[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12859-12860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5168]


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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 (DoN) 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 (DAJAG) (Admiralty and Maritime 
Law) has determined that certain vessels of the SSN Class are vessels 
of the Navy which, due to their 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 March 9, 2011 and is applicable beginning 
February 23, 2011.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jaewon Choi, JAGC, U.S. 
Navy, Admiralty Attorney, (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 DoN amends 32 CFR part 706.
    This amendment provides notice that the DAJAG (Admiralty and 
Maritime Law), under authority delegated by the Secretary of the Navy, 
has certified that certain vessels of the SSN Class are vessels of the 
Navy which, due to their special construction and purpose, cannot fully 
comply with the following specific provisions of 72 COLREGS without 
interfering with their special function as naval ships: Rule 21 (a) 
pertaining to the centerline position of the masthead lights. The DAJAG 
(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 these vessels in a manner differently from that prescribed 
herein will adversely affect the vessels' ability to perform their 
military functions.

List of Subjects in 32 CFR Part 706

    Marine safety, Navigation (water), and Vessels.

    For the reasons set forth in the preamble, the Navy amends part 706 
of title 32 of the CFR 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 as follows:

    Authority:  33 U.S.C. 1605.


0
2. Section 706.2, Table Two, is amended by adding, in alpha numerical 
order by vessel number, the following entries for the SSN Class to read 
as follows:


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

[[Page 12860]]



                                                                        Table Two
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                                                                        Forward                                                      Side
                                                                        anchor                AFT anchor                 Side       lights,      Side
                                                           Masthead     light,                  light,                  lights,    distance     lights,
                                                            lights,    distance     Forward    distance   AFT anchor   distance   forward of   distance
                                                           distance      below      anchor       below      light,       below      forward   inboard of
              Vessel                       Number         to stbd of   flight dk    light,     flight dk  number of;   flight dk   masthead     ship's
                                                            keel in       in      number of;  in meters;  Rule 30(a)      in       light in    sides in
                                                            meters;     meters;   Rule 30(a)     Rule        (ii)       meters;     meters;     meters;
                                                          Rule 21(a)     Sec.         (i)       21(e),                 Sec.   2      Sec.        Sec.
                                                                         2(K),                   Rule                 (g), Annex     3(b),       3(b),
                                                                        Annex I                30(a)(ii)                   I        Annex I     Annex I
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                                                                      * * * * * * *
USS NORFOLK.......................  SSN 714.............        0.41  ..........  ..........  ..........  ..........  ..........  ..........  ..........
USS CHICAGO.......................  SSN 721.............        0.41  ..........  ..........  ..........  ..........  ..........  ..........  ..........
USS KEY WEST......................  SSN 722.............        0.41  ..........  ..........  ..........  ..........  ..........  ..........  ..........
 
                                                                      * * * * * * *
USS HELENA........................  SSN 725.............        0.41  ..........  ..........  ..........  ..........  ..........  ..........  ..........
 
                                                                      * * * * * * *
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* * * * *

    Approved: February 23, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
    Dated: March 1, 2011.
D.J. Werner,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2011-5168 Filed 3-8-11; 8:45 am]
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