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

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)

Federal Register Volume 83, Number 73 (Monday, April 16, 2018)

Rules and Regulations

Pages 16198-16199

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

FR Doc No: 2018-07912

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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 WICHITA (LCS 13) 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 April 16, 2018 and is applicable beginning April 3, 2018.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, JAGC, U.S. Navy, Admiralty Attorney, (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 number: 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 WICHITA(LCS 13) 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(a)(i), pertaining to the height of the forward masthead light above the hull and Annex I; and 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 light. 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.

Page 16199

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 as follows:

   Authority: 33 U.S.C. 1605.

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2. Section 706.2 is amended by:

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   1. In Table One, adding, in alpha numerical order, by vessel number, an entry for USS WICHITA (LCS 13); and

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   2. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS WICHITA (LCS 13).

      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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      Table One

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      Distance in meters of forward masthead light

      Vessel Number below minimum required height. Sec.

      2(a){time} {i{time} Annex I

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      * * * * * * *

      USS WICHITA............................. LCS 13 6.0

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      Table Five

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      After mast- head light

      Masthead lights not over Forward masthead light less than \1/2\ ship's Percentage

      Vessel Number all other lights and not in forward quarter of length aft of forward horizontal

      obstructions. annex I, ship. annex I, sec. 3(a) masthead light. annex I, separation attained

      sec. 2(f) sec. 3(a)

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      * * * * * * *

      USS WICHITA..................... LCS 13 ......................... X........................ X....................... 23

      * * * * * * *

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      Approved: April 3, 2018.

      C.J. Spain,

      Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Acting.

      Dated: April 6, 2018.

      E.K. Baldini,

      Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.

      FR Doc. 2018-07912 Filed 4-13-18; 8:45 am

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