[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11326-11327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6220]
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DEPARTMENT OF DEFENSE
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 BATAAN (LHD 5) 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: January 29, 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 the Navy, has certified that USS BATAAN (LHD 5)
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: Rule 21(a), pertaining to the location of the
masthead lights over the fore and aft centerline of the ship; Annex
I, section 2 (g), pertaining to the distance of the sidelights
above the hull; Annex I, section 3(a), petaining to the location of
the foreward masthead light in the forward quarter of the ship; and
the horizontal distance between the forward and after masthead
lights; and Annex I, section 3 (b), pertaining to the positioning
of the sidelights in relationship to the forward masthead light,
without interfering with its special functions as an amphibious
assault ship. 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 Two of Sec. 706.2 is amended by adding the entry for USS
BATAAN following the entry for USS BOXER:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Two
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AFT
anchor Side
Masthead Forward light, Side lights, Side
lights, anchor Forward distance AFT lights, distance lights,
distance light, anchor below anchor distance forward of distance
to stbd distance light, flight dk light, below forward inboard of
Vessel Number of keel below number in number flight dk masthead ship's
in flight dk of; Rule meters; of; rule in meters; light in sides in
meters; in meters; 30(a)(i) Rule 30(a)(ii) Sec. meters; meters;
Rule Sec. 21(e), 2(g), Sec. Sec.
21(a) 2(K), Rule Annex I 3(b), 3(b),
Annex I 30(a)(ii) Annex I Annex I
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*..................... * * * * * * * *
USS BATAAN.......................... LHD 5................. ......... .......... ......... ......... ......... 2.9 98.6 ..........
*..................... * * * * * * * *
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3. Table Five of Sec. 706.2 is amended by adding the entry for USS
BATAAN following the entry for USS Boxer:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
[[Page 11327]]
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After
Masthead Forward masthead
lights not masthead light less
over all light not in than \1/2\ Percentage
other lights forward ship's horizontal
Vessel Number and quarter of length aft separation
obstructions. ship. annex of forward attained
annex I, sec. I, sec. 3 masthead
2(f) (a) light. annex
I, sec. 3(a)
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* * * * * * *
USS BATAAN........................ LHD 5.............. ............. X X 39.7
* * * * * * *
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Approved:
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
Dated: January 29, 1997.
[FR Doc. 97-6220 Filed 3-11-97; 8:45 am]
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