[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Rules and Regulations]
[Pages 61685-61686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17431]


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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 HAWAII (SSN 776) 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: October 5, 2006.

FOR FURTHER INFORMATION CONTACT: Commander C. J. Spain, 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 HAWAII(SSN 776) 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 arc of visibility of the stern light; 
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 lights 
involved are located in closest possible compliance

[[Page 61686]]

with the applicable 72 COLREGS requirements. All other previously 
certified deviations from the 72 COLREGS not affected by this amendment 
remain in effect.
    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:

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 One of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for the USS HAWAII (SSN 776):


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 HAWAII.....................  SSN 776..........                  2.90
 
                              * * * * * * *
------------------------------------------------------------------------


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


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

* * * * *

                                                                         Table 3
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                                                                                               Side lights
                                                      Masthead                                  distance    Stern light,     Forward      Anchor lights
                                                     lights arc    Side lights   Stern light   inboard of     distance    anchor light  relation ship of
             Vessel                     No.              of          arc of        arc of     ship's sides   forward of   height above    aft light to
                                                     visibility;   visibility;   visibility;    in meters     stern in       hull in    forward light in
                                                     rule 21(a)    rule 21(b)    rule 21(c)    Sec.   3(b)  meters; rule  meters; 2(K)     meters 2(K)
                                                                                                 annex 1        21(c)        annex 1         annex 1
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USS HAWAII.....................  SSN 776..........  ............  ............      205[deg]          4.37         11.05           2.8  0.30 below.
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    Approved: October 5, 2006.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy,Deputy Assistant Judge AdvocateGeneral 
(Admiralty and Maritime Law).
 [FR Doc. E6-17431 Filed 10-18-06; 8:45 am]
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