Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea (1972)
Federal Register: June 24, 2008 (Volume 73, Number 122)
Rules and Regulations
Page 35585-35587
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr24jn08-5
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 STOCKDALE (DDG 106) 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 24, 2008 and is applicable beginning 13 June 2008.
FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, 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
Page 35586
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 STOCKDALE (DDG 106) 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(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task lights; 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; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship in the athwartship direction. 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, 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 0 1. The authority citation for part 706 continues to read:
Authority: 33 U.S.C. 1605. 0 2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Horizontal distance from the fore and aft
Vessel
Number
centerline of the vessel in the athwartship direction
* * * * * *
USS STOCKDALE........................ DDG 106................ 1.90 meters.
* * * * * *
0 3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Obstruction angle relative ship's headings
Vessel
Number
(degrees)
* * * * * *
USS STOCKDALE........................ DDG 106................ 107.08 thru 112.50.
* * * * * * *
0 4. Table Five of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Five
After masthead
Masthead lights
Forward masthead light less than \1/
Percentage not over all other
light not in
2\ ship's length
horizontal
Vessel
No.
lights and
forward quarter of aft of forward
separation obstructions.
ship. Annex I,
masthead light.
attained
Annex I, sec. 2(f)
sec. 3(a)
Annex I, sec. 3(a)
* * * * * * *
USS STOCKDALE.......................................
DDG 106
X
X
X
14.5
* * * * * * *
Page 35587
Approved: June 13, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
FR Doc. E8-14195 Filed 6-23-08; 8:45 am
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