[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Rules and Regulations]
[Pages 67059-67060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31258]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706

Certifications and Exemptions Under the International Regulations 
for Preventing Collisions at Sea, 1972; Amendment
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) of the Navy has determined 
that USS LABOON (DDG 58) 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 
functions as a naval ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: December 5, 1995.

FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy, 
Admiralty Counsel, Office of the Judge Advocate General, Navy 
Department, 200 Stovall Street, Alexandria, VA 22332-2400; Telephone 
number: (703) 325-9744.

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) of the Navy, under authority delegated by the 
Secretary of the Navy, has certified that USS LABOON (DDG 58) 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 location of the forward 
masthead light in the forward quarter of the vessel, the placement of 
the after masthead light, and the horizontal distance between the 
forward and after masthead lights; Annex I, paragraph 2(f)(i) 
pertaining to placement of the masthead light or lights above and clear 
of all other lights and obstructions; and, 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) 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.

    Accordingly, 32 CFR Part 706 is amended as follows:

PART 706--[AMENDED]

    1. The authority citation for 32 CFR Part 706 continues to read:

    Authority: 33 U.S.C. 1605.

    2. Table Five of Sec. 706.2 is amended by revising the entry for 
``USS LABOON'' 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 not      Forward     light less              
                                                             over all      masthead     than \1/2\    Percentage
                                                           other lights  light not in     ship's      horizontal
               Vessel                        No.               and          forward     length aft    separation
                                                          obstructions.   quarter of    of forward    attained. 
                                                          annex I, sec.   ship. annex    masthead               
                                                               2(f)      I, sec. 3(a)  light. annex             
                                                                                       I, sec. 3(a)             
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS LABOON.........................  DDG 58                          X             X             X          20.4
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------


[[Page 67060]]

    Dated: December 5, 1995.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 95-31258 Filed 12-27-95; 8:45 am]
BILLING CODE 3810-FF-P