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 Department of Defense Department of the Navy 32 CFR Part 706
 AGENCY: Department of the Navy, DoD.
 ACTION: Final rule.
 SUMMARY: The Department of the Navy (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS ANTIETAM (CG 54) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 
                        ( print page 72686)
                        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.
 DATES: This rule is effective November 26, 2010 and is applicable beginning November 17, 2010.
 FOR FURTHER INFORMATION CONTACT: Lieutenant Jaewon Choi, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-5066, 
                        *telephone number:*
                         202-685-5040.


SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR Part 706. This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS ANTIETAM (CG 54) 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 horizontal distance between the forward and after masthead lights. The DAJAG (Admiralty and Maritime Law) 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
 For the reasons set forth in the preamble, amend part 706 of title 32 of the CFR as follows: PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972
 1.The authority citation for part 706 continues to read as follows: Authority:
                        33 U.S.C. 1605. 2.Section 706.2 is amended in Table Five, by revising, in alpha numerical order, by vessel number, an entry for USS ANTIETAM (CG 54): § 706.2
 Executive Order 11964 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 ANTIETAM
CG 54

X
X
36.8*         *         *         *         *         *         *
 Approved: November 17, 2010. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: November 18, 2010. D.J. Werner, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.


[FR Doc. 2010-29771 Filed 11-24-10; 8:45 am] BILLING CODE 3810-FF-P