[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22509-22510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11202]



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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 Deputy 
Assistant Judge Advocate General (Admiralty) of the Navy has determined 
that USS STETHEM (DDG 63) 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 ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: April 20, 1995.

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 Deputy Assistant Judge Advocate 
General (Admiralty) of the Navy, under authority delegated by the 
Secretary of the Navy, has certified that USS STETHEM (DDG 63) is a 
vessel of the Navy which, due to its special construction and purpose, 
cannot comply fully with the following specific provision of 72 COLREGS 
without interfering with its special function as a naval ship: Annex I, 
paragraph 3(a), pertaining to the location of the forward masthead 
light in the forward quarter of the ship, and the horizontal distance 
between the forward and after masthead lights; Annex I, paragraph 
2(f)(i), pertaining to the placement of the masthead light or lights 
above and clear of all other lights and obstructions; and 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. The Deputy Assistant Judge Advocate General (Admiralty) of 
the Navy 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.


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 centerline of 
           Vessel                  No.            the vessel in the     
                                                athwartship direction   
------------------------------------------------------------------------
                                                                        
                *         *         *         *         *               
USS STETHEM.................  DDG 63        1.91 meters.                
------------------------------------------------------------------------

    b. Adding the following vessel to Paragraph 16:

------------------------------------------------------------------------
                                             Obstruction angle relative 
           Vessel                  No.             ship's headings      
------------------------------------------------------------------------
                                                                        
                *         *         *         *         *               
USS STETHEM.................  DDG 63        102.51 thru 112.50 deg..    
------------------------------------------------------------------------

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

                                                                        
[[Page 22510]]                                                          
                                                   Table Five                                                   
----------------------------------------------------------------------------------------------------------------
                                                                                        After mast-             
                                                             Masthead       Forward     head light              
                                                            lights not     masthead    less than \1/            
                                                             over all    light not in    2\ 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 STETHEM..............................  DDG 63                    X             X             X            20
----------------------------------------------------------------------------------------------------------------

    Dated: April 20, 1995.
K.P. McMahon,
CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty).
[FR Doc. 95-11202 Filed 5-5-95; 8:45 am]
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