[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Rules and Regulations]
[Pages 61311-61312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23216]


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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.

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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 VIRGINIA (SSN 774) 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 January 12, 2004.

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 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 VIRGINIA (SSN 774) 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(c), pertaining to the arc of visibility of the sternlight; 
Annex I, section 2(a)(i), pertaining to the height of the masthead 
light; Annex I, section 2(k), pertaining to the height and relative 
positions of the anchor lights; and Annex I, section 3(b), pertaining 
to the location of the sidelights. The Deputy Assistant Judge Advocate 
General (Admiralty) has also certified that the aforementioned lights 
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 One of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for the USS VIRGINIA:


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

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[[Page 61312]]



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                                                                                        Distance  in meters  of
                                                                                        forward masthead  light
                               Vessel                                     Number        below minimum  required
                                                                                       height.  Sec.   2(a)(i),
                                                                                                Annex I
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                                                  * * * * * * *
USS VIRGINIA SSN 774...............................................             2.9
 
                                                  * * * * * * *
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0
3. Table Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS VIRGINIA:


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

* * * * *

                                                                                             Table 3
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                                                                                                                                                                                 Anchor lights
                                                                                                                      Side lights        Stern light,       Forward anchor      relationship of
                                                        Masthead lights   Side lights arc of  Stern light arc of   distance inboard    distance forward      light, height       aft light to
             Vessel                     Number        arc of visibility;   visibility; rule    visibility; rule   of ship's sides in      of stern in        above hull in     forward light in
                                                          rule 21(a)             21(b)               21(c)         meters 3(b) annex  meters; rule 21(c)  meters; 2(K) annex   meters 2(K) annex
                                                                                                                           1                                       1                   1
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                                                                                          * * * * * * *
VIRGINIA........................  SSN 774...........  ..................  ..................  205[deg]..........  4.37..............  11.05.............  2.8...............  0.03 below.
 
                                                                                          * * * * * * *
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    Approved: January 12, 2004.
S.A. Kenney,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).

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

[FR Doc. 04-23216 Filed 10-15-04; 8:45 am]
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