[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50100-50101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24163]



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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 MITSCHER (DDG 57) 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: September 13, 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 MITSCHER (DDG 57) 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 

[[Page 50101]]
interfering with its special function as a naval ship: Annex I, 
paragraph 3(a), pertaining to the location of the forward masthead 
light 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 above and clear of all other lights and 
obstructions; and, Rule 21(a) pertaining to the forward masthead light 
arc of visibility. 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.

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 Sec. 706.2 is amended by adding the following 
entry to paragraph 16:

------------------------------------------------------------------------
                                             Obstruction angle relative 
           Vessel                Number            ship's headings      
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
USS MITSCHER................  DDG 57        102.27 thru 112.50 deg..    
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

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

                                                   Table Five                                                   
----------------------------------------------------------------------------------------------------------------
                                                                               After masthead light             
                                    Masthead lights not    Forward masthead       less than \1/2\     Percentage
                                      over all other     light not in forward  ship's length aft of   horizontal
       Vessel           Number          lights and         quarter of ship,      forward masthead     separation
                                    obstructions. annex   annex I, sec. 3(a)   light. annex I, sec.    attained 
                                       I, sec. 2(f)                                    3(a)                     
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
USS MITSCHER.......  DDG 57        X                     X                     X                            20.7
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: September 12, 1995.
K.P. McMahon,
CDR, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-24163 Filed 9-27-95; 8:45 am]
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