[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Rules and Regulations]
[Pages 49099-49100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19163]
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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.
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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) of the Navy has determined
that USS LABOON (DDG 58) 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 ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
DATES: This rule is effective August 20, 2008 and is applicable
beginning 7 August 2008.
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 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) of the Navy, under
authority delegated by the Secretary of the Navy, has certified that
USS LABOON (DDG 58) is a vessel of the Navy which, due to its special
construction and purpose, cannot comply fully with the following
specific provision of 72 COLREGS without interfering with its special
function as a naval ship: Annex I, paragraph 3(a), pertaining to the
location of the forward masthead light in the forward quarter of the
vessel, the placement of the after masthead light, and the horizontal
distance between the forward and after masthead lights. The Deputy
Assistant Judge Advocate General (Admiralty) 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 32 CFR 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 Four paragraph 16 by removing the entry, in numerical
order, for USS LABOON (DDG 58); and
0
B. In Table Five by revising, in numerical order, the following entry
for USS LABOON (DDG 58):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and U.S.C. 1605.
* * * * *
Table Five
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After masthead
Masthead lights Forward light less than
not over all masthead light \1/2\ ship's Percentage
other lights not in forward length aft of horizontal
Vessel No. and quarter of forward separation
obstructions; ship; Annex I, masthead light; attained
Annex I, sec. sec. 3(a) Annex I, sec.
2(f) 3(a)
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* * * * * * *
USS LABOON......................................................... DDG 58 X X X 20.3
* * * * * * *
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[[Page 49100]]
Approved: August 7, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E8-19163 Filed 8-19-08; 8:45 am]
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