## 22319 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations

Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go
to: http://www.archives.gov/federal

_register/ code

_ of

_ federal

_regulations/ ibr

_ locations.html. Issued in Kansas City, Missouri on April 13, 2011. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–9429 Filed 4–20–11; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–1309; Directorate Identifier 2010–NM–060–AD; Amendment**  **39–16662; AD 2011–08–12]**

**RIN 2120–AA64**



### Airworthiness Directives; Airbus Model **A330–300, A340–200, and A340–300 Series Airplanes** 

**AGENCY** 

### : Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION** 

### : Final rule.

**SUMMARY** 

### : We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

Surface defects were visually detected on the rudder of one Airbus A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A330–300 and A340– 200/–300 aeroplanes.

An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.


### * * * * *

We are issuing this AD to require actions to correct the unsafe condition on these products.

**DATES** 

### : This AD becomes effective May 26, 2011.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 26, 2011.

**ADDRESSES** 

### : You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC.

**FOR FURTHER INFORMATION CONTACT** 

### : Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1138; fax (425) 227–1149.

**SUPPLEMENTARY INFORMATION** 

### :

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on January 13, 2011 (76 FR 2284). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

Surface defects were visually detected on the rudder of one Airbus A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A330–300 and A340– 200/–300 aeroplanes.

An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.

EASA AD 2009–0156 required inspections of specific areas and, depending on findings, the application of corrective actions for those rudders where production reworks have been identified.

This AD retains the requirements of EASA AD 2009–0156, which is superseded, and in addition requires for the vacuum loss hole restoration: —A local ultrasonic inspection for reinforced

area instead of the local thermographyinspection, which is maintained for nonreinforced areas, and —An additional work for aeroplanes on

which this thermography inspection has been performed in the reinforced area. 

### The inspections include vacuum loss inspections and repetitive elasticity laminate checker inspections for defects including de-bonding between the skin and honeycomb core of the rudder, and ultrasonic inspections for defects on rudders on which temporary restoration with resin or permanent vacuum loss hole restoration has been performed. The corrective action is repair, if necessary. You may obtain further information by examining the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information.

We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance

Currently, there are no affected airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the required actions would take about 21 work hours, at an average labor rate of $85 per work hour. Based on these figures, we estimate the cost of this AD to be $1,785 per airplane. Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘ Subtitle VII: Aviation Programs, ’’ describes in more detail the scope of the Agency’s authority.

We are issuing this rulemaking under the authority described in ‘‘ Subtitle VII, Part A, Subpart III, Section 44701: General requirements. ’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority


## 22320 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations

because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

1. Is not a ‘‘ significant regulatory action ’’ under Executive Order 12866;

2. Is not a ‘‘ significant rule ’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the **ADDRESSES** 

### section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

**PART 39—AIRWORTHINESS DIRECTIVES** 

■ 

### 1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

**§ 39.13 [Amended]**

■ 

### 2. The FAA amends § 39.13 by adding the following new AD:

2011–08–12 Airbus: Amendment 39–16662. Docket No. FAA–2010–1309; Directorate Identifier 2010–NM–060–AD. Effective Date (a) This airworthiness directive (AD) becomes effective May 26, 2011.

Affected ADs

(b) None.
Applicability

(c) This AD applies to Airbus Model A330– 301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes, Model A340–211, –212, and –213 airplanes; and Model A340– 311, –312, and –313 airplanes; all manufacturer serial numbers; certificated in any category; equipped with carbon fiber reinforced plastic rudders having part numbers and serial numbers listed in table 1 of this AD.



### T ABLE 

### 1—A FFECTED 

### R UDDERS

Rudder Part No. Rudder Serial No.

