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sponse to a court order, it is advisable that certified copies rather than originals be furnished and that, where original records are to be produced, the assistance of the U.S. Attorney or U.S. Marshal be requested so that custody of the records may be maintained.

[26 F.R. 11715, Dec. 7, 1961, as amended at 31 F.R. 11219, Aug. 25, 1966]

§ 701.3 Production of official records in the absence of court order.

(a) Furnishing information from personnel and related records to personnel concerned. Whether or not litigation is involved, naval personnel, civilian employees of the Naval Establishment, their personal representatives, e.g., executors, guardians, etc., or other properly interested parties, may be furnished copies of records or information therefrom relating to death, personal injury, loss, or property damage to or involving such personnel, without following the procedures prescribed in either paragraph (c) or (d) of § 701.2, provided the interests of the United States are not prejudiced thereby. All such requests (except requests for medical records, for such traffic accident reports as described in subparagraph (2) of this paragraph, and for records relating to matters under the cognizance of the General Counsel) shall be referred to the Judge Advocate General.

(1) Medical records. Requests for medical records shall be processed in accordance with the Department of Defense policy set forth in §§ 66.1-66.2 of this title, as implemented by the Manual of the Medical Department. If, in processing such a request for medical records, it appears that the interests of the United States may be involved, then such requests shall be referred to the Judge Advocate General. Production of medical certificates or other medical reports concerning civilian employees is controlled by the provisions of the Executive Order and the Federal Personnel Manual referred to in § 701.2(e).

(2) Provost marshal or base police reports of traffic accidents. Local commanders are authorized to release copies of traffic accident investigative reports where service personnel are not involved and where no government vehicle is involved, provided the interest of the United States will not be prejudiced thereby. Release may be made to any properly interested party or his authorized representative. If it appears that the interests of the United States may be

involved, then such requests shall be referred to the appropriate District Legal Officer (and in Guam, Staff Legal Officer) or the Judge Advocate General. (Charges will be made in accordance with the schedule of fees published in the Navy Comptroller Manual, paragraph 035887 (minimum fee $3). Fees collected will be credited as set forth in the Navy Comptroller Manual, paragraph 043145.)

(b) Matters under the cognizance of the General Counsel. The General Counsel, Navy Department, Washington, D.C. 20360, has been designated to act for the Secretary of the Navy with regard to requests for records in matters under his cognizance, i.e., in all cases in the field of business and commercial law. These matters are further outlined in the pertinent paragraph of the United States Government Organization Manual (e.g., page 175 of the 1963-64 edition).

(c) Confidential nature of military personnel records. Officers' and enlisted men's records are deemed confidential for good cause found within the meaning of the Administrative Procedure Act (5 U.S.C. 1002(c)) except to persons properly and directly concerned, including the serviceman himself, and personal representatives of the serviceman, e.g., executors, guardians, etc., who present proper proof thereof.

(d) How to address requests for military, medical and other personnel records. The serviceman, former serviceman, or personal representative may obtain access to the health and medical records of both Navy and Marine Corps personnel by applying to the Chief of the Bureau of Medicine and Surgery, Navy Department, Washington, D.C. 20360. Applications for Navy and Marine Corps personnel records should be addressed to the Chief of Naval Personnel, Navy Department, Washington, D.C. 20370, or to the Commandant of the Marine Corps, Headquarters, U.S. Marine Corps, Washington, D.C. 20380, as appropriate. Applications may be made in

person or in writing.

(Sec. 501, 65 Stat. 290; 5 U.S.C. 140) [28 F.R. 12254, Nov. 19, 1964, as amended at 29 F.R. 16194, Dec. 3, 1964; 30 F.R. 10971, Aug. 25, 1965; 31 F.R. 11219, Aug. 25, 1966; 34 F.R. 8022, May 22, 1969]

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Certificates of full faith and

§ 701.5 credit.

