[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Rules and Regulations]
[Pages 9904-9905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5837]



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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 PAUL HAMILTON (DDG 60) 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: February 26, 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 PAUL HAMILTON (DDG 60) 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 3(a), pertaining to the location of the 
forward masthead light in the forward quarter of the vessel, the 
placement of the after masthead light, and the horizontal distance 
between the forward and after masthead lights; 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(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; 
and, Rule 21(a), pertaining to the masthead light unbroken arc of 
visibility over an arc of the horizon of 225 degrees and visibility 
from right ahead to abaft the beam of 22.5 degrees. 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 Five of Sec. 706.2 is amended by revising the entry for 
USS PAUL HAMILTON (DDG 60) as follows:

[[Page 9905]]



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

* * * * *

                                                   Table Five                                                   
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                                                                                     After masthead             
                                                    Masthead lights      Forward       light less               
                                                     not over all    masthead light    than \1/2\     Percentage
                                                   other lights and  not in forward   ship's length   horizontal
             Vessel                     No.          obstructions.     quarter of    aft of forward   separation
                                                     annex I, sec.   ship. annex I,     masthead       attained 
                                                         2(f)           sec. 3(a)     light. annex              
                                                                                      I, sec. 3(a)              
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS PAUL HAMILTON..............  DDG 60            X                 X               X                      20.4
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: February 25, 1996.
R. R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-5837 Filed 3-11-96; 8:45 am]
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