[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Rules and Regulations]
[Pages 46378-46379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22288]


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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 HOPPER (DDG 70) 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: August 1, 1996.

FOR FURTHER INFORMATION CONTACT: Lieutenant M.W. Kerns, JAGC, U.S. 
Navy, Assistant 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 HOPPER (DDG 70) 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.

    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 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.

* * * * *

------------------------------------------------------------------------
                                                    Horizontal distance 
                                                   from the fore and aft
              Vessel                   Number        centerline of the  
                                                       vessel in the    
                                                   athwartship direction
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
USS HOPPER.......................  DDG 70          1.83 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.

* * * * *

------------------------------------------------------------------------
                                                     Obstruction angle  
              Vessel                   Number         relative ship's   
                                                          headings      
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
USS HOPPER.......................  DDG 70          102.25 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.

* * * * *

[[Page 46379]]



                                                   Table Five                                                   
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                                                                                          After                 
                                                            Masthead                    masthead                
                                                           lights not      Forward     light less               
                                                            over all      masthead     than \1/2\    Percentage 
                                                          other lights  light not in     ship's      horizontal 
              Vessel                        No.               and          forward     length aft    separation 
                                                         obstructions.   quarter of    of forward     attained  
                                                         annex I, sec.   ship. annex    masthead                
                                                              2(f)      I, sec. 3(a)  light. annex              
                                                                                      I, sec. 3(a)              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS HOPPER.......................  DDG70                            X             X             X          20.4 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: August 1, 1996.
M.W. Kerns,
LT, JAGC, U.S. Navy, Acting Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-22288 Filed 8-30-96; 8:45 am]
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