[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Rules and Regulations]
[Pages 35585-35587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14195]


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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 STOCKDALE (DDG 106) 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 June 24, 2008 and is applicable beginning 
13 June 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

[[Page 35586]]

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 STOCKDALE (DDG 106) 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 the 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 ship, 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 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 15 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS STOCKDALE (DDG 106):


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

* * * * *

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                                                                    Horizontal distance from the fore and aft
                Vessel                          Number             centerline of the vessel in the athwartship
                                                                                    direction
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
USS STOCKDALE........................  DDG 106................  1.90 meters.
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Table Four, Paragraph 16 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS STOCKDALE (DDG 106):


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

* * * * *

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                                                                   Obstruction angle relative ship's headings
                Vessel                          Number                              (degrees)
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
USS STOCKDALE........................  DDG 106................  107.08 thru 112.50.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS STOCKDALE (DDG 106):


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 masthead
                                                                            Masthead lights    Forward  masthead  light less than \1/     Percentage
                                                                          not over all other     light not in      2\ ship's length       horizontal
                       Vessel                                 No.             lights and      forward quarter of    aft of forward        separation
                                                                             obstructions.      ship. Annex I,      masthead light.        attained
                                                                          Annex I, sec. 2(f)       sec. 3(a)      Annex I, sec. 3(a)
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                                                                      * * * * * * *
USS STOCKDALE.......................................            DDG 106                   X                   X                   X                14.5
 
                                                                      * * * * * * *
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[[Page 35587]]

    Approved: June 13, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. E8-14195 Filed 6-23-08; 8:45 am]
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