The Judge Advocate General, the Deputy Judge Advocate General and any

Assistant Judge Advocate General are hereby authorized each to execute certificates of full faith and credit certifying the signatures and authority of officers of the Department of the Navy.

SUBCHAPTER B-NAVIGATION

PART 706-NAVIGATIONAL LIGHT WAIVERS

Sec.

706.1 Purpose of regulations. 706.2

Certifications of the Secretary of the Navy under 33 U.S.C. 360 and 1052. AUTHORITY: The provisions of this Part 706 issued under sec. 1, 59 Stat. 590, sec. 2, 77 Stat. 194; 33 U.S.C. 360, 1052.

CROSS-REFERENCE: For lights of Coast Guard vessels of special construction, see 33 CFR Part 135.

§ 706.1 Purpose of regulations.

(a) All ships are warned that, when U.S. naval vessels are met on the high seas or on navigable waters of the United States during periods when navigational lights may be displayed, certain navigational lights of some naval vessels may vary from the requirements of the Regulations for Preventing Collisions at Sea, 1960, 33 U.S. Code sections 1061-1094, and rules applicable to the navigable waters of the United States, as to number, position, range of visibility or arc of visibility. These differences are necessitated by reasons of military function or special construction of the naval ships. An example is the aircraft carrier where the two white lights are in most instances on the island superstructure considerably displaced from the center or keel line of the vessel when viewed from ahead. Certain other naval vessels cannot comply with the horizontal separation requirements of the white lights, and the two white lights on even large naval vessels, such as some cruisers, will thus appear to be crowded together when viewed from a distance. Other naval vessels may also have unorthodox navigational light arrangements or characteristics when seen either underway or at anchor.

(b) Naval vessels may also be expected to display certain other lights. These lights include, but are not limited to, different colored recognition light signals, landing lights on carriers, and pulsating red lights to indicate speed to

other naval ships. These lights may sometimes be shown in combination with navigational lights.

(c) During peacetime naval maneuvers, naval ships, alone or in company, may also dispense with showing any lights, though efforts will be made to display lights on the approach of shipping.

(d) 33 U.S. Code, sections 360 and 1052 provide that the requirements of the Regulations for Preventing Collisions at Sea, 1960, the Inland Rules, the Great Lakes Rules, and Western River Rules, as to the number, position, range of visibility, or arc of visibility of lights required to be displayed by vessels, shall not apply to any vessel or class of vessels of the Navy where the Secretary of the Navy shall find or certify that, by reason of special construction or purpose, it is not possible for such vessel or class of vessels to comply with the statutory provisions as to lights.

(e) This part consolidates and codifies certificates of the Secretary of the Navy under 33 U.S.C. 360 and 1052. It has been determined that, because of their construction, it is not possible for the classes or types of naval vessels listed in this part to comply with all of the requirements of the statutes enumerated in sections 360 and 1052, Title 33, United States Code. [30 F.R. 11171, Aug. 31, 1965]

§ 706.2 Certifications of the Secretary of the Navy under 33 U.S.C. 360 and 1052.

The Secretary of the Navy hereby finds and certifies that the classes or types of vessels listed in this section are naval vessels of special construction and that, with respect to the position of the navigation lights listed in this section, it is not possible to comply with the requirements of the statutes enumerated in sections 360 and 1052 of Title 33, United States Code. The Secretary of the Navy further finds and certifies that the navigation lights listed in this section conform as closely as feasible to the applicable statutory requirements.

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TABLE TWO

SUBMARINES

(a) One, 20-point white light is generally carried in the forward part of the vessel and will not be less than 15 feet above the hull. This light is visible over a maximum arc of 27 points, that is from right ahead to 51⁄2 points (62 degrees) abaft the beam on either side.

(b) A second, 20-point or other white light is not installed.

(c) Side lights may be visible simultaneously across the bow. The side lights may also be visible 30 degrees abaft the beam.

(d) Lights required by International Rule 4 are not installed.

