[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9105-9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5346]



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DEPARTMENT OF DEFENSE
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 CHEYENNE (SSN 773) 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

[[Page 9106]]

a naval ship. The intended effect of this rule is to warn mariners in 
waters where 72 COLREGS apply.

EFFECTIVE DATE: February 21, 1996.

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 CHEYENNE (SSN 773) 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 21(c), pertaining to the arc of visibility of the sternlight; 
Annex I, section 2(a)(i), pertaining to the height of the masthead 
light; Annex I, section 2(k), pertaining to the height and relative 
positions of the anchor lights; and Annex I, section 3(b), pertaining 
to the location of the sidelights. The Deputy Assistant Judge Advocate 
General (Admiralty) has also certified that the aforementioned lights 
are located in closest possible compliance with the applicable 72 
COLREGS requirements.
    Notice is also provided that USS CHEYENNE (SSN 773) is a member of 
the SSN 688 class of vessels for which certain exemptions, pursuant to 
72 COLREGS, Rule 38, have been previously authorized by the Secretary 
of the Navy. The exemptions pertaining to that class, found in the 
existing table of section 706.3, are equally applicable to USS CHEYENNE 
(SSN 773).
    Moreover, it has been determined, in accordance with 32 CFR Parts 
296 to 701, the 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 One of Sec. 706.2 is amended by adding the following 
vessel:


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

* * * * *

                                                    Table One                                                   
----------------------------------------------------------------------------------------------------------------
                                                                                          Distance in meters of 
                                                                                         forward masthead light 
                     Vessel                                        No.                   below minimum required 
                                                                                         height; Sec.  2(a)(i), 
                                                                                                 annex I        
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS CHEYENNE....................................  SSN-773                                                   3.5 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    3. Table Three of 706.2 is amended by adding the following vessel:


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

* * * * *

                                                                         Table 3                                                                        
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                                                                                                    Side                                                
                                                                                                   lights       Stern      Forward                      
                                                       Masthead                                   distance     light,      anchor       Anchor lights   
                                                      lights arc  Side lights   Stern light arc  inboard of   distance     light,    relationship of aft
             Vessel                      No.              of         are of     of visibility;     ship's    forward of    height      light to forward 
                                                     visibility;  visibility;     rule 21(c)      sides in    stern in   above hull    light in meters; 
                                                      rule 21(a)   rule 21(b)                      meters;     meters;   in meters;     2(K), annex 1   
                                                                                                    3(b),    rule 21(c)     2(K),                       
                                                                                                   annex 1                 annex 1                      
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                   *                  *                  *                  *                  *                  *                  *                  
USS CHEYENNE....................  SSN-773            ...........  ...........  209 deg.                 4.4         6.1         3.4  1.7 below          
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[[Page 9107]]


    Dated: February 21, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-5346 Filed 3-6-96; 8:45 am]
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