[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72685-72686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29771]


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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 ANTIETAM (CG 54) is a vessel of the Navy 
which, due to its special construction and purpose, cannot fully comply 
with certain provisions of the 72

[[Page 72686]]

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 November 26, 2010 and is applicable 
beginning November 17, 2010.

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 ANTIETAM (CG 54) 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 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.

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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 follows:

    Authority:  33 U.S.C. 1605.


0
2. Section 706.2 is amended in Table Five, by revising, in alpha 
numerical order, by vessel number, an entry for USS ANTIETAM (CG 54):


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

* * * * *

                                                                       Table Five
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                                                                                                                    After  masthead
                                                                            Masthead lights    Forward  masthead  light less than \1/     Percentage
                                                                          not over all other     light not in      2\ ship's length       horizontal
                       Vessel                               Number            lights and      forward quarter of    aft of  forward       separation
                                                                             obstructions.      ship. Annex I,      masthead light.        attained
                                                                          Annex I, sec. 2(f)       sec. 3(a)      Annex I, sec. 3(a)
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                                                                      * * * * * * *
USS ANTIETAM........................................                   CG ..................                  X                   X                36.8
 
                                                                      * * * * * * *
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* * * * *

    Approved: November 17, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: November 18, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-29771 Filed 11-24-10; 8:45 am]
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