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52302 Federal Register / Vol. 70, No.

170 / Friday, September 2, 2005 / Rules and Regulations

§ 1.6654–6 Nonresident alien individuals. DEPARTMENT OF DEFENSE paragraph 2(f)(i), pertaining to the
(a) In general. A nonresident alien placement of the masthead light or
Department of the Navy lights above and clear of all other lights
individual is required to make a
and obstructions; Annex I, paragraph
payment of estimated tax if that 32 CFR Part 706 2(f)(ii), pertaining to the vertical
individual’s gross income meets the
placement of task lights; and Annex I,
requirements of section 6654 and Certifications and Exemptions Under paragraph 3(a), pertaining to the
§ 1.6654–1. In making the determination the International Regulations for location of the forward masthead light
under section 6654 as to whether the Preventing Collisions at Sea, 1972 in the forward quarter of the ship, and
amount of the gross income of a the horizontal distance between the
AGENCY: Department of the Navy, DOD.
nonresident alien individual is such as forward and after masthead lights. The
to require making a payment of ACTION: Final rule.
Deputy Assistant Judge Advocate
estimated income tax, only the filing SUMMARY: The Department of the Navy General (Admiralty and Maritime Law)
status relating to a single individual is amending its certifications and has also certified that the lights
(other than a head of household) or to exemptions under the International involved are located in closest possible
a married individual not entitled to file Regulations for Preventing Collisions at compliance with the applicable 72
a joint return shall apply, unless an Sea, 1972 (72 COLREGS), to reflect that COLREGS requirements.
election is in effect 1 for the taxable year the Deputy Assistant Judge Advocate Moreover, it has been determined, in
under section 6013(g) or (h) and the General (Admiralty and Maritime Law) accordance with 32 CFR parts 296 and
regulations. has determined that USS WINSTON S. 701, that publication of this amendment
(b) Determination of gross income. To CHURCHILL (DDG 81) is a vessel of the for public comment prior to adoption is
Navy which, due to its special impracticable, unnecessary, and
determine the gross income of a
construction and purpose, cannot fully contrary to public interest since it is
nonresident alien individual who is not,
comply with certain provisions of the 72 based on technical findings that the
or does not expect to be, a bona fide
COLREGS without interfering with its placement of lights on this vessel in a
resident of Puerto Rico or a possession special function as a naval ship. The manner differently from that prescribed
to which section 931 applies during the intended effect of this rule is to warn herein will adversely affect the vessel’s
entire taxable year, see section 872 and mariners in waters where 72 COLREGS ability to perform its military functions.
§§ 1.872–1 and 1.872–2. To determine apply.
the gross income of a nonresident alien List of Subjects in 32 CFR Part 706
DATES: Effective Date: April 12, 2005.
individual who is, or expects to be, a Marine safety, Navigation (water), and
FOR FURTHER INFORMATION CONTACT:
bona fide resident of Puerto Rico or a Commander Gregg A. Cervi, JAGC, U.S. Vessels.
possession to which section 931 applies Navy, Deputy Assistant Judge Advocate
during the entire taxable year, see ■ For the reasons set forth in the
General (Admiralty and Maritime Law), preamble, amend part 706 of title 32 of
section 876 and the regulations. For Office of the Judge Advocate General, the Code of Federal Regulations as
rules for determining whether an Department of the Navy, 1322 Patterson follows:
individual is a bona fide resident of a Ave., SE., Suite 3000, Washington Navy
United States possession (including Yard, DC 20374–5066, telephone 202– PART 706—CERTIFICATIONS AND
Puerto Rico), see section 937 and the 685–5040. EXEMPTIONS UNDER THE
regulations. SUPPLEMENTARY INFORMATION: Pursuant INTERNATIONAL REGULATIONS FOR
to the authority granted in 33 U.S.C. PREVENTING COLLISIONS AT SEA,
Mark E. Matthews,
1605, the Department of the Navy 1972
Deputy Commissioner for Services and
amends 32 CFR part 706. This
Enforcement. ■ 1. The authority citation for part 706
amendment provides notice that the
Approved: August 21, 2005. continues to read:
Deputy Assistant Judge Advocate
Eric Solomon, General (Admiralty and Maritime Law), Authority: 33 U.S.C. 1605.
Acting Deputy Assistant Secretary of the under authority delegated by the ■ 2. Table Four, Paragraph 16 of § 706.2
Treasury. Secretary of the Navy, has certified that is amended by revising the entry for
[FR Doc. 05–17449 Filed 9–1–05; 8:45 am] USS WINSTON S. CHURCHILL (DDG USS WINSTON S. CHURCHILL as
BILLING CODE 4830–01–P 81) is a vessel of the Navy which, due follows:
to its special construction and purpose,
cannot fully comply with the following § 706.2 Certifications of the Secretary of
specific provisions of 72 COLREGS the Navy under Executive Order 11964 and
without interfering with its special 33 U.S.C. 1605.
function as a naval ship: Annex I, * * * * *

Obstruction angle relative


Vessel Number ship’s headings

* * * * * * *
USS WINSTON S. CHURCHILL ..................................... DDG 81 ............................................................................ 103.72 thru 112.50.

