[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Rules and Regulations]
[Pages 61597-61599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23215]


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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 MOMSEN (DDG 92) 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: January 12, 2004.

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

[[Page 61598]]

General (Admiralty and Maritime Law), under authority delegated by the 
Secretary of the Navy, has certified that USS MOMSEN (DDG 92) 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 different 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 MOMSEN:


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 MOMSEN..................  DDG 92..............  1.88 meters.
 
                              * * * * * * *
------------------------------------------------------------------------


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


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 MOMSEN..................  DDG 92..............  108.10 thru
                                                     112.50[deg]
 
                              * * * * * * *
------------------------------------------------------------------------

0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS MOMSEN:


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      light less than
                                                                                        not over all    masthead light     1/2 ship's       Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                     Vessel                                       No.                       and           quarter of        forward         separation
                                                                                       obstructions.    ship. Annex I,  masthead light.      attained
                                                                                       Annex I, sec.      sec. 3(a)      Annex I, sec.
                                                                                            2(f)                              3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS MOMSEN......................................  DDG 92............................               X                X                X             14.5
 
                                                                      * * * * * * *
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[[Page 61599]]

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


    Dated: January 12, 2004.
S. A. Kenney,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 04-23215 Filed 10-19-04; 8:45 am]
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