[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53531-53532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26646]


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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 WINSTON S. CHURCHILL (DDG 81) 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 9, 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, 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.

[[Page 53532]]

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 WINSTON S. CHURCHILL (DDG 
81) 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, and 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. 
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 adding, in 
numerical order, the following entry for USS WINSTON S. CHURCHILL:


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 WINSTON S. CHURCHILL........        DDG 81  103.72 thru 112.50 deg..
 
      *                  *                   *                   *
                  *                   *                   *
------------------------------------------------------------------------


    3. Table Five of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for USS WINSTON S. CHURCHILL:


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 mast-head
                                                                                   Masthead lights  Forward masthead   light less than
                                                                                    not over all      light not in      \1/2\ ship's       Percentage
                    Vessel                                     No.                other lights and   forward quarter    length aft of      horizontal
                                                                                    obstructions.    of ship. annex   forward masthead     separation
                                                                                    annex I, sec.     I, sec. 3(a)     light. annex I,      attained
                                                                                        2(f)                              sec. 3(a)
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                 *                  *                   *                   *                  *                   *                   *
USS WINSTON S. CHURCHILL......................  DDG 81                                          X                 X                 X              14.0
 
                 *                  *                   *                   *                  *                   *                   *
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    Dated: January 9, 2001.
G.A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 01-26646 Filed 10-22-01; 8:45 am]
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