Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8751 

following entry for USS WAYNE E. 

MEYER (DDG 108): 

■ B. In Table Four, Paragraph 16 by 

adding, in numerical order, the 

following entry for USS WAYNE E. 

MEYER (DDG 108): 

■ C. In Table Five, by adding, in 

numerical order, the following entry for 

USS WAYNE E. MEYER (DDG 108): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Table Four 

* * * * * 

15. * * * 

Vessel Number 

Horizontal distance from the fore 

and aft centerline of the vessel in 

the athwartship direction 

* * * * * * * 

USS WAYNE E. MEYER ............................................. DDG 108 ...................................................................... 1.84 meters. 

16. * * * 

Vessel Number Obstruction angle relative ship’s 

headings 

* * * * * * * 

USS WAYNE E. MEYER ............................................. DDG 108 ...................................................................... 106.71 thru 112.50 [degrees]. 

* * * * * * * 

* * * * * 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 WAYNE E. MEYER .................. DDG 108 ........................................... X X X 14.5 

* * * * * * * 

Approved: February 11, 2009. 

M. Robb Hyde 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. E9–4094 Filed 2–25–09; 8:45 am] 

BILLING CODE 3810–FF–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. 

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 DEWEY (DDG 

105) 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 February 

26, 2009 and is applicable beginning 

February 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Commander M. Robb Hyde, JAGC, U.S. 

Navy, Deputy Assistant Judge Advocate 

General (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 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 DEWEY (DDG 105) 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(f)(i), 

8752 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

pertaining to the placement of the 

masthead light or lights above and clear 

of all other lights and obstructions; 

Annex I, paragraph 2(f)(ii), pertaining to 

the vertical placement of task lights; 

Annex I, paragraph 3(a), pertaining to 

the location of the forward masthead 

light in the forward quarter of the ship, 

and the horizontal distance between the 

forward and after masthead lights; and 

Annex I, paragraph 3(c), pertaining to 

placement of task lights not less than 

two meters from the fore and aft 

centerline of the ship in the athwartship 

direction. 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, amend 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 follow: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Four, Paragraph 15 by 

adding, in numerical order, the 

following entry for USS DEWEY (DDG 

105): 

■ B. In Table Four, Paragraph 16 by 

adding, in numerical order, the 

following entry for USS DEWEY (DDG 

105): 

■ C. In Table Five by adding, in 

numerical order, the following entry for 

USS DEWEY (DDG 105): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Table Four 

* * * * * 

15. * * * 

Vessel Number 

Horizontal distance from the fore 

and aft centerline of the vessel in 

the athwartship direction 

* * * * * * * 

USS DEWEY ............................................................... DDG 105 ...................................................................... 1.85 meters. 

* * * * * * * 

16. * * * 

Vessel Number Obstruction angle relative ship’s 

headings 

* * * * * * * 

USS DEWEY ............................................................... DDG 105 ...................................................................... 109.52 thru 112.50 [degrees]. 

* * * * * * * 

* * * * * 

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 DEWEY ..................................... DDG 105 ........................................... X X X 14.5 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8753 

Approved: February 11, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. E9–4095 Filed 2–25–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0129] 

RIN 1625–AA00 

Safety Zone; Baltimore Captain of the 

Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. The temporary 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Baltimore, or his designated 

representative. This safety zone is 

necessary to protect mariners from the 

hazards associated with ice in the 

navigable waterway. 

DATES: This rule is effective from 

January 17, 2009 until April 15, 2009. 

Comments and related material must 

either be submitted to our online docket 

via http://www.regulations.gov on or 

before March 30, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0129 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call Ronald L. Houck, 

Waterways Management Division, at 

410–576–2674 or 2693. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting comments: 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0129), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0129’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change this rule based on your 

comments. 

Viewing comments and documents: 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–0129 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey Avenue 

SE., Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays; or the 

Commander, U. S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Baltimore, Maryland, 

21226–1791, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest. 

Immediate action is needed to mitigate 

the potential safety hazards associated 

with ice in the navigable waterway to 

life and property. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30