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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 NEW YORK (LPD 21) 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 April 28, 2009 and is applicable beginning April 15, 2009.
 FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, JAGC, U.S. Navy, Deputy Assistant Judge Advocate 
                        ( print page 19133)
                        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 NEW YORK (LPD 21) 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: Rule 27, pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k), pertaining to the vertical separation between anchor lights. 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 follows: Authority:
                        33 U.S.C. 1605. 2.Section 706.2 is amended as follows: A. In Table Three, by adding, in alphanumerical order by vessel number, the following entry for USS NEW YORK (LPD 21): B. In Table Four, Paragraph 20 by adding, in alphanumerical order by vessel number, the following entry for USS NEW YORK (LPD 21): C. In Table Five, by adding, in alphanumerical order by vessel number, the following entry for USS NEW YORK (LPD 21): § 706.2
 Executive Order 11964 33 U.S.C. 1605
 
 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 YORK
LPD 21






1.75m below.*         *         *         *         *         *         *
 
 Table Four 
 20. * * * Vessel
Number
Angle in degrees of task lights off vertical as viewed from directly ahead or astern*         *         *         *         *         *         *USS NEW YORK
LPD21
10
 
 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 NEW YORK
LPD 21


X
71.0*         *         *         *         *         *         *
 M. Robb Hyde, *Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).* Dated: April 22, 2009. A.M. Vallandingham, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.


[FR Doc. E9-9618 Filed 4-27-09; 8:45 am] BILLING CODE 3810-FF-P