[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68213-68214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27927]
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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 OSCAR AUSTIN (DDG 79) 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 November 5, 2010 and is applicable
beginning October 13, 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 DoN amends 32 Code of Federal Regulations (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 OSCAR AUSTIN (DDG 79) 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(c), pertaining to the placement of task lights not less
than two meters from the fore and aft centerline of the ship in the
athwartship direction. 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.
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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
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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 15 by adding the
following entry for USS OSCAR AUSTIN (DDG 79) in alphanumerical order
by DDG number:
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
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15. * * *
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Horizontal distance from the fore and aft
Vessel Number centerline of the vessel in the
athwartship direction
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* * * * * * *
USS OSCAR AUSTIN....................... DDG 79.................... 1.89 meters.
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[[Page 68214]]
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Approved: October 13, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
Dated: October 28, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 2010-27927 Filed 11-4-10; 8:45 am]
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