[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Page 68516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30422]


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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), acting 
pursuant to authority delegated from the Secretary of the Navy: has 
determined that USS THEODORE ROOSEVELT (CVN 71) 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 functions as a naval aircraft carrier. The intended effect of 
this rule is to warn mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: July 25, 2003.

FOR FURTHER INFORMATION CONTACT: Commander S. A. Kenney, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Department of the Navy, Office of the Judge Advocate General, 
1322 Patterson Avenue, Suite 3000, SE., Washington Navy Yard, DC 20374, 
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. The 
Secretary of the Navy previously certified that USS THEODORE ROOSEVELT 
(CVN 71) is a vessel of the Navy which, due to its special construction 
and purpose, cannot fully comply with 72 COLREGS. 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 amended that certification to reflect that 
certain anchor lights on USS THEODORE ROOSEVELT (CVN 71), previously 
certified as not in compliance with 72 COLREGS, now comply with the 
applicable 72 COLREGS requirements, to wit: the forward and aft anchor 
lights are now located on the centerline of the ship, the required 
height above the hull, as required by Rules 21(e), 30(a)(i), and 30 
(a)(ii).
    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.


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Accordingly, 32 CFR part 706 is amended as follows:

PART 706--[Amended]

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1. The authority citation for part 706 continues to read:

    Authority: 33 U.S.C. 1605.


Sec.  706.2  [Amended]

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2. Table Two of Sec.  706.2 is amended by revising the entry for USS 
THEODORE ROOSEVELT (CVN 71):

                                                                        Table Two
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                                                           Forward                                                            Side lights,
                                                           anchor                    AFT anchor                 Side lights,    distance    Side lights,
                                            Masthead       light,        Forward       light,      AFT anchor     distance     forward of     distance
                                             lights,      distance       anchor       distance       light,     below flight     forward     inboard of
           Vessel              Hull No.    distance to  below flight     light,     below flight   number of;       dk in       masthead    ship's sides
                                          stbd of keel      dk in      number of;       dk in         Rule      meters; Sec.    light in     in  meters;
                                           in meters;   meters; Sec.      Rule      meters; Rule    30(a)(ii)     2(g) Annex  meters; Sec.  Sec.   3(b),
                                           Rule 21(a)        2(K),      30(a)(i)     21(e), Rule                      I            3(b),       Annex I
                                                           Annex I                    30(a)(ii)                                  Annex I
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USS THEODORE ROOSEVELT......  CVN 71              30.0  ............  ............  ............  ............          0.51  ............  ............
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    Dated: July 25, 2003.
S.A. Kenney,
CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 03-30422 Filed 12-8-03; 8:45 am]
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