Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10603 

rotation on the Idaho City map, 

proceeding northerly, crossing Grimes 

and Mores Creek, T5N/R4E, and then 

proceeding southerly to Lucky Peak 

Lake, turning northeasterly north of the 

Lucky Peak Lake, Arrowrock Reservoir, 

and Middle Fork Boise River to T4N/ 

R7E, crossing the Middle Fork Boise 

River and proceeding southwesterly 

south of the Middle Fork Boise River, to 

the South Fork Boise River, crossing the 

South Fork Boise River, T2N/R6E, 

proceeding onto the Boise map 

proceeding southwesterly south of 

Lucky Peak Lake onto the Murphy map; 

(12) Continue following the 1,040- 

meter contour line in a clockwise 

rotation southeasterly on the Murphy 

map to the Mountain Home map, 

proceeding southeasterly, crossing 

Canyon Creek, passing north of 

Mountain Home Reservoir, crossing 

King Hill Creek, onto the Fairfield map, 

proceeding easterly, crossing Clover 

Creek, T4S/R13E, proceeding southerly 

onto the Twin Falls map; 

(13) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Twin Falls map, 

proceeding southeasterly to the Snake 

River, T9S/R14E, following north of the 

Snake River and crossing at T10S/R18E, 

northeast of Twin Falls, proceeding 

westerly south of the Snake River to the 

Salmon River, following east of the 

Salmon River and crossing at T10S/ 

R13E, proceeding northerly west of the 

Salmon River and the Hagerman 

Wildlife Management Area, proceeding 

west onto the Glenns Ferry map; 

(14) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Glenns Ferry map, 

proceeding generally west to Rosevear 

Gulch, turning south between Rosevear 

Gulch and Pilgrim Gulch, near Deadman 

Creek, heading northwesterly, 

continuing through the Bruneau Desert, 

crossing Hole Creek in Pot Canyon and 

proceeding to Bruneau Canyon, 

proceeding southeasterly east of 

Bruneau Canyon, crossing Bruneau 

Canyon, T10S/R7E, proceeding west of 

Bruneau Canyon then west onto the 

Triangle map; 

(15) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Triangle map, heading 

northwesterly, crossing Shoofly Creek 

and Alder Creek, T6S/R1W, onto the 

Murphy map, continuing northwesterly 

to Sinker Creek, crossing Sinker Creek, 

T4S/R2W, continuing northwesterly to 

Jump Creek, crossing Jump Creek, T1N/ 

R5W, proceeding northwesterly onto the 

Boise map, crossing its southwestern 

corner, T2N/R5W, onto the Mahogany 

Mountain map; 

(16) Continue following the 1,040- 

meter contour line in a clockwise 

rotation onto the Mahogany Mountain 

map, proceeding westerly onto the Vale 

map, generally northwesterly then 

southwesterly onto the Mahogany 

Mountain map, proceeding southwest, 

west, and generally north onto the Vale 

map, passing through Succor Creek 

State Recreational Area, returning to the 

Mahogany Mountain map, and, passing 

east of McIntyre Ridge, crossing Succor 

Creek, T1N/R46E, proceeding northerly 

back onto the Vale map; 

(17) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Vale map, proceeding 

northerly east of Owyhee Ridge and 

Long Draw to north of Lake Owyhee, 

southwesterly and southerly south of 

Lake Owyhee onto the Mahogany 

Mountain map, southwesterly south of 

Lake Owyhee, the Owyhee River, and 

Owyhee Canyon, crossing Owyhee 

Canyon at T29S/R41E, proceeding 

northerly west of Owyhee Canyon, 

northeasterly west of Owyhee River and 

Owyhee Reservoir, and northerly onto 

the Vale map; 

(18) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Vale map, proceeding 

generally northerly to T20S/R42E, 

southwesterly east of Cottonwood 

Creek, crossing Cottonwood Creek, 

T22S/R40E, proceeding north to the 

Malheur River, following the Malheur 

River westerly to the intersection of the 

1,040-meter contour line and the 118 

degree west longitude line in Malheur 

County, Oregon, T21S/R38E, on the 

western border of the Vale map; 

(19) Proceed straight north along the 

118 degree west longitude line to its 

intersection with the 1,040-meter 

contour line, north of the Malheur 

River, T20S/R38E, proceeding easterly 

north of the Malheur River to Hog 

Creek, crossing Hog Creek, T20S/R40E, 

and proceeding northerly on the Vale 

map; 

