[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)]
[Rules and Regulations]
[Pages 9744-9745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4932]


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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 DENVER (LPD 9) 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: November 21, 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. 1065, 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 DENVER (LPD 9) 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; Annex I, section 2 (g), pertaining to the distance of 
the sidelights above the hull; 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 DENVER:


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 below 
               Vessel                       Number            minimum   
                                                              required  
                                                            height. Sec.
                                                              2(a)(i),  
                                                              annex I   
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
USS DENVER.........................  LPD 9                          4.4 
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *
    3. Table Four, Paragraph 19 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for the USS DENVER:


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

* * * * *

------------------------------------------------------------------------
                                                             Distance in
                                                              meters of 
                                                              sidelights
               Vessel                         Number            above   
                                                               maximum  
                                                               allowed  
                                                                height  
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
USS DENVER..........................  LPD 9                          4.9
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------


[[Page 9745]]

* * * * *
    4. Table Five of Sec. 706.2 is amended by revising the entry for 
the USS DENVER 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                                                   
----------------------------------------------------------------------------------------------------------------
                                                          Masthead      Forward                                 
                                                         lights not     masthead    After masthead              
                                                          over all     light not    light less than   Percentage
                                                        other lights   in forward   2 ship's length   horizontal
              Vessel                       No.              and        quarter of   aft of forward    separation
                                                       obstructions.  ship. annex   masthead light.    attained 
                                                       annex I, sec.    I, sec.      annex I, sec.              
                                                            2(f)          3(a)           3(a)                   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS DENVER.......................  LPD 9                        N/A           N/A  X                        54.7
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: November 21, 1997.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 98-4932 Filed 2-25-98; 8:45 am]
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