[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Rules and Regulations]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29435]


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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 SAN FRANCISCO (SSN 711) 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 December 12, 2008 and is applicable 
beginning 20 November 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 General (Admiralty and Maritime Law) of the Navy, under 
authority delegated by the Secretary of the Navy, has certified that 
USS SAN FRANCISCO (SSN 711) 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 
location of the masthead lights over the fore and aft centerline 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 SAN FRANCISCO (SSN 711):


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

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                                                                        Table Two
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                                                                                                                                       Side
                                                                        Forward                                                      lights,      Side
                                                                         anchor               AFT anchor                   Side      distance   lights,
                                                            Masthead     light,    Forward      light,                   lights,     forward    distance
                                                            lights,     distance    anchor     distance    AFT anchor    distance       of      inboard
                                                          distance to    below      light,      below        light,       below      forward   of ship's
                    Vessel                       Number     stbd of    flight dk    number    flight dk    number of;   flight dk    masthead   sides in
                                                            keel in        in      of; Rule   in meters;      Rule     in  meters;   light in   meters;
                                                            meters;     meters;    30(a)(i)  Rule 21(e),   30(a)(ii)       Sec.      meters;      Sec.
                                                           Rule 21(a)     Sec.                   Rule                     2(g),        Sec.      3(b),
                                                                         2(K),                30(a)(ii)                  Annex I      3(b),     Annex I
                                                                        Annex I                                                      Annex I
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                                                                      * * * * * * *
USS SAN FRANCISCO............................    SSN 711      0.41
 
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[[Page 75592]]

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    Approved: November 20, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
 [FR Doc. E8-29435 Filed 12-11-08; 8:45 am]
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