[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:
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Obstruction angle relative
Vessel Number ship's headings
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* * * *
USS MITSCHER................ DDG 57 102.27 thru 112.50 deg..
* * * *
* * *
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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)
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* * * * * *
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]
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