[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Page 25433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12022]


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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 BARRY (DDG 52) 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: February 3, 1999.

FOR FURTHER INFORMATION CONTACT: Captain Rand R. Pixa, JAGC, U.S. Navy, 
Admiralty Counsel, Office of the Judge Advocate General, Washington 
Navy Yard, 1322 Patterson Avenue SE, Suite 3000, 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 BARRY (DDG 52) 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 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.

PART 706--[AMENDED]

    Accordingly, 32 CFR Part 706 is amended as follows:
    1. The authority citation for 32 CFR Part 706 continues to read:

    Authority: 33 U.S.C. 1605.

    2. Table Five of Sec. 706.2 is amended by revising the entry for 
USS BARRY (DDG 52) 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
                                                     Masthead         Forward       light less
                                                    lights not    masthead light    than \1/2\      Percentage
                                                  over all other  not in forward   ship's length    horizontal
             Vessel                     No.         lights and      quarter of    aft of forward    separation
                                                   obstructions.  ship. annex I,     masthead        attained
                                                   annex I, sec.     sec. 3(a)     light. annex
                                                       2(f)                        I, sec. 3(a)
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USS BARRY.......................          DDG 52               X               X               X            19.8
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    Dated: February 3, 1999.
R.R. Pixa,
Capt, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty).
[FR Doc. 99-12022 Filed 5-11-99; 8:45 am]
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