[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)] [Rules and Regulations] [Pages 33208-33209] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2013-13138] ======================================================================= ----------------------------------------------------------------------- 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 (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) of the DoN has determined that USS THEODORE ROOSEVELT (CVN 71) 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 June 4, 2013 and is applicable beginning May 20, 2013. 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 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) of the DoN, under authority delegated by the Secretary of the Navy, [[Page 33209]] has certified that USS THEODORE ROOSEVELT (CVN 71) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I, paragraph 2(g), pertaining to the placement of the sidelights above the hull; and Annex I, paragraph 2(i) (iii), pertaining to the vertical line spacing of the task 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 as follows: 0 A. In Table Two by revising the entry for USS THEODORE ROOSEVELT (CVN 71); and 0 B. In Table Four by adding the following entry for USS THEODORE ROOSEVELT (CVN 71). The additions read as follows: Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * * * * * * Table Two -------------------------------------------------------------------------------------------------------------------------------------------------------- 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 THEODORE ROOSEVELT........ CVN 71.......... 30.0 -- ........... -- ........... 0.43 -- -- -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * * * * * * * * * Table Four ------------------------------------------------------------------------ Vertical separation of the task light array is not equally spaced, the separation between Vessel No the middle and lower task light exceed the separation between the upper and middle light by ------------------------------------------------------------------------ USS THEODORE ROOSEVELT........ CVN 71........... 0.18 meter ------------------------------------------------------------------------ * * * * * A. B. Fischer, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). C. K. Chiappetta, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2013-13138 Filed 6-3-13; 8:45 am] BILLING CODE 3810-FF-P