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

Federal Register: August 24, 2009 (Volume 74, Number 162)

Rules and Regulations

Page 42604-42605

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

DOCID:fr24au09-7

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 PROVIDENCE (SSN 719) 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 August 24, 2009 and is applicable beginning August 13, 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

PROVIDENCE (SSN 719) 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: Rule 21(a), pertaining to the placement of the masthead light on the ship's fore and aft centerline. 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: 0

1. In Table Two by adding, in alpha numerical order by vessel number, an entry for USS PROVIDENCE (SSN 719);

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.

* * * * *

Page 42605

Table Two

Forward

AFT anchor

Side

Side

Masthead

anchor

light,

Side

lights,

lights, lights

light,

Forward distance

lights, distance distance distance distance

anchor

below

AFT anchor distance

forward inboard of to stbd of

below

light,

flight dk light,

below

masthead

ship's

Vessel

Number

keel in flight dk number of; in meters; number of; flight dk light in sides in meters; in meters;

Rule

Rule

Rule

in meters; meters;

meters;

Rule 21

Sec.

30(a)(i)

21(e),

30(a)(ii)

Sec.

Sec.

Sec.

(a)

2(K),

Rule

2(g),

3(b),

3(b),

Annex I

30(a)(ii)

Annex I

Annex I

Annex I

* * * * * * *

USS PROVIDENCE..................... SSN 719............

0.41

X

X

X

X

X

X

X

* * * * * * *

* * * * *

Approved: August 13, 2009.

C.J. Spain,

Deputy Assistant Judge Advocate General (Admiralty and Maritime Law),

Acting.

FR Doc. E9-20280 Filed 8-21-09; 8:45 am

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