[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47210-47211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19206]
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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 RUSSELL (DDG 59) 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 August 5, 2010 and is applicable
beginning July 23, 2010.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, 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 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 RUSSELL
(DDG 59) 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; and, Rule 21(a)
pertaining to the forward masthead light arc of visibility. 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, 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
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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 in Table Four, Paragraph 16 by revising, in
alpha numerical order, by vessel number, an entry for USS RUSSELL (DDG
59):
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 Four--Paragraph 16
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Vessel Number Obstruction angle relative ship's headings
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USS RUSSELL.......................... DDG 59................. 103.66 thru 112.50.[deg]
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[[Page 47211]]
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Approved: July 23, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
Dated: July 28, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 2010-19206 Filed 8-4-10; 8:45 am]
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