[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Rules and Regulations]
[Pages 19132-19134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9618]


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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 YORK (LPD 21) 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 April 28, 2009 and is applicable 
beginning April 15, 2009.

FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate

[[Page 19133]]

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), under authority 
delegated by the Secretary of the Navy, has certified that USS NEW YORK 
(LPD 21) 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: Rule 27, pertaining to the placement of all-round task lights in 
a vertical line; Annex I, paragraph 3(a), pertaining to the horizontal 
distance between the forward and after masthead lights; and Annex I, 
paragraph 2(k), pertaining to the vertical separation between anchor 
lights. 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 as follows:

    Authority:  33 U.S.C. 1605.

0
2. Section 706.2 is amended as follows:
0
A. In Table Three, by adding, in alphanumerical order by vessel number, 
the following entry for USS NEW YORK (LPD 21):
0
B. In Table Four, Paragraph 20 by adding, in alphanumerical order by 
vessel number, the following entry for USS NEW YORK (LPD 21):
0
C. In Table Five, by adding, in alphanumerical order by vessel number, 
the following entry for USS NEW YORK (LPD 21):


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

* * * * *

                                                                       Table Three
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                                                                                                                           Forward
                                                    Masthead                                 Side lights  Stern light,     anchor        Anchor lights
                                                   lights arc    Side lights   Stern light    distance      distance       light,       relationship of
             Vessel                   Number           of          arc of        arc of      inboard of    forward of   height above     aft light to
                                                   visibility;   visibility;   visibility;  ship's sides    stern in       hull in     forward light in
                                                   rule 21(a)    rule  21(b)   rule  21(c)    in meters   meters; rule  meters; 2(k)   meters 2(k) Annex
                                                                                            3(b) Annex 1      21(c)        Annex 1             1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS NEW YORK...................  LPD 21.........  ............  ............  ............  ............  ............  ............  1.75m below.
 
                                                                      * * * * * * *
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* * * * *

 Table Four

* * * * * * *
    20. * * *

------------------------------------------------------------------------
                                                     Angle in degrees of
                                                       task lights off
             Vessel                    Number        vertical as viewed
                                                     from directly ahead
                                                          or astern
------------------------------------------------------------------------
 
                              * * * * * * *
 USS NEW YORK..................   LPD21...........                    10
------------------------------------------------------------------------

* * * * *

                                                   Table Five
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                                                                                          After
                                                            Masthead                    masthead
                                                           lights not      Forward     light less
                                                            over all      masthead     than \1/2\    Percentage
                                                          other lights  light not in     ship's      horizontal
              Vessel                       Number             and          forward     length aft    separation
                                                         obstructions.   quarter of    of forward     attained
                                                         Annex I, sec.   ship. Annex    masthead
                                                              2(f)      I, sec. 3(a)  light. Annex
                                                                                      I, sec. 3(a)
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                                                  * * * * * * *
 USS NEW YORK.....................   LPD 21............  .............  ............            X          71.0
                                                  * * * * * * *
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[[Page 19134]]

* * * * *
M. Robb Hyde,
Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).

    Dated: April 22, 2009.
A.M. Vallandingham,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. E9-9618 Filed 4-27-09; 8:45 am]
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