Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 38921-38922 [E8-15401]
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations
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 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.
I 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
1. The authority citation for part 706
continues to read:
I
Authority: 33 U.S.C. 1605.
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):
I
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
TABLE ONE
Distance in meters of
forward masthead
light below minimum
required height.
§ 2(a)(i), Annex I
Vessel
Number
*
*
*
USS NEW HAMPSHIRE ......................................................
*
*
*
SSN 778 ...............................................................................
*
*
*
*
*
*
*
*
*
*
2.90
*
*
*
TABLE THREE
ebenthall on PRODPC60 with RULES
Vessel
No.
*
USS NEW
HAMPSHIRE.
VerDate Aug<31>2005
Masthead
lights arc of
visibility; rule
21(a)
*
SSN 778 .... Meets Requirement.
14:13 Jul 07, 2008
Jkt 214001
Side lights arc
of visibility; rule
21(b)
Stern light
arc of visibility; rule
21(c)
*
Meets Requirement.
PO 00000
Frm 00039
Fmt 4700
*
Side lights
distance inboard of
ship’s sides
in meters
3(b) annex 1
Stern light,
distance forward of stern
in meters;
rule 21(c)
Forward anchor light,
height above
hull in meters; 2(K)
annex 1
Anchor
lights relationship of
aft light to
forward light
in meters
2(K) annex
1
*
11.05
2.8
*
0.30 below.
*
205.6°
Sfmt 4700
4.37
E:\FR\FM\08JYR1.SGM
08JYR1
38922
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations
TABLE THREE—Continued
Vessel
Masthead
lights arc of
visibility; rule
21(a)
No.
*
Side lights arc
of visibility; rule
21(b)
*
Stern light
arc of visibility; rule
21(c)
*
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]
Side lights
distance inboard of
ship’s sides
in meters
3(b) annex 1
*
Stern light,
distance forward of stern
in meters;
rule 21(c)
*
Forward anchor light,
height above
hull in meters; 2(K)
annex 1
*
Anchor
lights relationship of
aft light to
forward light
in meters
2(K) annex
1
*
[Docket No. USCG–2007–0198]
On February 14, 2008, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Anchorage
Regulations; Stonington Maine, Deer
Island Thorofare, Penobscot Bay, ME’’
in the Federal Register (73 FR 8633).
We received no letters commenting on
the proposed rule. No public hearing
was requested, and none was held.
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This finding is based on the fact that
this rule conforms to the changing needs
of the Town of Stonington, the changing
needs of recreational, fishing and
commercial vessels, and makes the best
use of the available navigable water.
This rule is in the interest of safe
navigation, protection of moored
vessels, protection of the Town of
Stonington and the marine
environment.
Background and Purpose
Small Entities
RIN 1625–AA01
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
Anchorage Regulations; Stonington
Maine, Deer Island Thorofare,
Penobscot Bay, ME
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard hereby
establishes Crotch Island Special
Anchorage in Stonington, Maine, on
Deer Island Thorofare, Penobscot Bay.
This action is necessary to facilitate safe
navigation and provide a safe and
secure anchorage for vessels of not more
than 65 feet in length. This action is
intended to increase the safety of life
and property on Deer Island Thorofare,
improve the safety of anchored vessels,
and provide for the overall safe and
efficient flow of vessel traffic and
commerce.
DATES:
This rule is effective August 7,
2008.
Comments and materials
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (USCG–2007–0198), and are
available for inspection or copying at
room 628, First Coast Guard District
Boston, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
John J. Mauro, Commander (DPW), First
ebenthall on PRODPC60 with RULES
ADDRESSES:
VerDate Aug<31>2005
14:13 Jul 07, 2008
Jkt 214001
Coast Guard District, 408 Atlantic Ave.,
Boston, Massachusetts 02110,
Telephone (617) 223–8355 or e-mail at
John.J.Mauro@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The rule is intended to reduce the risk
of vessel collisions by creating Crotch
Island Special Anchorage area to aid the
Town of Stonington in enforcing its
mooring and boating regulations.
The Coast Guard is designating the
special anchorage area in accordance
with 33 U.S.C. 471. Under that statute,
vessels will not be required to sound
signals or exhibit anchor lights or
shapes which are otherwise required by
rule 30 and 35 of the Inland Navigation
Rules, codified at 33 U.S.C. 2030 and
2035.
The Coast Guard has defined the
anchorage area contained herein with
the advice and consent of the Army
Corps of Engineers, Northeast, located at
696 Virginia Rd., Concord, MA 01742.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please contact John J.
Mauro, at the address listed in
ADDRESSES above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal Regulatory
Enforcement Ombudsman and the
E:\FR\FM\08JYR1.SGM
08JYR1
]]>Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38921-38922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15401]
[[Page 38921]]
=======================================================================
-----------------------------------------------------------------------
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 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
------------------------------------------------------------------------
Distance in meters
of forward masthead
light below minimum
Vessel Number required height.
Sec. 2(a)(i),
Annex I
------------------------------------------------------------------------
* * * * * * *
USS NEW HAMPSHIRE.............. SSN 778.......... 2.90
* * * * * * *
------------------------------------------------------------------------
* * * * *
Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS NEW HAMPSHIRE............ SSN 778........ Meets Meets 205.6[deg] 4.37 11.05 2.8 0.30 below.
Requirement. Requirement.
[[Page 38922]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
