[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Rules and Regulations]
[Pages 22696-22697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10169]


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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 and Maritime Law) has 
determined that USS MISSOURI (SSN 780) 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 April 30, 2010 and is applicable 
beginning April 21, 2010.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, 
(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 MISSOURI 
(SSN 780) 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 placement of the masthead light above the hull; Annex I, 
paragraph 2(k), pertaining to the height and relative positions of the 
anchor lights; Annex I, paragraph 3(b), pertaining to the location of 
the sidelights; and Rule 21(c), pertaining to the location and arc of 
visibility of the sternlight. 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.
    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.

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For the reasons set forth in the preamble, the Navy amends 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

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1. The authority citation for part 706 continues to read as follows:

    Authority: 33 U.S.C. 1605.


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2. Section 706.2 is amended as follows:
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A. In Table One by adding, in alpha numerical order, by vessel number, 
an entry for USS MISSOURI (SSN 780); and
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B. In Table Three by adding, in alpha numerical order, by vessel 
number, an entry for USS MISSOURI (SSN 780).
    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.

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                                                    Table One
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                                                                                   Distance in meters of forward
                                                                                    masthead light below minimum
                  Vessel                                   Number                      required height. Sec.
                                                                                          2(a)(i), Annex I
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                                                  * * * * * * *
USS MISSOURI.............................  SSN 780...............................                          2.76
 
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[[Page 22697]]



                                                                                           Table Three
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                                                                                                                            Side lights    Stern light,
                                                                                                            Stern light      distance        distance     Forward anchor       Anchor lights
                                                         Masthead lights arc of     Side lights arc of        arc of        inboard of      forward of     light, height    relationship of aft
               Vessel                      Number        visibility; rule 21(a)   visibility; rule 21(b)    visibility;    ship's sides      stern in      above hull in  light to forward light
                                                                                                            rule 21(c)    in meters 3(b)   meters; rule    meters; 2(K)   in meters 2(K) annex 1
                                                                                                                              annex 1          21(c)          annex 1
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                                                                                          * * * * * * *
USS MISSOURI.......................  SSN 780..........  .......................  .......................      210.5[deg]            4.37           11.05             2.8  0.30 below.
 
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    Approved: April 21, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General, 
Admiralty and Maritime Law.
[FR Doc. 2010-10169 Filed 4-29-10; 8:45 am]
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