Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44287 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

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 and Maritime Law) 

has determined that USS NEW MEXICO 

(SSN 779) 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 

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 August 28, 

2009 and is applicable beginning 20 

August 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

(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 202– 

685–5040. 

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 and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS NEW MEXICO (SSN 779) 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 2(a)(i), pertaining to the 

height placement of the masthead light 

above the hull; Annex I, paragraph 2(k), 

pertaining to the height and relative 

positions of the anchor lights; Annex I, 

paragraph 3(b), pertaining to the 

location of the sidelights; and Rule 

21(c), pertaining to the location and arc 

of visibility of the sternlight. The 

Deputy Assistant Judge Advocate 

General (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, the Navy amends part 706 of 

title 32 of the Code of Federal 

Regulations 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 as 

follows: 

■ A. In Table One by adding, in alpha 

numerical order, by vessel number, an 

entry for USS NEW MEXICO (SSN 779); 

and 

■ B. In Table Three by adding, in alpha 

numerical order, by vessel number, an 

entry for USS NEW MEXICO (SSN 779). 

The additions read as follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE ONE

Vessel Number 

Distance in meters of 

forward masthead 

light below minimum 

required height 

§ 2(a)(i), Annex I 

* * * * * * * 

USS NEW MEXICO ............................................................................................................................................. SSN 779 2.76 

* * * * * * * 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES
44288 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

TABLE THREE

Vessel Number 

Masthead 

lights arc of 

visibility; 

rule 21(a) 

Side lights 

arc of 

visibility; 

rule 21(b) 

Stern light 

arc of 

visibility; 

rule 21(c) 

Side lights 

distance 

inboard of 

ship’s sides 

in meters 

3(b) annex 

1 

Stern light, 

distance 

forward of 

stern in 

meters; rule 

21(c) 

Forward 

anchor light, 

height 

above hull 

in meters; 

2(K) annex 

1 

Anchor 

lights 

relationship 

of aft light to 

forward light 

in meters 

2(K) annex 

1 

* * * * * * * 

USS NEW MEXICO .............. SSN 779 .................... .................... 206.4° 4.37 11.05 2.8 0.30 below. 

* * * * * * * 

* * * * * 

Approved: August 20, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. E9–20746 Filed 8–27–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN16 

Presumption of Service Connection for 

Osteoporosis for Former Prisoners of 

War 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its 

adjudication regulations to establish a 

presumption of service connection for 

osteoporosis for former Prisoners of War 

(POWs) who were detained or interned 

for at least 30 days and whose 

osteoporosis is at least 10 percent 

disabling. The amendment implements 

a decision by the Secretary to establish 

such a presumption based on scientific 

studies. 

VA is additionally amending its 

adjudication regulations to establish a 

presumption of service connection for 

osteoporosis for POWs who were 

detained or interned for any period of 

time, have a diagnosis of posttraumatic 

stress disorder (PTSD), and whose 

osteoporosis is at least 10 percent 

disabling. This amendment reflects 

statutory provisions of the Veterans’ 

Benefits Improvement Act of 2008. 

DATES: Effective Dates: September 28, 

2009. 

Applicability Dates: For information 

concerning the dates of applicability for 

certain provisions, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725. 

SUPPLEMENTARY INFORMATION: On 

January 14, 2009, VA published a 

proposal in the Federal Register (74 FR 

2016) to amend VA’s regulations at 38 

CFR 3.309(c)(2) to establish a 

presumption of service connection for 

osteoporosis for POWs who were 

detained or interned for at least 30 days 

and whose osteoporosis is at least 10 

percent disabling. Interested persons 

were invited to submit written 

comments on or before February 13, 

2009. We received one comment based 

on the proposed rule. 

38 CFR 3.309(c)(2) 

The commenter stated that the 

proposed rule creating a presumption of 

service connection for POWs for 

osteoporosis does not eliminate the 

possibility that service connection may 

be denied under 38 CFR 3.307(d), 

Rebuttal of service incurrence or 

aggravation. Section 3.307(d) states that 

a presumption may be rebutted if the 

evidence is of the nature that would, in 

‘‘sound medical reasoning and in 

consideration of all evidence of record, 

support a conclusion that the disease 

was not incurred in service.’’ The 

commenter stated that, for example, if a 

veteran who was a POW claimed service 

connection for osteoporosis and also 

used corticosteroids, VA could deny the 

veteran’s claim under § 3.307(d) based 

on medical treatises that state that 

osteoporosis is a common problem 

associated with corticosteroids. The 

commenter stated that the rule ‘‘seems 

to be another example of the Secretary 

offering to grant service connection 

knowing that he will never have to 

actually [sic] do so.’’ The commenter 

inquires about whether VA will ‘‘grant 

service connection for osteoporosis in a 

veteran with a history of treatment with 

corticosteroids.’’ 

As stated in the proposed rulemaking, 

VA has established a policy to grant 

presumptive service connection for 

osteoporosis that is at least 10 percent 

disabling for POWs detained or interned 

for at least 30 days. We make no change 

based on this comment because VA is 

obligated to follow Congress’ directive 

in 38 U.S.C. 1113, which is 

implemented by 38 CFR 3.307(d), to 

deny service connection ‘‘[w]here there 

is affirmative evidence to the contrary, 

or evidence to establish that an 

intercurrent injury or disease which is 

a recognized cause of any of the diseases 

or disabilities within the purview of [38 

U.S.C. 1112, 1116, 1117, or 1118], has 

been suffered between the date of 

separation from service and the onset of 

any such diseases or disabilities, or the 

disability is due to the veteran’s own 

willful misconduct.’’ Additionally, 

Congress has directed that ‘‘the 

Secretary shall consider all information 

and lay and medical evidence of record 

in a case before the Secretary with 

respect to benefits under laws 

administered by the Secretary.’’ 38 

U.S.C. 5107(a). VA, therefore, may not 

ignore any evidence relevant to deciding 

a claim. 

However, we are making a change to 

the proposed regulation text by adding 

language specifying the date on which 

the rule will be applicable to avoid 

confusion with the amendment to 38 

CFR 3.309(c)(1) discussed infra, which 

implements section 106 of the Veterans 

Benefits Improvement Act of 2008, 

Public Law 110–389, 122 Stat. 4145, 

4149. The amendment at 38 CFR 

3.309(c)(2) applies to all applications for 

benefits that are received by VA on or 

after the effective date of September 28, 

2009, or that were pending before VA, 

the United States Court of Appeals for 

Veterans Claims, or the United States 

Court of Appeals for the Federal Circuit 


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