[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Rules and Regulations]
[Pages 47944-47946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24297]


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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 DECATUR (DDG 73) 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 29, 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 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 DECATUR (DDG 73) 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 2(f)(ii) pertaining to the vertical placement of 
task lights; Annex

[[Page 47945]]

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 as 
follows:

    Authority: 33 U.S.C. 1605.

    2. Table Four, Paragraph 15 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for USS DECATUR:


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 centerline of 
           Vessel                    Number           the vessel in the 
                                                         athwartship    
                                                          direction     
------------------------------------------------------------------------
                                                                        
      *                   *                   *                   *     
                    *                   *                  *            
USS DECATUR.................  DDG 73                1.87 meters.        
                                                                        
      *                   *                   *                   *     
                   *                   *                   *            
------------------------------------------------------------------------

    3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for USS DECATUR:


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

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                             Obstruction angle relative ship's  
                 Vessel                               Number                             headings               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
USS DECATUR............................  DDG 73                           103.00 thru 112.50 deg..              
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
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    4. Table Five of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for USS DECATUR:


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

* * * * *

                                                                       Table Five                                                                       
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                                                                                                             After masthead light                       
                                                      Masthead lights not all     Forward masthead light    less than \1/2\ ship's        Percentage    
             Vessel                      No.              other lights and      not in forward quarter of    length aft of forward        horizontal    
                                                       obstructions. annex I,    ship. annex I, sec. 3(a)  masthead light. annex I,  separation attained
                                                             sec. 2(f).                                            sec. 3(a)                            
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                *                   *                   *                   *                   *                   *                   *               
USS DECATUR.....................  DDG 73             X........................  X........................  X.......................  14.0               
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
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[[Page 47946]]

    Dated: August 29, 1997.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 97-24297 Filed 9-11-97; 8:45 am]
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