Navigation, COLREGS compliance exemptions: USS RONALD REAGAN,

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

[Rules and Regulations]

[Page 68514-68515]

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

[DOCID:fr09de03-16]

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) of the Navy has determined that USS RONALD REAGAN (CVN 76) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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: January 30, 2003.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Dominick G. Yacono, 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 amends 32 CFR part 706. This amendment provides notice that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) of the Navy, under authority delegated by the Secretary of the Navy, has certified that USS RONALD REAGAN (CVN 76) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Rule 21(a), pertaining to the placement of the masthead lights over the fore and aft centerline of the ship; Annex I, paragraph 2(g), pertaining to the placement of the sidelights above the hull; and Annex I, paragraph 3(a), pertaining to the placement of the forward masthead light in the forward quarter of the ship. 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:

Authority: 33 U.S.C. 1605

Sec. 706.2 [Amended]

0 2. Table Two of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS RONALD REAGAN:

Table Two

Side Forward

AFT anchor

lights, Side Masthead anchor

light,

Side distance lights, lights, light, Forward distance AFT anchor lights, forward of distance distance to distance anchor below light, distance forward inboard of Vessel

Number stbd of below light, flight dk number of; below masthead ship's keel in flight dk number of; in meters; Rule flight dk light in sides in meters; in meters; Rule

Rule 30(a)(ii) in meters; meters; meters; Rule 21(a) Sec. 30(a)(i) 21(e),

Sec.

Sec.

Sec. 2(K),

Rule

2(g), Annex 3(b), 3(b), Annex I

30(a)(ii)

I

Annex I Annex I

USS RONALD REAGAN.........................

CVN-76 31,09 .......... .......... .......... ..........

0.56 .......... ..........

[[Page 68515]]

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

Table Five

After masthead Masthead lights Forward masthead light less than 1/ not over all light not in 2 ship's length Percentage Vessel

No. other lights and forward quarter of aft of forward horizontal obstructions. ship. annex I, masthead light. separation annex I, sec.

sec. 3(a)

annex I, sec.

attained. 2(f)

3(a)

USS RONALD REAGAN............................................

CVN.................

X ................. .................

Dated: January 30, 2003. D.G. Yacono, Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).

[FR Doc. 03-30420 Filed 12-8-03; 8:45 am]

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