[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38921-38922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-15]
[[Page 38921]]
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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 NEW HAMPSHIRE (SSN 778) 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 July 8, 2008 and is applicable beginning
June 27, 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 NEW
HAMPSHIRE (SSN 778) 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.
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. Section 706.2 is amended as follows:
A. In Table One by adding, in numerical order, the following entry
for USS NEW HAMPSHIRE (SSN 778); and
B. In Table Three by adding, in numerical order, the following
entry for USS NEW HAMPSHIRE (SSN 778):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
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 NEW HAMPSHIRE.............. SSN 778.......... 2.90
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Table Three
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Forward Anchor lights
Side lights Stern light, anchor relationship
Masthead lights Side lights arc Stern light distance distance light, of aft light
Vessel No. arc of of visibility; arc of inboard of forward of height above to forward
visibility; rule 21(b) visibility; ship's sides stern in hull in light in
rule 21(a) rule 21(c) in meters meters; rule meters; 2(K) meters 2(K)
3(b) annex 1 21(c) annex 1 annex 1
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* * * * * * *
USS NEW HAMPSHIRE............ SSN 778........ Meets Meets 205.6[deg] 4.37 11.05 2.8 0.30 below.
Requirement. Requirement.
[[Page 38922]]
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Approved: June 27, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
[FR Doc. E8-15401 Filed 7-7-08; 8:45 am]
BILLING CODE 3810-FF-P