[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68511-68513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30418]


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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.

* * * * *

------------------------------------------------------------------------
                                               Horizontal distance from
                                             the fore and aft centerline
            Vessel                 Number        of the vessel in the
                                                athwartship direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS PINCKNEY..................  DDG 91.....  1.87 meters.
 
                              * * * * * * *
------------------------------------------------------------------------


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.

* * * * *

------------------------------------------------------------------------
                                              Obstruction angle relative
            Vessel                 Number          ship's headings
------------------------------------------------------------------------
 
                              * * * * * * *
USS PINCKNEY..................  DDG 91.....  107.07 thru 112.50[deg]
 
                              * * * * * * *
------------------------------------------------------------------------


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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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]
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