[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14966-14967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8213]



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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 MILIUS (DDG 69) 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: March 20, 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 MILIUS (DDG 69) 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, Paragraph 15 of Sec. 706.2 is amended by adding the 
following entry:


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

* * * * *

------------------------------------------------------------------------
                                               Horizontal distance from 
                                                   the fore and aft     
             Vessel                  No.       centerline of the vessel 
                                                  in the athwartship    
                                                       direction        
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
USS MILIUS.....................  DDG 69       1.93 meters.              
------------------------------------------------------------------------

    3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding the 
following entry:


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

* * * * *

------------------------------------------------------------------------
                                              Obstruction angle relative
             Vessel                  No.            ship's headings     
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
USS MILIUS.....................  DDG 69       102.30 thru 112.50 deg.   
------------------------------------------------------------------------

    4. Table Five of Sec. 706.2 is amended by adding the following 
entry:


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

* * * * *

[[Page 14967]]


                                                                       Table Five                                                                       
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                                                                                                                   After masthead                       
                                                                      Masthead lights not    Forward masthead   light less than \1/                     
                                                                         over all other        light not in       2\ ship's length        Percentage    
                   Vessel                              No.                 lights and       forward quarter of     aft of forward         horizontal    
                                                                      obstructions. annex  ship. annex I, sec.    masthead light.    separation attained
                                                                          I, sec. 2(f)             3(a)          annex I, sec. 3(a)                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
USS MILIUS.................................  DDG 69                                    X                    X                    X                 20.4 
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    Dated: March 20, 1996.

    Approved:
R.R. Pixa,
CAPT, JAGC, U.S. Navy, Depty Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-8213 Filed 4-3-96; 8:45 am]
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