[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Rules and Regulations]
[Pages 18486-18487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9170]


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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 HIGGINS (DDG 76) 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: October 10, 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 HIGGINS (DDG 76) is a 
vessel of the Navy which, due to its special construction and purpose, 
cannot fully comply with the following specific provision 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. 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:

[[Page 18487]]

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 
the entry for USS HIGGINS to read as follows:


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 HIGGINS......................   DDG 76   108.60 thru 112.50 deg.
 
                  *        *        *        *        *
------------------------------------------------------------------------


    3. Table Five of Sec. 706.2 is amended by revising the entry for 
USS HIGGINS to read as follows:


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
                                                                            Masthead lights    Forward masthead   light less than \1/     Percentage
                                                                          not over all other     light not in      2\ ship's length       horizontal
                       Vessel                                 No.             lights and      forward quarter of    aft of forward        separation
                                                                             obstructions.      ship. annex I,      masthead light.        attained
                                                                          annex I, sec. 2(f)       sec. 3(a)      annex I, sec. 3(a)
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                                             *         *         *          *         *         *         *
USS HIGGINS.........................................             DDG 76                   X                   X                   X                14.8
                                             *         *         *          *         *         *         *
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    Dated: October 10, 2001.
Richard T. Evans,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 02-9170 Filed 4-15-02; 8:45 am]
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