F554–70000–000–00 .............. TS–2013 F554–70000–000–00 .............. TS–2015 F554–70000–000–00 .............. TS–2016 F554–70000–000–00 .............. TS–2017 F554–70000–000–00 .............. TS–2018 F554–70000–000–00 .............. TS–2020 F554–70000–000–00 .............. TS–2021 F554–70000–000–00 .............. TS–2024 F554–70000–000–00 .............. TS–2026 F554–70000–000–00 .............. TS–2035 F554–70000–000–00 .............. TS–2036 F554–70000–000–00 .............. TS–2040 F554–70000–000–00 .............. TS–2042 F554–70000–000–00 .............. TS–2055 F554–70000–000–00 .............. TS–2056 F554–70000–000–00 .............. TS–2058 F554–70000–000–00 .............. TS–2059 F554–70000–000–00 .............. TS–2061 F554–70000–000–00 .............. TS–2062 F554–70000–000–00 .............. TS–2063 F554–70000–000–00 .............. TS–2065 F554–70000–002–00 .............. TS–2074 F554–71000–000–00 .............. TS–3003 F554–71000–000–00 .............. TS–3004 F554–71000–000–00 .............. TS–3005 F554–71000–000–00 .............. TS–3006 F554–71000–000–00 .............. TS–3007 F554–71000–000–00 .............. TS–3008 F554–71000–000–00 .............. TS–3011 F554–71000–000–00 .............. TS–3015 F554–71000–000–00 .............. TS–3033 F554–71000–000–00 .............. TS–3061 F554–71000–000–00 .............. TS–3064 F554–71000–000–00 .............. TS–3066 F554–71000–000–00 .............. TS–3071 F554–71000–000–00 .............. TS–3072 F554–71000–000–00 .............. TS–3075 F554–71000–000–00 .............. TS–3079 F554–71000–000–00 .............. TS–3084 F554–71000–000–00 .............. TS–3087 F554–70005–000–00 .............. TS–3100 F554–70005–000–00 .............. TS–3106 F554–70005–000–00 .............. TS–3107 F554–70005–000–00 .............. TS–3119 F554–70005–000–00 .............. TS–3124

Subject

(d) Air Transport Association (ATA) of America Code 55: Stabilizers. Reason (e) The mandatory continuing airworthiness information (MCAI) states:

Surface defects were visually detected on the rudder of one Airbus A319 and one A321 in-service aeroplane. Investigation has determined that the defects reported on both rudders corresponded to areas that had been reworked in production. The investigation confirmed that the defects were the result of de-bonding between the skin and honeycomb core. Such reworks were also performed on some rudders fitted on A330–300 and A340– 200/–300 aeroplanes.

An extended de-bonding, if not detected and corrected, may degrade the structural integrity of the rudder. The loss of the rudder leads to degradation of the handling qualities and reduces the controllability of the aeroplane.


### * * * * *
Compliance

(f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.

Actions

(g) Do the actions required by paragraphs (g)(1) through (g)(8) of this AD, in accordance with the Instructions of Airbus All Operators Telex (AOT) A330–55A3040 or A340– 55A4036, both Revision 02, both dated September 30, 2009, as applicable.

(1) In the reinforced location of the rudder: Within 1,800 flight hours after the rudder has accumulated 13,000 total flight cycles since first installation, or within 1,800 flight hours after the effective date of this AD, whichever is later, do a vacuum loss inspection to detect defects, including de-bonding between the skin and honeycomb core of the rudder.

(2) In the trailing edge location of the rudder: Within 21 months after the rudder has accumulated 13,000 total flight cycles since first installation, or within 21 months after the effective date of this AD, whichever is later, do an elasticity laminate checkerinspection to detect defects, including debonding between the skin and honeycomb core of the rudder. If no defects are found, repeat the inspection two times at intervals not to exceed 4,500 flight cycles, but not fewer than 4,000 flight cycles from the most recent inspection.

(3) In locations other than those identified in paragraphs (g)(1) and (g)(2) of this AD (e.g., lower rib, upper edge, leading edge, and other locations): Within 1,800 flight hours after the rudder has accumulated 13,000 total flight cycles since first installation, or within 1,800 flight hours after the effective date of this AD, whichever is later, do an elasticity laminate checker inspection to detect defects, including de-bonding between the skin and honeycomb core of the rudder. Repeat the inspection thereafter at intervals not to exceed 1,800 flight hours.

