[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Rules and Regulations]
[Pages 40449-40450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19831]


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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

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 PEARL HARBOR (LSD 52) 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 vessel. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: June 26, 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 PEARL HARBOR (LSD 52) 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 horizontal 
distance between the forward and after masthead lights, without 
interfering with its special function as a naval vessel. 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 adding, in numerical 
order, the following entry for the USS PEARL HARBOR:


Sec. 706.2  Certifications of the Secretary of the Navy under Executive 
Order 11964 and 33 U.S.C. 1605.

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[[Page 40450]]



                                                   Table Five                                                   
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                                                                                          After                 
                                                            Masthead                    masthead                
                                                           lights not      Forward     light less               
                                                            over all      masthead     than \1/2\    Percentage 
                                                          other lights  light not in     ship's      horizontal 
                  Vessel                        No.           and          forward     length aft    separation 
                                                         obstructions.   quarter of    of forward     attained  
                                                         Annex I, sec.   ship. Annex    masthead                
                                                              2(f)      I, sec. 3(a)  light. Annex              
                                                                                      I, sec. 3(a)              
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS PEARL HARBOR.........................       LSD 52                                          X          63.9 
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: June 26, 1997.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty).
[FR Doc. 97-19831 Filed 7-28-97; 8:45 am]
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