Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations 67059

(d) Seizure under 19 U.S.C. 1592. If

merchandise is imported, introduced or

attempted to be introduced contrary to

a provision of law governing its

classification or value, and there is no

issue of admissibility, such merchandise

shall not be seized pursuant to 19 U.S.C.

1595a(c). Any seizure of such

merchandise shall be in accordance

with section 1592 (see § 162.75 of this

chapter).

(e) Detention only. Merchandise

subject to quantitative restrictions

requiring a visa, permit, license, or other

similar document, or stamp from the

United States Government or from a

foreign government or issuing authority

pursuant to a bilateral or multilateral

agreement, shall be subject to detention

in accordance with 19 U.S.C. 1499,

unless the appropriate visa, permit,

license, or similar document, or stamp

is presented to Customs (but see

paragraph (b)(7), of this section for

instances when seizure may occur).

George J. Weise,

Commissioner of Customs.

Approved: November 29, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 95–31325 Filed 12–27–95; 8:45 am]

BILLING CODE 4820–02–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;

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 LABOON (DDG

58) 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: December 5, 1995.

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

LABOON (DDG 58) 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 3(a),

pertaining to the location of the forward

masthead light in the forward quarter of

the vessel, the placement of the after

masthead light, and the horizontal

distance between the forward and after

masthead lights; Annex I, paragraph

2(f)(i) pertaining to placement of the

masthead light or lights above and clear

of all other lights and obstructions; 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:

Authority: 33 U.S.C. 1605.

2. Table Five of § 706.2 is amended by

revising the entry for ‘‘USS LABOON’’

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 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 LABOON ............................................................................................. DDG 58 X X X 20.4

* * * * * * *
67060 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations

Dated: December 5, 1995.

R.R. Pixa,

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

Judge Advocate General (Admiralty).

[FR Doc. 95–31258 Filed 12–27–95; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 3

[CGD 95–081]

RIN 2115–AF22

Fifth and Eighth District Marine

Inspection and Captain of the Port

Zone Boundaries

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

the descriptions of several Marine

Inspection and Captain of the Port zone

boundaries in the Fifth Coast Guard

District as a result of the consolidation

of the Marine Safety Office Baltimore

and Group Baltimore into a single unit,

Activities Baltimore. The Coast Guard is

also revising the descriptions of the

former Marine Inspection and Captain

of the Port Zones for Houston, TX and

Galveston, TX to reflect their merger

into a single zone. These changes will

clarify Coast Guard geographic area

responsibilities both in the Fifth and in

the Eighth Coast Guard Districts. These

changes are administrative and will not

impact the type or level of Coast Guard

services performed.

EFFECTIVE DATES: This rule is effective

on December 28, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington, DC 20593–0001 between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

Janet Walton, Project Manager,

Standards Evaluation and Development

Division (G–MES–2), (202) 267–0257.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Fifth District—Activities Baltimore

During 1995, the Coast Guard

reorganized the Marine Safety Office

Baltimore and Group Baltimore units by

consolidating them into a single unit

and redefining its geographic area of

responsibility. The new unit, Activities

Baltimore, is now the location of the

Baltimore Marine Inspection Office (MI)