(4) If no defects are found during any inspection required by paragraph (g)(3) of this AD: Within 21 months after the rudder has accumulated 13,000 total flight cycles since first installation, or within 21 months after the effective date of this AD, whichever is later, do a vacuum loss inspection on the


## 22321 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations

other locations (e.g., lower rib, upper edge, leading edge, and other locations) to detect defects, including de-bonding between the skin and honeycomb core of the rudder.

(5) Accomplishment of the inspection required by paragraph (g)(4) of this AD terminates the initial and repetitive inspections required by paragraph (g)(3) of this AD.

(6) If any defect is found during any inspection required by this AD, before further flight, repair using a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency Airworthiness (EASA) (or its delegated agent).

(7) If no defects are found during any inspection required by paragraphs (g)(1) and (g)(4) of this AD, before further flight, restore the vacuum loss holes by doing a temporary restoration with self-adhesive patches, a temporary restoration with resin, or a permanent restoration. Do the applicable actions specified in paragraph (g)(7)(i) or (g)(7)(ii) of this AD.

(i) For airplanes on which a temporary restoration with patch is done: Within 900 flight hours after the restoration, do a detailed inspection for defects of the restored area and repeat the inspection thereafter at intervals not to exceed 900 flight hours until the permanent restoration is done. Do the permanent restoration within 21 months after the temporary restoration.

(ii) For airplanes on which a temporary restoration with resin is done: Within 21 months after doing the temporary restoration, do the permanent restoration.

(8) If any defect is found during any initial inspection required by paragraphs (g)(1), (g)(3), and (g)(4) of this AD, at the applicable time in paragraph (g)(8)(i) or (g)(8)(ii) of this AD: Report the inspection results to Airbus SAS, SEER1/SEER2/SEER3, Customer Services, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 (0) 5 61 93 28 73; or e-mail to region1.StructureRepairSupport@airbus.com, region2.StructureRepairSupport@airbus.com,

or region3.StructureRepairSupport@airbus.com.

(i) Inspections done before the effective date of this AD: Within 30 days after the effective date of this AD.

(ii) Inspections done on or after the effective date of this AD: Within 30 days after accomplishment of the inspection.
Credit for Actions Accomplished in Accordance With Previous Service Information

(h) Actions accomplished before the effective date of this AD in accordance with the service information identified in table 2 of this AD, are considered acceptable for compliance with the corresponding actions specified in paragraphs (g)(1) through (g)(5) and paragraph (g)(7) of this AD for only the areas inspected. For all areas, the repetitive inspections required by this AD remain applicable.



### T ABLE 

### 2—C REDIT 

### S ERVICE 

### I NFORMATION

Document Revision Date

Airbus AOT A330–55A3040 .................................................... Original .................................................................................... May 27, 2009. Airbus AOT A330–55A3040 .................................................... 01 ............................................................................................ July 8, 2009. Airbus AOT A340–55A4036 .................................................... Original .................................................................................... May 27, 2009. Airbus AOT A340–55A4036 .................................................... 01 ............................................................................................ July 8, 2009.

(i) For rudders on which temporary vacuum loss hole restoration with resin or permanent vacuum loss hole restoration has been done, as required by paragraph (g)(7) of this AD, in accordance with the applicable AOT in table 2 of this AD before the effective date of this AD: Within 21 months after the restoration date, or within 3 months after the effective date of this AD, whichever occurs later, do an ultrasonic inspection for defects, including debonding of the reinforced area, in accordance with the Instructions of Airbus AOT A330–55A3040 or A340–55A4036, both Revision 02, both dated September 30, 2009, as applicable. If any defect is found, before further flight, repair using a method approved by either the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the EASA (or its delegated agent).

(j) As of the effective date of this AD, no person may install any rudder identified in table 1 of this AD on any airplane, unless the rudder has been inspected and all applicable corrective actions have been done in accordance with paragraph (g) or (i) of this AD, as applicable.

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

(k) The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–1138; fax (425) 227–1149. Information may be e-mailed to: 9–ANM–116–AMOC–REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved.Corrective actions are considered FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200.

