[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Rules and Regulations]
[Page 19935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10620]



[[Page 19935]]

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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 Amendment

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) of the Navy has determined 
that USS John Paul Jones (DDG 53) 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 destroyer. The intended effect of this rule is to 
warn mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: March 20, 1997.

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, Virginia, 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 John Paul Jones (DDG 53) 
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: Annex I, section 3(a), pertaining to the location of the 
foreward masthead light in the forward quarter of the ship; and the 
horizontal distance between the forward and after masthead lights, 
without interfering with its special functions as a naval destroyer. 
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 Five of Sec. 706.2 is amended by revising the entry for 
the USS John Paul Jones 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                                                                       
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                                                                                                             After mast head light                      
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage    
             Vessel                     Number          all other lights and    not in forward quarter of    length aft of forward        horizontal    
                                                       obstructions. Annex I,    ship. Annex I, sec. 3(a)  masthead light. Annex I,  separation attained
                                                             sec. 2(f)                                             sec. 3(a)                            
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                   *                  *                  *                  *                  *                  *                  *                  
USS John Paul Jones.............  DDG 53             X........................  X........................  X.......................  18.9               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: March 20, 1997.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
    Dated: April 10, 1997.
[FR Doc. 97-10620 Filed 4-23-97; 8:45 am]
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