[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Rules and Regulations]
[Pages 49099-49100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19163]


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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) of the Navy has determined 
that USS LABOON (DDG 58) is a vessel of the Navy which, due to its 
special construction and purpose, cannot comply fully 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 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) of the Navy, under 
authority delegated by the Secretary of the Navy, has certified that 
USS LABOON (DDG 58) is a vessel of the Navy which, due to its special 
construction and purpose, cannot comply fully with the following 
specific provision 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) 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 Four paragraph 16 by removing the entry, in numerical 
order, for USS LABOON (DDG 58); and
0
B. In Table Five by revising, in numerical order, the following entry 
for USS LABOON (DDG 58):


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

* * * * *

                                                                       Table Five
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                                                                                                                         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)
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                                                                      * * * * * * *
USS LABOON.........................................................          DDG 58                X                X                X             20.3
 
                                                                      * * * * * * *
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[[Page 49100]]

    Approved: August 7, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. E8-19163 Filed 8-19-08; 8:45 am]
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