[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30479-30480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11836]


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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 STOUT (DDG 55) 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.

[[Page 30480]]


DATES: This rule is effective May 28, 2008 and is applicable beginning 
March 26, 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 202-685-5075.

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 STOUT 
(DDG 55) 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 3(a), pertaining to the location of the 
forward masthead light in the forward quarter of the vessel, the 
placement of the after masthead light, and the horizontal distance 
between the forward and after masthead 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 Four, Paragraph 16 of Sec.  706.2 is amended by removing the 
entry for USS STOUT (DDG 55).
0
3. Table Five, of Sec.  706.2 is amended by revising the following 
entry for USS STOUT (DDG 55), to read as follows:


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
                                                                               Masthead lights    Forward masthead   light less than
                                                                                 not over all       light not in       \1/2\ ship's        Percentage
                   Vessel                                Hull No.              other lights and   forward quarter     length aft of        horizontal
                                                                                obstructions.     of ship.  Annex    forward masthead      separation
                                                                                Annex I, sec.       I, sec. 3(a)     Light.  Annex I,      \\attained
                                                                                     2(f)                               sec. 3(a)
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                                                                      * * * * * * *
USS STOUT...................................  DDG 55........................  .................                  X                  X               20.3
 
                                                                      * * * * * * *
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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. E8-11836 Filed 5-27-08; 8:45 am]
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