[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Pages 25437-25438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12021]
-----------------------------------------------------------------------
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) 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: February 24, 1999.
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,
and 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. 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.
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), 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, and 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.
* * * * *
[[Page 25438]]
----------------------------------------------------------------------------------------------------------------
Obstruction angle relative ship's
Vessel No. headings
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
USS PORTER............................... DDG 78...................... 104.60 THRU 112.50 deg.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead light
Masthead lights not over Forward masthead light less than \1/2\ ship's Percentage
Vessel No. all other lights and not 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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS PORTER...................... DDG 78 X........................ X........................ X....................... 13.5
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: February 24, 1999.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty).
[FR Doc. 99-12021 Filed 5-11-99; 8:45 am]
BILLING CODE 3810-FF-P
