[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Rules and Regulations]
[Pages 10603-10605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4254]


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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 MESA VERDE (LPD 19) 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: Effective Date: February 6, 2007.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (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 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 MESA VERDE (LPD 19) 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: 
Rule 27, pertaining to the placement of all-round task lights in a 
vertical line; Annex I, paragraph 3(a),

[[Page 10604]]

pertaining to the horizontal distance between the forward and after 
masthead lights; and Annex I, paragraph 2(k), pertaining to the 
vertical separation between anchor lights. 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 different 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.


0
For the reasons set forth in the preamble, the Navy Department 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:

    Authority: 33 U.S.C. 1605.


0
2. Table Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS MESA VERDE:


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

* * * * *

                                                                       Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Forward
                                                                                        Side lights     Stern        anchor
                                                   Masthead   Side lights  Stern light    distance      light,       light,     Anchor lights relation-
                                                  lights arc     arc of       arc of     inboard of    distance      height       ship of aft light to
              Vessel                    No.           of      visibility;  visibility;     ship's     forward of   above hull   forward light in meters
                                                 visibility;   rule 21(b)   rule 21(c)    sides in     stern in    in meters;         2(K) annex 1
                                                  rule 21(a)                            meters 3(b)    meters;     2(K) annex
                                                                                          annex 1     rule 21(c)       1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS MESA VERDE....................       LPD 19  ...........  ...........  ...........  ...........  ...........  ...........  1.42m below.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Table Four, in Paragraph 20 of Sec.  706.2, is amended by adding, in 
numerical order, the following entry for USS MESA VERDE (LPD 19):


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

* * * * *

------------------------------------------------------------------------
                                                               Angle in
                                                              degrees of
                                                             task lights
                                                                 off
               Vessel                          No.           vertical as
                                                             viewed from
                                                               directly
                                                               ahead or
                                                                astern
------------------------------------------------------------------------
USS MESA VERDE.....................  LPD 19................           10
------------------------------------------------------------------------


0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS MESA VERDE:


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 mast-
                                                             Masthead      Forward     head light
                                                            lights not     masthead     less than
                                                             over all     light not   \1/2\ ship's   Percentage
                   Vessel                        No.       other lights   in forward   length aft    horizontal
                                                               and        quarter of   of forward    separation
                                                          obstructions.  ship. Annex    masthead      attained
                                                          Annex I, sec.    I, sec.    light. Annex
                                                               2(f)          3(a)     I, sec. 3(a)
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                                                  * * * * * * *
USS MESA VERDE.............................       LPD 19  .............  ...........            X          70.9
 
                                                  * * * * * * *
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[[Page 10605]]

    Approved: February 6, 2007.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. E7-4254 Filed 3-8-07; 8:45 am]
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