Navigation, COLREGS compliance exemptions: USS JIMMY CARTER,

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Federal Register: August 11, 2005 (Volume 70, Number 154)Rules and RegulationsPage 46758-46759From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11au05-7

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 JIMMY CARTER (SSN 23) 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: Effective Date: September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, 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 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 JIMMY CARTER (SSN 23) 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 21(c), pertaining to the location and arc of visibility of the sternlight; Annex I, section 2(a)(i), pertaining to the height of the masthead light; Annex I, section 2(k), pertaining to the height and relative positions of the anchor lights; and Annex I, section 3(b), pertaining to the location of the sidelights. The Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has also certified that the aforementioned lights 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, amend part 706 of title 32 of the Code of Federal Regulations as follows:

[Page 46759]PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

0 1. The authority citation for 32 CFR Part 706 continues to read:

Authority: 33 U.S.C. 1605.

0 2. Table One of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS JIMMY CARTER:

Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Distance in meters of forward masthead light below minimum Vessel

Number

required height Sec. 2(a)(i) Annex I

* * * * * * * USS JIMMY CARTER............... SSN 23...........

4.32

* * * * * * *

0 3. Table Three of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS JIMMY CARTER:

Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Table Three

Forward Masthead

Side lights Stern light, anchor

Anchor lights lights arc Side lights Stern light distance distance light, relationship of aft Vessel

Number

of

arc of

arc of inboard of forward of height above light to forward visibility; visibility; visibility; ship's sides stern in hull in light in meters 2(K) rule 21(a) rule 21(b) rule 21(c) in meters; meters; rule meters; 2(K)

annex 1 3(b) annex 1 21(c)

annex 1

* * * * * * * USS JIMMY CARTER

SSN 23............... ............ ............ 211[deg]

5.12

10.7

2.8 1.63 below.

* * * * * * *

Approved: September 21, 2004. G. A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).

Editorial Note: This document was received at the Office of the Federal Register August 8, 2005.

FR Doc. 05-15897 Filed 8-10-05; 8:45 amBILLING CODE 3810-FF-P

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