[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16503]


[[Page Unknown]]

[Federal Register: July 8, 1994]


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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 Judge 
Advocate General 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 guided 
missile destroyer. The intended effect of this rule is to warn mariners 
in waters where 72 COLREGS apply.

EFFECTIVE DATE: June 24, 1994.

FOR FURTHER INFORMATION CONTACT: Captain R. R. ROSSI, 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 Judge Advocate General 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 72 COLREGS: 
Annex I, paragraph 3(a) pertaining to the location of the forward 
masthead light in the forward quarter of the vessel, the placement of 
the after masthead light, 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 vessel in the athwartship direction; and 
Rule 21(a), pertaining to the masthead light unbroken arc of visibility 
over an arc of the horizon of 225 degrees and visibility from right 
ahead to abaft the beam of 22.5 degrees, without interfering with its 
special function as a naval vessel. The Judge Advocate General 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 706.2 is amended by:
    a. Adding the following vessel to Paragraph 15: 

------------------------------------------------------------------------
                                                           Horizontal   
                                                          distance from 
                                                        the fore and aft
          Vessel                      Number              centerline of 
                                                          the vessel in 
                                                         the athwartship
                                                           direction    
------------------------------------------------------------------------
USS MITSCHER..............  DDG 57....................  1.93 meters.    
------------------------------------------------------------------------

    b. Adding the following vessel to Paragraph 16:

------------------------------------------------------------------------
                                                     Obstruction angle  
        Vessel                   Number               relative ship's   
                                                         headings       
------------------------------------------------------------------------
USS MITSCHER...........  DDG 57.................  94.51 thru 111.15     
                                                   degree.              
------------------------------------------------------------------------

    3. Table Five of 706.2 is amended by adding the following vessel:

                                                   Table Five                                                   
----------------------------------------------------------------------------------------------------------------
                                                                                          After                 
                                                                                         masthead               
                                                                          Forward       light less              
                                                      Masthead lights     masthead      than \1/2\              
                                                       not over all     light not in  ship's length   Percentage
              Vessel                    Number       other lights and     forward         aft of      horizontal
                                                       obstructions.     quarter of      forward      separation
                                                       Annex I, sec.    ship. Annex      masthead      attained 
                                                           2(f)         I, sec. 3(a)   light. Annex             
                                                                                         I, sec.                
                                                                                          (3)(a)                
----------------------------------------------------------------------------------------------------------------
USS MITSCHER.....................  DDG 57            X                 X              X                    14.3 
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    Dated: June 24, 1994.

    Approved:
H.E. Grant,
Rear Admiral, JAGC, U.S. Navy Judge Advocate General.
[FR Doc. 94-16503 Filed 7-7-94; 8:45 am]
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