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

Federal Register: February 26, 2009 (Volume 74, Number 37)

Rules and Regulations

Page 8751-8753

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

DOCID:fr26fe09-22

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 DEWEY (DDG 105) 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 February 26, 2009 and is applicable beginning February 11, 2009.

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 number: 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 DEWEY

(DDG 105) 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),

Page 8752

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 as follow:

Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended as follows: 0

A. In Table Four, Paragraph 15 by adding, in numerical order, the following entry for USS DEWEY (DDG 105): 0

B. In Table Four, Paragraph 16 by adding, in numerical order, the following entry for USS DEWEY (DDG 105): 0

C. In Table Five by adding, in numerical order, the following entry for

USS DEWEY (DDG 105):

Sec. 706.2 Certifications of the Secretary of the Navy under

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

* * * * *

Table Four

* * * * * 15. * * *

Horizontal distance from the fore and aft

Vessel

Number

centerline of the vessel in the athwartship direction

* * * * * * *

USS DEWEY............................ DDG 105................ 1.85 meters.

* * * * * * *

16. * * *

Vessel

Number

Obstruction angle relative ship's headings

* * * * * * *

USS DEWEY............................ DDG 105................ 109.52 thru 112.50 [degrees].

* * * * * * *

* * * * *

Table Five

After masthead

Masthead lights

Forward

light less than not over all masthead light

\1/2\ ship's

Percentage other lights not in forward length aft of

horizontal

Vessel

Number

and

quarter of

forward

separation obstructions. ship. Annex I, masthead light.

attained

Annex I, sec.

sec. 3(a)

Annex I, sec. 2(f)

3(a)

* * * * * * *

USS DEWEY....................................... DDG 105...........................

X

X

X

14.5

Page 8753

Approved: February 11, 2009.

M. Robb Hyde,

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

(Admiralty and Maritime Law).

FR Doc. E9-4095 Filed 2-25-09; 8:45 am

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