Navigation, COLREGS compliance exemptions: USS O'KANE,

[Federal Register: May 12, 1999 (Volume 64, Number 91)]

[Rules and Regulations]

[Page 25435-25436]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12my99-11]

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 O'KANE (DDG 77) 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 3, 1999.

FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the Judge Advocate General, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000, 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 O'KANE (DDG 77) 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.

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 O'KANE:

   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 Vessel

   Number

   centerline of the vessel in the athwartship direction

   *

   *

   *

   *

   *

   * * USS O'KANE.............................. DDG 77

   1.92 meters.

   *

   *

   *

   *

   *

   * *

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

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

   * * * * *

   Vessel

   Number

   Obstruction angle relative ship's headings

   *

   *

   *

   *

   *

   * * USS O'KANE.............................. DDG 77

   102.00 thru 112.50 deg..

   *

   *

   *

   *

   *

   * *

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

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

   * * * * *

   [[Page 25436]]

   Table Five

   After mast-head 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 O'KANE...................... DDG 77

   X........................ X........................ X....................... 14.0

   *

   *

   *

   *

   *

   *

   *

   Dated: February 3, 1999. R.R. Pixa, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty).

   [FR Doc. 99-12025Filed5-11-99; 8:45 am]

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