[Federal Register: December 9, 2003 (Volume 68, Number 236)]
[Rules and Regulations]
[Page 68511-68513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de03-14]
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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 PINCKNEY (DDG 91) 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.
EFFECTIVE DATE: June 16, 2003.
FOR FURTHER INFORMATION CONTACT: Commander Scott A. Kenney, 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
[[Page 68512]]
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 PINCKNEY (DDG 91) 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
location of the forward masthead light in the forward quarter of the
vessel, and the horizontal distance between the forward and after
masthead lights; 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; 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; and Annex I, paragraph
2(f)(ii), pertaining to the vertical placement of task 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 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
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
0
1. The authority citation for 32 CFR Part 706 continues to read as
follows:
Authority: 33 U.S.C. 1605.
0
2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS PINCKNEY:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
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Horizontal distance from
the fore and aft centerline
Vessel Number of the vessel in the
athwartship direction
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* * * * * * *
USS PINCKNEY.................. DDG 91..... 1.87 meters.
* * * * * * *
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0
3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS PINCKNEY:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
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Obstruction angle relative
Vessel Number ship's headings
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* * * * * * *
USS PINCKNEY.................. DDG 91..... 107.07 thru 112.50[deg]
* * * * * * *
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0
4. Table Five of Sec. 706.2 is amended by adding, in numerical order,
the following entry for USS PINCKNEY:
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 not Forward masthead light less than \1/
over all other light not in 2\ ship's length Percentage
Vessel No. 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)
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* * * * * * *
USS PINCKNEY.............................. DDG 91.................. X X X 14.4
* * * * * * *
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[[Page 68513]]
Dated: June 16, 2003.
S.A. Kenney,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. 03-30418 Filed 12-8-03; 8:45 am]