[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2572-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-918]


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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 DULUTH (LPD 6) 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: September 1, 1998.

FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy, 
Admiralty Counsel, Office of the Judge Advocate General, Navy 
Department, Washington Navy Yard, Washington, DC 20374-5066. Telephone 
Number: (202) 685-5040.

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 DULUTH (LPD 6) 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 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 DULUTH:


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

* * * * *

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                                                                                          Distance in meters of
                                                                                         forward masthead light
                     Vessel                                      Number                  below minimum required
                                                                                         height. Sec.  2(a)(i),
                                                                                                 Annex I
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*                  *                  *                  *                  *                  *
                                                        *
USS DULUTH.....................................  LPD 6................................                      4.4
*                  *                  *                  *                  *                  *
                                                        *
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    3. Table Five of Sec. 706.2 is amended by revising the entry for 
the USS DULUTH to read as follows:


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

* * * * *

[[Page 2573]]



                                                                       Table Five
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                                                                                      Masthead lights                    After masthead
                                                                                        not over all       Forward      light less than
                                                                                        other lights    masthead light  2 ship's length     Percentage
                     Vessel                                       No.                       and         not in forward   aft of forward     horizontal
                                                                                       obstructions.      quarter of    masthead light.     separation
                                                                                       annex I, sec.    ship. annex I,   annex I, sec.       attained
                                                                                            2(f)          sec. 3(a)           3(a)
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                   *                  *                  *                  *                  *                  *                  *
USS DULUTH......................................  LPD 6.............................             N/A              N/A                X             56.8
                   *                  *                  *                  *                  *                  *                  *
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    Dated: September 1, 1998.

    Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).
[FR Doc. 99-918 Filed 1-14-99; 8:45 am]
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