[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Rules and Regulations]
[Pages 63375-63376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25426]


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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) of the 
Navy has determined that USS GEORGE H. W. BUSH (CVN 77) 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 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 October 24, 2008 and is applicable 
beginning 14 October 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 number: 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

[[Page 63376]]

General (Admiralty and Maritime Law) of the Navy, under authority 
delegated by the Secretary of the Navy, has certified that USS GEORGE 
H. W. BUSH (CVN 77) is a vessel of the Navy which, due to its special 
construction and purpose, cannot comply fully with the following 
specific provisions of 72 COLREGS without interfering with its special 
function as a naval ship: Rule 21(a), pertaining to the placement of 
the masthead lights over the fore and aft centerline of the ship; Annex 
I, paragraph 2(g), pertaining to the placement of the sidelights above 
the hull; and Annex I, paragraph 3(a), pertaining to the placement of 
the forward masthead light in the forward quarter of the ship. 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 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 GEORGE H. W. BUSH (CVN 77):
0
B. In Table Five by adding, in numerical order, the following entry for 
USS GEORGE H. W. BUSH (CVN 77):


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

* * * * *

                                                                        Table Two
                                                                      * * * * * * *
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                                                                                                                                    Side
                                                                 Forward                  Aft anchor                   Side       lights,        Side
                                                    Masthead      anchor      Forward       light,                   lights,      distance     lights,
                                                    lights,       light,       anchor      distance    Aft anchor    distance    forward of    distance
                                                  distance to    distance      light,       below        light,       below       forward     inboard of
            Vessel                   Number         stbd of       below      number of;   flight dk    number of;   flight dk     masthead      ship's
                                                    keel in     flight dk       Rule      in meters;      Rule      in meters;    light in     sides in
                                                    meters;     in meters;    30(a)(i)   Rule 21(e),   30(a)(ii)     Sec.   2     meters;      meters;
                                                   Rule 21(a)      Sec.                      Rule                   (g), Annex      Sec.         Sec.
                                                               2(K), Annex                30(a)(ii)                     I       3(b), Annex  3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------I-----
USS GEORGE H. W. BUSH.........  CVN-77..........        31.09  ...........  ...........  ...........  ...........         0.46  ...........  ...........
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                                                                       Table Five
                                                                      * * * * * * *
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                                                                                                                      After masthead
                                                                              Masthead lights    Forward masthead    light less than
                                                                                not over all       light not in        \1/2\ ship's        Percentage
                   Vessel                                Number               other lights and  forward quarter of    length aft of        horizontal
                                                                               obstructions,      ship, Annex I,     forward masthead      separation
                                                                               Annex I, sec.         sec. 3(a)       light, Annex I,        attained
                                                                                    2(f)                                sec. 3(a)
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USS GEORGE H. W. BUSH......................  CVN-77........................  .................                  X   .................  .................
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* * * * *

M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
 [FR Doc. E8-25426 Filed 10-23-08; 8:45 am]
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