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

Federal Register, Volume 78 Issue 204 (Tuesday, October 22, 2013)

Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)

Rules and Regulations

Pages 62438-62439

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

FR Doc No: 2013-24221

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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 AMERICA (LHA 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 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 October 22, 2013 and is applicable beginning September 19, 2013.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 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 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 AMERICA (LHA 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 without interfering with its special function as a naval ship: Annex I, paragraph 3(a) pertaining to the horizontal distance between the forward and aft masthead lights; Rule 21(a) pertaining to placement of masthead lights over the fore and aft centerline of the vessel; Annex I, paragraph 2(g) pertaining to the placement of sidelights above the hull of the vessel; and Annex I paragraph 3(b) pertaining to the location of fixture of side lights. 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), and Vessels.

For the reasons set forth in the preamble, amend part 706 of title 32 of the CFR 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 as follows:

    0

    1. In Table Two by adding, in alpha numerical order, by vessel number, an entry for USS AMERICA (LHA 6); and

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    2. In Table Five by adding, in alpha numerical order, by vessel number, an entry for USS AMERICA (LHA 6).

      Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

      Page 62439

      * * * * *

      Table Two

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      Forward Side lights,

      anchor AFT anchor Side lights, distance Side lights,

      Masthead light, Forward light, AFT anchor distance forward of distance

      lights, distance anchor distance light, below flight forward inboard of

      Vessel Number distance to below flight light, below flight number of; dk in masthead ship's sides

      stbd of keel dk in number of; dk in Rule meters; Sec. light in in meters;

      in meters; meters; Sec. Rule meters; Rule 30(a)(ii) 2(g), meters; Sec. Sec. 3(b),

      Rule 21(a) 2(K), 30(a)(i) 21(e), Rule Annex I 3(b), Annex I

      Annex I 30(a)(ii) Annex I

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      * * * * * * *

      USS AMERICA................. LHA 6..... 9.00 ............ ............ ............ ............ 2.8 89.3 ............

      * * * * * * *

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      * * * * *

      Table Five

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      After

      Masthead masthead

      lights not Forward light less

      over all masthead than \1/2\ Percentage

      other lights light not in ship's horizontal

      Vessel Number and forward length aft separation

      obstructions. quarter of of forward attained

      annex I, sec. ship. annex masthead

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

      I, sec. 3(a)

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      * * * * * * *

      USS AMERICA....................... LHA 6.............. ............. X X 31.6

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      Approved: September 19, 2013.

      A.B. Fischer,

      Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).

      Dated: September 25, 2013.

      P.A. Richelmi,

      Lieutenant, Office of the Judge Advocate General, U.S. Navy, Alternate Federal Register Liaison Officer.

      FR Doc. 2013-24221 Filed 10-21-13; 8:45 am

      BILLING CODE 3810-FF-P

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