[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53530-53531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26647]


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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 OSCAR AUSTIN (DDG 79) 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 10, 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. 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 OSCAR 
AUSTIN (DDG 79) 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

[[Page 53531]]

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 OSCAR AUSTIN:


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

* * * * *

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                                                                                            Obstruction angle
                    Vessel                                      Number                  relative ship's headings
----------------------------------------------------------------------------------------------------------------
 
      *                   *                   *                   *                   *                   *
                                                           *
USS OSCAR AUSTIN..............................  DDG 79................................  107.94 thru 112.50 deg..
 
      *                   *                   *                   *                   *                   *
                                                           *
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    3. Table Five of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for USS OSCAR AUSTIN:


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-
                                              Masthead lights      Forward      head light less
                                                not over all    masthead light     than \1/2\       Percentage
                                                other lights    not in forward   ship's length      horizontal
           Vessel                   No.             and           quarter of     aft of forward     separation
                                               obstructions.    ship. annex I,  masthead light.      attained
                                               annex I, sec.      sec. 3(a)      annex I, sec.
                                                    2(f)                              3(a)
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       *                   *                   *                   *                 *                   *
                                                          *
USS OSCAR AUSTIN............  DDG 79                       X                X                X             14.7
 
       *                   *                   *                   *                 *                   *
                                                          *
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    Dated: January 10, 2001.
G.A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 01-26647 Filed 10-22-01; 8:45 am]
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