[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Rules and Regulations]
[Pages 30803-30804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11357]


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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 of the Navy (Admiralty and Maritime 
Law) 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 8, 2002.

FOR FURTHER INFORMATION CONTACT: Captain Richard T. Evans, JAGC, U.S.

[[Page 30804]]

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 of the Navy (Admiralty and Maritime Law), 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 of the Navy (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.


    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 16 of Sec. 706.2 is amended by revising 
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.

* * * * *

------------------------------------------------------------------------
                                                    Obstruction angle
              Vessel                  Number    relative ship's headings
------------------------------------------------------------------------
 
*                  *                  *                  *
                            *                  *
USS PORTER.......................       DDG 78                  108.43
                                                 thru 112.50 deg..
 
*                  *                  *                  *
                            *                  *
------------------------------------------------------------------------


    3. Table Five of Sec. 706.2 is amended by revising 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.

* * * * *

                                                                       Table Five
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                                                                                                                       After masthead
                                                                               Masthead lights    Forward masthead   light less than \1/    Percentage
                                                                             not over all other     light not in      2\ ship's length      horizontal
                            Vessel                                Number         lights and      forward quarter of    aft of forward       separation
                                                                                obstructions.      ship. annex I,      masthead light.      attained.
                                                                             annex I, sec. 2(f)       sec. 3(a)      annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                            *                  *                  *                  *                  *                  *
USS PORTER...................................................       DDG 78                   X                   X                   X             14.4
 
                            *                  *                  *                  *                  *                  *
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    Dated: February 8, 2002.
Richard T. Evans,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 02-11357 Filed 5-7-02; 8:45 am]
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