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[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8894-8895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3530]

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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 SPRUANCE (DDG 111) 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 16, 2011 and is applicable 
beginning February 9, 2011.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jaewon Choi, 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), under authority delegated by the Secretary of the Navy, 
has certified that USS SPRUANCE (DDG 111) 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(f)(i), pertaining to the placement of the masthead light or 
lights above and clear of all other lights and obstructions; Annex I, 
paragraph 2(f)(ii), pertaining to the vertical placement of task 
lights; Rule 21(a), pertaining to the arc of visibility of the forward 
masthead light; Annex I, paragraph 3(a), pertaining to the location of 
the forward masthead light in the forward quarter of the ship, and the 
horizontal distance between the forward and after masthead lights; and 
Annex I, paragraph 3(c), pertaining to placement of task lights not 
less than two meters from the fore and aft centerline of the ship in 
the athwartship direction. 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 as follow:

    Authority: 33 U.S.C. 1605.

0
2. Section 706.2 is amended as follows:
0
A. In Table Four, Paragraph 15 by adding, in alpha numerical order, by 
vessel number, an entry for USS SPRUANCE (DDG 111);
0
B. In Table Four, Paragraph 16 by adding, in alpha numerical order, by 
vessel number, an entry for USS SPRUANCE (DDG 111); and
0
C. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS SPRUANCE (DDG 111):

Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *
Table Four
0
15. * * *

[[Page 8895]]

------------------------------------------------------------------------
                                                     Horizontal distance
                                                      from the fore and
                                                     aft  centerline of
           Vessel                    Number           the vessel in the
                                                         athwartship
                                                          direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS SPRUANCE................  DDG 111.............  1.90 meters.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
16. * * *

------------------------------------------------------------------------
                                                      Obstruction angle
           Vessel                    Number            relative ship's
                                                          headings
------------------------------------------------------------------------
 
                              * * * * * * *
USS SPRUANCE................  DDG 111.............  107.48 thru 112.50
                                                     [degrees].
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       Table Five
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                                                                                                                   After masthead
                                                                      Masthead lights not    Forward masthead   light less than \1/
                                                                         over all other        light not in       2\ ship's length        Percentage
                 Vessel                             Number                 lights and       forward quarter of     aft of forward         horizontal
                                                                      obstructions. Annex  ship. Annex I, sec.    masthead light.    separation attained
                                                                          I, sec. 2(f)             3(a)          Annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS SPRUANCE............................  DDG 111...................                   X                    X                    X                 14.9
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Approved: February 9, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: February 9, 2011.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2011-3530 Filed 2-15-11; 8:45 am]
BILLING CODE 3810-FF-P
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