and Captain of the Port Office (COTP),

and its area of responsibility is now

limited to the upper Chesapeake Bay

and its tributaries, all within the State

of Maryland. The Philadelphia Marine

Inspection Zone and Captain of the Port

Zone were enlarged to add those

portions of the Chesapeake and

Delaware Canal, and upper portions of

the Nanticoke River located within the

state of Delaware which formerly were

in the Baltimore zone. The Hampton

Roads Marine Inspection Zone and

Captain of the Port Zone has been

expanded to include portions of eastern

Maryland, northern Virginia and the

Atlantic Ocean which formerly had

been part of the Baltimore Marine

Inspection Zone and Captain of the Port

Zone. The boundary between the

Baltimore and Hampton Roads MI and

COTP zones is now, starting from the

intersection of the Virginia-MarylandWest Virginia boundaries, the southern

bank of the Potomac River as it follows

the Virginia-Maryland and VirginiaDistrict of Columbia boundaries, the

Virginia-Maryland boundary across the

Chesapeake Bay and the western portion

of Delmarva Peninsula, and a northsouth line along 75°30′ W. longitude

from the Virginia-Maryland boundary to

the Maryland-Delaware boundary. The

entire Commonwealth of Virginia and

the eastern portion of Maryland along

the Atlantic coast are now included

within the Hampton Roads Marine

Inspection Zone and COTP Zone.

Eighth District—Houston-Galveston

Previously, the Coast Guard Marine

Safety Offices in Houston and Galveston

each exercised MI and COTP authority

in their respective regions. The Coast

Guard has consolidated the MI and

COTP authority for both of these regions

into one MI and COTP zone, HoustonGalveston. This merger streamlined the

command and control of Marine Safety

activities for the Houston and Galveston

areas.

Discussion of Changes

The current descriptions do not

reflect the changes in these MI/COTP

zones. This rule will revise these

descriptions. The Coast Guard is

proceeding directly to a final rule under

section 553(b)(3)(A) of the

Administrative Procedures Act (5 U.S.C.

§ 551 et seq.) which excludes

rulemakings relating to agency

organization, procedure, or practice

from the requirements of public notice

and comment. These changes are

administrative and will not impact the

type or level of Coast Guard services

performed.

§ 3.25–05. This section, describing the

Philadelphia Marine Inspection Zone

and Captain of the Port Zone, is revised

to add those portions of the Chesapeake

and Delaware Canal, and upper portions

of the Nanticoke River located within

the state of Delaware which previously

were in the Baltimore zone. As a result,

the entire state of Delaware will be

within the boundaries of the

Philadelphia Marine Inspection and

Captain of the Port Zones.

§ 3.25–10. This section, describing the

Hampton Roads Marine Inspection Zone

and Captain of the Port Zone, is being

revised to add the northern portion of

Virginia, the eastern portion of

Maryland, and the portion of the

Atlantic Ocean which previously were

in the Baltimore MI and COTP Zones.

Instead of the boundary between the

Baltimore and Hampton Roads MI/

COTP zones currently described by a

line through northern Virginia and the

Virginia-Maryland boundary across the

Chesapeake Bay and the Delamarva

Peninsula, the boundary is now, starting

from the intersection of the VirginiaMaryland-West Virginia boundaries, the

southern bank of the Potomac River as

it follows the Virginia-Maryland and

Virginia-District of Columbia

boundaries, the Virginia-Maryland

boundary across Chesapeake Bay and

the western portion of Delmarva

Peninsula, and a north-south line along

75°30′ W. longitude from the VirginiaMaryland boundary to the MarylandDelaware boundary, and then along that

boundary to the ocean and further

seaward. The entire Commonwealth of

Virginia, the eastern portion of

Maryland along the Atlantic coast, and

the Atlantic Ocean adjacent to the

Maryland coast to the outermost extent

of the EEZ are now included within the

Hampton Roads Marine Inspection Zone

and Captain of the Port Zone. The

Hampton Roads zones will border the

Philadelphia Marine Inspection and

Captain of the Port Zones from a point

on the Maryland-Delaware boundary

(75°30′ W. longitude) and along that

boundary to the ocean and further

seaward in the same manner as did the

Baltimore MI/COTP zones.

§ 3.25–15. This section, describing the

Baltimore Marine Inspection Zone and

Captain of the Port Zone, is revised to

describe its new boundaries. The

Chesapeake and Delaware Canal, and

Nanticoke River, which were wholly

within the Baltimore Marine Inspection

and COTP Zones, are now divided

between the Baltimore and Philadelphia

zones at the Maryland-Delaware