[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Rules and Regulations]
[Pages 48070-48071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23163]


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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

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 FALCON (MHC 59) 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: August 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, 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 authority delegated by the 
Secretary of the Navy, has certified that USS FALCON (MHC 59) 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.

    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. Section 706.2 is amended by adding the following entry for USS 
FALCON 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.

* * * * *
Table Four
* * * * *
    18. * * *

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                                                               Obscured angles relative to ship's heading       
            Vessel                      Number         ---------------------------------------------------------
                                                                    Port                         STBD           
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS FALCON....................  MHC 59................  65.0 deg. to 75.6 deg......  284.1 deg. to 294.6 deg.   
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[[Page 48071]]


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    Dated: August 21, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 96-23163 Filed 9-11-96; 8:45 am]
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