[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)] [Rules and Regulations] [Pages 2572-2573] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-918] ----------------------------------------------------------------------- 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 DULUTH (LPD 6) 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: September 1, 1998. FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the Judge Advocate General, Navy Department, Washington Navy Yard, Washington, DC 20374-5066. Telephone Number: (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) of the Navy, under authority delegated by the Secretary of the Navy, has certified that USS DULUTH (LPD 6) 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 functions as a naval ship: Annex I, section 2 (a)(i), pertaining to the height of the forward masthead light and Annex I, section 3(a), pertaining to the horizontal distance between the forward and after masthead lights. The Deputy Assistant Judge Advocate General (Admiralty) of the Navy 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 One of Sec. 706.2 is amended by adding, in numerical order, the following entry for the USS DULUTH: Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * ---------------------------------------------------------------------------------------------------------------- Distance in meters of forward masthead light Vessel Number below minimum required height. Sec. 2(a)(i), Annex I ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS DULUTH..................................... LPD 6................................ 4.4 * * * * * * * ---------------------------------------------------------------------------------------------------------------- 3. Table Five of Sec. 706.2 is amended by revising the entry for the USS DULUTH 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 2573]] Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- Masthead lights After masthead not over all Forward light less than other lights masthead light 2 ship's length Percentage Vessel No. and not in forward aft of forward horizontal obstructions. quarter of masthead light. separation annex I, sec. ship. annex I, annex I, sec. attained 2(f) sec. 3(a) 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS DULUTH...................................... LPD 6............................. N/A N/A X 56.8 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Dated: September 1, 1998. Approved: R.R. Pixa, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty). [FR Doc. 99-918 Filed 1-14-99; 8:45 am] BILLING CODE 3810-FF-M