* * * * * * *

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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52303

■ 3. Table Five of § 706.2 is amended by § 706.2 Certifications of the Secretary of


revising the entry for USS WINSTON S. the Navy under Executive Order 11964 and
33 U.S.C. 1605.
CHURCHILL as follows:
* * * * *

TABLE FIVE
After masthead
Masthead lights Forward mast- light less than 1⁄2
not over all other head light not in ship’s length aft of Percentage hori-
Vessel No. lights and obstruc- forward quarter of forward masthead zontal separation
tions. Annex I, ship. Annex I, sec. light. Annex I, sec. attained
sec. 2(f) 3(a) 3(a)

* * * * * * *
USS WINSTON S. CHURCHILL .......................... DDG 81 X X X 14.0

* * * * * * *

Approved: July 6, 2005. FOR FURTHER INFORMATION CONTACT: barges to the display location, and
Gregg A. Cervi, Lieutenant Ian Callander, U.S. Coast during the fireworks display. This
Commander, JAGC, U.S. Navy, Deputy Guard Marine Safety Office San regulated area around the launch barges
Assistant Judge Advocate General (Admiralty Francisco Bay, at (510) 437–3401. is necessary to protect spectators,
and Maritime Law). SUPPLEMENTARY INFORMATION: vessels, and other property from the
[FR Doc. 05–17528 Filed 9–1–05; 8:45 am] hazards associated with the
BILLING CODE 3810–FF–P
Regulatory Information pyrotechnics on the fireworks barges.
We did not publish a notice of The Coast Guard has granted the event
proposed rulemaking (NPRM) for this sponsor a marine event permit for the
DEPARTMENT OF HOMELAND regulation. Under 5 U.S.C. 553(b)(B), the fireworks display.
SECURITY Coast Guard finds that good cause exists Discussion of Rule
for not publishing an NPRM. Logistical
Coast Guard details surrounding the event were not The Coast Guard is establishing
finalized and presented to the Coast temporary special local regulations on
33 CFR Part 100 Guard in time to draft and publish an specified waters of South Lake Tahoe,
[CGD11–05–022] NPRM. As such, the event would occur CA. During the loading of the fireworks
before the rulemaking process was barges, while the barges are being towed
RIN 1625–AA08 complete. Because of the dangers posed to the display location, and until the
by the pyrotechnics used in this start of the fireworks display, the special
Special Local Regulations for Marine local regulations apply to the navigable
Event; Labor Day Fireworks Display, fireworks display, special local
regulations are necessary to provide for waters around and under the fireworks
South Lake Tahoe, CA
the safety of event participants, barges within a radius of 100 feet.
AGENCY: Coast Guard, DHS. spectator craft, and other vessels During the 20-minute fireworks display,
ACTION: Temporary final rule. transiting the event area. For the safety the area to which these special local
concerns noted, it is in the public regulations apply will increase in size to
SUMMARY: The Coast Guard is interest to have these regulations in encompass the navigable waters around
establishing special local regulations in effect during the event. and under the fireworks barges within a
the navigable waters of Lake Tahoe for Under 5 U.S.C. 553(d)(3), the Coast radius of 1,000 feet. Loading of the
the loading, transport, and launching of Guard finds that good cause exists for pyrotechnics onto the fireworks barges
fireworks used during a fireworks making this rule effective less than 30 is scheduled to commence at 10 a.m. on
display to be held in celebration of days after publication in the Federal September 3, 2005, and will take place
Labor Day on September 4, 2005. These Register. Any delay in the effective date at the Tahoe Keys Marina in South Lake
special local regulations are intended to of this rule would expose mariners to Tahoe, CA. Towing of the barges from
prohibit vessels and people from the dangers posed by the pyrotechnics the Tahoe Keys Marina, to the display
entering into or remaining within the used in this fireworks display. location, is scheduled to take place
regulated area and to ensure the safety between 12 p.m. and 7 p.m. on
of participants and spectators. Background and Purpose September 4, 2005. During the fireworks
DATES: This rule is effective from 10 The Tahoe-Douglas Visitors Authority display, scheduled to commence at 9:15
a.m. on September 3, 2005 to 10 p.m. on is sponsoring a brief fireworks display p.m. on September 4, 2005, the
September 4, 2005. on September 4, 2005 in the waters of fireworks barges will be located
ADDRESSES: Documents indicated in this South Lake Tahoe, CA. The fireworks approximately 1,500 feet off the South
preamble as being available in the display is meant for entertainment Lake Tahoe waterfront near the
docket are part of the docket CGD 11– purposes in celebration of Labor Day. California/Nevada border, in position
05–022 and are available for inspection These special local regulations are being 38°57′54″ N, 119°57′18″ W.
or copying at Coast Guard Marine Safety issued to establish a temporary The effect of the temporary special
Office San Francisco Bay, Coast Guard regulated area in South Lake Tahoe local regulations will be to restrict
Island, Alameda, California, 94501, around the three fireworks launch general navigation in the vicinity of the
between 9 a.m. and 4 p.m., Monday barges during loading of the fireworks barges while the fireworks are
through Friday, except Federal holidays. pyrotechnics, during the transit of the loaded at the Tahoe Keys Marina,

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