Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 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 INDEPENDENCE (LCS 2) 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 June 22, 2009 and is applicable beginning June 11, 2009.
 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 INDEPENDENCE (LCS 2) 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 (a)(i), pertaining to the location of the forward masthead light at a height not less than 12 meters above the hull; 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; Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 3(c), pertaining to the task light's horizontal distance from the fore and aft centerline of the vessel in the athwartship direction; and Rule 21(a), pertaining to the arc of visibility of the aft masthead light. 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 as follows: ( print page 29421) A. In Table One by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); B. In Table Four, Paragraph 15 by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); C. In Table Four, Paragraph 16 by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); and D. In Table Five by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2). The additions read as follows: § 706.2
 Executive Order 11964 33 U.S.C. 1605
 
 Table One
Vessel
Number
Distance in meters of forward masthead light below minimum required height.
                                     § 2(a)(i) Annex I*         *         *         *         *         *         *USS INDEPENDENCE
LCS 2
4.91*         *         *         *         *         *         *
 
 Table Four 
 15. * * * Vessel
Number
Horizontal distance from the fore and aft centerline of the vessel in the athwart-ship 
                                     direction*         *         *         *         *         *         *USS INDEPENDENCE
LCS 2
1.31 meters.*         *         *         *         *         *         *
 
 16. * * * Vessel
Number
Obstruction angle relative ship's 
                                     headings*         *         *         *         *         *         *USS INDEPENDENCE
LCS 2
71° thru 73°.76° thru 78°.287° thru 289°.*         *         *         *         *         *         *
 
 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 INDEPENDENCE
LCS 2

X
X
18.8*         *         *         *         *         *         *
 Approved: June 11, 2009. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).


[FR Doc. E9-14526 Filed 6-19-09; 8:45 am] BILLING CODE 3810-FF-P