[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28235]


[[Page Unknown]]

[Federal Register: November 16, 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 RUSSELL (DDG 59) 
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: September 15, 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 RUSSELL (DDG 59) 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, 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 ship 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 guided missile 
destroyer. 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 Sec. 706.2 is amended by:
    a. Adding the following vessel to Paragraph 15:

------------------------------------------------------------------------
                                               Horizontal distance from 
                                             the fore and aft centerline
           Vessel                  No.           of the vessel in the   
                                                athwartship direction   
------------------------------------------------------------------------
USS RUSSELL.................  DDG 59         1.91 meters.               
------------------------------------------------------------------------

    b. Adding the following vessel to Paragraph 16:

------------------------------------------------------------------------
                                              Obstruction angle relative
           Vessel                  No.             ship's headings      
------------------------------------------------------------------------
USS RUSSELL.................  DDG 59         92.62 thru 109.38 deg..    
------------------------------------------------------------------------

Table Five of Sec. 706.2  [Amended]

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

                                                   Table Five                                                   
----------------------------------------------------------------------------------------------------------------
                                                                                           After                
                                                                                         masthead               
                                                             Masthead       Forward     light less              
                                                            lights not     masthead     than \1/2\              
                                                             over all    light not in     ship's      Percentage
                  Vessel                        No.        other lights     forward     length aft    horizontal
                                                               and        quarter of    of forward    separation
                                                          obstructions.   ship. Annex    masthead      attained 
                                                          Annex I, sec.  I, sec. 3(a)  light. Annex             
                                                               2(f)                       I, sec.               
                                                                                          (3)(a)                
----------------------------------------------------------------------------------------------------------------
USS RUSSELL..............................  DDG 59                    X             X             X          12.8
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    Dated: September 15, 1994.

    Approved:
H.E. Grant,
Rear Admiral, JAGC, U.S. Navy, Judge Advocate General.
[FR Doc. 94-28235 Filed 11-15-94; 8:45 am]
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