61314 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate General (Admiralty and 

Maritime Law) (Acting), 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) (Acting), under authority 

delegated by the Secretary of the Navy, 

has certified that USS OKLAHOMA 

CITY (SSN 723) 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: Rule 

21(a), pertaining to the location of the 

masthead lights over the fore and aft 

centerline of the ship. The Deputy 

Assistant Judge Advocate General of the 

Navy (Admiralty and Maritime Law) 

(Acting) 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.

■ 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 Two of § 706.2 is amended by 

adding the following entry for USS 

OKLAHOMA CITY:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

TABLE TWO

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below 

flight dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 

30(a)(i) 

AFT anchor light, 

distance 

below 

flight dk in 

meters; 

Rule 21(e), 

Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 

30(a)(ii) 

Side lights, 

distance 

below 

flight dk in 

meters; 

§ 2(g), 

Annex I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

* * * * * * * 

USS OKLAHOMA 

CITY.

SSN 723 ...... 0.41

* * * * * * * 

Approved: February 5, 2004. 

M.R. Hyde, 

Lieutenant Commander, JAGC, U.S. Navy, 

Deputy Assistant Judge Advocate, General 

(Admiralty and Maritime Law) (Acting).

Editorial Note. This document was 

received at the Office of the Federal Register 

October 13, 2004.

[FR Doc. 04–23213 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 CHUNG–

HOON (DDG 93) 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 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 and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS CHUNG–HOON (DDG 93) 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, 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61315

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.

■ 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 

CHUNG–HOON:

§ 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 CHUNG–HOON .............................................................................................................. DDG 93 .......................... 1.95 meters. 

*******

■ 3. Table Four, Paragraph 16 of § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

CHUNG–HOON:

§ 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 CHUNG–HOON ................................................................ DDG 93 ............ 108.38 thru 112.50°. 

* * * * * * * 

■ 4. Table Five of § 706.2 is amended by 

adding, in numerical order, the following 

entry for USS CHUNG–HOON:

§ 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(a) 

Percentage 

horizontal separation attained 

* * * * * * * 

USS CHUNG–HOON ........................................................ DDG 93 ............ X X X 14.4 

* * * * * * * 

61316 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

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. 04–23212 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) 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.

■ 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.

§ 706.2 [Amended]

■ 2. Table Four, Paragraph 16 of § 706.2 

is amended by deleting the entry for USS 

PAUL HAMILTON.

■ 4. Table Five of § 706.2 is amended by 

revising the entry for USS PAUL 

HAMILTON to read as follows:

§ 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(a) 

Percentage 

horizontal separation attained 

* * * * * * * 

USS PAUL HAMILTON ..................................................... DDG 60 ............ ........................ X X 21.2 

* * * * * * *