Navigation, COLREGS compliance exemptions: USS MITSCHER,

[Federal Register: June 26, 2006 (Volume 71, Number 122)]

[Rules and Regulations]

[Page 36193-36194]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26jn06-6]

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.

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 MITSCHER (DDG 57) 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: May 26, 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 MITSCHER (DDG 57) 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; Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task lights; and Rule 21(a), pertaining to the arc of visibility of the forward masthead light. 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 of Sec. 706.2 amend Paragraph 16 by revising the entry for USS MITSCHER (DDG 57) to read as follows:

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

* * * * *

[[Page 36194]]

Obstruction angle relative Vessel

Number

ship's headings

* * * * * * * USS MITSCHER.......................... DDG 57.................................. 109.66[deg] thru 112.50[deg].

* * * * * * *

0 3. In Table Five of Sec. 706.2 revise the entry for USS MITSCHER (DDG 57) 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

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)

* * * * * * * USS MITSCHER........................................

DDG 57 ..................

X

X

12.4

* * * * * * *

Approved: May 26, 2006. Gregg A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General Admiralty and Maritime Law.

[FR Doc. E6-10033 Filed 6-23-06; 8:45 am]

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