Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 44287-44288 [E9-20746]
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44287
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / 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:
ACTION:
Department of the Navy, DoD.
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 MEXICO
(SSN 779) 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 August 28,
2009 and is applicable beginning 20
August 2009.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Ted Cook,
(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 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 MEXICO (SSN 779) 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
height placement of the masthead light
above the hull; Annex I, paragraph 2(k),
pertaining to the height and relative
positions of the anchor lights; Annex I,
paragraph 3(b), pertaining to the
location of the sidelights; and Rule
21(c), pertaining to the location and arc
of visibility of the sternlight. 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:
■ A. In Table One by adding, in alpha
numerical order, by vessel number, an
entry for USS NEW MEXICO (SSN 779);
and
■ B. In Table Three by adding, in alpha
numerical order, by vessel number, an
entry for USS NEW MEXICO (SSN 779).
The additions read as follows:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
TABLE ONE
Vessel
Number
*
*
*
*
*
USS NEW MEXICO .............................................................................................................................................
*
SSN 779
*
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Distance in meters of
forward masthead
light below minimum
required height
§ 2(a)(i), Annex I
*
2.76
*
44288
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations
TABLE THREE
Number
Masthead
lights arc of
visibility;
rule 21(a)
Side lights
arc of
visibility;
rule 21(b)
*
*
USS NEW MEXICO .............. SSN 779
*
....................
....................
Vessel
*
*
*
*
*
*
*
section of
this document.
SUMMARY: The Department of Veterans
Affairs (VA) is amending its
adjudication regulations to establish a
presumption of service connection for
osteoporosis for former Prisoners of War
(POWs) who were detained or interned
for at least 30 days and whose
osteoporosis is at least 10 percent
disabling. The amendment implements
a decision by the Secretary to establish
such a presumption based on scientific
studies.
VA is additionally amending its
adjudication regulations to establish a
presumption of service connection for
osteoporosis for POWs who were
detained or interned for any period of
time, have a diagnosis of posttraumatic
stress disorder (PTSD), and whose
osteoporosis is at least 10 percent
disabling. This amendment reflects
statutory provisions of the Veterans’
Benefits Improvement Act of 2008.
DATES: Effective Dates: September 28,
2009.
Applicability Dates: For information
concerning the dates of applicability for
certain provisions, see the
38 CFR 3.309(c)(2)
The commenter stated that the
proposed rule creating a presumption of
service connection for POWs for
osteoporosis does not eliminate the
possibility that service connection may
be denied under 38 CFR 3.307(d),
Rebuttal of service incurrence or
aggravation. Section 3.307(d) states that
a presumption may be rebutted if the
evidence is of the nature that would, in
‘‘sound medical reasoning and in
consideration of all evidence of record,
support a conclusion that the disease
was not incurred in service.’’ The
commenter stated that, for example, if a
veteran who was a POW claimed service
connection for osteoporosis and also
used corticosteroids, VA could deny the
veteran’s claim under § 3.307(d) based
on medical treatises that state that
osteoporosis is a common problem
associated with corticosteroids. The
commenter stated that the rule ‘‘seems
to be another example of the Secretary
offering to grant service connection
knowing that he will never have to
actually [sic] do so.’’ The commenter
38 CFR Part 3
RIN 2900–AN16
Presumption of Service Connection for
Osteoporosis for Former Prisoners of
War
AGENCY:
ACTION:
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Fmt 4700
Anchor
lights
relationship
of aft light to
forward light
in meters
2(K) annex
1
*
11.05
2.8
*
0.30 below.
*
Department of Veterans Affairs.
Final rule.
DEPARTMENT OF VETERANS
AFFAIRS
Forward
anchor light,
height
above hull
in meters;
2(K) annex
1
4.37
FOR FURTHER INFORMATION CONTACT:
Thomas J. Kniffen, Chief, Regulations
Staff (211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9725.
SUPPLEMENTARY INFORMATION: On
January 14, 2009, VA published a
proposal in the Federal Register (74 FR
2016) to amend VA’s regulations at 38
CFR 3.309(c)(2) to establish a
presumption of service connection for
osteoporosis for POWs who were
detained or interned for at least 30 days
and whose osteoporosis is at least 10
percent disabling. Interested persons
were invited to submit written
comments on or before February 13,
2009. We received one comment based
on the proposed rule.
