95-28799. Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment  

  • [Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
    [Rules and Regulations]
    [Pages 58236-58237]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-28799]
    
    
    
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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 COLE (DDG 67) 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.
    
    EFFECTIVE DATE: October 26, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, 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 COLE (DDG 67) 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 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(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; and, 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. 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), and 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.
    
        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 the 
                 Vessel                   Number                    vessel in the athwartship direction             
    ----------------------------------------------------------------------------------------------------------------
    USS COLE.......................  DDG 67           1.90 meters.                                                  
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        b. Adding the following entry to Paragraph 16:
    
    ------------------------------------------------------------------------
                                                          Obstruction angle 
                  Vessel                    Number         relative ship's  
                                                               headings     
    ------------------------------------------------------------------------
    USS COLE.........................  DDG 67            101.83 thru 112.50 
                                                          deg..             
    ------------------------------------------------------------------------
    
        3. Table Five of Sec. 706.2 is amended by adding the following 
    entry:
    
                                                        Table Five                                                  
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                                                                                         After masthead             
                                                       Masthead lights      Forward        light less               
                                                         not over all    masthead light    than \1/2\     Percentage
                                                         other lights    not in forward   ship's length   horizontal
                Vessel                     No.               and           quarter of    aft of forward   separation
                                                        obstructions.    ship. Annex I,     masthead       attained 
                                                        Annex I, sec.      sec. 3(a)      light. Annex              
                                                             2(f)                         I, sec. 3(a)              
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    USS COLE......................  DDG 67...........  X                X                X                      20.4
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    [[Page 58237]]
    
    
        Dated: October 26, 1995.
    
        Approved: __________________
    R. R. Pixa,
    CAPT, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
    (Admiralty).
    [FR Doc. 95-28799 Filed 11-24-95; 8:45 am]
    BILLING CODE 3810-FF-P
    
    

Document Information

Effective Date:
10/26/1995
Published:
11/27/1995
Department:
Navy Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-28799
Dates:
October 26, 1995.
Pages:
58236-58237 (2 pages)
PDF File:
95-28799.pdf
CFR: (1)
32 CFR 706.2