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

Federal Register: August 28, 2009 (Volume 74, Number 166)

Rules and Regulations

Page 44287-44288

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

DOCID:fr28au09-7

Page 44287

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 MEXICO (SSN 779) 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 28, 2009 and is applicable beginning 20 August 2009.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook,

(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

MEXICO (SSN 779) 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, 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

A. In Table One by adding, in alpha numerical order, by vessel number, an entry for USS NEW MEXICO (SSN 779); and 0

B. In Table Three by adding, in alpha numerical order, by vessel number, an entry for USS NEW MEXICO (SSN 779).

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 NEW MEXICO.........................

SSN 779

2.76

* * * * * * *

* * * * *

Page 44288

Table Three

Forward

Anchor

Side lights

Stern

anchor

lights

Masthead Side lights Stern light distance

light,

light, relationship lights arc

arc of

arc of

inboard of distance

height of aft light

Vessel

Number

of

visibility; visibility;

ship's

forward of above hull to forward visibility; rule 21(b) rule 21(c) sides in

stern in in meters; light in rule 21(a)

meters 3(b) meters;

2(K) annex meters 2(K) annex 1

rule 21(c)

1

annex 1

* * * * * * *

USS NEW MEXICO....................... SSN 779.............. ........... ........... 206.4[deg]

4.37

11.05

2.8 0.30 below.

* * * * * * *

* * * * *

Approved: August 20, 2009.

M. Robb Hyde,

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

(Admiralty and Maritime Law).

FR Doc. E9-20746 Filed 8-27-09; 8:45 am

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