18274 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

Dated: March 6, 1997.

Approved:

W. T. Storz,

Commander, JAGC, U.S. Navy, Acting Deputy

Assistant Judge Advocate General

(Admiralty).

[FR Doc. 97–9599 Filed 4–14–97; 8:45 am]

BILLING CODE 3810–FF–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) of the Navy has

determined that USS MAHAN (DDG 72)

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.

EFFECTIVE DATE: March 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R. R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, VA

22332–2400, Telephone number: (703)

325–9744.

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) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

MAHAN (DDG 72) 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: Annex I, paragraph 2(f)(i)

pertaining to placement of the masthead

light or lights above and clear of all

other lights and obstructions; Annex I,

paragraph 3(a) pertaining to the location

of the forward masthead light in the

forward quarter of the vessel, and the

horizontal distance between the forward

and after masthead lights; and, Annex I,

paragraph 3(c) pertaining to placement

of task lights not less than two meters

from the fore and aft centerline of the

ship in the athwartship direction. The

Deputy Assistant Judge Advocate

General (Admiralty) 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 differently 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.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Four, Paragraph 15 of § 706.2

is amended by adding, in numerical

order, the following entry for USS

MAHAN:

§ 706.2 Certifications of the Secretary of

the Navy Under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Vessel Number

Horizontal distance from

the fore and aft centerline

of the vessel in the

athwartship direction

* * * * * * *

USS MAHAN ............................................................................................................................................. DDG 72 1.90 meters.

* * * * * * *

3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical order, the following entry for USS

MAHAN:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative

ship’s headings

* * * * * * *

USS MAHAN ............................................................................................................................................. DDG 72 102.11 thru 112.50°.

* * * * * * *

4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS MAHAN:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18275

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 MAHAN ................................................................................. DDG 72 X X X 13.9

* * * * * * *

Dated: March 19, 1997.

Approved:

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty).

[FR Doc. 97–9598 Filed 4–14–97; 8:45 am]

BILLING CODE 3810–FF–P

PANAMA CANAL COMMISSION

35 CFR Parts 103 and 104

RIN 3207–AA40

Preference in the Transit Schedule/

Order of Transiting Vessels;

Passenger Steamers Given Preference

in Transiting

AGENCY: Panama Canal Commission.

ACTION: Interim rule.

SUMMARY: This document announces a

test of a revised vessel transit

reservation system. The interim rule to

be tested incorporates certain new

features, including increasing the

number of available reserved transit

slots, creation of a third booking period,

establishment of new booking fees for

transit reservations whenever the total

number of vessels awaiting transit is

excessively high, and clarification and

refinement of procedures concerning

cancellations, refunds, and penalties.

The revised vessel transit reservation

system to be tested also makes certain

passenger vessels seeking preference

over other vessels in transiting the

Panama Canal, that heretofore were

exempt, subject to this interim rule.

DATES: The test and the effective date of

the interim rule shall commence at 2:00

p.m. (1400 hours) April 21, 1997.

ADDRESSES: Written comments

concerning any aspect of the test should

be directed to John A. Mills, Secretary,

Panama Canal Commission, 1825 I

Street, NW, Suite 1050, Washington, DC

20006–5402, Telephone (202) 634–6441,

Fax (202) 634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Secretary, Panama Canal

Commission, 1825 I Street, NW, Suite

1050, Washington, DC 20006–5402,

Telephone: (202) 634–6441, Fax (202)

634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

SUPPLEMENTARY INFORMATION: Section

1801 of the Panama Canal Act of 1979,

as amended (22 U.S.C. 3811), authorizes

the Panama Canal Commission (PCC) to

prescribe and, from time to time, amend

regulations governing the passage and

control of vessels through the Panama

Canal or any part thereof, including the

locks and approaches thereto. This

interim rule constitutes such a

regulation.

Articles II and III of the Treaty

Concerning the Permanent Neutrality

and Operation of the Panama Canal

expressly provides for payment of tolls

and other charges for transit and

ancillary services that are just,

reasonable, equitable and consistent

with international law. The booking fees

that are a component of this interim rule

are for transit and ancillary services.

This interim rule involves public

property, the Panama Canal, and,

therefore, is excluded from coverage of

the Administrative Procedures Act. 5

U.S.C. 553(a)(2). Nevertheless, in

implementing this interim rule, PCC has

elected to proceed in a manner generally

consistent with the provisions of the

Administrative Procedures Act

concerning notice of proposed rule

making.

On March 5, 1997, PCC published in

the Federal Register (Volume 62,

Number 43, Pages 9997–10000), a notice

of proposed rule with request for

comments concerning a test of this

interim rule. During the 30-day

comment period, PCC received a

number of written submissions from

interested persons.

PCC considered all data, views,

comments and suggestions submitted,

some of which remain under

consideration and will be assessed in

light of the test results.

PCC believes this interim rule is the

best mechanism for fairly testing the

various new features of the revised

vessel transit reservation system, and

will thus enable PCC at the end of the

test to make informed, objective

assessments concerning which system

features are mutually beneficial to PCC

and its customers. Depending on the test

results, PCC may modify this interim

rule in some aspects prior to

implementation of the final rule.

To insure thoroughness in testing this

interim rule, throughout the test period,

PCC solicits detailed, objective data

concerning the operational and

economic impact of this interim rule on

Canal customers.

The test of the revised Panama Canal

Vessel Transit Reservation System will

commence at 2:00 p.m. (1400 hours), on

April 21, 1997. The test will be 120 days

or longer in duration.

PCC strongly encourages all interested

persons to submit written data, views or

arguments anytime during the test

period. All will be considered by PCC.

Whenever suggested revisions to the

interim rule are indicated, revisions

based thereon will be incorporated into

the final rule to be published at the

conclusion of the test.

PCC is exempt from Executive Order

12866. The provisions of that directive,

therefore, do not apply to this interim

rule. Even if the Order was applicable,

this interim rule would not have any

significant economic impact on any

substantial number of small entities

under the Regulatory Flexibility Act of

1980.

Additionally, PCC has determined

that implementation of this interim rule

will not have an adverse effect on

competition, employment, investment,

productivity, innovation, or the ability

of the U.S.-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.