[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61098-61099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26260]


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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 Benfold (DDG 65) 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 
function as a naval ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander G. A. Cervi, 
JAGC, U.S. Navy Deputy Assistant Judge Advocate (Admiralty and Maritime 
Law), Office of the Judge Advocate General, Navy, Department, 
Washington Navy Yard, 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 and Maritime Law) of the Navy, under authority 
delegated by the Secretary of the Navy, has certified that USS Benfold 
(DDG 65) is a vessel of the Navy which, due to its special construction 
and purpose, cannot comply fully with the following specific provisions 
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 and Maritime Law) 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 because it is based on technical findings that the placement 
of lights on this vessel in a manner different 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.

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 5 of Sec. 706.2 is amended by revising the entry for USS 
Benfold to read as follows:


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

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[[Page 61099]]



                                                     Table 5
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                                                                                  After masthead
                                                     Masthead         Forward       light less
                                                    lights not    masthead light    than \1/2\      Percentage
                                                  over all otehr  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 Benfold.....................          DDG 65               X               X               X            20.0
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    Approved: June 5, 2000.
G.A. Cervi,
Lieutenant Commander, JAGC, U.S. Navy,, Deputy Assistant Judge Advocate 
General (Admiralty and Maritime Law).
[FR Doc. 00-26260 Filed 10-13-00; 8:45 am]
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