95-24163. Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment  

  • [Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
    [Rules and Regulations]
    [Pages 50100-50101]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-24163]
    
    
    
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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 MITSCHER (DDG 57) 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 
    functions as a naval ship. The intended effect of this rule is to warn 
    mariners in waters where 72 COLREGS apply.
    
    EFFECTIVE DATE: September 13, 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 MITSCHER (DDG 57) is a 
    vessel of the Navy which, due to its special construction and purpose, 
    cannot comply fully with the following specific provision of 72 COLREGS 
    without 
    
    [[Page 50101]]
    interfering with its special function as a naval ship: Annex I, 
    paragraph 3(a), pertaining to the location of the forward masthead 
    light and the horizontal distance between the forward and after 
    masthead lights; Annex I, paragraph 2(f)(i) pertaining to the placement 
    of the masthead light above and clear of all other lights and 
    obstructions; and, Rule 21(a) pertaining to the forward masthead light 
    arc of visibility. 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.
    
    
    Sec. 706.2  [Amended]
    
        2. Table Four of Sec. 706.2 is amended by adding the following 
    entry to paragraph 16:
    
    ------------------------------------------------------------------------
                                                 Obstruction angle relative 
               Vessel                Number            ship's headings      
    ------------------------------------------------------------------------
                                                                            
    *                  *                  *                  *              
    USS MITSCHER................  DDG 57        102.27 thru 112.50 deg..    
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    ------------------------------------------------------------------------
    
        3. Table Five of 706.2 is amended by adding the following vessel:
    
                                                       Table Five                                                   
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                                                                                   After masthead light             
                                        Masthead lights not    Forward masthead       less than \1/2\     Percentage
                                          over all other     light not in forward  ship's length aft of   horizontal
           Vessel           Number          lights and         quarter of ship,      forward masthead     separation
                                        obstructions. annex   annex I, sec. 3(a)   light. annex I, sec.    attained 
                                           I, sec. 2(f)                                    3(a)                     
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
    USS MITSCHER.......  DDG 57        X                     X                     X                            20.7
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
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        Dated: September 12, 1995.
    K.P. McMahon,
    CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
    (Admiralty).
    [FR Doc. 95-24163 Filed 9-27-95; 8:45 am]
    BILLING CODE 3810-01-P
    
    

Document Information

Effective Date:
9/13/1995
Published:
09/28/1995
Department:
Navy Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-24163
Dates:
September 13, 1995.
Pages:
50100-50101 (2 pages)
PDF File:
95-24163.pdf
CFR: (1)
32 CFR 706.2