[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33208-33209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13138]


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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) of the DoN has determined that USS THEODORE ROOSEVELT (CVN 71) is 
a vessel of the Navy which, due to its special construction and 
purpose, cannot comply fully 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 June 4, 2013 and is applicable beginning 
May 20, 2013.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 
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 DoN amends 32 CFR Part 706.
    This amendment provides notice that the DAJAG (Admiralty and 
Maritime Law) of the DoN, under authority delegated by the Secretary of 
the Navy,

[[Page 33209]]

has certified that USS THEODORE ROOSEVELT (CVN 71) is a vessel of the 
Navy which, due to its special construction and purpose, cannot comply 
fully with the following specific provisions of 72 COLREGS without 
interfering with its special function as a naval ship: Annex I, 
paragraph 2(g), pertaining to the placement of the sidelights above the 
hull; and Annex I, paragraph 2(i) (iii), pertaining to the vertical 
line spacing of the task lights. 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, amend part 706 of title 
32 of the CFR 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:

    Authority:  33 U.S.C. 1605


0
2. Section 706.2 is amended as follows:
0
A. In Table Two by revising the entry for USS THEODORE ROOSEVELT (CVN 
71); and
0
B. In Table Four by adding the following entry for USS THEODORE 
ROOSEVELT (CVN 71).
    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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                                                                        Table Two
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                                                                                                                                    Side
                                                                 Forward                  AFT anchor                   Side       lights,        Side
                                                    Masthead      anchor      Forward       light,                   lights,      distance     lights,
                                                    lights,       light,       anchor      distance    AFT anchor    distance    forward of    distance
                                                  distance to    distance      light,       below        light,       below       forward     inboard of
            Vessel                   Number         stbd of       below      number of;   flight dk    number of;   flight dk     masthead      ship's
                                                    keel in     flight dk       Rule      in meters;      Rule      in meters;    light in     sides in
                                                    meters;     in meters;    30(a)(i)   Rule 21(e),   30(a)(ii)     Sec.   2     meters;      meters;
                                                   Rule 21(a)      Sec.                      Rule                   (g), Annex      Sec.         Sec.
                                                               2(K), Annex                30(a)(ii)                     I       3(b), Annex  3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------I-----
USS THEODORE ROOSEVELT........  CVN 71..........         30.0           --  ...........           --  ...........         0.43           --           --
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                               Table Four
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                                                    Vertical separation
                                                     of the task light
                                                    array is not equally
                                                        spaced, the
                                                     separation between
            Vessel                      No          the middle and lower
                                                   task light exceed the
                                                     separation between
                                                    the upper and middle
                                                          light by
------------------------------------------------------------------------
USS THEODORE ROOSEVELT........  CVN 71...........  0.18 meter
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* * * * *

A. B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
C. K. Chiappetta,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2013-13138 Filed 6-3-13; 8:45 am]
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