[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42604-42605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20280]


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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 PROVIDENCE (SSN 719) 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 August 24, 2009 and is applicable 
beginning August 13, 2009.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, JAGC, 
U.S. Navy, Admiralty Attorney, (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 
PROVIDENCE (SSN 719) 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 21(a), pertaining to the placement of 
the masthead light on the ship's fore and aft centerline. 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.


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For the reasons set forth in the preamble, the Navy amends 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 Two by adding, in alpha numerical order by vessel number, 
an entry for USS PROVIDENCE (SSN 719);
    The additions read as follows:


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

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[[Page 42605]]



                                                                        Table Two
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                                                                        Forward               AFT anchor                             Side        Side
                                                           Masthead     anchor                  light,                   Side       lights,     lights,
                                                            lights      light,      Forward    distance                 lights,    distance    distance
                                                           distance    distance     anchor       below    AFT anchor   distance     forward   inboard of
                                                          to stbd of     below      light,     flight dk    light,       below     masthead     ship's
               Vessel                       Number          keel in    flight dk  number of;  in meters;  number of;   flight dk   light in    sides in
                                                            meters;   in meters;     Rule        Rule        Rule     in meters;    meters;     meters;
                                                            Rule 21      Sec.      30(a)(i)     21(e),     30(a)(ii)     Sec.        Sec.        Sec.
                                                              (a)        2(K),                   Rule                    2(g),       3(b),       3(b),
                                                                        Annex I                30(a)(ii)                Annex I     Annex I     Annex I
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                                                                      * * * * * * *
USS PROVIDENCE.....................  SSN 719............       0.41           X           X           X           X           X           X           X
 
                                                                      * * * * * * *
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    Approved: August 13, 2009.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), 
Acting.
[FR Doc. E9-20280 Filed 8-21-09; 8:45 am]
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