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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 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), 
                    ( print page 8752)
                    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
 Executive Order 11964 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
 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