[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26028]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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DEPARTMENT OF DEFENSE
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 TOLEDO (SSN 769) 
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 submarine. 
The intended effect of this rule is to warn mariners in waters where 72 
COLREGS apply.

EFFECTIVE DATE: August 9, 1994.

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 Judge Advocate General of the Navy, 
under authority delegated by the Secretary of the Navy, has certified 
that USS TOLEDO (SSN 769) is a vessel of the Navy which, due to its 
special construction and purpose, cannot comply fully with 72 COLREGS: 
Rule 21(c), pertaining to the arc of visibility of the sternlight; 
Annex I, section 2(a)(i), pertaining to the height of the masthead 
light; Annex I, section 2(k), pertaining to the height and relative 
positions of the anchor lights; and Annex I, section 3(b), pertaining 
to the location of the sidelights. Full compliance with the above-
mentioned 72 COLREGS provisions would interfere with the special 
functions and purposes of the vessel. The Judge Advocate General of the 
Navy has also certified that the aforementioned lights are located in 
closest possible compliance with the applicable 72 COLREGS 
requirements.
    Notice is also provided to the effect that USS TOLEDO (SSN 769) is 
a member of the SSN-688 class of vessels for which certain exemptions, 
pursuant to 72 COLREGS, Rule 38, have been previously authorized by the 
Secretary of the Navy. The exemptions pertaining to that class, found 
in the existing tables of section 706.3, are equally applicable to USS 
TOLEDO (SSN 769).
    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 Part 706 continues to read:

    Authority: 33 U.S.C. 1605.


Sec. 706.2  [Amended]

    2. Table One of Sec. 706.2 is amended by adding the following 
vessel: 

                               Table One                                
------------------------------------------------------------------------
                                                            Distance in 
                                                             meters of  
                                                              forward   
                                                              masthead  
                                                            light below 
                   Vessel                        Number       minimum   
                                                              required  
                                                            height. Sec.
                                                              2(a)(i),  
                                                              Annex I   
------------------------------------------------------------------------
USS TOLEDO...................................  SSN 769               3.5
------------------------------------------------------------------------

Sec. 706.2  [Amended]

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

                                                                       Table Three                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Side                                               
                                                                                                   lights,       Stern       Forward      Anchor lights 
                                                            Masthead       Side        Stern       distance      light,       anchor     relationship of
                                                          lights, arc  lights, arc   light, arc   inboard of    distance      light,      aft light to  
                  Vessel                       Number          of           of           of         ship's     forward of     height    forward light in
                                                          visibility;  visibility;  visibility;    sides in     stern in    above hull    meters; Sec.  
                                                           Rule 21(a)   Rule 21(b)   Rule 21(c)    meters;      meters;     in meters;    2(K) Annex 1  
                                                                                                  Sec. 3(b)    Rule 21(c)   Sec. 2(K)                   
                                                                                                   Annex 1                   Annex 1                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
USS TOLEDO...............................  SSN 769        ...........  ...........          209          4.4          6.1          3.4  1.7 below.      
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: August 9, 1994.
H.E. Grant,
Rear Admiral, JAGC, U.S. Navy, Judge Advocate General.
[FR Doc. 94-26028 Filed 10-19-94; 8:45 am]
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