[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58236-58237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28799]



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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 COLE (DDG 67) is a vessel of the Navy which, due to its 
special construction and purpose, cannot fully comply with certain 
provisions of the 72 COLREGS without interfering with its special 
function as a naval ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: October 26, 1995.

FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, 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 COLE (DDG 67) is a vessel 
of the Navy which, due to its special construction and purpose, cannot 
fully comply with the following specific provisions of 72 COLREGS 
without interfering with its special function as a naval ship: Annex I, 
paragraph 2(f)(i) pertaining to placement of the masthead light or 
lights above and clear of all other lights and obstructions; Annex I, 
paragraph 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, paragraph 
3(c) pertaining to placement of task lights not less than two 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.

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. Table Four of Sec. 706.2 is amended by:
    a. Adding the following entry to Paragraph 15:


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

* * * * *

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                                                    Horizontal distance from the fore and aft centerline of the 
             Vessel                   Number                    vessel in the athwartship direction             
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USS COLE.......................  DDG 67           1.90 meters.                                                  
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    b. Adding the following entry to Paragraph 16:

------------------------------------------------------------------------
                                                      Obstruction angle 
              Vessel                    Number         relative ship's  
                                                           headings     
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USS COLE.........................  DDG 67            101.83 thru 112.50 
                                                      deg..             
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    3. Table Five of Sec. 706.2 is amended by adding the following 
entry:

                                                    Table Five                                                  
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                                                                                     After masthead             
                                                   Masthead lights      Forward        light less               
                                                     not over all    masthead light    than \1/2\     Percentage
                                                     other lights    not in forward   ship's length   horizontal
            Vessel                     No.               and           quarter of    aft of forward   separation
                                                    obstructions.    ship. Annex I,     masthead       attained 
                                                    Annex I, sec.      sec. 3(a)      light. Annex              
                                                         2(f)                         I, sec. 3(a)              
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USS COLE......................  DDG 67...........  X                X                X                      20.4
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[[Page 58237]]


    Dated: October 26, 1995.

    Approved: __________________
R. R. Pixa,
CAPT, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-28799 Filed 11-24-95; 8:45 am]
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