Navigation, COLREGS compliance exemptions: USS NORTH CAROLINA,

[Federal Register: November 9, 2007 (Volume 72, Number 217)]

[Rules and Regulations]

[Page 63485-63486]

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

[DOCID:fr09no07-7]

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 NORTH CAROLINA (SSN 777) 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 November 9, 2007 and is applicable to October 11, 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 NORTH CAROLINA (SSN 777) 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

[[Page 63486]]

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, amend 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 One of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS NORTH CAROLINA:

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 Vessel

Number

below minimum required height. Sec. 2(a)(i), Annex I

* * * * * * * USS NORTH CAROLINA............. SSN 777

2.90

* * * * * * *

0 3. Table Three of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS NORTH CAROLINA:

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

* * * * *

Table Three

Anchor lights Side lights

Stern light, Forward anchor relationship of Masthead lights Side lights arc of Stern light arc of distance inboard distance forward light, height aft light to Vessel

Number

arc of visibility; visibility; rule visibility; rule of ship's sides in of stern in

above hull in forward light in rule 21(a)

21(b)

21(c)

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

1

1

* * * * * * * USS NORTH CAROLINA............. SSN 777

Meets Requirement. Meets Requirement. 205.6[deg]......... 4.37.............. 11.05............. 2.8............... 0.30 below.

* * * * * * *

Approved: October 11, 2007. Gregg A. Cervi, Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E7-22008 Filed 11-8-07; 8:45 am]

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