[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Rules and Regulations]
[Pages 61313-61314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23213]


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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) (Acting) has determined that USS OKLAHOMA CITY (SSN 723) 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.

DATES: Effective Date: February 5, 2004.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. Robb Hyde,

[[Page 61314]]

JAGC, U.S. Navy, 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 of the Navy (Admiralty and Maritime Law) (Acting), under 
authority delegated by the Secretary of the Navy, has certified that 
USS OKLAHOMA CITY (SSN 723) is a vessel of the Navy which, due to its 
special construction and purpose, cannot fully comply with the 
following specific provision of 72 COLREGS without interfering with its 
special function as a naval ship: Rule 21(a), pertaining to the 
location of the masthead lights over the fore and aft centerline of the 
ship. The Deputy Assistant Judge Advocate General of the Navy 
(Admiralty and Maritime Law) (Acting) 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 Two of Sec.  706.2 is amended by adding the following entry 
for USS OKLAHOMA CITY:


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

* * * * *

                                                                        Table Two
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                                                                                                                                    Side
                                                                 Forward                  AFT anchor                   Side       lights,        Side
                                                    Masthead      anchor      Forward       light,                   lights,      distance     lights,
                                                    lights,       light,       anchor      distance    AFT anchor    distance    forward of    distance
                                                  distance to    distance      light,       below        light,       below       forward     inboard of
            Vessel                   Number         stbd of       below      number of;   flight dk    number of;   flight dk     masthead      ship's
                                                    keel in     flight dk       Rule      in meters;      Rule      in meters;    light in     sides in
                                                    meters;     in meters;    30(a)(i)   Rule 21(e),   30(a)(ii)       Sec.       meters;      meters;
                                                   Rule 21(a)      Sec.                      Rule                  2(g), Annex      Sec.         Sec.
                                                               2(K), Annex                30(a)(ii)                     I       3(b), Annex  3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------I-----
 
                                                                      * * * * * * *
USS OKLAHOMA CITY.............  SSN 723.........        0.41   ...........  ...........  ...........  ...........  ...........  ...........  ...........
 
                                                                      * * * * * * *
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    Approved: February 5, 2004.
M.R. Hyde,
Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, 
General (Admiralty and Maritime Law) (Acting).


    Editorial Note. This document was received at the Office of the 
Federal Register October 13, 2004.


[FR Doc. 04-23213 Filed 10-15-04; 8:45 am]
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