[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46766-46768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15902]


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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 SAN ANTONIO (LPD 17) 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: March 25, 2005.

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 SAN ANTONIO (LPD 17) 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 27, pertaining to the placement of all-round task lights in a 
vertical line; Annex I, paragraph 3(a), pertaining to the horizontal 
distance between the forward and after masthead lights; and Annex I, 
paragraph 2(k), pertaining to the vertical separation between anchor 
lights. 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

[[Page 46767]]

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. Table Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS SAN ANTONIO:


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

* * * * *

                                                                       Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Forward
                                                      Masthead                                 Side lights  Stern light,     anchor       Anchor lights
                                                     lights arc    Side lights   Stern light    distance      distance       light,      relationship of
             Vessel                    Number            of          arc of        arc of      inboard of    forward of   height above    aft light to
                                                     visibility;   visibility;   visibility;  ship's sides    stern in       hull in    forward light in
                                                     rule 21(a)    rule 21(b)    rule 21(c)     in meters   meters; rule  meters; 2(K)     meters 2(K)
                                                                                              3(b) Annex 1      21(c)        Annex 1         Annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS SAN ANTONIO................  LPD 17...........  ............  ............  ............  ............  ............  ............  1.3 below
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Table Four of Sec.  706.2 is amended by adding the following 
paragraph:


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

* * * * *
    20. On the following ships, the all-round task lights (not under 
command or restricted in ability to maneuver) required by Rule 27(a) 
and (b) are unable to be mounted in a vertical line. Instead, the 
lights deviate from a vertical line by the indicated amount.

------------------------------------------------------------------------
                                                             Angle in
                                                            degrees of
                                                            task lights
              Vessel                       Number          off vertical
                                                          as viewed from
                                                          directly ahead
                                                             or astern
------------------------------------------------------------------------
USS SAN ANTONIO...................  LPD 17..............              10
------------------------------------------------------------------------


0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS SAN ANTONIO:


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

* * * * *

                                                   Table Five
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                                                                                  After masthead
                                                     Masthead         Forward       light less
                                                    lights not    masthead light     than 1/2       Percentage
                                                  over all other  not in forward   ship's length    horizontal
            Vessel                   Number         lights and      quarter of      aft forward     separation
                                                   obstructions.  ship. Annex I,     masthead        attained
                                                   Annex I, sec.     sec. 3(a)     light. Annex
                                                       2(f)                        I, sec. 3(a)
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                                                  * * * * * * *
USS SAN ANTONIO...............  LPD 17..........  ..............  ..............               X            71.0
 
                                                  * * * * * * *
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[[Page 46768]]

    Approved: March 25, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 05-15902 Filed 8-10-05; 8:45 am]
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