[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47210-47211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19206]


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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 RUSSELL (DDG 59) 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 5, 2010 and is applicable 
beginning July 23, 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 RUSSELL 
(DDG 59) 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; and, Rule 21(a) 
pertaining to the forward masthead light arc of visibility. 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, 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

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1. The authority citation for part 706 continues to read as follows:

     Authority:  33 U.S.C. 1605.


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2. Section 706.2 is amended in Table Four, Paragraph 16 by revising, in 
alpha numerical order, by vessel number, an entry for USS RUSSELL (DDG 
59):


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 Four--Paragraph 16
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                Vessel                          Number             Obstruction angle relative ship's headings
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                                                  * * * * * * *
USS RUSSELL..........................  DDG 59.................  103.66 thru 112.50.[deg]
 
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[[Page 47211]]

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    Approved: July 23, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
    Dated: July 28, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-19206 Filed 8-4-10; 8:45 am]
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