Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 35587-35588 [E8-14196]

Download as PDF 35587 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Rules and Regulations 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 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. 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 TRUXTUN (DDG 103) 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 SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 Department of the Navy, DoD. Final rule. AGENCY: ACTION: 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 TRUXTUN (DDG 103) 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. 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. For the reasons set forth in the preamble, amend part 706 of title 32 of the Code of Federal Regulations as follows: I PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 1. The authority citation for part 706 continues to read: I Authority: 33 U.S.C. 1605. 2. Table Four, Paragraph 15 of § 706.2 is amended by adding, in numerical order, the following entry for USS TRUXTUN (DDG 103): I § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * Number * * * USS TRUXTUN ........................................................... * * DDG 103 ...................................................................... * * 3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical I * ebenthall on PRODPC60 with RULES * 1.86 meters. * * § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. order, the following entry for USS TRUXTUN (DDG 103): * * Number * * * USS TRUXTUN ........................................................... * * DDG 103 ...................................................................... VerDate Aug<31>2005 12:37 Jun 23, 2008 * Jkt 214001 PO 00000 * Frm 00009 Fmt 4700 * Sfmt 4700 * * Obstruction angle relative ship’s headings Vessel * * * * * * * Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction Vessel * * E:\FR\FM\24JNR1.SGM * * 110.02 thru 112.50 [degrees]. * 24JNR1 * 35588 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Rules and Regulations 4. Table Five of § 706.2 is amended by adding, in numerical order, the I § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. following entry for USS TRUXTUN (DDG 103): * * * * * TABLE FIVE Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) Vessel Number * * USS TRUXTUN .................... * DDG 103 ............................... * * * Approved: June 13, 2008. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E8–14196 Filed 6–23–08; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0315] RIN 1625–AA11 Regulated Navigation Area; Chesapeake and Delaware Canal, Chesapeake City Anchorage Basin, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary regulated navigation area (RNA) in certain waters of the Chesapeake and Delaware (C & D) Canal, within the anchorage basin at Chesapeake City, Maryland, on June 28, 2008. This RNA is necessary to provide for the safety of life, property and the environment. This RNA restricts the movement of vessels throughout the anchorage basin during the Town of Chesapeake City’s Canal Day 2008 event. This rule is effective from 8 a.m. on June 24, 2008 through 12 p.m. on June 29, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0315 and are available online at https://www.regulations.gov. This material is also available for inspection or copying at two locations: The Docket ebenthall on PRODPC60 with RULES DATES: VerDate Aug<31>2005 12:37 Jun 23, 2008 Jkt 214001 * Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) * X * Fmt 4700 Sfmt 4700 * X * Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because any delay encountered in this regulation’s effective date by publishing a NPRM would be contrary to public interest since immediate action is needed to prevent vessel traffic from transiting the specified waters to provide for the safety Frm 00010 Percentage horizontal separation attained * X Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays and U. S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways Management Division, Baltimore, Maryland 21226–1791 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have any questions on this temporary rule, call Mr. Ronald L. Houck, at Coast Guard Sector Baltimore, Waterways Management Division, at telephone number (410) 576–2674 or (410) 576–2693. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone number (202) 366–9826. SUPPLEMENTARY INFORMATION: PO 00000 After masthead light less than 1⁄2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) * 14.6 * of life and property on navigable waters. Additionally, the RNA should have minimal impact on vessel transits due to the fact that vessels can safely transit through the RNA when authorized by the Captain of the Port or his Representative and that they are not precluded from using any portion of the waterway except the RNA itself. For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose On the last Saturday in June, thousands of people attend the Town of Chesapeake City’s Canal Day outdoor waterfront festival, located adjacent to the C & D Canal anchorage basin at Chesapeake City, Maryland. The event began in 1975 as an arts festival to raise funds for local organizations. Due to the growing presence of visiting boaters in recent years, the event has become increasingly congested. The last Canal Day on June 30, 2007 brought an estimated 400 boats and 10,000 visitors to Chesapeake City, a town with a population of 800. An estimated 325 recreational boats were anchored or moored alongside other boats (rafted). These boats accounted for approximately 600 visitors. Persons on recreational vessels or other water craft began arriving on the Wednesday before the festival, and by that evening, large lines of rafted boats filled the anchorage basin, the size of which is approximately 420 yards in length and 170 yards in width. By Thursday afternoon, two days before Canal Day, the gathering of persons and vessels exceeded a safe limit. On a typical weekend, ten to fifteen boats anchor in the basin. Accidental drownings, personal injuries, boat fires, boat capsizings and sinkings, and boating E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Rules and Regulations]
[Pages 35587-35588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14196]

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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 TRUXTUN (DDG 103) 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 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 TRUXTUN (DDG 103) 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 TRUXTUN (DDG 103):

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 TRUXTUN.......................... DDG 103................ 1.86 meters.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS TRUXTUN (DDG 103):

Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

----------------------------------------------------------------------------------------------------------------
Vessel Number Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------

* * * * * * *
USS TRUXTUN.......................... DDG 103................ 110.02 thru 112.50 [degrees].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 35588]]

0
4. Table Five of Sec. 706.2 is amended by adding, in numerical order,
the following entry for USS TRUXTUN (DDG 103):

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 masthead
Masthead lights Forward masthead light less than \1/ Percentage
not over all other light not in 2\ ship's length horizontal
Vessel Number 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 TRUXTUN............................... DDG 103..................... X X X 14.6

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Approved: June 13, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
[FR Doc. E8-14196 Filed 6-23-08; 8:45 am]
BILLING CODE 3810-FF-P

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