[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Rules and Regulations]
[Pages 63485-63486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22008]


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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 NORTH CAROLINA (SSN 777) 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: This rule is effective November 9, 2007 and is applicable to 
October 11, 2007.

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 NORTH CAROLINA (SSN 777) 
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

[[Page 63486]]

without interfering with its special function as a naval ship: Annex I, 
paragraph 2(a)(i), pertaining to the height placement of the masthead 
light above the hull; Annex I, paragraph 2(k), pertaining to the height 
and relative positions of the anchor lights; Annex I, paragraph 3(b), 
pertaining to the location of the sidelights; and Rule 21(c), 
pertaining to the location and arc of visibility of the sternlight. 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 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 USS NORTH CAROLINA:


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
             Vessel                     Number           below minimum
                                                       required height.
                                                        Sec.   2(a)(i),
                                                            Annex I
------------------------------------------------------------------------
 
                              * * * * * * *
USS NORTH CAROLINA.............  SSN 777                           2.90
 
                              * * * * * * *
------------------------------------------------------------------------


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


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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                                                                                                                                                                                 Anchor lights
                                                                                                                       Side lights        Stern light,       Forward  anchor    relationship of
                                                        Masthead lights   Side lights arc of   Stern light arc of   distance inboard    distance  forward     light, height       aft light to
             Vessel                     Number        arc of visibility;   visibility; rule     visibility; rule   of ship's sides in      of stern in        above hull in     forward light in
                                                          rule 21(a)             21(b)               21(c)          meters 3(b) annex  meters; rule 21(c)  meters; 2(K) annex  meters 2(K) annex
                                                                                                                            1                                       1                  1
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                                                                                          * * * * * * *
USS NORTH CAROLINA.............  SSN 777              Meets Requirement.  Meets Requirement.  205.6[deg].........  4.37..............  11.05.............  2.8...............  0.30 below.
 
                                                                                          * * * * * * *
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    Approved: October 11, 2007.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
 [FR Doc. E7-22008 Filed 11-8-07; 8:45 am]
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