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 35587-35588

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr24jn08-6

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 TRUXTUN (DDG 103) 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 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 TRUXTUN (DDG 103) 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 TRUXTUN (DDG 103):

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 TRUXTUN.......................... DDG 103................ 1.86 meters.

* * * * * * *

0 3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS TRUXTUN (DDG 103):

Sec. 706.2 Certifications of the Secretary of the Navy under

Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel

Number

Obstruction angle relative ship's headings

* * * * * * *

USS TRUXTUN.......................... DDG 103................ 110.02 thru 112.50 [degrees].

* * * * * * *

Page 35588

0 4. Table Five of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS TRUXTUN (DDG 103):

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

Number

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 TRUXTUN............................... DDG 103.....................

X

X

X

14.6

* * * * * * *

Approved: June 13, 2008.

M. Robb Hyde,

Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General

(Admiralty and Maritime Law).

FR Doc. E8-14196 Filed 6-23-08; 8:45 am

BILLING CODE 3810-FF-P