[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61094-61095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26265]


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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

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 of the Navy (Admiralty and Maritime 
Law) has determined that USS Stethem (DDG 63) 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: May 4, 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, 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 of the Navy (Admiralty and Maritime Law), under authority 
delegated by the Secretary of the Navy, has certified that USS Stethem 
(DDG 63) 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. 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.

[[Page 61095]]


    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 5 of Sec. 706.2 is amended by revising the entry for USS 
Stethem 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 5
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                                                                                       After mast-
                                                            Masthead       Forward     head light
                                                           lights not     masthead    less than \1/
                                                            over all    light not in    2\ ship's    Percentage
                  Vessel                        No.       other lights     forward     length aft    horizontal
                                                              and        quarter of    of forward    separation
                                                         obstructions.   ship. annex    masthead      attained
                                                         annex I, sec.  I, sec. 3(a)  light. annex
                                                              2(f)                    I, sec. 3(a)
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        *                  *                  *                  *                   *                  *
                                                         *
USS Stethem..............................       DDG 63              X             X             X          20.8
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    Approved: May 4, 2000.
G.A. Cervi,
Lieutenant Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, 
General (Admiralty and Maritime Law).
[FR Doc. 00-26265 Filed 10-13-00; 8:45 am]
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