[Federal Register Volume 64, Number 91 (Wednesday, May 12, 1999)]
[Rules and Regulations]
[Pages 25434-25435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12024]
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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 JOHN S. McCAIN (DDG 56) 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 JOHN S. McCAIN (DDG 56)
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 JOHN S. McCAIN (DDG 56) 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 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 JOHN S. McCAIN.............. DDG 56 X........................ X........................ X....................... 19.8
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[[Page 25435]]
Dated: February 3, 1999.
R.R. Pixa,
Capt, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty).
[FR Doc. 99-12024 Filed 5-11-99; 8:45 am]
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