[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34862-34864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13857]
=======================================================================
-----------------------------------------------------------------------
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) has
determined that USS NASHVILLE (LPD 13) 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 June 19, 2008 and is applicable beginning
11 June 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), under authority
delegated by the Secretary of the Navy, has certified that USS
NASHVILLE (LPD 13) 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 2(a)(i), pertaining to the
height of the masthead light; Annex I paragraph 3(a), pertaining to the
horizontal distance between the forward and after masthead lights; and
Annex I, paragraph 2(g), pertaining to the distance of the sidelights
above the hull. The Deputy Assistant Judge Advocate General (Admiralty
and Maritime Law) has also certified that the lights involved are
located in closest possible compliance with the applicable 72 COLREGS
requirements.
[[Page 34863]]
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 part 706 continues to read:
Authority: 33 U.S.C. 1605.
0
2. Table one of Sec. 706.2 is amended by adding, in numerical order,
the following entry for USS NASHVILLE (LPD 13):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
------------------------------------------------------------------------
Distance in meters of
forward masthead light
Vessel Number below minimum required
height. Sec. 2(a)(i)
Annex I
------------------------------------------------------------------------
* * * * * * *
USS NASHVILLE................. LPD 13........ 4.38
* * * * * * *
------------------------------------------------------------------------
0
3. Table Four, Paragraph 19 of Sec. 706.2, is amended by adding the
following entry for USS NASHVILLE (LPD 13), to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
------------------------------------------------------------------------
Distance in meters of
Vessel Number sidelights above maximum
allowed height
------------------------------------------------------------------------
USS NASHVILLE................. LPD 13........ 5.37
------------------------------------------------------------------------
0
4. Table Five of Sec. 706.2 is amended by revising the following entry
for USS NASHVILLE (LPD 13), to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After mast-head
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 Number 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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS NASHVILLE...................................................... LPD 13 -- N/A X 54.7
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 34864]]
Approved: June 11, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E8-13857 Filed 6-18-08; 8:45 am]
BILLING CODE 3810-FF-P