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

Federal Register: June 22, 2009 (Volume 74, Number 118)

Rules and Regulations

Page 29420-29422

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

DOCID:fr22jn09-3

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 INDEPENDENCE (LCS 2) 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 22, 2009 and is applicable beginning

June 11, 2009.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, JAGC,

U.S. Navy, Admiralty Attorney, (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

INDEPENDENCE (LCS 2) 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 location of the forward masthead light at a height not less than 12 meters above the hull; 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; 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 3(c), pertaining to the task light's horizontal distance from the fore and aft centerline of the vessel in the athwartship direction; and Rule 21(a), pertaining to the arc of visibility of the aft masthead light. 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, the Navy amends 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 follows:

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

Page 29421

0

A. In Table One by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); 0

B. In Table Four, Paragraph 15 by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); 0

C. In Table Four, Paragraph 16 by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2); and 0

D. In Table Five by adding, in alpha numerical order by vessel number, an entry for USS INDEPENDENCE (LCS 2). 0

The additions read as follows:

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 INDEPENDENCE............... LCS 2............

4.91

* * * * * * *

* * * * *

Table Four

* * * * * 15. * * *

Horizontal distance from the fore and aft

Vessel

Number

centerline of the vessel in the athwart-ship direction

* * * * * * *

USS INDEPENDENCE............. LCS 2.......... 1.31 meters.

* * * * * * *

* * * * * 16. * * *

Obstruction angle

Vessel

Number

relative ship's headings

* * * * * * *

USS INDEPENDENCE............. LCS 2.......... 71[deg] thru 73[deg]. 76[deg] thru 78[deg]. 287[deg] thru 289[deg].

* * * * * * *

* * * * *

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 INDEPENDENCE....................................

LCS ..................

X

X

18.8

* * * * * * *

Page 29422

* * * * *

Approved: June 11, 2009.

M. Robb Hyde,

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

(Admiralty and Maritime Law).

FR Doc. E9-14526 Filed 6-19-09; 8:45 am

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