[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]


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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.

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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 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                                                                       
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                                                                                                    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                                                   
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                                                       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)                  
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
USS BONHOMME RICHARD............  LHD 6                            X                X                       39.8
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[[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]
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