[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53523-53524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26640]


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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 U.S.S. Tempest (PC 2) 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 17, 2000.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Department of the Navy, Office of the Judge Advocate General, 
1322 Patterson Avenue, 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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that U.S.S. 
Tempest (PC 2) 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 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 light involved is 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.

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

    2. Table Three of Sec. 706.2 is amended by revising the entry for 
U.S.S. Tempest to read as follows:

[[Page 53524]]



                                                                                             Table 3
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                                                                                                                                 Side lights     Stern light,                     Anchor lights
                                                                                  Masthead       Side lights     Stern light      distance         distance      Forward anchor  relationship of
                                                                                lights arc of      arc of          arc of        inboard of       forward of     light, height     aft light to
                     Vessel                                   No.                visibility;     visibility;     visibility;    ship's sides     stern in in     above hull in    forward light
                                                                                 rule 21(a)      rule 21(b)      rule 21(c)      in meters;      meters; rule     meters; 2(K)   in meters; 2(K)
                                                                                                                                3(b) annex 1        21(c)           annex 1          annex 1
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TEMPEST........................................  PC 2........................  ..............  ..............  ..............  ..............       28.26 \1\             3.01       1.1 below
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\1\ Only when towing.


    Dated: September 7, 2000.
G.A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 01-26640 Filed 10-22-01; 8:45 am]
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