[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Pages 25437-25438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12021]


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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) of the Navy has determined 
that USS PORTER (DDG 78) 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: February 24, 1999.

FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy, 
Admiralty Counsel, Office of the Judge Advocate General, Navy 
Department, Washington Navy Yard, Washington, 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) of the Navy, under authority delegated by the 
Secretary of the Navy, has certified that USS PORTER (DDG 78) 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) pertaining to placement of the masthead 
light or lights above and clear of all other lights and obstructions, 
and 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. The Deputy 
Assistant Judge Advocate General (Admiralty) 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), Vessels.
    Accordingly, 32 CFR Part 706 is amended as follows:

PART 706--[AMENDED]

    1. The authority citation for 32 CFR Part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.

    2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for USS PORTER, and Table Five of 
Sec. 706.2 is amended by adding, in numerical order, the following 
entry for USS PORTER:


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

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[[Page 25438]]



 
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                                                                            Obstruction angle relative ship's
                  Vessel                                No.                              headings
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*                  *                  *                  *                  *                  *
                                                        *
USS PORTER...............................  DDG 78......................  104.60 THRU 112.50 deg.
 
*                  *                  *                  *                  *                  *
                                                        *
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* * * * *

                                                                       Table Five
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                                                                                                             After masthead light
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage
             Vessel                      No.            all other lights and    not in forward quarter of    length aft of forward        horizontal
                                                       obstructions. annex I,    ship. annex I, sec. 3(a)  masthead light, annex I,  separation attained
                                                             sec. 2(f)                                             sec. 3(a)
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                   *                  *                  *                  *                  *                  *                  *
USS PORTER......................  DDG 78             X........................  X........................  X.......................  13.5
 
                   *                  *                  *                  *                  *                  *                  *
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    Dated: February 24, 1999.

R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty).
[FR Doc. 99-12021 Filed 5-11-99; 8:45 am]
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