Navigation, COLREGS compliance exemptions: USS PORTER,

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

[Rules and Regulations]

[Page 25437-25438]

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

[DOCID:fr12my99-13]

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. 99-12021Filed5-11-99; 8:45 am]

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