(20) Continue following the 1,040- 

meter contour line in a clockwise 

rotation, crossing onto the Brogan map, 

proceeding easterly, northerly, and 

westerly to and around Malheur 

Reservoir, T14S/R41E, proceeding 

easterly to Cottonwood Gulch then 

northerly to Dixie Creek, crossing Dixie 

Creek, T12S/RR41E, proceeding easterly 

and northerly onto the Baker map; 

(21) Continue following the 1,040- 

meter contour line in a clockwise 

rotation on the Baker map, proceeding 

westerly south of the Burnt River, 

crossing the Burnt River, T10S/R41E, 

proceeding easterly north of the Burnt 

River to Gravel Pits, then northerly, 

returning to the beginning point. 

Dated: January 18, 2007. 

John J. Manfreda, 

Administrator. 

Approved: February 5, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. E7–4230 Filed 3–8–07; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS MESA VERDE 

(LPD 19) is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot fully comply with 

certain provisions of the 72 COLREGS 

without interfering with its special 

function as a naval ship. The intended 

effect of this rule is to warn mariners in 

waters where 72 COLREGS apply. 

DATES: Effective Date: February 6, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Commander Gregg A. Cervi, JAGC, U.S. 

Navy, Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

Office of the Judge Advocate General, 

Department of the Navy, 1322 Patterson 

Ave., SE., Suite 3000, Washington Navy 

Yard, DC 20374–5066, telephone 202–

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR Part 706. This 

amendment provides notice that the 

Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS MESA VERDE (LPD 19) is a vessel 

of the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Rule 27, pertaining to the 

placement of all-round task lights in a 

vertical line; Annex I, paragraph 3(a), 


erjones on PRODPC74 with RULES
10604 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

pertaining to the horizontal distance 

between the forward and after masthead 

lights; and Annex I, paragraph 2(k), 

pertaining to the vertical separation 

between anchor lights. The Deputy 

Assistant Judge Advocate General 

(Admiralty and Maritime Law) has also 

certified that the lights involved are 

located in closest possible compliance 

with the applicable 72 COLREGS 

requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR Parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner different from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, the Navy Department amends 

part 706 of title 32 of the Code of 

Federal Regulations as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read: 

Authority: 33 U.S.C. 1605. 

■ 2. Table Three of § 706.2 is amended 

by adding, in numerical order, the 

following entry for USS MESA VERDE: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE THREE

Vessel No. 

Masthead 

lights arc of 

visibility; 

rule 21(a) 

Side lights 

arc of visibility; rule 

21(b) 

Stern light 

arc of visibility; rule 

21(c) 

Side lights 

distance inboard of 

ship’s sides 

in meters 

3(b) annex 

1 

Stern light, 

distance forward of 

stern in meters; rule 

21(c) 

Forward anchor light, 

height 

above hull 

in meters; 

2(K) annex 

1 

Anchor lights relation-ship of aft 

light to forward 

light in meters 

2(K) annex 1 

* * * * * * * 

USS MESA VERDE ... LPD 19 .................... .................... .................... .................... .................... .................... 1.42m below. 

* * * * * * * 

■ 3. Table Four, in Paragraph 20 of 

§ 706.2, is amended by adding, in 

numerical order, the following entry for 

USS MESA VERDE (LPD 19): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Vessel No. 

Angle in degrees of 

task lights 

off vertical 

as viewed 

from directly 

ahead or 

astern 

USS MESA VERDE ....................................................................................................................................................... LPD 19 ........ 10 

■ 4. Table Five of § 706.2 is amended by 

adding, in numerical order, the 

following entry for USS MESA VERDE: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel No. 

Masthead 

lights not 

over all 

other lights 

and obstructions. Annex 

I, sec. 2(f) 

Forward 

masthead 

light not in 

forward 

quarter of 

ship. Annex 

I, sec. 3(a) 

After masthead light 

less than 

1⁄2 ship’s 

length aft of 

forward 

masthead 

light. Annex 

I, sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

* * * * * * * 

USS MESA VERDE ................................................................................. LPD 19 .................... .................... X 70.9 

* * * * * * * 


erjones on PRODPC74 with RULES
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10605 

Approved: February 6, 2007. 

