[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Rules and Regulations]
[Pages 29434-29435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11216]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 DECATUR (DDG 73) 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 21, 2008 and is applicable beginning 
April 29, 2008.

FOR FURTHER INFORMATION CONTACT: Commander M. 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 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 DECATUR 
(DDG 73) 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(f)(i) pertaining to placement of the 
masthead light or lights above and clear of all other lights and 
obstructions; Annex I, paragraph 2(f)(ii) pertaining to the vertical 
placement of task lights; Annex I, paragraph 3(a) pertaining to the 
location of the forward masthead light in the forward quarter of the 
vessel, and the horizontal distance between the forward and after 
masthead lights; and, Annex I, paragraph 3(c) pertaining to placement 
of task lights not less than two meters from the fore and aft 
centerline of the ship in the athwartship direction. The Deputy 
Assistant Judge Advocate General (Admiralty) 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 different 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 Four, Paragraph 16 of Sec.  706.2 is amended by removing the 
entry for USS DECATUR (DDG 73).
0
3. Table Five, of Sec.  706.2 is amended by revising the following 
entry for USS DECATUR (DDG 73), to read as follows:

[[Page 29435]]



                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                    After mast-head
                                                  Masthead lights      Forward      light less than
                                                   not over all     masthead light    \1/2\ ship's    Percentage
                                                 other lights and   not in forward   length aft of    horizontal
            Vessel                    No.          obstructions.      quarter of        forward       separation
                                                   annex I, sec.    ship. annex I,  masthead light.    attained
                                                       2(f)           sec. 3(a)      annex I, sec.
                                                                                          3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS DECATUR..................  DDG 73..........  N/A.............  X..............  X..............         15.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Approved: April 29, 2008.
M.R. Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. E8-11216 Filed 5-20-08; 8:45 am]
BILLING CODE 3810-FF-P