[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Rules and Regulations]
[Pages 3345-3346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1011]



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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 FITZGERALD (DDG 
62) 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: December 7, 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 FITZGERALD (DDG 62) 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; 
[[Page 3346]] 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.


Sec. 706.2  [Amended]

    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 FITZGERALD...........................  DDG 62....  1.90 meters.     
------------------------------------------------------------------------

    b. Adding the following vessel to Paragraph 16:

------------------------------------------------------------------------
                                                       Obstruction angle
                  Vessel                     Number     relative ship's 
                                                            headings    
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
USS FITZGERALD...........................  DDG 62....  102.32 thru      
                                                       112.50 degree.   
------------------------------------------------------------------------

    3. Table Five of 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,    I, sec. 3(a)  light. annex            
                                                             sect. 2(f)                    I, sec.              
                                                                                           (3)(a)               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
USS FITZGERALD.........................  DDG 62                       X             X             X         20.4
                                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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    Dated: December 7, 1994.
H.E. Grant,
Rear Admiral, JAGC, U.S. Navy Judge Advocate General.
[FR Doc. 95-1011 Filed 1-13-95; 8:45 am]
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