96-22288. Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment  

  • [Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
    [Rules and Regulations]
    [Pages 46378-46379]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-22288]
    
    
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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 HOPPER (DDG 70) 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: August 1, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Lieutenant M.W. Kerns, JAGC, U.S. 
    Navy, Assistant 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 HOPPER (DDG 70) 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.
    
        Accordingly, 32 CFR Part 706 is amended as follows:
    
    PART 706--[AMENDED]
    
        1. The authority citation for 32 CFR Part 706 continues to read:
    
        Authority: 33 U.S.C. 1605.
    
        2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding the 
    following entry:
    
    
    Sec. 706.2    Certifications of the Secretary of the Navy under 
    Executive Order 11964 and 33 U.S.C. 1605.
    
    * * * * *
    
    ------------------------------------------------------------------------
                                                        Horizontal distance 
                                                       from the fore and aft
                  Vessel                   Number        centerline of the  
                                                           vessel in the    
                                                       athwartship direction
    ------------------------------------------------------------------------
                                                                            
                      *        *        *        *        *                 
    USS HOPPER.......................  DDG 70          1.83 meters.         
                                                                            
                      *        *        *        *        *                 
    ------------------------------------------------------------------------
    
        3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding the 
    following entry:
    
    
    Sec. 706.2  Certifications of the Secretary of the Navy under Executive 
    Order 11964 and 33 U.S.C. 1605.
    
    * * * * *
    
    ------------------------------------------------------------------------
                                                         Obstruction angle  
                  Vessel                   Number         relative ship's   
                                                              headings      
    ------------------------------------------------------------------------
                                                                            
                      *        *        *        *        *                 
    USS HOPPER.......................  DDG 70          102.25 thru          
                                                       112.50 deg.          
                                                                            
                      *        *        *        *        *                 
    ------------------------------------------------------------------------
    
        4. Table Five of Sec. 706.2 is amended by adding the following 
    entry:
    
    
    Sec. 706.2 Certifications of the Secretary of the Navy under Executive 
    Order 11964 and 33 U.S.C. 1605.
    
    * * * * *
    
    [[Page 46379]]
    
    
    
                                                       Table Five                                                   
    ----------------------------------------------------------------------------------------------------------------
                                                                                              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)              
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    USS HOPPER.......................  DDG70                            X             X             X          20.4 
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    
        Dated: August 1, 1996.
    M.W. Kerns,
    LT, JAGC, U.S. Navy, Acting Deputy Assistant Judge Advocate General 
    (Admiralty).
    [FR Doc. 96-22288 Filed 8-30-96; 8:45 am]
    BILLING CODE 3810-FF-P
    
    
    

Document Information

Effective Date:
8/1/1996
Published:
09/03/1996
Department:
Navy Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-22288
Dates:
August 1, 1996.
Pages:
46378-46379 (2 pages)
PDF File:
96-22288.pdf
CFR: (1)
32 CFR 706.2