Navigation, COLREGS compliance exemptions: USS PINCKNEY,

[Federal Register: December 9, 2003 (Volume 68, Number 236)]

[Rules and Regulations]

[Page 68511-68513]

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

[DOCID:fr09de03-14]

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 and Maritime Law) has determined that USS PINCKNEY (DDG 91) 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: June 16, 2003.

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

[[Page 68512]]

amends 32 CFR Part 706. This amendment provides notice that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS PINCKNEY (DDG 91) 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 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 Four, Paragraph 15 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS PINCKNEY:

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 Vessel

Number

of the vessel in the athwartship direction

* * * * * * * USS PINCKNEY.................. DDG 91..... 1.87 meters.

* * * * * * *

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

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

* * * * *

Obstruction angle relative Vessel

Number

ship's headings

* * * * * * * USS PINCKNEY.................. DDG 91..... 107.07 thru 112.50[deg]

* * * * * * *

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

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

* * * * *

Table Five

After masthead Masthead lights not Forward masthead light less than \1/ over all other

light not in 2\ ship's length

Percentage Vessel

No.

lights and forward quarter of aft of forward

horizontal obstructions. Annex ship. Annex I, sec. masthead light. separation attained I, sec. 2(f)

3(a)

Annex I, sec. 3(a)

* * * * * * * USS PINCKNEY.............................. DDG 91..................

X

X

X

14.4

* * * * * * *

[[Page 68513]]

Dated: June 16, 2003. S.A. Kenney, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).

[FR Doc. 03-30418 Filed 12-8-03; 8:45 am]