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46758 Federal Register / Vol. 70, No.

154 / Thursday, August 11, 2005 / Rules and Regulations

to point of beginning.
Area N. That airspace extending upward from 5,000 feet MSL to and including 10,000 feet MSL beginning at
Lat. 33°59′26″ N., long. 118°53′23″ W. VNY 235 24.2 DME
Lat. 34°06′00″ N., long. 118°42′12″ W. VNY 235 12.9 DME
Lat. 34°06′00″ N., long. 118°14′24″ W. Railroad Freight Yard
Lat. 34°02′49″ N., long. 118°21′48″ W.
Lat. 34°00′20″ N., long. 118°23′05″ W. West Los Angeles College
Lat. 33°57′42″ N., long. 118°22′10″ W. Manchester/405 Fwy
Lat. 33°57′42″ N., long. 118°27′23″ W. Ballona Creek/Pacific Ocean
Lat. 34°00′23″ N., long. 118°32′33″ W. SMO 267 4.3 DME
Lat. 33°59′50″ N., long. 118°44′43″ W.
to point of beginning.

* * * * * On page 39920, column 3, in the General (Admiralty and Maritime Law),


Issued in Washington DC, on August 4, preamble, under the paragraph heading Office of the Judge Advocate General,
2005. ‘‘Summary of Comments and Department of the Navy, 1322 Patterson
Edith V. Parish, Explanation of Revisions’’ first Ave., SE., Suite 3000, Washington Navy
Acting Manager, Airspace and Rules. paragraph, lines 23 through 25, the Yard, DC 20374–5066, telephone 202–
[FR Doc. 05–15855 Filed 8–10–05:8:45 am]
language ‘‘corporation, the date of 685–5040.
recapture event is a transfer of a SUPPLEMENTARY INFORMATION: Pursuant
BILLING CODE 4910–13–M
partnership interest to an S corporation, to the authority granted in 33 U.S.C.
the date of the transfer’’ is corrected to 1605, the Department of the Navy
read as ‘‘corporation, the date of the amends 32 CFR Part 706. This
DEPARTMENT OF THE TREASURY transfer’’. amendment provides notice that the
Internal Revenue Service Guy Traynor, Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
Acting Chief, Publications and Regulations
26 CFR Part 1 Branch, Legal Processing Division, Associate under authority delegated by the
Chief Counsel, (Procedures and Secretary of the Navy, has certified that
[TD 9210] USS JIMMY CARTER (SSN 23) is a
Administration).
RIN 1545–BE75 [FR Doc. 05–15762 Filed 8–10–05; 8:45 am] vessel of the Navy which, due to its
BILLING CODE 4830–01–P
special construction and purpose,
LIFO Recapture Under Section 1363(d); cannot fully comply with the following
Correction specific provisions of 72 COLREGS
AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF DEFENSE without interfering with its special
Treasury. function as a naval ship: Rule 21(c),
Department of the Navy pertaining to the location and arc of
ACTION: Correction to final regulations.
visibility of the sternlight; Annex I,
SUMMARY: This document contains a 32 CFR Part 706 section 2(a)(i), pertaining to the height
correction to final regulations that were of the masthead light; Annex I, section
published in the Federal Register on Certifications and Exemptions Under 2(k), pertaining to the height and
July 12, 2005 (70 FR 39920) regarding the International Regulations for relative positions of the anchor lights;
the LIFO recapture by corporations Preventing Collisions at Sea, 1972 and Annex I, section 3(b), pertaining to
converting from C Corporations to S the location of the sidelights. The
AGENCY: Department of the Navy, DOD. Deputy Assistant Judge Advocate
Corporations.
ACTION: Final rule. General (Admiralty and Maritime Law)
DATES: This correction is effective July
has also certified that the
12, 2005. SUMMARY: The Department of the Navy
aforementioned lights are located in
FOR FURTHER INFORMATION CONTACT: is amending its certifications and closest possible compliance with the
Pietro Canestrelli, at (202) 622–3060 and exemptions under the International applicable 72 COLREGS requirements.
Martin Schaffer, at (202) 622–3070 (not Regulations for Preventing Collisions at Moreover, it has been determined, in
toll-free numbers). Sea, 1972 (72 COLREGS), to reflect that accordance with 32 CFR Parts 296 and
SUPPLEMENTARY INFORMATION: the Deputy Assistant Judge Advocate 701, that publication of this amendment
General (Admiralty and Maritime Law) for public comment prior to adoption is
Background has determined that USS JIMMY impracticable, unnecessary, and
The correction notice that is the CARTER (SSN 23) is a vessel of the contrary to public interest since it is
subject of this document is under Navy which, due to its special based on technical findings that the
section 1363 of the Internal Revenue construction and purpose, cannot fully placement of lights on this vessel in a
Code. comply with certain provisions of the 72 manner differently from that prescribed
COLREGS without interfering with its herein will adversely affect the vessel’s
Need for Correction
special function as a naval ship. The ability to perform its military functions.
As published, the correction notice intended effect of this rule is to warn
(TD 9210), contains an error that may mariners in waters where 72 COLREGS List of Subjects in 32 CFR Part 706
prove to be misleading and is in need apply. Marine safety, Navigation (water), and
of clarification. DATES: Effective Date: September 21, Vessels.
Correction of Publication 2004. ■ For the reasons set forth in the
Accordingly, the correction notice FOR FURTHER INFORMATION CONTACT: preamble, amend part 706 of title 32 of
(TD 9210), which was the subject of FR Commander Gregg A. Cervi, JAGC, U.S. the Code of Federal Regulations as
Doc. 05–13383, is corrected as follows: Navy, Deputy Assistant Judge Advocate follows:

