[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57932-57933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28685]
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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; Amendment
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) of the Navy has determined
that USS BENFOLD (DDG 65) is a vessel of the Navy which, due to its
special construction and purpose, cannot comply fully 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.
EFFECTIVE DATE: August 3, 1995.
FOR FURTHER INFORMATION CONTACT: Commander K.P. McMahon, JAGC, U.S.
Navy, Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
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 BENFOLD (DDG 65) 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:
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 2(f)(i) pertaining to placement of the masthead light or
lights above and clear of all other lights and obstructions; Annex I,
paragraph 3(c) pertaining to placement of task lights not less than 2
meters from the fore and aft centerline of the ship in the athwartship
direction. The Deputy Assistant Judge Advocate General (Admiralty) 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), Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
Sec. 706.2 [Amended]
2. Table Four of Sec. 706.2 is amended by:
a. Adding the following entry to Paragraph 15:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
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Horizontal distance
from the fore and
aft centerline of
Vessel No. the vessel in the
athwartship
direction
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USS BENFOLD...................... DDG 65......... 1.90 meters.
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b. Adding the following entry to Paragraph 16:
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Obstruction angle
Vessel No. relative ship's
headings
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USS BENFOLD...................... DDG 65......... 101.86 thru 112.50
deg..
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Sec. 706.2 [Amended]
3. Table Five of Sec. 706.2 is amended by adding the following
entry:
[[Page 57933]]
Table Five
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After
Masthead masthead
lights not Forward light less
over all masthead than \1/2\ Percentage
other lights light not in ship's horizontal
Vessel No. and forward length aft separation
obstructions. quarter of of forward attained
annex I, sec. ship. annex masthead
2(f) I, sec. 3(a) light. annex
I, sec. 3(a)
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USS BENFOLD....................... DDG 65 X X X 20.4
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Dated: August 3, 1995.
Approved:
K.P. McMahon,
CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 95-28685 Filed 11-22-95; 8:45 am]
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