[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37719-37720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18505]


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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 ARLEIGH BURKE (DDG 51) is a vessel of the Navy which, due to 
its special construction and purpose, cannot comply fully 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: June 23, 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, 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 ARLEIGH BURKE (DDG 51) is 
a vessel of the Navy which, due to its special construction and 
purpose, cannot comply fully with the following specific provision 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 ship, the 
placement of the after masthead light, and the horizontal distance 
between the forward and after masthead lights. 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), 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 ARLEIGH BURKE 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 masthead light                       
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage    
             Vessel                      No.            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 ARLEIGH BURKE...............  DDG 51             X........................  X........................  X.......................  19.0               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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[[Page 37720]]

    Dated: June 23, 1997.

    Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 97-18505 Filed 7-14-97; 8:45 am]
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