[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Rules and Regulations]
[Pages 24695-24696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12049]


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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) of the 
Navy has determined that USS Carl Vinson (CVN 70) 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 May 26, 2009 and is applicable beginning 
May 14, 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.
    The Secretary of the Navy previously certified that USS Carl Vinson 
(CVN 70) is a vessel of the Navy which, due to its special construction 
and purpose, cannot fully comply with 72 COLREGS. This amendment 
provides notice that the Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law) of the Navy, under authority delegated by 
the Secretary of the Navy, has amended that certification to reflect 
that the forward and aft anchor lights on USS Carl Vinson (CVN 70), 
previously certified as not in compliance with 72 COLREGS, now comply 
with the applicable 72 COLREGS requirements, to wit: The two forward 
and the two aft anchor lights located below the flight deck were 
removed and replaced by one single forward and one single aft anchor 
light above the hull and near ship's fore-aft centerline, as required 
by Rules 21(a), 21(e), 30(a)(i), 30(a)(ii) and Annex 1, Section 2(g).
    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 32 CFR part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.

0
2. Section 706.2 is amended in Table Two by revising the entry for USS 
CARL VINSON (CVN 70) to read as follows:

[[Page 24696]]

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

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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
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                                                                      * * * * * * *
USS CARL VINSON....................      CVN-70         30.1   ...........           1   ...........           1         0.53   ...........  ...........
 
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    Approved: May 14, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law)
[FR Doc. E9-12049 Filed 5-22-09; 8:45 am]
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