[Federal Register Volume 60, Number 98 (Monday, May 22, 1995)]
[Rules and Regulations]
[Pages 27027-27028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12477]



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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 CURTIS WILBUR (DDG 54) 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 1, 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 CURTIS WILBUR (DDG 54) 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, section 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; and, Annex I, 
section 2(f)(i) pertaining to placement of the masthead light or lights 
above and clear of all other lights and obstructions. 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 section 706.2 is amended by revising the entry for 
USS CURTIS WILBUR in Paragraph 16 to read as follows:

------------------------------------------------------------------------
                                             Obstruction angle relative 
           Vessel                Number            ship's headings      
------------------------------------------------------------------------
USS CURTIS WILBUR...........  DDG 54        102.61 thru 112.50 deg..    
------------------------------------------------------------------------

    3. Table Five of Sec. 706.2 is amended by revising the entry for 
USS CURTIS WILBUR to read as follows:

                                                   Table Five                                                   
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                                                                                        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)             
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USS CURTIS WILBUR.........................  DDG 54        X              X             X                    20.4
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    [[Page 27028]] Dated: May 1, 1995.

    Approved:
K. P. McMahon,
CDR, JAGC, U.S. Navy Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-12477 Filed 5-19-95; 8:45 am]
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