(e) The white light showing to the stern will be visible over a maximum arc of 23 points of the compass, that is from right astern to 112 points (approximately 126 degrees) to either side. This light is not installed at the stern but may be located from 20 to 190 feet forward of the stern.

(f) The forward anchor light may be carried up to a maximum of 60 feet aft of the stem and is carried at a height not less than 6 feet above the hull. The after anchor light may be carried at a greater height.

NOTES

1. The after range light when carried by naval vessels is a 20-point white light as required by International Rule 2(a) (ii).

2. The arc of visibility of the after 20-point white light on certain heavy cruisers (CA) may be obstructed by as much as one point when viewed from ahead.

3. On aircraft carriers (CVA and CVS) and aircraft carrier types (LPH, T-AKV, and AVT), the following additional variations exist:

a. The two 20-point white lights (masthead light and range light) are located at a maximum distance of 94 feet to the left of the keel line when viewed from ahead. distance is measured perpendicularly from the keel line to the two white lights.)

(This

b. The forward anchor lights are located a maximum of 8 feet vertically below the uppermost continuous deck (two lights at the same level). These lights are located forward and on either side of the vessel.

c. The after anchor lights are located a maximum of 31 feet vertically below the uppermost continuous deck (two lights at the same level). These lights are located aft and on either side of the vessel.

4. On certain Command Ships and Major Communications Relay Ships (CC-2 and AGMR-2 types converted from aircraft carrier hull), the following additional variations exist:

a. Towing lights, when displayed, will meet the requirements for vertical separation; however, the lower light will be located 3-9 feet above the hull.

b. Five degrees of the arc of visibility of the range light on the CC-2 type ships is

obstructed at a point commencing approximately 21⁄2 points forward of the port beam.

c. The number and position of the forward and after anchor lights for CC-2 type ships are the same as those of other classes of aircraft carriers described in Notes 3b and 3c of this section.

d. The lights mentioned in Table One with respect to CC-2 and AGMR-2 type ships are located on the center or keel line.

e. The masthead light shall be carried at a height of 15 feet or more above the hull. 5. On mechanized landing craft (LCM) and certain utility landing craft (LCU) only one 20-point white light is installed and is located in the after part of the ship. Also in certain utility landing craft, the 20-point white light is located 11 feet or less to the left of the keel line when viewed from ahead. 6. On 94-feet aircraft rescue boats (no hull classification) and motor-torpedo boats (PT), the 20-point white light is located at a maximum of 14 feet below the required height (based on International Rule 2 (a) (iii)).

7. On motor-torpedo boats (PT) the lower towing light is located at a maximum of 4 feet below the required height (based on International Rule 3(a)).

8. On hydrofoil patrol craft (PC(H) class):

a. The masthead and anchor lights shall be located on the centerline and two feet aft of the amidship point instead of in the forepart of such vessels.

b. The anchor light shall be carried at a height above the hull of more than 20 feet. 9. On self-propelled crane (no hull classification) considerable reduction in the all around visibility of anchor lights exists. Two sets of "not under command" lights are installed, one set on either side of the superstructure (based on International Rule 4(a)).

10. Great Lakes-Naval vessels operating on the Great Lakes shall carry their navigational lights and shapes at the positions complying with the Regulations for Preventing Collisions at Sea, 1960, except as follows: For naval vessels under 150 feet in length requiring only one white light under the Regulations for Preventing Collisions at Sea, 1960, an additional all around white light will be carried which in some cases may be carried less than 50 feet abaft the forward light. In addition, the after white range light required by Rule 3(c), Great Lakes Rules, is a 20-point white light, so fixed as to show the light 10 points on each side of the vessel, that is, from right ahead to two points abaft the beam on either side. These vessels will, however, carry the white light stern light required by Rule 10, Regulations for Preventing Collisions at Sea, 1960, to light the vessel aft. At anchor these vessels will display in lieu of the two lights forward and two lights aft, Rule 9, Great Lakes Rules, a single all around white anchor light forward and a single all around white anchor light aft located in accordance with Rule 11

(a) and (b), Regulations for Preventing Collisions at Sea, 1960, as modified for aircraft carriers and aircraft carrier types by Note 3 of this section. Submarines will be lighted as provided by Table Two.

