[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Rules and Regulations]
[Pages 49098-49099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19159]


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

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 of the Navy (Admiralty and Maritime 
Law) has determined that USS MAKIN ISLAND (LHD 8) 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 functions 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 August 20, 2008 and is applicable 
beginning 7 August 2008.

FOR FURTHER INFORMATION CONTACT: Commander Robb M. 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 of the Navy (Admiralty and Maritime Law), under 
authority delegated by the Secretary of the Navy, has certified that 
USS MAKIN ISLAND (LHD 8) 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: Rule 21(a), pertaining to 
the location of the masthead lights over the fore and aft centerline of 
the ship; Annex I, section 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; 
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, section 2(g), pertaining to the distance of the sidelights 
above the hull; and Annex I, section 3(b), pertaining to the 
positioning of the sidelights in relationship to the forward masthead 
light. The Deputy Assistant Judge Advocate General of the Navy 
(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 32 CFR Part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.


0
2. Section 706.2 is amended as follows:
0
A. In Table Two by adding, in numerical order, the following entry for 
USS MAKIN ISLAND (LHD 8);
0
B. In Table Four by adding paragraph Six, in numerical order, the 
following entry for USS MAKIN ISLAND (LHD 8); and
0
C. In Table Five by adding, in numerical order, the following entry for 
USS MAKIN ISLAND (LHD 8):


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

* * * * *

                                                                        Table Two
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Forward                  AFT anchor
                                                                anchor                    light,                               Side lights,      Side
                                                 Masthead       light,      Forward      distance                Side lights,    distance      lights,
                                                  lights,      distance      anchor       below      AFT anchor    distance     forward of     distance
                                                distance to     below        light,     flight dk      light,    below flight     forward     inboard of
             Vessel                   No.      stbd of keel   flight dk    number of;   in meters;   number of;      dk in       masthead       ship's
                                                in  meters;   in meters;      Rule     Rule 21(e),      Rule     meters; Sec.    light in      sides in
                                                Rule 21(a)       Sec.       30(a)(i)       Rule      30(a)(ii)        2(g),    meters; Sec.    meters;
                                                                2(K),                   30(a)(ii)                   Annex I         3(b),        Sec.
                                                             Annex I \6\                   \6\                                    Annex I       3(b),
-----------------------------------------------------------------------------------------------------------------------------------------------Annex I--
 
                                                                      * * * * * * *
USS MAKIN ISLAND...............        LHD 8          8.97   ...........  ...........  ...........  ...........         3.08         89.52   ...........
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\6\ On the following ships the arc of visibility of the after masthead light required by Rule 23(a)(ii) and Annex I, section 2(f) may be obstructed from
  the right ahead on certain naval ships as follows: USS MAKIN ISLAND (LHD 8)--5[deg]17'.


[[Page 49099]]


                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                 After masthead
                                              Masthead lights      Forward      light less than
                                                not over all    masthead light    \1/2\ ship's      Percentage
                                                other lights    not in forward   length aft of      horizontal
           Vessel                  No.              and           quarter of        forward         separation
                                               obstructions.    ship; Annex I,  masthead light;      attained
                                               Annex I, sec.      sec. 3(a)      Annex I, sec.
                                                    2(f)                              3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS MAKIN ISLAND...........           LHD 8   ...............               X                X             40.9
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Approved: August 7, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. E8-19159 Filed 8-19-08; 8:45 am]
BILLING CODE 3810-FF-P