[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9927-9928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1807]


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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 Causeway Ferry Power Modules (CFPM) and 
Warping Tugs (WT) are vessels of the Navy which, due to their special 
construction and purpose, cannot fully comply with certain provisions 
of the 72 COLREGS without interfering with their special function as 
naval ships. The intended effect of this rule is to warn mariners in 
waters where 72 COLREGS apply.

DATES: Effective Date: September 9, 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, 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 Causeway 
Ferry Power Modules (CFPM) and Warping Tugs (WT) are vessels of the 
Navy which, due to their special construction and purpose, cannot fully 
comply with the following specific provisions of the 72 COLREGS without 
interfering with their special function as naval ships: Rule 21(a), 
pertaining to the placement of masthead lights over the fore and aft 
centerline of the vessel; Rule 23(a)(i) and Annex I paragraph 3(c), 
pertaining to placement of the masthead light in the forward part of 
the ship; Annex I, paragraph 3(b), pertaining to the placement of 
sidelights aft of the masthead light and at or near the side of the 
vessel; and Annex I, paragraph 2(i)(i), pertaining to placement of task 
lights in a vertical line not less than 2 meters apart. 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 these vessels in a manner differently from that prescribed 
herein will adversely affect the vessels' ability to perform their 
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 32 CFR part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.

0
2. Table Two of Sec.  706.2 is amended by adding, in numerical order, 
the following entries for CFPM (class) and WT (class):


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

* * * * *

[[Page 9928]]



                                                                        Table Two
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                                                                                                                                    Side
                                                                 Forward                  AFT anchor                   Side       lights,        Side
                                                    Masthead      anchor      Forward       light,                   lights,      distance     lights,
                                                    lights,       light,       anchor      distance    AFT anchor    distance    forward of    distance
                                                  distance to    distance      light,       below        light,       below       forward     inboard of
            Vessel                   Number         stbd of       below      number of;  flight deck   number of;  flight deck    masthead      ship's
                                                    keel in    flight deck      Rule      in meters;      rule      in meters;    light in     sides in
                                                    meters;     in meters;    30(a)(i)   Rule 21(e),   30(a)(ii)       Sec.       meters;      meters;
                                                   Rule 21(a)      Sec.                      Rule                  2(g), Annex      Sec.         Sec.
                                                               2(K), Annex                30(a)(ii)                     I       3(b), Annex  3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------I-----
CFPM (class)..................  CFPM-1 through           2.32  ...........  ...........  ...........  ...........  ...........         2.01     \5\ 5.73
                                 CFPM-2.
 
                                                                      * * * * * * *
WT (class)....................  WT-1 through WT-         2.32  ...........  ...........  ...........  ...........  ...........         2.01    \5\ 5.73
                                 4.
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\5\ Port sidelight only.


0
3. Table Four of Sec.  706.2 is amended by revising paragraph 5 and 
adding paragraph 21 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
* * * * *
    5. The masthead light required by Rule 23(a)(i) and Annex I, 
Paragraph 3(d), is not located in the forward part of the vessel on the 
CFPM Class, CSP Class, SLWT Class, and WT Class.
* * * * *
    21. On the following ships, the forward towing light array and 
Restricted Maneuvering light array do not meet the vertical spacing 
requirements described by Annex I, paragraph 2(i)(i).

------------------------------------------------------------------------
                                                  Forward     Restricted
                                                   towing    maneuvering
                                                   light        light
                    Vessel                         array,       array,
                                                  vertical     vertical
                                                  spacing      spacing
                                                  (meters)     (meters)
------------------------------------------------------------------------
CFPM-1 through CFPM-2.........................         1.00         1.00
WT-1 through WT-4.............................         1.00         1.00
------------------------------------------------------------------------

* * * * *

    Approved: September 9, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 06-1807 Filed 2-27-06; 8:45 am]
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