[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61097-61098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26261]


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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 of the Navy (Admiralty and Maritime 
Law) has determined that USS Tornado (PC 14) 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: January 24, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Gregg A. Cervi, 
JAGC, U.S. Navy Deputy Assistant Judge Advocate General (Admiralty and 
Maritime Law), 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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that USS Tornado 
(PC 14) 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 23(a)(ii) pertaining to vessels more than 50 meters in 
length exhibiting a second masthead light; Annex I paragraph 2(k) 
pertaining to placement of the forward anchor light not less than six 
meters above the hull and not less than 4.5 meters above the after 
anchor light; and, Rule 21(c) pertaining to the placement of the stern 
light as nearly as practicable at the stern. The Deputy Assistant Judge 
Advocate General of the Navy (Admiralty and Maritime Law) 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

[[Page 61098]]

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 3 of Sec. 706.2 is amended by adding, in numerical order, 
the following entry for USS Tornado:


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

* * * * *

                                                                         Table 3
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                                                                                                                                               Anchor
                                                                                                   Side lights  Stern light,     Forward       lights
                                                          Masthead     Side lights   Stern light    distance      distance       anchor     relationship
                                                         lights arc      arc of        arc of      inboard of    forward of      light,     of aft light
                 Vessel                        No.           of        visibility;   visibility;  ship's sides    stern in    height above   to forward
                                                         visibility;   rule 21(b)    rule 21(c)     in meters   meters; rule     hull in      light in
                                                         rule 21(a)                               3(b) annex 1      21(c)     meters; 2(K)   meters 2(K)
                                                                                                                                 annex 1       annex 1
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                   *                  *                  *                  *                  *                  *                  *
 USS Tornado............................            PC-1............  ............  ............  ............      27.8\1\          3.01     1.1 below
 
                     *                  *                  *                  *                  *                  *              *
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\1\ Only when towing.

* * * * *

    Approved: January 24, 2000.
G.A. Cervi,
Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate 
General (Admiralty and Maritime Law).

    Editorial Note: This document was received at the Office of the 
Federal Register October 6, 2000.

[FR Doc. 00-26261 Filed 10-13-00; 8:45 am]
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