[Federal Register: October 24, 2008 (Volume 73, Number 207)] [Rules and Regulations] [Page 63375-63376] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24oc08-12] ======================================================================= ----------------------------------------------------------------------- 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) of the Navy has determined that USS GEORGE H. W. BUSH (CVN 77) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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 October 24, 2008 and is applicable beginning 14 October 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 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 [[Page 63376]] General (Admiralty and Maritime Law) of the Navy, under authority delegated by the Secretary of the Navy, has certified that USS GEORGE H. W. BUSH (CVN 77) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Rule 21(a), pertaining to the placement of the masthead lights over the fore and aft centerline of the ship; Annex I, paragraph 2(g), pertaining to the placement of the sidelights above the hull; and Annex I, paragraph 3(a), pertaining to the placement of the forward masthead light in the forward quarter of the ship. 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 32 CFR part 706 continues to read as follows: Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended as follows: 0 A. In Table Two by adding, in numerical order, the following entry for USS GEORGE H. W. BUSH (CVN 77): 0 B. In Table Five by adding, in numerical order, the following entry for USS GEORGE H. W. BUSH (CVN 77): Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Two * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Side Forward Aft anchor Side lights, Side Masthead anchor Forward light, lights, distance lights, lights, light, anchor distance Aft anchor distance forward of distance distance to distance light, below light, below forward inboard of Vessel Number stbd of below number of; flight dk number of; flight dk masthead ship's keel in flight dk Rule in meters; Rule in meters; light in sides in meters; in meters; 30(a)(i) Rule 21(e), 30(a)(ii) Sec. 2 meters; meters; Rule 21(a) Sec. Rule (g), Annex Sec. Sec. 2(K), Annex 30(a)(ii) I 3(b), Annex 3(b), Annex --------------------------------------------------------------------I----------------------------------------------------------------I------------I----- USS GEORGE H. W. BUSH......... CVN-77.......... 31.09 ........... ........... ........... ........... 0.46 ........... ........... -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * Table Five * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- After masthead Masthead lights Forward masthead light less than not over all light not in \1/2\ ship's Percentage Vessel Number other lights and forward quarter of length aft of horizontal obstructions, ship, Annex I, forward masthead separation Annex I, sec. sec. 3(a) light, Annex I, attained 2(f) sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- USS GEORGE H. W. BUSH...................... CVN-77........................ ................. X ................. ................. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). [FR Doc. E8-25426 Filed 10-23-08; 8:45 am] BILLING CODE 3810-FF-P
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