[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Rules and Regulations]
[Pages 30254-30255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12962]


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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 (DoN) 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 (DAJAG) (Admiralty and Maritime 
Law) has determined that USS CALIFORNIA (SSN 781) 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 May 25, 2011 and is applicable beginning 
May 13, 2011.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jaewon Choi, (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 DoN amends 32 CFR Part 706.
    This amendment provides notice that the DAJAG (Admiralty and 
Maritime Law), under authority delegated by the Secretary of the Navy, 
has certified that USS CALIFORNIA (SSN 781) 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 vertical placement of the masthead 
light; Annex I, paragraph 2(k), pertaining to the vertical separation 
of the anchor lights and

[[Page 30255]]

vertical placement of the forward anchor light above the hull; 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 DAJAG (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.

    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 CALIFORNIA (SSN 781); and
0
B. In Table Three by adding, in alpha numerical order, by vessel 
number, an entry for USS CALIFORNIA (SSN 781).


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 CALIFORNIA.................  SSN 781..........                  2.76
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       Table Three
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                                                                                                                              Forward
                                                                                                Side lights  Stern light,     anchor      Anchor lights
                                                Masthead lights    Side lights    Stern light    distance      distance       light,     relationship of
            Vessel                   No.             arc 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
                                                   rule 21(a)      rule 21(b)     rule 21(c)     in meters   meters; rule  meters; 2(K)   in meters 2(K)
                                                                                               3(b) annex 1      21(c)        annex 1        annex 1
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                                                                      * * * * * * *
USS CALIFORNIA...............  SSN 781........  ...............  ..............    205.1[deg]          4.37         11.05           2.8  0.30 below.
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* * * * *

    Approved: May 13, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
    Dated: May 19, 2011.
D.J. Werner,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2011-12962 Filed 5-24-11; 8:45 am]
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