[Federal Register Volume 75, Number 29 (Friday, February 12, 2010)]
[Rules and Regulations]
[Pages 6858-6859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2995]


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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 PHILIPPINE SEA (CG 58) 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 February 12, 2010 and is applicable 
beginning 1 February 2010.

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 
PHILIPPINE SEA (CG 58) 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 3(a), 
pertaining to the horizontal distance between the forward and after 
masthead 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.

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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 in Table Five by revising the entry for USS 
PHILIPPINE SEA (CG 58), to 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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                                                                       Table Five
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                                                                                                                    After masthead
                                                                            Masthead lights    Forward masthead   light less than \1/
                                                                          not over all other     light not in      2\ ship's length       Percentage
                 Vessel                                No.                    lights and      forward quarter of    aft of forward        horizontal
                                                                             obstructions.      ship. Annex I,      masthead light.       separation
                                                                           Annex I, section      section 3(a)      Annex I, section        attained
                                                                                 2(f)                                    3(a)
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                                                                      * * * * * * *
USS PHILIPPINE SEA.....................  CG 53..........................  ..................                  X                   X                36.8
 
                                                                      * * * * * * *
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[[Page 6859]]

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    Approved: February 1, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 2010-2995 Filed 2-11-10; 8:45 am]
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