[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68515-68516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30421]


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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 of the Navy (Admiralty and Maritime 
Law) has determined that USS BENFOLD (DDG 65) 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 function as a naval ship. The intended effect of this rule is 
to warn mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: July 25, 2003.

FOR FURTHER INFORMATION CONTACT: Commander S. A. Kenney, 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 BENFOLD 
(DDG 65) is a vessel of the Navy which, due to its special construction 
and purpose, cannot fully comply 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 location of the forward 
masthead light in the forward quarter of the vessel, and the horizontal 
distance between the forward and after masthead lights. 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. This 
amendment further provides notice that the Deputy Assistant Judge 
Advocate General (Admiralty and Maritime Law), has amended that 
certification to reflect that certain masthead lights on USS BENFOLD 
(DDG 65), previously certified as not in compliance with 72 COLREGS, 
now comply with the applicable 72 COLREGS requirements, to wit: the arc 
of visibility of the forward masthead light is no longer obstructed, as 
required by Rule 21(a).
    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.

0
Accordingly, 32 CFR part 706 is amended as follows:

PART 706--[AMENDED]

0
1. The authority citation for 32 CFR part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.


Sec.  706.2  [Amended]

0
2. Table Four, Paragraph 16 of Sec.  706.2 is amended by removing the 
entry for USS BENFOLD.
0
3. Table Five of Sec.  706.2 is amended by revising the following entry 
for USS BENFOLD:
* * * * *

                                                                       Table Five
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                                                                                                                    After mast-head
                                                                            Masthead lights    Forward masthead   light less than \1/     Percentage
                                                                          not over all other     light not in      2\ ship's length       horizontal
                          Vessel                                 No.          lights and      forward quarter of    aft of forward        separation
                                                                             obstructions.      ship. annex I,      masthead light.        attained
                                                                          annex I, sec. 2(f)       sec. 3(a)      annex I, sec. 3(a)
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                                                                      * * * * * * *
USS BENFOLD...............................................       DDG 65                   X                   X                   X                21.0
 
                                                                      * * * * * * *
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[[Page 68516]]

    Dated: July 25, 2003.
S.A. Kenney,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
[FR Doc. 03-30421 Filed 12-8-03; 8:45 am]
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