Gregg A. Cervi, 

Commander, JAGC, U.S. Navy Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. E7–4254 Filed 3–8–07; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–07–018] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Susquehanna River, at Havre de Grace, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the National Railroad Passenger 

Corporation (AMTRAK) Bridge, at mile 

1.0, across Susquehanna River at Havre 

de Grace, Maryland. This deviation 

allows the drawbridge to remain closedto-navigation beginning at 6 p.m. on 

March 30, 2007, until and including 6 

p.m. on June 8, 2007, to facilitate 

structural repairs. 

DATES: This deviation is effective from 

6 p.m. on March 30, 2007, until 6 p.m. 

on June 8, 2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (dpb), Fifth 

Coast Guard District, Federal Building, 

1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004 between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (757) 398–6222. 

Commander (dpb), Fifth Coast Guard 

District maintains the public docket for 

this temporary deviation. 

FOR FURTHER INFORMATION CONTACT: Bill 

H. Brazier, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6422. 

SUPPLEMENTARY INFORMATION: The 

AMTRAK Bridge, a swing-type 

drawbridge, has a vertical clearance in 

the closed position to vessels of 52 feet, 

above mean high water. 

AMTRAK, the bridge owner, has 

requested a temporary deviation from 

the current operating regulation set out 

in 33 CFR 117.575 and to close the 

drawbridge to navigation to perform 

needed structural repairs. 

The repairs will include the renewal 

of 3,184 bridge timbers as well as the 

installation of new rail and expansion 

joints. To facilitate this work, the 

AMTRAK Bridge will be maintained in 

the closed-to-navigation position 

beginning at 6 p.m. on March 30, 2007, 

until and including 6 p.m. on June 8, 

2007. 

The Coast Guard has informed the 

known users of the waterway of the 

closure periods for the bridge so that 

these vessels can arrange their transits 

to minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 28, 2007. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E7–4215 Filed 3–8–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 280 

Magnet Schools Assistance Program 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Secretary amends the 

regulations governing the Magnet 

Schools Assistance Program (MSAP) in 

34 CFR part 280. These amendments 

allow the MSAP to use an approach 

similar to that in § 75.200 for 

establishing selection criteria in grant 

competitions. Under this approach the 

MSAP has the flexibility to use selection 

criteria from its program regulations, 

from the menu of general selection 

criteria in the Education Department 

General Administrative Regulations 

(EDGAR) in § 75.210, based on statutory 

provisions in accordance with § 75.209, 

or from any combination of these. 

DATES: These regulations are effective 

April 9, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Brockhouse, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., room 4W229, Washington, DC 

20202–5970. Telephone: (202) 260–2476 

or via Internet: 

steve.brockhouse@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: On August 

22, 2006 the Secretary published a 

notice of proposed rulemaking (NPRM) 

for these amendments in the Federal 

Register (71 FR 48866). 

In the preamble to the NPRM, the 

Secretary discussed on pages 48866 and 

48867 the major changes proposed in 

that document to provide the MSAP 

with the flexibility to use different types 

of selection criteria when evaluating 

grant applications in a specific grant 

competition. These included the 

following: 

• Amending § 280.30 to give the 

Secretary the flexibility to use selection 

criteria from § 280.31, from the 

approved menu of general selection 

criteria in § 75.210 or from selection 

criteria based on statutory provisions 

governing the MSAP, established in 

accordance with § 75.209. 

• Amending § 280.31 to remove the 

mandatory point values from the 

selection criteria in this section of the 

MSAP regulations. 

There are no differences between the 

NPRM and these final regulations. 

Analysis of Comments 

In response to the Secretary’s 

invitation in the NPRM, nine parties 

submitted comments on the proposed 

regulations. An analysis of the 

comments follows. 

We discuss substantive issues under 

the sections of the regulations to which 

they pertain. Generally, we do not 

address technical and other minor 

changes—and suggested changes the 

law does not authorize the Secretary to 

make. 

Section 280.30 How Does the Secretary 

Evaluate an Application? 

Comment: Two commenters 

expressed the opinion that the current 

selection criteria work effectively to 

address the MSAP’s statutory purpose 

and requirements, and consequently 

that a change in approach to permit the 

use of other selection criteria is not 

needed at this time. 

Discussion: The Department proposed 

these changes because we have been 

constrained in past MSAP competitions 

to using only the program selection 

criteria in § 280.31, whether or not their 

use continues to work well in the 


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