Federal Register: October 16, 2000 (Volume 65, Number 200)
DOCID: FR Doc 00-26417
DEPARTMENT OF DEFENSE
Navy Department
CFR Citation: 32 CFR Part 706
NOTICE: RULES
ACTION: Navigation, COLREGS compliance exemptions:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
EFFECTIVE DATES: March 7, 2000.
DOCUMENT 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 of the Navy (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.
SUMMARY:
USS WINSTON S. CHURCHILL,
SUPPLEMENTAL 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 of the Navy (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 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 the task lights, Annex I paragraph 3(a) pertaining to the location of the forward masthead light in the forward quarter of the vessel, and the horizontal distance between the forward and after masthead lights, and Annex I paragraph 3(c) pertaining to the horizontal placement of the task lights. The Deputy Assistant Judge Advocate General of the Navy (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.
Accordingly, 32 CFR part 706 is amended as follows: PART 706[AMENDED]
1. The authority citation for 32 CFR part 706 continues to read as follows:
Authority: 33 U.S.C. 1605.
2. Table 4, paragraph 15 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS Winston S. Churchill:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table 4
Horizontal distance from the
fore and aft centerline of
Vessel Number the vessel in the athwartship
direction
* * * * * * *
USS Winston S. Churchill........................................... DDG 81 1.87 meters.
* * * * * * *
* * * * *
[[Page 61100]]
3. Table 4, paragraph 16 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS Winston S. Churchill:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table 4
Obstruction angle relative
Vessel Number ship's headings
USS Winston S. Churchill........................................... DDG 81 101.96 thru 112.50 deg..
* * * * * * *
4. Table 5 of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS Winston S. Churchill:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table 5
Masthead lights After masthead
not over all other Forward masthead light less than \1/ Percentage
lights and light not in 2\ ship's length horizontal
Vessel Number obstructions. forward quarter of aft of forward separation
annex I, sec. 2 ship. annex I, masthead light. attained
(f) sec. 3(a) annex I, sec. 3(a)
USS Winston S. Churchill.................................. DDG 81 X X X 13.8
* * * * * * * * * * * *
Approved: March 7, 2000.
G.A. Cervi,
Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).
[FR Doc. 0026417 Filed 101300; 8:45 am]
BILLING CODE 3810FFP
FOR FURTHER INFORMATION CONTACT
Lieutenant Commander Gregg A. Cervi, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Office of the Judge Advocate General, Navy Department, Washington Navy Yard, Washington, DC 203745066; telephone number: (202) 6855040.