[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25820-25821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12105]


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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 JUNEAU (LPD 10) is a vessel of the Navy which, due to it 
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: April 16, 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 JUNEAU (LPD) 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), 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 JUNEAU (LPD 10):


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
             Vessel                       Number           below minimum
                                                             required
                                                           height. Sec.
                                                          2(a)(i), Annex
                                                                 I
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
USS JUNEAU.....................  LPD 10.................            4.27
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


[[Page 25821]]

    3. Table Four, Paragraph 19 of Sec. 706.2 is amended by adding, in 
numerical order, the following entry for the USS JUNEAU (LPD 10):


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 JUNEAU.......................  LPD 10..................          1.6
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    4. Table Five of Sec. 706.2 is amended by revising the entry for 
the USS JUNEAU (LPD 10) 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
----------------------------------------------------------------------------------------------------------------
                                                                                     After masthead
                                                  Masthead lights      Forward      light less than
                                                   not over all     masthead light    \1/2\ ship's    Percentage
                                                 other lights and   not in forward   length aft of    horizontal
            Vessel                    No.          obstructions.      quarter of        forward       separation
                                                   annex I, sec.    ship. annex I,  masthead light.   attained.
                                                       2(f)           sec. 3(a)      annex I, sec.
                                                                                          3(a)
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
USS JUNEAU...................  LPD 10..........  N/A.............  N/A............  X..............         54.8
 
*                  *                  *                  *                  *                  *
                                                        *
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    Dated: April 16, 1999.
    Approved:
R.R. PIXA,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty).

    Dated: May 3, 1999.
Pamela A. Holden,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Certifying Officer.
[FR Doc. 99-12105 Filed 5-12-99; 8:45 am]
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