[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53525-53526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26639]


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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 and Maritime Law) has 
determined that USS BULKELEY (DDG 84) 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: June 15, 2001.

FOR FURTHER INFORMATION CONTACT: Captain Richard T. Evans, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Office of the Judge Advocate General, Department of the Navy, 
1322 Patterson Ave., SE, Suite 3000, Washington Navy Yard, 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 and Maritime Law), under authority delegated by the 
Secretary of the Navy, has certified that USS BULKELEY (DDG 84) 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 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; 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; Annex I, paragraph 2(f)(i), pertaining to the 
placement of the masthead light or lights above and clear of all other 
lights and obstructions; and Annex I, paragraph 2(f)(ii), pertaining to 
the vertical placement of task lights. The Deputy Assistant Judge 
Advocate General (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 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 BULKELEY:

[[Page 53526]]

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

* * * * *

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                                                                      Horizontal distance (in meters) from the
                 Vessel                              No.            fore and aft centerline of the vessel in the
                                                                                athwartship direction
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*                  *                  *                  *                  *                  *
                                                        *
USS BULKELEY............................  DDG 84                    1.90
 
*                  *                  *                  *                  *                  *
                                                        *
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    3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for USS BULKELEY:


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

* * * * *

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                 Vessel                              No.             Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
USS BULKELEY............................  DDG 84                    104.74 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 BULKELEY:


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 over   Forward masthead light    less than \1/2\ ship's
             Vessel                     No.          all other lights and     not in forward quarter     length aft of forward    Percentage horizontal
                                                    obstructions. annex I,    of ship. annex I, sec.   masthead light. Annex I,    separation attained
                                                           sec. 2(f)                   3(a)                   sec. 3(a).
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                   *                  *                  *                  *                  *                  *                  *
USS BULKELEY...................  DDG 84            X.......................  X.......................  X.......................  14.1
 
                   *                  *                  *                  *                  *                  *                  *
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    Dated: June 15, 2001.
Richard T. Evans,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 01-26639 Filed 10-22-01; 8:45 am]
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