[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68513-68514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30419]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 CHAFEE (DDG 90) 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 11, 2003.

FOR FURTHER INFORMATION CONTACT: Captain James H. Hohenstein, JAGC, 
U.S. Navy Reserve, Deputy Assistant Judge Advocate General (Admiralty 
and Maritime Law)(Acting), 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 (Admiralty and Maritime Law), under authority delegated by the 
Secretary of the Navy, has certified that USS CHAFEE (DDG 90) 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 CHAFEE:


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 of
              Vessel                     Number       the vessel in the
                                                         athwartship
                                                          direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS CHAFEE........................          DDG 90          1.90 meters
 
                              * * * * * * *
------------------------------------------------------------------------

0
3. Table Four, paragraph 16 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS CHAFEE:


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 CHAFEE...........................................................          DDG 90   108.88 thru 112.50[deg]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 68514]]

    4. Table Five of Sec.  706.2 is amended by adding, in numerical 
order, the following entry for USS CHAFEE:


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

* * * * *

                                                                       Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    After masthead
                                                                            Masthead lights    Forward masthead   light less than 1/      Percentage
                                                                          not over all other     light not in      2 x ship's length      horizontal
                          Vessel                                 No.          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 CHAFEE................................................       DDG 90                   X                   X                   X                14.6
 
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    *Dated: June 11, 2003.
J.H. Hohenstein,
Captain, JAGC, U.S. Navy Reserve, Deputy Assistant Judge Advocate 
General (Admiralty and Maritime Law) (Acting).
[FR Doc. 03-30419 Filed 12-8-01; 8:45 am]
BILLING CODE 3810-FF-P