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 Department of Defense Department of the Navy 32 CFR Part 706
 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 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
 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 One of § 706.2 is amended by adding, in numerical order, the following entry for the USS VIRGINIA: § 706.2
 Executive Order 11964 33 U.S.C. 1605
 
 
 
 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
 Executive Order 11964 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