Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 38921-38922 [E8-15401]

Download as PDF 38921 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

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[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]]

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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.

-----------------------------------------------------------------------

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]]

 
 
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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