Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

Federal Register, Volume 83 Issue 27 (Thursday, February 8, 2018)

Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)

Rules and Regulations

Pages 5536-5537

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-02554

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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 (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS THOMAS HUDNER (DDG 116) 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.

DATES: This rule is effective February 8, 2018 and is applicable beginning January 25, 2018.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, (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.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR part 706.

This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the secretary of the Navy, has certified that USS THOMAS HUDNER (DDG 116) 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 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 2(f) (ii), pertaining to the vertical placement of task lights; Rule 23(a), the requirement to display a forward and aft masthead light underway, and Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship in the athwartship direction. The DAJAG (Admiralty and Maritime Law) 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), Vessels.

For the reasons set forth in the preamble, the DoN amends part 706 of title 32 of the Code of Federal Regulations as follows:

PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

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1. The authority citation for part 706 continues to read:

Authority: 33 U.S.C. 1605.

Page 5537

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2. Section 706.2 is amended by:

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1. In Table Four, paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS THOMAS HUDNER (DDG 116); and

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b . In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS THOMAS HUDNER (DDG 116).

The additions read as follows:

Sec. 706 .2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

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15. * * *

Table Four

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Horizontal distance from

the fore and aft

Vessel Number centerline of the vessel

in the athwartship

direction

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USS THOMAS HUDNER............ DDG 115........ 1.81

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Table Five

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After mast-head

Masthead lights Forward masthead light less than \1/ Percentage

not over all other light not in 2\ ship's length horizontal

Vessel Number lights and forward quarter of aft of forward separation

obstructions. ship. annex I, masthead light. attained

annex I, sec. 2(f) sec. 3(a) annex I, sec. 3(a)

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USS THOMAS HUDNER...................... DDG 116........................ X X X 14.5

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Approved: January 25, 2018.

A.S. Janin,

Captain, USN, JAGC, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).

FR Doc. 2018-02554 Filed 2-7-18; 8:45 am

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