Navigation, COLREGS compliance exemptions: USS NIMITZ,

[Federal Register: October 23, 2001 (Volume 66, Number 205)]

[Rules and Regulations]

[Page 53529]

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

[DOCID:fr23oc01-9]

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment

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), acting pursuant to authority delegated from the Secretary of the Navy: has determined that USS NIMITZ (CVN 68) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with certain provisions of the 72 COLREGS without interfering with its special functions as a naval aircraft carrier. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: June 8, 2001.

FOR FURTHER INFORMATION CONTACT: Captain Richard T. Evans, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Department of the Navy, Office of the Judge Advocate General, 1322 Patterson Avenue, Suite 3000, SE, Washington Navy Yard, DC 20374, 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. The Secretary of the Navy previously certified that USS NIMITZ (CVN 68) is a vessel of the Navy which, due to its special construction and purpose, cannot fully with 72 COLREGS. 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 amended that certification to reflect that certain anchor lights on USS NIMITZ (CVN 68), previously certified as not in compliance with 72 COLREGS, now comply with the applicable 72 COLREGS requirements, to wit: the forward and aft anchor lights are now located on the centerline of the ship, the required height above the hull, as required by Rules 21(e), 30(a)(i), and 30 (a)(ii).

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.

PART 706--[AMENDED]

Accordingly, 32 CFR Part 706 is amended as follows:

  1. The authority citation for Part 706 continues to read:

    Authority: 33 U.S.C. 1605.

    Sec. 706.2 [AMENDED]

  2. Table Two of Sec. 706.2 is amended by revising the entry for USS NIMITZ (CVN 68):

    Table 2

    Forward

    Side lights, anchor

    AFT anchor

    Side lights, distance Side lights, Masthead light,

    Forward light, AFT anchor distance forward of distance lights, distance anchor distance light, below flight forward inboard of Vessel

    Number distance to below flight light, below flight number of; dk in masthead ship's sides stbd of keel dk in number of; dk in Rule 30(a) meters; Sec. light in in meters; in meters; meters; Sec. Rule 30(a) meters; Rule (ii) 2(g), Annex meters; Sec. Sec. 3(b), Rule 21(a) 2(K), Annex (i) 21(e), Rule

    I

    3(b), Annex Annex I I

    30(a)(ii)

    I

    USS NIMITZ........................................................

    CVN 68 31.0 ............ ............ ............ ............

    0.7 ............ ............

    Dated: June 8, 2001. Richard T. Evans, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).

    [FR Doc. 01-26643Filed10-22-01; 8:45 am]

    BILLING CODE 3810-FF-P

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