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Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 46759

PART 706—CERTIFICATIONS AND Authority: 33 U.S.C. 1605. § 706.2 Certifications of the Secretary of
EXEMPTIONS UNDER THE the Navy under Executive Order 11964 and
INTERNATIONAL REGULATIONS FOR ■ 2. Table One of § 706.2 is amended by 33 U.S.C. 1605.
PREVENTING COLLISIONS AT SEA, adding, in numerical order, the following * * * * *
1972 entry for USS JIMMY CARTER:
■ 1. The authority citation for 32 CFR
Part 706 continues to read:

Distance in meters of
forward masthead
Vessel Number light below minimum
required height
§ 2(a)(i) Annex I

* * * * * * *
USS JIMMY CARTER .......................................................... SSN 23 ................................................................................. 4.32

* * * * * * *

■ 3. Table Three of § 706.2 is amended following entry for USS JIMMY § 706.2 Certifications of the Secretary of
by adding, in numerical order, the CARTER: the Navy under Executive Order 11964 and
33 U.S.C. 1605.
* * * * *

TABLE THREE
Anchor
Side lights Forward an- lights rela-
Stern light,
Masthead Side lights Stern light distance in- chor light, tionship of
distance for-
lights arc of arc of visi- arc of visi- board of height above aft light to
Vessel Number ward of stern
visibility; rule bility; rule bility; rule ship’s sides hull in me- forward light
in meters;
21(a) 21(b) 21(c) in meters; ters; 2(K) in meters
rule 21(c)
3(b) annex 1 annex 1 2(K)
annex 1

* * * * * * *
USS JIMMY SSN 23 ...... ...................... ...................... 211° 5.12 10.7 2.8 1.63 below.
CARTER

* * * * * * *

Approved: September 21, 2004. SUMMARY: The Department of the Navy SUPPLEMENTARY INFORMATION: Pursuant
G. A. Cervi, is amending its certifications and to the authority granted in 33 U.S.C.
Commander, JAGC, U.S. Navy, Deputy exemptions under the International 1605, the Department of the Navy
Assistant Judge Advocate General (Admiralty Regulations for Preventing Collisions at amends 32 CFR part 706. This
and Maritime Law). Sea, 1972 (72 COLREGS), to reflect that amendment provides notice that the
the Deputy Assistant Judge Advocate Deputy Assistant Judge Advocate
Editorial Note: This document was General (Admiralty and Maritime Law) General (Admiralty and Maritime Law),
received at the Office of the Federal Register has determined that USS BAINBRIDGE under authority delegated by the
August 8, 2005. (DDG 96) is a vessel of the Navy which, Secretary of the Navy, has certified that
[FR Doc. 05–15897 Filed 8–10–05; 8:45 am] due to its special construction and USS BAINBRIDGE (DDG 96) is a vessel
BILLING CODE 3810–FF–P
purpose, cannot fully comply with of the Navy which, due to its special
certain provisions of the 72 COLREGS construction and purpose, cannot fully
without interfering with its special comply with the following specific
DEPARTMENT OF DEFENSE function as a naval ship. The intended provisions of 72 COLREGS without
effect of this rule is to warn mariners in interfering with its special function as a
Department of the Navy waters where 72 COLREGS apply. naval ship: Annex I, paragraph 2(f)(i),
DATES: Effective Date: April 12, 2005. pertaining to the placement of the
32 CFR Part 706 FOR FURTHER INFORMATION CONTACT: masthead light or lights above and clear
Commander Gregg A. Cervi, JAGC, U.S. of all other lights and obstructions;
Certifications and Exemptions Under Navy, Deputy Assistant Judge Advocate Annex I, paragraph 2(f)(ii), pertaining to
the International Regulations for General (Admiralty and Maritime Law), the vertical placement of task lights;
Preventing Collisions at Sea, 1972 Office of the Judge Advocate General, Annex I, paragraph 3(a), pertaining to
Department of the Navy, 1322 Patterson the location of the forward masthead
AGENCY: Department of the Navy, DOD. Ave., SE., Suite 3000, Washington Navy light in the forward quarter of the ship,
ACTION: Final rule. Yard, DC 20374–5066, telephone 202– and the horizontal distance between the
685–5040. forward and after masthead lights; and

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