BILLING CODE 3810–FF–P
Stern light,
distance
forward of
stern in
meters; rule
21(c)
*
206.4°
SUPPLEMENTARY INFORMATION
Approved: August 20, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate General (Admiralty
and Maritime Law).
[FR Doc. E9–20746 Filed 8–27–09; 8:45 am]
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
Stern light
arc of
visibility;
rule 21(c)
Side lights
distance
inboard of
ship’s sides
in meters
3(b) annex
1
Sfmt 4700
*
*
inquires about whether VA will ‘‘grant
service connection for osteoporosis in a
veteran with a history of treatment with
corticosteroids.’’
As stated in the proposed rulemaking,
VA has established a policy to grant
presumptive service connection for
osteoporosis that is at least 10 percent
disabling for POWs detained or interned
for at least 30 days. We make no change
based on this comment because VA is
obligated to follow Congress’ directive
in 38 U.S.C. 1113, which is
implemented by 38 CFR 3.307(d), to
deny service connection ‘‘[w]here there
is affirmative evidence to the contrary,
or evidence to establish that an
intercurrent injury or disease which is
a recognized cause of any of the diseases
or disabilities within the purview of [38
U.S.C. 1112, 1116, 1117, or 1118], has
been suffered between the date of
separation from service and the onset of
any such diseases or disabilities, or the
disability is due to the veteran’s own
willful misconduct.’’ Additionally,
Congress has directed that ‘‘the
Secretary shall consider all information
and lay and medical evidence of record
in a case before the Secretary with
respect to benefits under laws
administered by the Secretary.’’ 38
U.S.C. 5107(a). VA, therefore, may not
ignore any evidence relevant to deciding
a claim.
However, we are making a change to
the proposed regulation text by adding
language specifying the date on which
the rule will be applicable to avoid
confusion with the amendment to 38
CFR 3.309(c)(1) discussed infra, which
implements section 106 of the Veterans
Benefits Improvement Act of 2008,
Public Law 110–389, 122 Stat. 4145,
4149. The amendment at 38 CFR
3.309(c)(2) applies to all applications for
benefits that are received by VA on or
after the effective date of September 28,
2009, or that were pending before VA,
the United States Court of Appeals for
Veterans Claims, or the United States
Court of Appeals for the Federal Circuit
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44287-44288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20746]
[[Page 44287]]
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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 NEW MEXICO (SSN 779) 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 August 28, 2009 and is applicable
beginning 20 August 2009.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook,
(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 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
MEXICO (SSN 779) 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
height placement of the masthead light above the hull; Annex I,
paragraph 2(k), pertaining to the height and relative positions of the
anchor lights; Annex I, paragraph 3(b), pertaining to the location of
the sidelights; and Rule 21(c), pertaining to the location and arc of
visibility of the sternlight. 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.
0
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
0
1. The authority citation for part 706 continues to read as follows:
Authority: 33 U.S.C. 1605.
0
2. Section 706.2 is amended as follows:
0
A. In Table One by adding, in alpha numerical order, by vessel number,
an entry for USS NEW MEXICO (SSN 779); and
0
B. In Table Three by adding, in alpha numerical order, by vessel
number, an entry for USS NEW MEXICO (SSN 779).
The additions read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
------------------------------------------------------------------------
Distance in meters
of forward masthead
light below minimum
Vessel Number required height Sec.
2(a)(i), Annex I
------------------------------------------------------------------------
* * * * * * *
USS NEW MEXICO......................... SSN 779 2.76
* * * * * * *
------------------------------------------------------------------------
* * * * *
[[Page 44288]]
Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forward Anchor
Side lights Stern anchor lights
Masthead Side lights Stern light distance light, light, relationship
lights arc arc of arc of inboard of distance height of aft light
Vessel Number of visibility; visibility; ship's forward of above hull to forward
visibility; rule 21(b) rule 21(c) sides in stern in in meters; light in
rule 21(a) meters 3(b) meters; 2(K) annex meters 2(K)
annex 1 rule 21(c) 1 annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS NEW MEXICO....................... SSN 779.............. ........... ........... 206.4[deg] 4.37 11.05 2.8 0.30 below.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Approved: August 20, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
[FR Doc. E9-20746 Filed 8-27-09; 8:45 am]
BILLING CODE 3810-FF-P
