[Federal Register Volume 62, Number 94 (Thursday, May 15, 1997)]
[Rules and Regulations]
[Pages 26742-26743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12765]


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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 CARNEY (DDG 64) is a vessel of the Navy which, due to its 
special construction and purpose, cannot comply fully 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: May 1, 1997.

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

[[Page 26743]]

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 CARNEY (DDG 64) is a 
vessel of the Navy which, due to its special construction and purpose, 
cannot comply fully with the following specific provision 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. 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 as 
follows:

    Authority: 33 U.S.C. 1605.

    2. Table Five of Sec. 706.2 is amended by revising the entry for 
the USS CARNEY to read as follows:


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

* * * * *

                                                                       Table Five                                                                       
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                                                   Masthead lights not over all                                  After masthead light less    Percentage
                                                         other lights and         Forward masthead light not   than \1/2\ ship's length aft   horizontal
             Vessel                     No.         obstructions. annex I, sec.   in forward quarter of ship.   of forward masthead light.    separation
                                                               2(f)                   annex I, sec. 3(a)            annex I, sec. 3(a)         attained 
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                   *                  *                  *                  *                  *                  *                  *                  
USS Carney.....................  DDG 64            X                             X                             X                                    19.7
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
                                                                                                                                                        
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    Dated: May 1, 1997.

    Approved:
R. R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 97-12765 Filed 5-14-97; 8:45 am]
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