[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46762-46763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15900]


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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 of the Navy (Admiralty and Maritime 
Law) has determined that Landing Craft, Air Cushion (LCAC) 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: May 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, 1322 Patterson Avenue, 
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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that Landing 
Craft, Air Cushion (LCAC) is a vessel of the Navy which, due to its 
special construction and purpose, cannot fully comply with the 
following specific provisions of the 72 COLREGS without interfering 
with its special function as a naval ship: Annex I paragraph 2(a)(i) 
pertaining to the height of the temporary masthead light above the 
hull, and paragraph 2(f)(i) pertaining to placement of the temporary 
masthead light above and clear of all obstructions. The Deputy 
Assistant Judge Advocate General of the Navy (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), 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 32 CFR Part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.


0
2. Amend Table One of Sec.  706.2 by revising the second notation for 
``LCAC (class)'' and footnote 2, as follows:


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

[[Page 46763]]

 
                              * * * * * * *
LCAC (class)................  LCAC 1 through 100..  7.84 (Temp.)\2\
 
                             * * * * * * *
------------------------------------------------------------------------
* * * * * * *
\2\ The temporary masthead light is 3.98 meters athwartship to starboard
  of centerline, 4.16 meters above the main deck.


0
3. Amend Table Two of Sec.  706.2 by revising the second notation for 
``LCAC (class)'' and footnote 4 as follows:


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

* * * * *

                                                                        Table Two
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      AFT                              Side
                                                                              Forward                anchor                 Side     lights,      Side
                                                                               anchor                light,               lights,    distance   lights,
                                                                               light,    Forward    distance     AFT      distance   forward    distance
                                                                              distance    anchor     below      anchor     below        of      inboard
                                                  Masthead lights, distance    below      light,     flight     light,     flight    forward   of ship's
          Vessel                   Number             to stbd of keel in       flight     number    deck in     number    deck in    masthead   sides in
                                                      meters; Rule 21(a)      deck in    of; Rule   meters;    of; Rule   meters;    light in   meters;
                                                                              meters;    30(a)(i)     Rule    30(a)(ii)     Sec.     meters;      Sec.
                                                                                Sec.                 21(e),                2(g),       Sec.      3(b),
                                                                               2(K),                  Rule                Annex I     3(b),     Annex I
                                                                              Annex I              30(a)(ii)                         Annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
LCAC Class................  LCAC 1 through LCAC   3.98 (Temp.)\4\..........  .........  .........  .........  .........  .........    \3\ 1.5
                             100.
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\4\ The temporary masthead light is 3.98 meters athwartship to starboard of centerline, 4.16 meters above the main deck.


0
3. Amend Table Four, Paragraph 9 of Sec.  706.2 by revising the third 
sentence of paragraph 2; and adding paragraph 3 to read as follows:


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

* * * * *

Table Four

0
9. * * *
    * * * The temporary masthead light is located 3.98 meters 
athwartship to starboard of centerline, 4.16 meters in height above the 
hull. * * *
* * * * *
    The arc of visibility of the temporary masthead light required by 
rule 21(a) may be obstructed at the following angles relative to the 
LCAC's heading, from 37.00 degrees thru 90.00 degrees up to a distance 
of 112.5 meters from the craft and from 276.75 degrees thru 277.25 
degrees.
* * * * *

    Approved: May 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. 05-15900 Filed 8-10-05; 8:45 am]
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