[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Rules and Regulations]
[Pages 61316-61317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23211]


-----------------------------------------------------------------------

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) has determined that USS PAUL HAMILTON (DDG 60) 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: January 12, 2004.

FOR FURTHER INFORMATION CONTACT: Commander S.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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that USS PAUL 
HAMILTON (DDG 60) 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: 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 of the 
Navy (Admiralty and Maritime Law) has also certified that the lights 
involved are located in closest possible compliance with the applicable 
72 COLREGS requirements. This amendment further provides notice that 
the Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), has amended that certification to reflect that certain masthead 
lights on USS PAUL HAMILTON (DDG 60), previously certified as not in 
compliance with 72 COLREGS, now comply with the applicable 72 COLREGS 
requirements, to wit: the arc of visibility of the forward masthead 
light is no longer obstructed, as required by Rule 21(a).
    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.


Sec.  706.2  [Amended]

0
2. Table Four, Paragraph 16 of Sec.  706.2 is amended by deleting the 
entry for USS PAUL HAMILTON.

0
4. Table Five of Sec.  706.2 is amended by revising the entry for USS 
PAUL HAMILTON to read as follows:


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

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        After mast-head
                                                                                      Masthead lights      Forward      light less than
                                                                                        not over all    masthead light    \1/2\ ship's      Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                    Vessel                                     Number                       and           quarter of        forward         separation
                                                                                       obstructions.    ship. annex I,  masthead light.      attained
                                                                                       annex I, sec.      sec. 3(a)      annex I, sec.
                                                                                            2(f)                              3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS PAUL HAMILTON............................  DDG 60...............................  ...............               X                X             21.2
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 61317]]

    Dated: 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. 04-23211 Filed 10-15-04; 8:45 am]
BILLING CODE 3810-FF-P