[Federal Register: June 24, 2008 (Volume 73, Number 122)] [Rules and Regulations] [Page 35585-35587] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24jn08-5] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 STOCKDALE (DDG 106) 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 June 24, 2008 and is applicable beginning 13 June 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 [[Page 35586]] 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 STOCKDALE (DDG 106) 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(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task lights; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship in the athwartship direction. 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 15 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106): Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * ---------------------------------------------------------------------------------------------------------------- Horizontal distance from the fore and aft Vessel Number centerline of the vessel in the athwartship direction ---------------------------------------------------------------------------------------------------------------- * * * * * * USS STOCKDALE........................ DDG 106................ 1.90 meters. * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106): Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * ---------------------------------------------------------------------------------------------------------------- Obstruction angle relative ship's headings Vessel Number (degrees) ---------------------------------------------------------------------------------------------------------------- * * * * * * USS STOCKDALE........................ DDG 106................ 107.08 thru 112.50. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 4. Table Five of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS STOCKDALE (DDG 106): Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After masthead Masthead lights Forward masthead light less than \1/ Percentage not over all other light not in 2\ ship's length horizontal Vessel No. lights and forward quarter of aft of forward separation obstructions. ship. Annex I, masthead light. attained Annex I, sec. 2(f) sec. 3(a) Annex I, sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS STOCKDALE....................................... DDG 106 X X X 14.5 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 35587]] Approved: June 13, 2008. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E8-14195 Filed 6-23-08; 8:45 am] BILLING CODE 3810-FF-P
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