Navigation, COLREGS compliance exemptions: USS MESA VERDE,

[Federal Register: March 9, 2007 (Volume 72, Number 46)]

[Rules and Regulations]

[Page 10603-10605]

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

[DOCID:fr09mr07-8]

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 MESA VERDE (LPD 19) 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: Effective Date: February 6, 2007.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, 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 MESA VERDE (LPD 19) 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 27, pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a),

[[Page 10604]]

pertaining to the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k), pertaining to the vertical separation between anchor lights. 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 different 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 Department 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:

Authority: 33 U.S.C. 1605.

0 2. Table Three of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS MESA VERDE:

Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Table Three

Forward Side lights Stern

anchor Masthead Side lights Stern light distance light, light, Anchor lights relation- lights arc arc of arc of inboard of distance height ship of aft light to Vessel

No.

of visibility; visibility; ship's forward of above hull forward light in meters visibility; rule 21(b) rule 21(c) sides in stern in in meters;

2(K) annex 1 rule 21(a)

meters 3(b) meters; 2(K) annex annex 1 rule 21(c) 1

* * * * * * * USS MESA VERDE.................... LPD 19 ........... ........... ........... ........... ........... ........... 1.42m below.

* * * * * * *

0 3. Table Four, in Paragraph 20 of Sec. 706.2, is amended by adding, in numerical order, the following entry for USS MESA VERDE (LPD 19):

Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Angle in degrees of task lights off Vessel

No.

vertical as viewed from directly ahead or astern

USS MESA VERDE..................... LPD 19................

10

0 4. Table Five of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS MESA VERDE:

Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Table Five

After mast- Masthead Forward head light lights not masthead less than over all light not \1/2\ ship's Percentage Vessel

No. other lights in forward length aft horizontal and

quarter of of forward separation obstructions. ship. Annex masthead attained Annex I, sec. I, sec. light. Annex 2(f)

3(a) I, sec. 3(a)

* * * * * * * USS MESA VERDE............................. LPD 19 ............. ...........

X

70.9

* * * * * * *

[[Page 10605]]

Approved: February 6, 2007. Gregg A. Cervi, Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).

[FR Doc. E7-4254 Filed 3-8-07; 8:45 am]

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