[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38921-38922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15401]



[[Page 38921]]

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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 NEW HAMPSHIRE (SSN 778) 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 July 8, 2008 and is applicable beginning 
June 27, 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 NEW 
HAMPSHIRE (SSN 778) 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 
height placement of the masthead light above the hull; Annex I, 
paragraph 2(k), pertaining to the height and relative positions of the 
anchor lights; Annex I, paragraph 3(b), pertaining to the location of 
the sidelights; and Rule 21(c), pertaining to the location and arc of 
visibility of the sternlight.
    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. Section 706.2 is amended as follows:
    A. In Table One by adding, in numerical order, the following entry 
for USS NEW HAMPSHIRE (SSN 778); and
    B. In Table Three by adding, in numerical order, the following 
entry for USS NEW HAMPSHIRE (SSN 778):


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

* * * * *

                                Table One
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                                                     Distance in meters
                                                     of forward masthead
                                                     light below minimum
             Vessel                    Number         required height.
                                                       Sec.   2(a)(i),
                                                           Annex I
------------------------------------------------------------------------
 
                              * * * * * * *
USS NEW HAMPSHIRE..............  SSN 778..........                  2.90
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       Table Three
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                                                                                                                               Forward     Anchor lights
                                                                                                 Side lights  Stern light,     anchor      relationship
                                                Masthead lights  Side lights arc   Stern light    distance      distance       light,      of aft light
            Vessel                   No.             arc of       of visibility;     arc of      inboard of    forward of   height above    to forward
                                                  visibility;       rule 21(b)     visibility;  ship's sides    stern in       hull in       light in
                                                   rule 21(a)                      rule 21(c)     in meters   meters; rule  meters; 2(K)    meters 2(K)
                                                                                                3(b) annex 1      21(c)        annex 1        annex 1
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                                                                      * * * * * * *
USS NEW HAMPSHIRE............  SSN 778........  Meets            Meets              205.6[deg]          4.37         11.05           2.8  0.30 below.
                                                 Requirement.     Requirement.

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    Approved: June 27, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. E8-15401 Filed 7-7-08; 8:45 am]
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