84 FR 33273 - Certificate of Alternative Compliance for the Cable Ferry TINA FALLON

The Coast Guard announces that the Fifth District, Chief of Prevention Division has issued a certificate of alternative compliance from the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), for the cable ferry, TINA FALLON, Official Number (O.N.) 1206170, Chesapeake Shipbuilding Corporation Hull Number 89. We are issuing this notice because its publication is required by statute. Due to its construction, purpose and operation, the cable ferry, TINA FALLON cannot fully comply with the light, shape, or sound signal provisions of the 72 COLREGS without interfering with the vessel's design, operation and construction. This notification of issuance of a certificate of alternative compliance promotes the Coast Guard's marine safety mission.

[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Page 33273]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-14848]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0420]


Certificate of Alternative Compliance for the Cable Ferry TINA 
FALLON

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative 
compliance.

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SUMMARY: The Coast Guard announces that the Fifth District, Chief of 
Prevention Division has issued a certificate of alternative compliance 
from the International Regulations for Preventing Collisions at Sea, 
1972 (72 COLREGS), for the cable ferry, TINA FALLON, Official Number 
(O.N.) 1206170, Chesapeake Shipbuilding Corporation Hull Number 89. We 
are issuing this notice because its publication is required by statute. 
Due to its construction, purpose and operation, the cable ferry, TINA 
FALLON cannot fully comply with the light, shape, or sound signal 
provisions of the 72 COLREGS without interfering with the vessel's 
design, operation and construction. This notification of issuance of a 
certificate of alternative compliance promotes the Coast Guard's marine 
safety mission.

DATES: The Certificate of Alternative Compliance was issued on July 2, 
2019.

FOR FURTHER INFORMATION CONTACT: For information or questions about 
this notice call or email LCDR Ronaydee M. Marquez, District Five, 
Asst. Chief, Inspections and Investigations, U.S. Coast Guard; 
telephone: 757-398-6682, email: [email protected].

SUPPLEMENTARY INFORMATION: The United States is signatory to the 
International Maritime Organization's International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The 
special construction or purpose of some vessels makes them unable to 
comply with the light, shape, or sound signal provisions of the 72 
COLREGS. Under statutory law, however, specified 72 COLREGS provisions 
are not applicable to a vessel of special construction or purpose if 
the Coast Guard determines that the vessel cannot comply fully with 
those requirements without interfering with the special function of the 
vessel.\1\
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    \1\ 33 U.S.C. 1605.
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    The owner, builder, operator, or agent of a special construction or 
purpose vessel may apply to the Coast Guard District Office in which 
the vessel is being built or operated for a determination that 
compliance with alternative requirements is justified,\2\ and the Chief 
of the Prevention Division would then issue the applicant a certificate 
of alternative compliance (COAC) if he or she determines that the 
vessel cannot comply fully with 72 COLREGS light, shape, and sound 
signal provisions without interference with the vessel's special 
function.\3\ If the Coast Guard issues a COAC, it must publish notice 
of this action in the Federal Register.\4\ Because TINA FALLON operates 
within Coast Guard Fifth District, this office is authorized to issue 
the COAC.
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    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
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    The Fifth District, Chief of Prevention Division, U.S. Coast Guard, 
certifies that the TINA FALLON, O.N. 1206170 is a vessel of special 
construction or purpose, and that, with respect to the requirement for 
sidelights and sternlights it is not possible to comply fully with the 
requirements enumerated in the 72 COLREGS, without interfering with the 
normal operations or design of the vessel. Installing navigation or 
running lights along the centerline would interfere with the open deck 
as the vessel has a pilot house superstructure set to one side of the 
vessel for loading and parking vehicles. Additionally, the installation 
of sidelights and sternlights on this vessel will be inconsequential as 
the vessel operates on a direct cable crossing on the Nanticoke River, 
Connecting Road 577 in Delaware on an unscheduled 600-foot route. While 
the vessel is underway, the cable is raised, and yellow flashing 
warning lights on the primary slip automatically actuate whenever the 
cable is raised, thereby warning up and down river traffic when the 
vessel is crossing. Due to the design and nature of the operation, it 
is impossible for any vessel traffic to cross the route due to the 
cable, therefore, the requirement for sidelights or sternlights have 
been omitted. Installation of these lights is inconsequential and would 
not pose a safety risk as no vessel traffic can cross or overtake. 
Additionally, due to the short nature of the trip, the requirement for 
sidelights and sternlights would interfere with the vessel's 
operations, and create a burden on the operator to continuously switch 
the navigation lights on and off after each 5 minute transit.
    The vessel will install the mast lights and restricted in ability 
to maneuver lights (RAM) on the superstructure mast at proper height. 
The Fifth District, Chief of Prevention Division further finds and 
certifies that the mast light and RAM lights are in the closes possible 
compliance with the applicable provisions of the 72 COLREGS.\5\
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    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
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    This notice is issued under authority of 33 U.S.C. 1605(c) and 33 
CFR 81.18.

    Dated: July 9, 2019.
J.A. Stockwell,
Acting Chief, CDR, U.S. Coast Guard, Prevention Division, Fifth Coast 
Guard District.
[FR Doc. 2019-14848 Filed 7-11-19; 8:45 am]
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