Navigation, COLREGS compliance exemptions: USS BARRY,

[Federal Register: May 12, 1999 (Volume 64, Number 91)]

[Rules and Regulations]

[Page 25433]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12my99-8]

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.

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 BARRY (DDG 52) 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 BARRY (DDG 52) 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 BARRY (DDG 52) 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

   After masthead Masthead

   Forward light less lights not masthead light than \1/2\ Percentage over all other not in forward ship's length horizontal Vessel

   No.

   lights and quarter of aft of forward separation obstructions. ship. annex I, masthead

   attained annex I, sec. sec. 3(a) light. annex 2(f)

   I, sec. 3(a)

   USS BARRY.......................

   DDG 52

   X

   X

   X

   19.8

   Dated: February 3, 1999. R.R. Pixa, Capt, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty).

   [FR Doc. 99-12022Filed5-11-99; 8:45 am]

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