[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)]
[Rules and Regulations]
[Pages 9744-9745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4932]
-----------------------------------------------------------------------
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) of the Navy has determined
that USS DENVER (LPD 9) 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 21, 1997.
FOR FURTHER INFORMATION CONTACT:
Captain R. R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the
Judge Advocate General, Navy Department, 200 Stovall Street,
Alexandria, Virginia, 22332-2400, Telephone Number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1065, 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 DENVER (LPD 9) 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), 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 One of Sec. 706.2 is amended by adding, in numerical
order, the following entry for the USS DENVER:
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 below
Vessel Number minimum
required
height. Sec.
2(a)(i),
annex I
------------------------------------------------------------------------
* * * *
* * *
USS DENVER......................... LPD 9 4.4
* * * *
* * *
------------------------------------------------------------------------
* * * * *
3. Table Four, Paragraph 19 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for the USS DENVER:
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 DENVER.......................... LPD 9 4.9
* * * *
* * *
------------------------------------------------------------------------
[[Page 9745]]
* * * * *
4. Table Five of Sec. 706.2 is amended by revising the entry for
the USS DENVER 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
----------------------------------------------------------------------------------------------------------------
Masthead Forward
lights not masthead After masthead
over all light not light less than Percentage
other lights in forward 2 ship's length horizontal
Vessel No. and quarter of aft of forward separation
obstructions. ship. annex masthead light. attained
annex I, sec. I, sec. annex I, sec.
2(f) 3(a) 3(a)
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
USS DENVER....................... LPD 9 N/A N/A X 54.7
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Dated: November 21, 1997.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 98-4932 Filed 2-25-98; 8:45 am]
BILLING CODE 3810-FF-M
