[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53528-53529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26642]


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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 of the Navy (Admiralty and Maritime 
Law) has determined that USS IWO JIMA (LHD 7) 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: November 28, 2001.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Office of the Judge Advocate General, Department of the Navy, 
1322 Patterson Ave., SE, Suite 3000, 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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that USS IWO JIMA 
(LHD 7) 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: Rule 21(a), pertaining to the location of the masthead 
lights over the fore and aft centerline of the ship; Annex I, section 
2(g), pertaining to the distance of the sidelights above the hull; 
Annex I, section 3(a), pertaining to the location of the forward 
masthead light in the forward quarter of the ship; and the horizontal 
distance between the forward and after masthead lights; and Annex I, 
section 3(b), pertaining to the positioning of the sidelights in 
relationship to the forward masthead light, without interfering with 
its special functions as an amphibious assault ship. The Deputy 
Assistant Judge Advocate General of the Navy (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 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 Two of Sec. 706.2 is amended by adding the following entry 
for USS IWO JIMA:


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

* * * * *

                                                                        Table Two
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                                                                                                                                    Side
                                                                Forward                  AFT anchor                    Side       lights,        Side
                                                   Masthead      anchor      Forward       light,                    lights,      distance     lights,
                                                   lights,       light,       anchor      distance     Aft anchor    distance    forward of    distance
                                                 distance to    distance      light,    below flight     light,       below       forward     inboard of
              Vessel                    No.        stbd of       below      number of;      dk in      number of;   flight dk     masthead      ship's
                                                   keel in     flight dk       Rule     meters; Rule      Rule      in meters;    light in     sides in
                                                   meters;     in meters;    30(a)(i)    21(e), Rule   30(a)(ii)   Sec.  2(g),    meters;      meters;
                                                  Rule 21(a)  Sec.  2(K),                 30(a)(ii)                  Annex I    Sec.  3(b),  Sec.  3(b),
                                                              Annex I \6\                    \6\                                  Annex I      Annex I
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USS IWO JIMA......................        LHD 7  ...........  ...........  ...........  ............  ...........         2.97        88.80  ...........
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\6\ Blank (or no entry) under this column indicates full compliance with the specific COLREGS requirement.


    3. Table Five of Sec. 706.2 is amended by adding the following 
entry for USS IWO JIMA:


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 light
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage
             Vessel                      No.            all other lights and    not in forward quarter of    length aft of forward        horizontal
                                                       obstructions. annex I,    ship. annex I, sec. 3(a)  masthead light. annex I,  separation attained
                                                             sec. 2(f)                                             sec. 3(a)
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USS IWO JIMA....................  LHD 7              .........................  X........................  X.......................  40.9
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[[Page 53529]]

    Dated: November 8, 2000.
G.A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).

    Editorial Note: This document was received at the Office of the 
Federal Register on October 18, 2001.

[FR Doc. 01-26642 Filed 10-22-01; 8:45 am]
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