[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46759-46761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15898]


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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 BAINBRIDGE (DDG 96) 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.

DATES: Effective Date: April 12, 2005.

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 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 BAINBRIDGE (DDG 96) 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 the placement of the masthead 
light or lights above and clear of all other lights and obstructions; 
Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of 
task lights; Annex I, paragraph 3(a), pertaining to the location of the 
forward masthead light in the forward quarter of the ship, and the 
horizontal distance between the forward and after masthead lights; and

[[Page 46760]]

Annex I, paragraph 3(c), pertaining to placement of task lights not 
less than two meters from the fore and aft centerline of the ship in 
the athwartship direction. 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), Vessels.


0
For the reasons set forth in the preamble, amend part 706 of title 32 
of the Code of Federal Regulations as follows:

PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL 
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

0
1. The authority citation for part 706 continues to read:

    Authority: 33 U.S.C. 1605.


0
2. Table Four, Paragraph 15 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS BAINBRIDGE:


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

* * * * *

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                                                                      Horizontal distance from the fore and aft
                 Vessel                            Number            centerline of the vessel in the athwartship
                                                                                      direction
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                                                  * * * * * * *
USS BAINBRIDGE.........................  DDG 96....................  1.90 meters.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. Table Four, Paragraph 16 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS BAINBRIDGE:


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

* * * * *

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                 Vessel                            Number             Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS BAINBRIDGE.........................  DDG 96....................  108.75 thru 112.50.
 
                                                  * * * * * * *
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0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS BAINBRIDGE:


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      light less than
                                                                                        not over all    masthead light     1/2 ship's       Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                     Vessel                                     Number                      and           quarter 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 BAINBRIDGE.................................  DDG 96.............................               X                X                X             14.5
 
                                                                      * * * * * * *
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[[Page 46761]]

    Approved: April 12, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 05-15898 Filed 8-10-05; 8:45 am]
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