[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Rules and Regulations]
[Pages 29612-29613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14289]


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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 STOUT (DDG 55) 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

[[Page 29613]]

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: May 8, 1998.

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 STOUT (DDG 55) 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 vessel, 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), 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 STOUT 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-              
                                                            Masthead       Forward     head light               
                                                           lights not     masthead    less than \1/             
                                                            over all    light not in    2\ ship's    Percentage 
              Vessel                        No.           other lights     forward     length aft    horizontal 
                                                              and        quarter of    of forward    separation 
                                                         obstructions.   ship. annex    masthead      attained  
                                                         annex I, sec.  I, sec. 3(a)  light. annex              
                                                              2(f)                    I, sec. 3(a)              
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS STOUT........................  DDG 55                           X             X             X          19.6 
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: May 8, 1998.

    Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 98-14289 Filed 5-29-98; 8:45 am]
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