[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)] [Rules and Regulations] [Pages 9742-9744] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-4933] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 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 BONHOMME RICHARD (LHD 6) 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 8, 1998. FOR FURTHER INFORMATION CONTACT: Captain R.R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the Judge Advocate, General, Navy Department, [[Page 9743]] 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 BONHOMME RICHARD (LHD 6) 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, in numerical order, the following entry for USS BONHOMME RICHARD: Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Two -------------------------------------------------------------------------------------------------------------------------------------------------------- AFT anchor Side Masthead Forward light, Side light, 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 light in sides in meters; in meters; 30 (a)(i) rule 30(a)(ii) meters; meters; meters; rule Sec. 21(e), 2(g), Sec. Sec. 21(a) 2(K), rule annex I 2(b), 3(b), annex I 30(a)(ii) annex I annex I -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS BONHOMME RICHARD................... LHD 6 9.0 2.9 89.6 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * 3. Table Five of Sec. 706.2 is amended by adding, in numerical order, the following entry for USS BONHOMME RICHARD: Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Five ---------------------------------------------------------------------------------------------------------------- Masthead After masthead lights not Fordward light less than over all masthead light \1/2\ ship's Percentage other lights not in forward length aft of horizontal Vessel No. and quarter of forward separation obstructions. ship. Annex I, masthead light. attained Annex I, sec. sec. 3(a) Annex I, sec. 2(f) 3(a) ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS BONHOMME RICHARD............ LHD 6 X X 39.8 * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 9744]] Dated: January 8, 1998. R.R. Pixa, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty). [FR Doc. 98-4933 Filed 2-25-98; 8:45 am] BILLING CODE 3810-FF-P