[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Page 65569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30720]



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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 BLACK HAWK (MHC 58) 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 
functions as a naval ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: November 30, 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, 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 BLACK HAWK (MHC 58) 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: 
Rule 27(f), pertaining to the display of all-round lights by a vessel 
engaged in mine clearance 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 
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 is amended by adding the following ship to 
Table Four, paragraph 18:


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

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                                                            Obscured angles relative to ship's heading          
             Vessel                   Number     ---------------------------------------------------------------
                                                               Port                            STBD             
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Black hawk......................  MHC 58          65.0 deg. to 75.6 deg.........  284.1 deg. to 294.6 deg..     
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    Dated: November 30, 1995.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-30720 Filed 12-19-95; 8:45 am]
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