Department of the Navy, DOD.
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 and Maritime Law) has determined that USS BENFOLD (DDG 65) 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: September 21, 2006.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Commander Gregg A. Cervi, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-5066, telephone 202-685-5040.End Further Info End Preamble Start Supplemental 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), 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 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; and Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task 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. All other previously certified deviations from the 72 COLREGS not affected by this amendment remain in effect.
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.Start List of Subjects
List of Subjects in 32 CFR Part 706End List of Subjects Start Amendment Part
For the reasons set forth in the preamble, amend part 706 of title 32 of the Code of Federal Regulations as follows:End Amendment Part Start Part
PART 706-CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972End Part Start Amendment Part
1. The authority citation for part 706 continues to read:End Amendment Part Start Amendment Part
2. In Table Five of § 706.2 revise the entry for USS BENFOLD (DDG 65) to read as follows:End Amendment Part
|Vessel||No.||Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f)||Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a)||After mast-head 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||14.8|
|* * * * * * *|
Approved: September 21, 2006.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law.
Dated: September 26, 2006.
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
[FR Doc. E6-16323 Filed 10-2-06; 8:45 am]
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