[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Rules and Regulations]
[Pages 3423-3424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1487]
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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) of the Navy has determined
that USS PORTER (DDG 78) 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: October 26, 1998.
FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, Washington Navy Yard, Washington, 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) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS PORTER (DDG 78) 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 2(f)(i) pertaining to placement of the masthead
light or lights above and clear of all other lights and obstructions;
Annex I, paragraph 2(f)(ii) pertaining to the vertical placement of
task lights; 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; and,
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. The Deputy Assistant Judge Advocate General
(Admiralty) has also certified that the lights involved are located in
closest possible compliance with the applicable 72 COLREGS
requirements.
Morever, 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), Vessels.
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
1. The authority citation for 32 CFR Part 706 continues to read as
follows:
Authority: 33 U.S.C. 1605.
2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS PORTER:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
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Horizontal distance
from the fore and aft
Vessel Number centerline of the
vessel in the
athwartship direction
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[[Page 3424]]
* * * *
* * *
USS PORTER..................... DDG 78 1.92 meters.
* * * *
* * *
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3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS PORTER:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
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Obstruction angle
Vessel Number relative ship's
headings
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* * * *
* * *
USS PORTER..................... DDG 78 102.00 thru 112.50
deg..
* * * *
* * *
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4. Table Five of Sec. 706.2 is amended by adding, in numerical
order, the following entry for USS PORTER:
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 light
Masthead lights not over Foward masthead light not less that \1/2\ ship's Percentage
Vessel No. all other lights and in forward quarter of length aft of forward horizontal
obstructions. annex I, ship. annex I, sec. 3(a) masthead light. annex I, separation attained
sec. 2(f) sec. 3 (a)
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* * * * * * *
USS PORTER...................... DDG 78 X........................ X........................ X....................... 13.8
* * * * * * *
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Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty).
Dated: October 26, 1998.
[FR Doc. 99-1487 Filed 1-21-99; 8:45 am]
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