[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Rules and Regulations]
[Pages 29435-29436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11217]


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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 GREEN BAY (LPD 20) 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 
March 5, 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 GREEN BAY (LPD 20) 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 27, pertaining to the placement of all-round task lights in a 
vertical line; Annex I, paragraph 3(a), pertaining to the horizontal 
distance between the forward and after masthead lights; and Annex I, 
paragraph 2(k), pertaining to the vertical separation between anchor 
lights. 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 Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS GREEN BAY:


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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                                                                                                                          Forward
                                                                                              Side lights     Stern        anchor
                                                         Masthead   Side lights  Stern light    distance      light,       light,       Anchor lights
                                                        lights arc     arc of       arc of     inboard of    distance      height    relationship of aft
             Vessel                       No.               of      visibility;  visibility;     ship's     forward of   above hull    light to forward
                                                       visibility;   rule 21(b)   rule 21(c)    sides in     stern in    in meters;    light in meters
                                                        rule 21(a)                            meters 3(b)    meters;     2(k) Annex      2(k) Annex 1
                                                                                                Annex 1     rule 21(c)       1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
 USS GREEN BAY..................   LPD 20............  ...........  ...........  ...........  ...........  ...........  ...........   1.29 m below
 
                                                                      * * * * * * *
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[[Page 29436]]

0
3. Table Four, in Paragraph 20 of Sec.  706.2, is amended by adding, in 
numerical order, the following entry for USS GREEN BAY (LPD 20):


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

* * * * *

------------------------------------------------------------------------
                                                               Angle in
                                                              degrees of
                                                             task lights
                                                                 off
               Vessel                        Number          vertical as
                                                             viewed from
                                                               directly
                                                               ahead of
                                                                astern
------------------------------------------------------------------------
USS GREEN BAY......................  LPD 20................           10
------------------------------------------------------------------------

0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS GREEN BAY:


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
                                                               Masthead      Forward     less than
                                                              lights not     masthead      \1/2\
                                                               over all     light not      ship's     Percentage
               Vessel                         No.            other lights   in forward   length aft   horizontal
                                                                 and        quarter of   of forward   separation
                                                            obstructions.  ship. Annex    masthead     attained
                                                            Annex I, sec.    I, sec.       light.
                                                                 2(f)          3(a)       Annex I,
                                                                                         sec. 3(a)
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                                                  * * * * * * *
USS GREENBAY.......................  LPD 20...............  .............  ...........            X         70.9
 
                                                  * * * * * * *
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    Approved: April 29, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
 [FR Doc. E8-11217 Filed 5-20-08; 8:45 am]
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