[Federal Register: March 29, 2006 (Volume 71, Number 60)]
[Rules and Regulations]
[Page 15565-15566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr06-6]
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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 CARNEY (DDG 64) 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: March 15, 2006.
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 CARNEY (DDG 64) 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 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. All other previously certified
deviations from the 72 COLREGS not affected by this amendment remain in
effect.
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.
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. In Table Four, Paragraph 16 of Sec. 706.2 remove the entry for USS
CARNEY (DDG 64).
0
3. In Table Five of Sec. 706.2 revise the entry for USS CARNEY (DDG
64) to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
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[[Page 15566]]
Table Five
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After masthead light
Masthead lights not Forward masthead light less than \1/2\ ship's Percentage
Vessel No. over all other lights not in forward quarter aft of forward horizontal
and obstructions. of ship. Annex I, sec. masthead light. Annex separation
Annex I, sec. 2(f) 3(a) I, sec. 3(a) attained
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* * * * * * *
USS CARNEY.......................... DDG 64................ ...................... X..................... X..................... 14.4
* * * * * * *
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Approved: March 15, 2006.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate (General
Admiralty and Maritime Law).
[FR Doc. 06-2994 Filed 3-28-06; 8:45 am]
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