[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53529-53530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26644]


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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 ROOSEVELT (DDG 80) 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: May 30, 2001.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Office of the Judge Advocate General, 1322 Patterson Avenue, 
Suite 3000, 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 
ROOSEVELT (DDG 80) is a vessel of the Navy which, due to its special 
construction and purpose, cannot fully comply with the following

[[Page 53530]]

specific provision of the 72 COLREGS without interfering with its 
special function as a naval ship: Annex I paragraph 3(a) pertaining the 
horizontal distance between the forward and after masthead lights. 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 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 16 of Sec. 706.2 is amended by revising, 
in numerical order, the following entry for U.S.S. ROOSEVELT:


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

* * * * *

------------------------------------------------------------------------
                                              Obstruction angle relative
           Vessel                 Number            ship's headings
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
USS ROOSEVELT...............  DDG  80         109.34 thru 112.50 deg..
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


    3. Table Five of Sec. 706.2 is amended by revising, in numerical 
order, the following entry for U.S.S. ROOSEVELT:


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    Forward masthead       less than \1/2\     Percentage
                                                                             over all other     light not in forward  ship's length aft of   horizontal
                  Vessel                               Number                  lights and         quarter of ship.      forward masthead     separation
                                                                           obstructions. annex   annex I, sec. 3(a)   light. annex I, sec.    attained
                                                                              I, sec. 2(f)                                    3(a)
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                   *                  *                  *                  *                  *                  *                  *
USS ROOSEVELT.............................  DDG 80                                          X                     X                     X           14.6
 
                   *                  *                  *                  *                  *                  *                  *
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    Dated: May 30, 2001.
G.A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 01-26644 Filed 10-22-01; 8:45 am]
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