Certifications and Exemptions under the International Regulations Preventing Collisions at Sea (1972)

Federal Register: July 8, 2008 (Volume 73, Number 131)

Rules and Regulations

Page 38921-38922

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

DOCID:fr08jy08-15

Page 38921

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 HAMPSHIRE (SSN 778) 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 July 8, 2008 and is applicable beginning

June 27, 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 NEW

HAMPSHIRE (SSN 778) 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, 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. Section 706.2 is amended as follows:

A. In Table One by adding, in numerical order, the following entry for USS NEW HAMPSHIRE (SSN 778); and

B. In Table Three by adding, in numerical order, the following entry for USS NEW HAMPSHIRE (SSN 778):

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 HAMPSHIRE.............. SSN 778..........

2.90

* * * * * * *

* * * * *

Table Three

Forward

Anchor lights

Side lights Stern light,

anchor

relationship

Masthead lights Side lights arc Stern light distance

distance

light,

of aft light

Vessel

No.

arc of

of visibility;

arc of

inboard of forward of height above to forward visibility;

rule 21(b)

visibility; ship's sides stern in

hull in

light in rule 21(a)

rule 21(c)

in meters meters; rule meters; 2(K) meters 2(K) 3(b) annex 1

21(c)

annex 1

annex 1

* * * * * * *

USS NEW HAMPSHIRE............ SSN 778........ Meets

Meets

205.6[deg]

4.37

11.05

2.8 0.30 below.

Requirement.

Requirement.

Page 38922

* * * * * * *

Approved: June 27, 2008.

M. Robb Hyde,

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

(Admiralty and Maritime Law).

FR Doc. E8-15401 Filed 7-7-08; 8:45 am

BILLING CODE 3810-FF-P