[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Rules and Regulations]
[Pages 56120-56121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27474]



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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: Navy, Defense.

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 PELICAN (MHC 53) 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: July 24, 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, Virginia 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 PELICAN (MHC 53) 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: 
Rule 27(f), pertaining to the display of all-round lights by a vessel 
engaged in mineclearance operations, and Annex I, paragraph 9(b), 
prescribing that all-round lights be located as not to be obscured by 
masts, topmasts or structures within angular sectors of more than six 
(6) degrees. 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.

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.

    2. Section 706.2, certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605, is amended by adding the 
following ship to Table Four, paragraph 18: 

[[Page 56121]]



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

* * * * *
    Table Four.
* * * * *

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                                                                   Obscured angles relative to ship's heading   
                Vessel                          Number         -------------------------------------------------
                                                                          Port                     STBD         
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PELICAN..............................  MHC 53.................  59.5 deg. to 78.3 deg..  281.7 deg. to 300.5    
                                                                                          deg..                 
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    Dated: 24 July 1995.

    Approved:
K.P. McMahon,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-27474 Filed 11-6-95; 8:45 am]
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