[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Rules and Regulations]
[Pages 36291-36292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17498]


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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 KINGFISHER (MHC 56) 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: June 25, 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, 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

[[Page 36292]]

authority delegated by the Secretary of the Navy, has certified that 
USS KINGFISHER (MHC 56) 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 mineclearance 
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.

* * * * *

------------------------------------------------------------------------
                                               Obscured angles relative 
                                                   to ship's heading    
            Vessel                 Number    ---------------------------
                                                  Port          STBD    
------------------------------------------------------------------------
Kingfisher...................  MHC 56.......  59.5 deg. to  281.7 deg.  
                                               78.3 deg..    to 300.5   
                                                             deg..      
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    Dated: June 25, 1996.

    Approved.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-17498 Filed 7-9-96; 8:45 am]
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