Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea (1972): USS CARL VINSON

Federal Register: May 26, 2009 (Volume 74, Number 99)

Rules and Regulations

Page 24695-24696

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

DOCID:fr26my09-2

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) of the

Navy has determined that USS Carl Vinson (CVN 70) 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 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 May 26, 2009 and is applicable beginning

May 14, 2009.

FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, 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 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 Carl Vinson

(CVN 70) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with 72 COLREGS. This amendment provides notice that the Deputy Assistant Judge Advocate General

(Admiralty and Maritime Law) of the Navy, under authority delegated by the Secretary of the Navy, has amended that certification to reflect that the forward and aft anchor lights on USS Carl Vinson (CVN 70), previously certified as not in compliance with 72 COLREGS, now comply with the applicable 72 COLREGS requirements, to wit: The two forward and the two aft anchor lights located below the flight deck were removed and replaced by one single forward and one single aft anchor light above the hull and near ship's fore-aft centerline, as required by Rules 21(a), 21(e), 30(a)(i), 30(a)(ii) and Annex 1, Section 2(g).

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 32 CFR part 706 continues to read as follows:

Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended in Table Two by revising the entry for USS

CARL VINSON (CVN 70) to read as follows:

Page 24696

Sec. 706.2 Certifications of the Secretary of the Navy under

Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Side

Forward

AFT anchor

Side

lights,

Side

Masthead

anchor

Forward

light,

lights,

distance

lights, lights,

light,

anchor

distance

AFT anchor distance forward of distance distance to distance

light,

below

light,

below

forward

inboard of

Vessel

Number

stbd of

below

number of; flight dk number of; flight dk

masthead

ship's keel in

flight dk

Rule

in meters;

Rule

in meters; light in

sides in meters;

in meters; 30(a)(i) Rule 21(e), 30(a)(ii)

Sec. 2

meters;

meters;

Rule 21(a)

Sec.

Rule

(g), Annex

Sec.

Sec. 2(K), Annex

30(a)(ii)

I

3(b), Annex 3(b), Annex

I----------------------------------------------------------------I------------I-----

* * * * * * *

USS CARL VINSON....................

CVN-70

30.1 ...........

1 ...........

1

0.53 ........... ...........

* * * * * * *

* * * * *

Approved: May 14, 2009.

M. Robb Hyde,

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

(Admiralty and Maritime Law)

FR Doc. E9-12049 Filed 5-22-09; 8:45 am

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