[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24173-24174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9669]


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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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[[Page 24174]]

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 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 May 2, 2008 and is applicable beginning 
March 10, 2008.

FOR FURTHER INFORMATION CONTACT: Commander Robb Hyde, 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 
rule will revise various sections of 32 CFR part 706 previously amended 
by 72 FR 72946 on December 26, 2007.
    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. 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, the Navy Department amends 
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. Section 706.2 is amended by removing paragraphs 22 and 23 following 
Table Five and adding a new paragraph 22 under Table Four, 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).

                                                   Table Four
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                                                                 Vertical separation of the task light array is
                                                                 not equally spaced, the separation between the
                Vessel                           No.                 middle 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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    Approved: April 22, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. E8-9669 Filed 5-1-08; 8:45 am]
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