Related Information

(l) Refer to MCAI EASA Airworthiness Directive 2010–0021, dated February 9, 2010; and Airbus AOTs A330–55A3040 and A340– 55A4036, both Revision 02, both dated September 30, 2009; for related information.
Material Incorporated by Reference

(m) You must use Airbus All Operators Telex A330–55A3040, Revision 02, dated September 30, 2009, or Airbus All Operators Telex A340–55A4036, Revision 02, dated September 30, 2009; as applicable; to do the actions required by this AD, unless the AD specifies otherwise. (The document number, revision level, and date of these documents are indicated only on the first page of these documents.)

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) For service information identified in this AD, contact Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; e-mail airworthiness.A330–A340@airbus.com; Internet http://www.airbus.com.


## 22322 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations

(3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call
425–227–1221.

(4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go
to: http://www.archives.gov/federal

_register/ code

_ of

_ federal

_regulations/ ibr

_ locations.html. Issued in Renton, Washington, on April 4,
2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011–8668 Filed 4–20–11; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF HEALTH AND **HUMAN SERVICES**

**Food and Drug Administration**

**21 CFR Part 866**

**[Docket No. FDA–2010–N–0026]**



### Medical Devices; Immunology and **Microbiology Devices; Classification of Ovarian Adnexal Mass Assessment**  **Score Test System; Correction**

**AGENCY** 

### : Food and Drug Administration, HHS.

**ACTION** 

### : Final rule; correction.

**SUMMARY** 

### : The Food and Drug Administration (FDA) is correcting a final rule that appeared in the Federal Register of March 23, 2011 (76 FR 16292). The document announced the classifying of ovarian adnexal mass assessment score test system into class II (special controls). The document was published with an incorrect docket number. This document corrects that

error.

**DATES** 

### : Effective: April 22, 2011.

**FOR FURTHER INFORMATION CONTACT** 

### : Joyce Strong, Office of Policy, Planning and Budget, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 3208, Silver Spring, MD 20993–0002, 301–796–9148.

**SUPPLEMENTARY INFORMATION** 

### : In FR Doc. 2011–6620, appearing on page 16292, in the Federal Register of Wednesday, March 23, 2011, the following correction is made:

1. On page 16292, in the first column, in the Docket No. heading, ‘‘ [Docket No. FDA–2011–N–0026] ’’ is corrected to read ‘‘ [Docket No. FDA–2010–N–0026]. ’’ Dated: April 13, 2011. Leslie Kux, Acting Assistant Commissioner for Policy.
[FR Doc. 2011–9649 Filed 4–20–11; 8:45 am]

**BILLING CODE 4160–01–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**

**AGENCY** 

### : Department of the Navy, DoD.

**ACTION** 

### : Final rule; change.

**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 the conversion of several Navy vessels from ballistic missile submarines (SSBN) to guided missile submarines (SSGN). The Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that certain vessels of the SSGN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special function as naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

**DATES** 

### : This rule is effective April 21, 2011 and is applicable beginning April 13, 2011.

**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 OHIO (SSBN 726), USS MICHIGAN (SSBN 727), USS FLORIDA (SSBN 728), and USS GEROGIA (SSBN 729) are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with specific provisions of 72 COLREGS without interfering with their special function as naval ships. The vessels have been converted from SSBN’s to SSGN’s and this amendment will edit the classification of the vessels to accurately reflect their new designation as SSGN’s. This amendment does not change the vessels’ previously noted deviations from 72 COLREGS. 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 previous and unchanged technical findings that the placement of lights on these vessels in a manner differently from that prescribed herein will adversely affect the vessel’s ability to perform its military functions. Furthermore, this amendment merely changes the classification of these vessels and does not reflect any changes to the placement of lights on any of these vessels. 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 as follows:

■ 

### A. In Table One by amending, in alpha numerical order, by vessel number, the following entries for the SSBN Class; and

■ 

### B. In Table Three, by amending, in alpha numerical order, by vessel number, the following entries for the SSBN Class:

**§ 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and**  **33 U.S.C. 1605.**


### * * * * *

* * * * *