[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Rules and Regulations]
[Pages 54198-54199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25878]



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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 STOUT (DDG 55) 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: June 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 STOUT (DDG 55) is a 
vessel of the Navy which, due to its special construction and purpose, 
cannot comply fully with the following specific provisions 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:

    Authority: 33 U.S.C. 1605.

    2. Table Four of Sec. 706.2 is amended by revising the information 
on the following vessel in Paragraph 16:


Sec. 706.2  Certifications of the Secretary of the Navy under Executive 
Order 11964 and 33 U.S.C. 1605.

* * * * *

------------------------------------------------------------------------
                                                    Obstruction angle   
        Vessel                    No.           relative ship's headings
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
USS STOUT.............  DDG 55................  102.00 thru 112.50 deg..
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

    3. Table Five of Sec. 706.2 is amended by revising the information 
on the following vessel:

                                                                        

[[Page 54199]]
                                                   Table Five                                                   
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                                                                                After mast-head                 
                                              Masthead lights      Forward      light less than                 
                                                not over all    masthead light    \1/2\ ship's      Percentage  
                                                other lights    not in forward   length aft of      horizontal  
        Vessel                  No.                 and        quarter of ship      forward         separation  
                                                obstructions    annex I,  sec.   masthead light      attained   
                                               annex I,  sec.        3(a)        annex I,  sec.                 
                                                    2(f)                              3(a)                      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS STOUT............  DDG 55...............               X                X                X             20.7 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: June 13, 1995.

K.P. McMahon,
U.S. Navy Deputy Assistant Judge Advocate General (Admiralty).
[FR Doc. 95-25878 Filed 10-19-95; 8:45 am]
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