[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46758-46759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15897]


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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 JIMMY CARTER (SSN 23) 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: Effective Date: September 21, 2004.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, 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 JIMMY CARTER (SSN 23) 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: Rule 21(c), pertaining to the location and arc of visibility of 
the sternlight; Annex I, section 2(a)(i), pertaining to the height of 
the masthead light; Annex I, section 2(k), pertaining to the height and 
relative positions of the anchor lights; and Annex I, section 3(b), 
pertaining to the location of the sidelights. The Deputy Assistant 
Judge Advocate General (Admiralty and Maritime Law) has also certified 
that the aforementioned lights 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:

[[Page 46759]]

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:

    Authority: 33 U.S.C. 1605.


0
2. Table One of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS JIMMY CARTER:


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

* * * * *

------------------------------------------------------------------------
                                                     Distance in meters
                                                     of forward masthead
                                                     light below minimum
             Vessel                    Number          required height
                                                    Sec.   2(a)(i) Annex
                                                              I
------------------------------------------------------------------------
 
                              * * * * * * *
USS JIMMY CARTER...............  SSN 23...........                  4.32
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. Table Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS JIMMY CARTER:


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

* * * * *

                                                                       Table Three
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                                                                                                                         Forward
                                                  Masthead                                 Side lights  Stern light,     anchor         Anchor lights
                                                 lights arc    Side lights   Stern light    distance      distance       light,      relationship of aft
         Vessel                  Number              of          arc of        arc of      inboard of    forward of   height above    light to forward
                                                 visibility;   visibility;   visibility;  ship's sides    stern in       hull in    light in meters 2(K)
                                                 rule 21(a)    rule 21(b)    rule 21(c)    in meters;   meters; rule  meters; 2(K)         annex 1
                                                                                          3(b) annex 1      21(c)        annex 1
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                                                                      * * * * * * *
USS JIMMY CARTER         SSN 23...............  ............  ............      211[deg]          5.12          10.7           2.8  1.63 below.
 
                                                                      * * * * * * *
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    Approved: September 21, 2004.
G. A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).

    Editorial Note: This document was received at the Office of the 
Federal Register August 8, 2005.

[FR Doc. 05-15897 Filed 8-10-05; 8:45 am]
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