[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2571-2572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-919]



[[Page 2571]]

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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 HIGGINS (DDG 76) 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: September 1, 1998.

FOR FURTHER INFORMATION CONTACT:
Captain R.R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the 
Judge Advocate General, Navy Department, Washington Navy Yard, 
Washington, DC 20374-5066. Telephone number: (202) 685-5040.

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 HIGGINS (DDG 76) 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 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 HIGGINS:


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 HIGGINS.................  DDG 76..............  1.92 meters.
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

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


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 HIGGINS.................  DDG 76..............  102.00 thru 112.50
                                                     deg..
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    4. Table Five of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for USS HIGGINS:


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

* * * * *

[[Page 2572]]



                                                                       Table Five
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                                                                                                                         After masthead
                                                                                      Masthead lights      Forward      light less than
                                                                                        not over all    masthead light    \1/2\ ship's      Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                     Vessel                                       No.                       and           quarter of        forward         separation
                                                                                       obstructions,    ship, annex I,  masthead light,      attained
                                                                                       annex I, sec.      sec. 3(a)      annex I, sec.
                                                                                            2(f)                              3(a)
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                   *                  *                  *                  *                  *                  *                  *
USS HIGGINS.....................................  DDG 76............................               X                X                X             14.0
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: September 1, 1998.

    Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 99-919 Filed 1-14-99; 8:45 am]
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