61312 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

Vessel Number 

Distance

in meters

of forward masthead

light

below minimum

required height.

§ 2(a)(i), Annex I 

* * * * * * * 

USS VIRGINIA SSN 774 ..................................................................................................................... 2.9 

* * * * * * * 

■ 3. Table Three of § 706.2 is amended 

by adding, in numerical order, the 

following entry for USS VIRGINIA:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

TABLE 3 

Vessel Number 

Masthead 

lights arc of 

visibility; rule 

21(a) 

Side lights 

arc of visibility; rule 

21(b) 

Stern light 

arc of visibility; rule 

21(c) 

Side lights 

distance inboard of 

ship’s sides 

in meters 

3(b) annex 1 

Stern light, 

distance forward of 

stern in meters; rule 

21(c) 

Forward anchor light, 

height above 

hull in meters; 2(K) 

annex 1 

Anchor lights 

relationship 

of aft light to 

forward light 

in meters 

2(K) annex 1 

* * * * * * * 

VIRGINIA .................. SSN 774 ..... ..................... ..................... 205° ............ 4.37 ............ 11.05 .......... 2.8 .............. 0.03 below. 

* * * * * * * 

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] 

BILLING CODE 3810–FF–P

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 JAMES E. 

WILLIAMS (DDG 95) 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: July 9, 2004.

FOR FURTHER INFORMATION CONTACT:

Commander Gregg A. Cervi, 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), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS JAMES E. WILLIAMS (DDG 95) 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.

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61313

■ 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 § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

JAMES E. WILLIAMS:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

Vessel Number 

Horizontal distance from 

the fore and aft centerline of the vessel in the 

athwartship direction 

* * * * * * * 

USS JAMES E. WILLIAMS ..................................................................................................... DDG 95 .......................... 1.89 meters. 

* * * * * * * 

■ 3. Table Four, Paragraph 16 of § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

JAMES E. WILLIAMS:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative ship’s headings 

* * * * * * * 

USS JAMES E. WILLIAMS ..................................................................................................... DDG 95 .......................... 108.79 thru 112.50°. 

* * * * * * * 

■ 4. Table Five of § 706.2 is amended by 

adding, in numerical order, the following 

entry for USS JAMES E. WILLIAMS:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

Vessel Number 

Masthead 

lights not over 

all other lights 

and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not 

in forward 

quarter of 

ship. Annex I, 

sec. 3(a) 

After masthead light less 

than 1⁄2 ship’s 

length aft of 

forward masthead light. 

Annex I, sec. 

3(a0 

Percentage 

horizontal separation attained 

* * * * * * * 

USS JAMES E. WILLIAMS ............................................... DDG 95 ............ X X X 14.6 

* * * * * * * 

Approved: July 9, 2004. 

G.A. Cervi, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate , General 

(Admiralty and Maritime Law).

[FR Doc. 04–23214 Filed 10–15–04; 8:45 am] 

BILLING CODE 3810–FF–P

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,