[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 42989-42990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17874]


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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 USS LEYTE GULF (CG 55) 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 July 23, 2012 and is applicable beginning 
July 11, 2012.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 
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 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 USS LEYTE GULF (CG 55) 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 without 
interfering with its special function as a naval ship: Annex I, 
paragraph 3(a), pertaining to the horizontal distance between the 
forward and after 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 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.

    For the reasons set forth in the preamble, amend 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:

     Authority: 33 U.S.C. 1605.


0
2. Section 706.2 is amended in Table Five by revising the entry for USS 
LEYTE GULF (CG 55) to read as follows:


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

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                                                                       Table Five
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                                                                                                                      After masthead
                                                                                                 Forward  masthead   light less than
                                                                  Masthead lights not over all      light not in       \1/2\ ship's        Percentage
                 Vessel                           No.           other  lights and  obstructions   forward quarter     length aft of        horizontal
                                                                       Annex I, sec. 2(f)        of ship  Annex I,   forward masthead      separation
                                                                                                     sec. 3(a)       light  Annex I,        attained
                                                                                                                        sec. 3(a)
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                                                                      * * * * * * *
USS LEYTE GULF.........................  CG 55................  ...............................                 X                  X               36.9
 
                                                                      * * * * * * *
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[[Page 42990]]

    Approved: July 11, 2012.
C.J. Spain,
 Acting Deputy Assistant Judge Advocate, General (Admiralty and 
Maritime Law).
    Dated: July 13, 2012.
D.G. Zimmerman,
Lieutenant Commander, Alternate Judge Advocate General's Corps, U.S. 
Navy, Federal Register Liaison Officer.
[FR Doc. 2012-17874 Filed 7-20-12; 8:45 am]
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