[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 72945-72947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24934]


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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 FREEDOM (LCS 1) is a vessel of the Navy which, due 
to its special construction and purpose, cannot fully comply with 
certain provisions of the 72 COLREGS

[[Page 72946]]

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 December 26, 2007 and is applicable 
beginning November 19, 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 FREEDOM (LCS 1) 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: 
Annex I, paragraph 2(a)(i), pertaining to the location of the forward 
masthead light at a height not less than 12 meters above the hull; 
Annex I, paragraph 3 (a), pertaining to the location of the forward 
masthead light in the forward quarter of the ship and the horizontal 
distance between the masthead lights shall not be less than one-half of 
the length of the vessel; Annex I, paragraph 2(i)iii, pertaining to the 
three lights in the task light array being equally spaced; Rule 27, 
paragraph (b) ii, pertaining to the three all-round lights in a 
vertical line where they can best be seen. 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 as follows:

    Authority: 33 U.S.C. 1605.


0
2. Table One, of Sec.  706.2 is amended by adding, in alpha numerical 
order by ship number, the following entry for USS FREEDOM:


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

* * * * *

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                                                              Distance in meters of forward masthead light below
                    Vessel                         Number       minimum required height. Annex I, para 2(a)(i)
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                                                  * * * * * * *
USS FREEDOM...................................        LCS 1  5.99
 
                                                  * * * * * * *
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0
3. Table Five of Sec.  706.2 is amended by adding, in alpha numerical 
order by ship number, the following entry for USS FREEDOM:


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 Mast-
                                                                                         head Light
                                                              Masterhead     Forward     less than
                                                              lights not     Masthead      \1/2\
                                                               over all     light not      ship's     Percentage
                    Vessel                         No.       other lights   in forward   length of    horizontal
                                                                 and        quarter of    forward     separation
                                                            obstructions,  ship. annex    masthead     attained
                                                               annex I,      I, sec.       light.
                                                               sec.2(f)        3(a)       annex i,
                                                                                         sec. 3(a)
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                                                  * * * * * * *
USS FREEDOM..................................        LCS 1  .............            X            X           23
 
                                                  * * * * * * *
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0
4. Section 706.2 is amended by adding paragraphs 22 and 23 following 
Table Five to read as follows:


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

* * * * *
    22. On the following ships the vertical separation of the task 
lights do not meet the vertical spacing requirements described by Annex 
I, 2(i)(iii).

[[Page 72947]]



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                                                              Vertical separation of the task light array is not
                                                              equally spaced, the separation between the middle
                    Vessel                         Number     and lower task light exceed the separation between
                                                                        the upper and middle light by
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USS FREEDOM...................................        LCS 1  0.39 meter.
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    23. On the following ships the verticality of the task lights do 
not meet verticality requirements described in Rule 27(b)(ii).

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                                                               Verticality of lights, when viewed from directly
                    Vessel                         Number     port or starboard, the lower task light is out of
                                                              alignment with the upper and middle task light by:
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USS FREEDOM...................................        LCS 1  0.37 meter.
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    Approved: November 19, 2007.
C.J. Spain,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law), Acting.
[FR Doc. E7-24934 Filed 12-21-07; 8:45 am]
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