6096 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

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 MOBILE BAY 

(CG 53) 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 8, 

2010 and is applicable beginning 

January 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

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 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 MOBILE BAY (CG 53) 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 3(a), 

pertaining to the horizontal distance 

between the forward and after masthead 

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, 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 in Table 

Five by revising the entry for USS 

MOBILE BAY (CG 53), to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel No. 

Masthead lights 

not over all other 

lights and obstructions. Annex I, 

Section 2(f) 

Forward masthead light not in 

forward quarter of 

ship. Annex I, 

section 3(a) 

After masthead 

light less than 1⁄2; 

ship’s length aft of 

forward masthead 

light. Annex I, 

Section 3(a) 

Percentage horizontal separation 

attained 

* * * * * * * 

USS MOBILE BAY .................................... CG 53 ............... .............................. X X 36.8 

* * * * * * * 

* * * * * 

Approved: January 28, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. 2010–2620 Filed 2–5–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

Security Zone; Escorted Vessels, 

Charleston, SC, Captain of the Port 

Zone 

CFR Correction 

In Title 33 of the Code of Federal 

Regulations, Parts 125 to 199, revised as 

of July 1, 2009, on page 722, add 

§ 165.769 to read as follows: 

§ 165.769 Security Zone; Escorted 

Vessels, Charleston, South Carolina, 

Captain of the Port 

(a) Definitions. The following 

definitions apply to this section: 

COTP means Captain of the Port 

Charleston, SC. 

Designated representatives means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and federal, state, 

and local officers designated by or 

assisting the COTP, in the enforcement 

of the security zone. 

Escorted vessel means a vessel, other 

than a large U.S. naval vessel as defined 

in 33 CFR 165.2015, that is 

accompanied by one or more Coast 

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