"11. On motor gunboats (PGM), guided missile destroyers known as the DDG-2 Class, and on destroyer-type vessels when engaged in towing vessels or objects exceeding 600 feet in length, the two lower of the three towing 20-point white lights will be separated from 3 feet to 15 feet vertically in lieu of the prescribed 6-foot separation. On radome equipped PGM's, the three towing lights shall be carried in a vertical line, equally spaced and not less than 3 feet apart in lieu of the prescribed 6-foot separation (based on International Rule 3 (a)).

12. On Mine Countermeasures Support Ships (MCS 1 Class), the after anchor light will be carried at a height not less than 4 feet lower than the forward anchor light in lieu of the required 15 feet (based on International Rule 11(b)). The after 20-point white light will be obstructed, in arc of visibility, for approximately 1° when viewed from dead ahead.

13. On motor gunboats (PGM), the three task lights shall be carried in a vertical line, equally spaced and not less than 3 feet apart in lieu of the prescribed 6-foot separation (based on International Rule 4(c)).

14. On Side Loaded Warping Tugs the 20point white light (masthead light) will be located 551⁄2 feet, or approximately twothirds of the vessel's length, aft of the bow, rather than in the forepart of the vessel (based on International Rule 2(a) (i) and Inland Article 2(a)). Also, this light will be located 5 feet to starboard of the vessel's centerline.

15. On Landing Craft Repair Ships (ARL) the lower two towing lights in the three-light presentation (based on International Rule 3(a) and Inland Article 3(a)) will be obstructed when viewed from off the vessel's port and starboard bow. There will be a 1.5° arc of obstruction, from 10° through 11.5°, relative to the vessel's head; and a 2.5° arc

of obstruction, from 346° through 348.5°, relative to the vessel's head.

[30 F.R. 11171, Aug. 31, 1965, as amended at 30 F.R. 14707, Nov. 27, 1965; 30 F.R. 15324, Dec. 11, 1965; 31 FR. 4956, Mar. 25, 1966; 31 F.R. 6962, May 12, 1966; 32 F.R. 2624, Feb. 8, 1967; 32 FR. 8808, June 28, 1967; 32 F.R. 14388, Oct. 18, 1967; 33 F.R. 2846, Feb. 10, 1968; 33 F.R. 5770, Apr. 13, 1968; 33 F.R. 7760, May 28, 1968; 34 F.R. 8355, May 30, 1969]

PART 707-DISTINCTIVE LIGHTS AUTHORIZED FOR SUBMARINES

§ 707.1 Display of distinctive lights by submarines.

(a) In accordance with Rule 13(a), International Rules, and Article 13, Inland Rules, the Secretary of the Navy has authorized the display of a distinctive light by U.S. Naval submarines in international waters and in the inland waters of the United States. The light will be exhibited in addition to the presently prescribed navigational lights for submarines.

(b) The normal navigational lights of submarines have been found to be easily mistaken for those of small vessels when in fact submarines are large deep draft vessels with limited maneuvering characteristics while they are on the surface. The newly authorized light is expected to promote safety at sea by assisting in the identification of submarines.

(c) U.S. submarines may therefore display an amber rotating light producing 90 flashes per minute visible all around the horizon at a distance of at least 3 miles, the light to be located not less than 2 feet, and not more than 6 feet, above the masthead light.

(Sec. 1 (art. 13), 30 Stat. 99, sec. 4 (rule 13(a)), 77 Stat. 203; 33 U.S.C. 182, 1073(a)) [30 F.R. 11173, Aug. 31, 1965, as amended at 32 F.R. 8589, June 15, 1967]

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