[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Page 25433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12022]
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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 (Admiralty) of the Navy has determined
that USS BARRY (DDG 52) 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
functions as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: February 3, 1999.
FOR FURTHER INFORMATION CONTACT: Captain Rand R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Washington
Navy Yard, 1322 Patterson Avenue SE, Suite 3000, Washington, 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) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS BARRY (DDG 52) is a
vessel of the Navy which, due to its special construction and purpose,
cannot comply fully 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 horizontal distance between the
forward and after masthead lights. The Deputy Assistant Judge Advocate
General (Admiralty) 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), 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 Five of Sec. 706.2 is amended by revising the entry for
USS BARRY (DDG 52) 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
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After masthead
Masthead Forward light less
lights not masthead light than \1/2\ Percentage
over all other 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 BARRY....................... DDG 52 X X X 19.8
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Dated: February 3, 1999.
R.R. Pixa,
Capt, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty).
[FR Doc. 99-12022 Filed 5-11-99; 8:45 am]
BILLING CODE 3810-FF-P
