Navigation, COLREGS compliance exemptions: USS OKLAHOMA CITY,

[Federal Register: October 18, 2004 (Volume 69, Number 200)]

[Rules and Regulations]

[Page 61313-61314]

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

[DOCID:fr18oc04-6]

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 of the Navy (Admiralty and Maritime Law) (Acting) has determined that USS OKLAHOMA CITY (SSN 723) 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.

DATES: Effective Date: February 5, 2004.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. Robb Hyde,

[[Page 61314]]

JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) (Acting), 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 amends 32 CFR part 706. This amendment provides notice that the Deputy Assistant Judge Advocate General of the Navy (Admiralty and Maritime Law) (Acting), under authority delegated by the Secretary of the Navy, has certified that USS OKLAHOMA CITY (SSN 723) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provision of 72 COLREGS without interfering with its special function as a naval ship: Rule 21(a), pertaining to the location of the masthead lights over the fore and aft centerline of the ship. The Deputy Assistant Judge Advocate General of the Navy (Admiralty and Maritime Law) (Acting) 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 Two of Sec. 706.2 is amended by adding the following entry for USS OKLAHOMA CITY:

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

* * * * *

Table Two

Side Forward

AFT anchor

Side lights,

Side Masthead anchor Forward light,

lights, distance lights, lights, light, anchor distance AFT anchor distance forward of distance distance to distance light, below

light, below forward inboard of Vessel

Number

stbd of below number of; flight dk number of; flight dk masthead ship's keel in flight dk Rule in meters; Rule in meters; light in sides in meters; in meters; 30(a)(i) Rule 21(e), 30(a)(ii) Sec. meters; meters; Rule 21(a) Sec.

Rule

2(g), Annex Sec.

Sec. 2(K), Annex

30(a)(ii)

I 3(b), Annex 3(b), Annex

I----------------------------------------------------------------I------------I-----

* * * * * * * USS OKLAHOMA CITY............. SSN 723.........

0.41 ........... ........... ........... ........... ........... ........... ...........

* * * * * * *

Approved: February 5, 2004. M.R. Hyde, Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law) (Acting).

Editorial Note. This document was received at the Office of the Federal Register October 13, 2004.

[FR Doc. 04-23213 Filed 10-15-04; 8:45 am]