[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Pages 18272-18274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9599]


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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 DUBUQUE (LPD 8) 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 
functions as a naval ship. The intended effect of this rule is to warn 
mariners in waters where 72 COLREGS apply.

EFFECTIVE DATE: March 6, 1997.

FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy, 
Admiralty Counsel, Office of the Judge Advocate General, Navy 
Department, 200 Stovall Street, Alexandria, Virginia, 22332-2400, 
Telephone Number: (703) 325-9744.

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

[[Page 18273]]

the Navy, has certified that USS DUBUQUE (LPD 8) 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 functions as a naval ship: Annex I, 
section 2 (a)(i), pertaining to the height of the forward masthead 
light; Annex I, section 2(g), pertaining to the distance of the 
sidelights above the hull; and, Annex I, section 3(a), pertaining to 
the horizontal distance between the forward and after masthead lights. 
The Deputy Assistant Judge Advocate General (Admiralty) of the Navy 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 One of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for the USS DUBUQUE:


Sec. 706.2  Certifications of the Secretary of the Navy Under Executive 
Order 11964 and 33 U.S.C. 1605.

* * * * *

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                                                                    Distance in meters of forward masthead light
                 Vessel                            Number                below minimum required height. Sec.    
                                                                                  2(a)(i), Annex I              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS DUBUQUE.............................  LPD 8                     4.2                                         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    3. Table Four of Sec. 706.2 is amended by adding the following 
paragraph:


Sec. 706.2  Certifications of the Secretary of the Navy Under Executive 
Order 11964 and 33 U.S.C. 1605.

* * * * *
    19. Sidelights on the following ships do not comply with Annex I, 
Section 2 (g):

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                                                                       Distance in meters of sidelights above   
                 Vessel                            Number                      maximum allowed height.          
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS DUBUQUE.............................  LPD 8                     1.2                                         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    4. Table Five of Sec. 706.2 is amended by adding, in numerical 
order, the following entry for the USS DUBUQUE:


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 lights  Forward masthead   light less than                  
                                            not over all      light not in      \1/2\ ship's       Percentage   
            Vessel                No.     other lights and   forward quarter    length aft of      horizontal   
                                            obstructions.    of ship. annex   forward masthead     separation   
                                            annex I, sec.     I, sec. 3(a)     light. annex I,      attained.   
                                                2(f)                              sec. 3(a)                     
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS DUBUQUE..................  LPD 8      N/A.............  N/A.............  X...............  57              
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[[Page 18274]]

    Dated: March 6, 1997.

    Approved:
W. T. Storz,
Commander, JAGC, U.S. Navy, Acting Deputy Assistant Judge Advocate 
General (Admiralty).
[FR Doc. 97-9599 Filed 4-14-97; 8:45 am]
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