[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30479-30480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-6]
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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 STOUT (DDG 55) 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.
[[Page 30480]]
DATES: This rule is effective May 28, 2008 and is applicable beginning
March 26, 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 202-685-5075.
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 STOUT
(DDG 55) 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 location of the
forward masthead light in the forward quarter of the vessel, the
placement of the after masthead light, and the horizontal distance
between the forward and after masthead lights. 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.
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 Four, Paragraph 16 of Sec. 706.2 is amended by removing the
entry for USS STOUT (DDG 55).
0
3. Table Five, of Sec. 706.2 is amended by revising the following
entry for USS STOUT (DDG 55), 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
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After mast-head
Masthead lights Forward masthead light less than
not over all light not in \1/2\ ship's Percentage
Vessel Hull No. other lights and forward quarter length aft of horizontal
obstructions. of ship. Annex forward masthead separation
Annex I, sec. I, sec. 3(a) Light. Annex I, \\attained
2(f) sec. 3(a)
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* * * * * * *
USS STOUT................................... DDG 55........................ ................. X X 20.3
* * * * * * *
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Approved: April 29, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
[FR Doc. E8-11836 Filed 5-27-08; 8:45 am]
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