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 Department of Defense Department of the Navy 32 CFR Part 706
 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
 Executive Order 11964 33 U.S.C. 1605
 
 
 
 **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