[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8751-8753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4095]


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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 DEWEY (DDG 105) 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 26, 2009 and is applicable 
beginning February 11, 2009.

FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, 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 number: 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 DEWEY 
(DDG 105) 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),

[[Page 8752]]

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; 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 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 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.

0
For the reasons set forth in the preamble, amend 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 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 numerical order, the 
following entry for USS DEWEY (DDG 105):
0
B. In Table Four, Paragraph 16 by adding, in numerical order, the 
following entry for USS DEWEY (DDG 105):
0
C. In Table Five by adding, in numerical order, the following entry for 
USS DEWEY (DDG 105):


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

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

 
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                                                                    Horizontal distance from the fore and aft
                Vessel                          Number             centerline of the vessel in the athwartship
                                                                                    direction
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                                                  * * * * * * *
USS DEWEY............................  DDG 105................  1.85 meters.
 
                                                  * * * * * * *
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    16. * * *

 
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                Vessel                          Number             Obstruction angle relative ship's headings
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                                                  * * * * * * *
USS DEWEY............................  DDG 105................  109.52 thru 112.50 [degrees].
 
                                                  * * * * * * *
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* * * * *

                                                                       Table Five
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                                                                                                                         After masthead
                                                                                      Masthead lights      Forward      light less than
                                                                                        not over all    masthead light    \1/2\ ship's      Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                     Vessel                                     Number                      and           quarter of        forward         separation
                                                                                       obstructions.    ship. Annex I,  masthead light.      attained
                                                                                       Annex I, sec.      sec. 3(a)      Annex I, sec.
                                                                                            2(f)                              3(a)
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                                                                      * * * * * * *
USS DEWEY.......................................  DDG 105...........................               X                X                X             14.5
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[[Page 8753]]

    Approved: February 11, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. E9-4095 Filed 2-25-09; 8:45 am]
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