[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44287-44288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20746]



[[Page 44287]]

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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 MEXICO (SSN 779) 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 28, 2009 and is applicable 
beginning 20 August 2009.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, 
(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), under authority 
delegated by the Secretary of the Navy, has certified that USS NEW 
MEXICO (SSN 779) 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: Annex I, paragraph 2(a)(i), pertaining to the 
height placement of the masthead light above the hull; Annex I, 
paragraph 2(k), pertaining to the height and relative positions of the 
anchor lights; Annex I, paragraph 3(b), pertaining to the location of 
the sidelights; and Rule 21(c), pertaining to the location and arc of 
visibility of the sternlight. 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, 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 One by adding, in alpha numerical order, by vessel number, 
an entry for USS NEW MEXICO (SSN 779); and
0
B. In Table Three by adding, in alpha numerical order, by vessel 
number, an entry for USS NEW MEXICO (SSN 779).
    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.

* * * * *

                                Table One
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                                                     Distance in meters
                                                     of forward masthead
                                                     light below minimum
                 Vessel                    Number   required height Sec.
                                                       2(a)(i), Annex I
 
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                              * * * * * * *
USS NEW MEXICO.........................    SSN 779                  2.76
 
                              * * * * * * *
------------------------------------------------------------------------

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[[Page 44288]]



                                                                       Table Three
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                                                                                                                                 Forward       Anchor
                                                                                                     Side lights     Stern        anchor       lights
                                                                Masthead   Side lights  Stern light    distance      light,       light,    relationship
                                                               lights arc     arc of       arc of     inboard of    distance      height    of aft light
                Vessel                         Number              of      visibility;  visibility;     ship's     forward of   above hull   to forward
                                                              visibility;   rule 21(b)   rule 21(c)    sides in     stern in    in meters;    light in
                                                               rule 21(a)                            meters 3(b)    meters;     2(K) annex   meters 2(K)
                                                                                                       annex 1     rule 21(c)       1          annex 1
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                                                                      * * * * * * *
USS NEW MEXICO.......................  SSN 779..............  ...........  ...........   206.4[deg]         4.37        11.05          2.8   0.30 below.
 
                                                                      * * * * * * *
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    Approved: August 20, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. E9-20746 Filed 8-27-09; 8:45 am]
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