[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 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                      *.....................          *           *          *          *          *          *           *            *
USS BATAAN..........................  LHD 5.................  .........  ..........  .........  .........  .........        2.9        98.6   ..........
                                                                                                                                                        
                                      *.....................          *           *          *          *          *          *           *            *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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)              
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                          *         *         *         *         *         *         *                         
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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