[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52302-52303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17528]


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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 WINSTON S. CHURCHILL (DDG 81) 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 WINSTON S. CHURCHILL (DDG 
81) 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; and 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. 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.


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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.


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2. Table Four, Paragraph 16 of Sec.  706.2 is amended by revising the 
entry for USS WINSTON S. CHURCHILL 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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                 Vessel                            Number             Obstruction angle relative ship's headings
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                                                  * * * * * * *
USS WINSTON S. CHURCHILL...............  DDG 81....................  103.72 thru 112.50.
 
                                                  * * * * * * *
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[[Page 52303]]

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3. Table Five of Sec.  706.2 is amended by revising the entry for USS 
WINSTON S. CHURCHILL 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 WINSTON S. CHURCHILL.....................................     DDG 81                  X                   X                   X                14.0
 
                                                                      * * * * * * *
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    Approved: July 6, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 05-17528 Filed 9-1-05; 8:45 am]
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