[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58278-58279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16323]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 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.

DATES: Effective Date: September 21, 2006.

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 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), 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 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; and Annex I, paragraph 2(f)(ii), 
pertaining to the vertical placement of task 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. All other 
previously certified deviations from the 72 COLREGS not affected by 
this amendment remain in effect.
    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
For the reasons set forth in the preamble, amend part 706 of title 32 
of the Code of Federal Regulations as follows:

PART 706-CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL 
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

0
1. The authority citation for part 706 continues to read:

    Authority: 33 U.S.C. 1605.


0
2. In Table Five of Sec.  706.2 revise the entry for USS BENFOLD (DDG 
65) 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 mast-head
                                              Masthead lights      Forward      light less than
                                                not over all    masthead light     1/2 ship's       Percentage
                                                other lights    not in forward   length aft of      horizontal
            Vessel                   No.            and           quarter of        forward         separation
                                               obstructions.    ship. Annex I,  masthead light.      attained
                                               Annex I, sec.      sec. 3(a)      Annex I, sec.
                                                    2(f)                              3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS BENFOLD...................  DDG 65......               X                X                X             14.8
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 58279]]

    Approved: September 21, 2006.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law.
    Dated: September 26, 2006.
M.A. Harvison,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. E6-16323 Filed 10-2-06; 8:45 am]
BILLING CODE 3810-FF-P