[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27025-27026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12475]



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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 Deputy 
Assistant Judge Advocate General (Admiralty) of the Navy has determined 
that USS CARNEY (DDG 64) 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: May 2, 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 CARNEY (DDG 64) 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) 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 as 
follows:

    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 of 
           Vessel                Number           the vessel in the     
                                                athwartship direction   
------------------------------------------------------------------------
USS CARNEY..................  DDG 64        1.90 meters.                
------------------------------------------------------------------------

    b. Adding the following vessel to Paragraph 16:

------------------------------------------------------------------------
                                             Obstruction angle relative 
           Vessel                Number            ship's headings      
------------------------------------------------------------------------
USS CARNEY..................  DDG 64        1.05.06 thru 112.50 deg..   
------------------------------------------------------------------------

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

                                                                        
[[Page 27026]]
                                                   Table Five                                                   
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                                                                                           After                
                                                             Masthead                    masthead               
                                                            lights not      Forward     light less              
                                                             over all      masthead     than \1/2\    Percentage
                                                           other lights  light not in     ship's      horizontal
                  Vessel                         No.           and          forward     length aft    separation
                                                          obstructions.   quarter of    of forward     attained 
                                                          annex I, sec.   ship. annex    masthead               
                                                               2(f)      I, sec. 3(a)  light. annex             
                                                                                       I, sec. 3(a)             
----------------------------------------------------------------------------------------------------------------
USS CARNEY................................  DDG 64        X              X             X                    20.4
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  Dated: May 2, 1995.

K.P. McMahon,
CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-12475 Filed 5-19-95; 8:45 am]
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