Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11325

with respect to certain tips received by

employees of food or beverage

establishments.

EFFECTIVE DATE: December 20, 1996.

FOR FURTHER INFORMATION CONTACT: Jean

M. Casey, (202) 622–6060 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

The removal of temporary regulations

that is subject to this correction is under

section 45B of the Internal Revenue

Code.

Need for Correction

As published, the removal of

temporary regulations (TD 8699)

contains an error which may prove to be

misleading and is in need of

clarification.

Correction of Publication

Accordingly, the publication of the

removal of temporary regulations (TD

8699) which is the subject of FR Doc.

96–32249 is corrected as follows:

On page 67212, column 3, in the

heading, the RIN ‘‘RIN 1545–AS19’’ is

corrected to read ‘‘RIN 1545–AV06’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 97–6067 Filed 3–11–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

Amendment

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 MOUNT

WHITNEY (LCC 20) 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 functions as a naval ship. The

intended effect of this rule is to warn

mariners in waters where 72 COLREGS

apply.

EFFECTIVE DATE: January 29, 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, Virginia,

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

MOUNT WHITNEY (LCC 20) 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: Annex I,

section 3(a), pertaining to the location of

the foreward masthead light in the

forward quarter of the ship; and the

horizontal distance between the forward

and after masthead lights, without

interfering with its special functions as

an amphibious command vessel. The

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy 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 Five of § 706.2 is amended by

revising the entry for the USS MOUNT

WHITNEY to read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Table Five

Vessel Number

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 MOUNT WHITNEY ............................................................. LCC 20 .................... N/A N/A X 84

* * * * * * *
11326 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

Approved:

R.R. Pixa,

Captain, JAGC, U.S. Navy, Deputy

Assistant Judge Advocate General

(Admiralty).

Dated: January 29, 1997.

[FR Doc. 97–6221 Filed 3–11–97; 8:45 am]

BILLING CODE 3810–FF–P

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

Amendment

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 BATAAN (LHD 5)

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 functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: January 29, 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, Virginia,

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

BATAAN (LHD 5) 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: Rule 21(a),

pertaining to the location of the

masthead lights over the fore and aft

centerline of the ship; Annex I, section

2 (g), pertaining to the distance of the

sidelights above the hull; Annex I,

section 3(a), petaining to the location of

the foreward masthead light in the

forward quarter of the ship; and the

horizontal distance between the forward

and after masthead lights; and Annex I,

section 3 (b), pertaining to the

positioning of the sidelights in

relationship to the forward masthead

light, without interfering with its special

functions as an amphibious assault ship.

The Deputy Assistant Judge Advocate

General (Admiralty) of the Navy 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 Two of § 706.2 is amended by

adding the entry for USS BATAAN

following the entry for USS BOXER:

§ 706.2 Certifications of the Secretary

of the Navy under Executive Order

11964 and 33 U.S.C. 1605.

* * * * *

TABLE TWO

Vessel Number

Masthead

lights,

distance

to stbd of

keel in

meters;

Rule

21(a)

Forward

anchor

light, distance

below

flight dk

in meters;

§ 2(K),

Annex I

Forward

anchor

light,

number

of; Rule

30(a)(i)

AFT anchor light,

distance

below

flight dk

in meters;

Rule

21(e),

Rule

30(a)(ii)

AFT anchor light,

number

of; rule

30(a)(ii)

Side

lights,

distance

below

flight dk

in meters;

§ 2(g),

Annex I

Side

lights,

distance

forward

of forward

masthead

light in

meters;

§ 3(b),

Annex I

Side

lights,

distance

inboard

of ship’s

sides in

meters;

§ 3(b),

Annex I

* .................. * * * * * * * *

USS BATAAN ............................ LHD 5 ......... ................ ................ ................ ................ ................ 2.9 98.6 ................

* .................. * * * * * * * *

3. Table Five of § 706.2 is amended by

adding the entry for USS BATAAN

following the entry for USS Boxer:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *