[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68516-68517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30423]


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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; Amendment

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 CARNEY (DDG 64) 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: September 17, 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 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 CARNEY 
(DDG 64) is a vessel of the Navy which, due

[[Page 68517]]

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, section 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; and, Annex I, section 2(f)(ii) pertaining to vertical 
placement of task 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.

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:

    Authority: 33 U.S.C. 1605.


0
2. Table Five of Sec.  706.2 is amended by revising the following entry 
for USS CARNEY:


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                                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)
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USS CARNEY.............................  DDG 64.........................                  X                   X                   X                14.0
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    Dated: September 17, 2003.
Scott A. Kenney,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 03-30423 Filed 12-8-03; 8:45 am]
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