61098 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

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 3 of § 706.2 is amended by

adding, in numerical order, the

following entry for USS Tornado:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

TABLE 3

Vessel No.

Masthead

lights arc of

visibility;

rule 21(a)

Side lights

arc of visibility; rule

21(b)

Stern light

arc of visibility; rule

21(c)

Side lights

distance inboard of

ship’s sides

in meters

3(b) annex

1

Stern light,

distance forward of

stern in meters; rule

21(c)

Forward anchor light,

height

above hull

in meters;

2(K) annex

1

Anchor

lights relationship of

aft light to

forward light

in meters

2(K) annex

1

*******

USS Tornado .................... PC–14 .................... .................... .................... .................... 27.81 3.01 1.1 below

* * * * * **

1Only when towing.

* * * * *

Approved: January 24, 2000.

G.A. Cervi,

Lieutenant Commander, JAGC, U.S. Navy,

Deputy Assistant Judge Advocate General

(Admiralty and Maritime Law).

Editorial Note: This document was

received at the Office of the Federal Register

October 6, 2000.

[FR Doc. 00–26261 Filed 10–13–00; 8:45 am]

BILLING CODE 3810–FF–P

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 Benfold (DDG 65)

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 function as a

naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: June 5, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander G. A. Cervi,

JAGC, U.S. Navy Deputy Assistant Judge

Advocate (Admiralty and Maritime

Law), Office of the Judge Advocate

General, Navy, Department, 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 (Admiralty and Maritime Law)

of the Navy, 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 comply fully 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. 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.

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 because it is

based on technical findings that the

placement of lights on this vessel in a

manner different 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.

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 5 of § 706.2 is amended by

revising the entry for USS Benfold to

read as follows:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61099

TABLE 5

Vessel No.

Masthead

lights not over

all otehr lights

and obstructions. annex I,

sec. 2(f)

Forward masthead light not

in forward

quarter of

ship. annex I,

sec. 3(a)

After masthead light less

than 1⁄2 ship’s

length aft of

forward masthead light.

annex I, sec.

3(a)

Percentage

horizontal separation attained.

*******

USS Benfold ......................................................................... DDG 65 X X X 20.0

Approved: June 5, 2000.

G.A. Cervi,

Lieutenant Commander, JAGC, U.S. Navy,,

Deputy Assistant Judge Advocate General

(Admiralty and Maritime Law).

[FR Doc. 00–26260 Filed 10–13–00; 8:45 am]

BILLING CODE 3810–FF–P

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 of the Navy (Admiralty and

Maritime Law) has determined that USS

Winston S. Churchill (DDG 81) 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: March 7, 2000.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Gregg A. Cervi,

JAGC, U.S. Navy, Deputy Assistant

Judge Advocate General (Admiralty and

Maritime Law), Office of the Judge

Advocate General, Navy Department,

Washington Navy Yard, 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 of the Navy (Admiralty and

Maritime Law), under authority

delegated by the Secretary of the Navy,

has certified that USS Winston S.

Churchill (DDG 81) 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 2(f)(i)

pertaining to placement of the masthead

light or lights above and clear of all

other lights and obstructions, Annex I

paragraph 2(f)(ii) pertaining to the

vertical placement of the task lights,

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, and

Annex I paragraph 3(c) pertaining to the

horizontal placement of the task 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.

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 4, paragraph 15 of § 706.2 is

amended by adding, in numerical order,

the following entry for USS Winston S.

Churchill:

§ 706.2 Certifications of the Secretary of

the Navy under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

TABLE 4

Vessel Number

Horizontal distance from the

fore and aft centerline of the

vessel in the athwartship direction

*******

USS Winston S. Churchill .................................................................................................................. DDG 81 1.87 meters.

*******

* * * * *