[Federal Register: August 11, 2005 (Volume 70, Number 154)]
[Rules and Regulations]
[Page 46759-46761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au05-8]
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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.
* * * * * * *
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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
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* * * * * * *
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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