81 FR 47706 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
DEPARTMENT OF DEFENSE
Department of the Navy Federal Register Volume 81, Issue 141 (July 22, 2016)
Department of the Navy
Federal Register Volume 81, Issue 141 (July 22, 2016)
| Page Range | 47706-47707 | |
| FR Document | 2016-17028 |
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)] [Rules and Regulations] [Pages 47706-47707] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17028] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 RAFAEL PERALTA (DDG 115) 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 July 22, 2016 and is applicable beginning June 27, 2016. FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, (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 RAFAEL PERALTA (DDG 115) 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 location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead lights; 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; and Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task 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, 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 0 1. The authority citation for part 706 continues to read as follows: Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended by: 0 a. In Table Four, paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS RAFAEL PERALTA (DDG 115); and 0 b. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS RAFAEL PERALTA (DDG 115). Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Four * * * * * 15. * * * [[Page 47707]] ------------------------------------------------------------------------ Horizontal distance from the fore and aft centerline Vessel Number of the vessel in the athwartship direction ------------------------------------------------------------------------ * * * * * USS RAFAEL PERALTA......................... DDG 115 1.88 * * * * * ------------------------------------------------------------------------ * * * * * Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After masthead Masthead lights Forward masthead light less than not over all light not in \1/2\ ship's Percentage Vessel Number other lights and forward quarter length aft of horizontal obstructions. of ship. Annex forward masthead separation Annex I, sec. I, sec. 3(a) light. Annex I, attained 2(f) sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS RAFAEL PERALTA........................ DDG 115 X X X 14.5 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Approved: June 27, 2016. C.J. Spain, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law), Acting. Dated: July 12, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016-17028 Filed 7-21-16; 8:45 am] BILLING CODE 3810-FF-P
![47706 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations
and $4,680, respectively (60% of $3,900 and (g) Expiration date. The applicability paragraph 3(a), pertaining to the
$7,800, respectively). Therefore, the amount of this section will expire on or before location of the forward masthead light
of the unrecaptured credit as to A and B is July 19, 2019. in the forward quarter of the ship, and
$1,560 and $3,120, respectively (40% of the horizontal distance between the
$3,900 and $7,800, respectively). Under John Dalrymple,
forward and after masthead lights;
paragraph (b)(2)(ii) of this section, the Deputy Commissioner for Services and
Enforcement. Annex I, paragraph 3(c), pertaining to
amounts A and B previously included in placement of task lights not less than
gross income are $1,170 ($390 for each of Approved: June 1, 2016.
two meters from the fore and aft
2016, 2017, and 2018) and $2,340 ($780 for Mark J. Mazur,
centerline of the ship in the athwartship
each of 2016, 2017, and 2018), respectively. Assistant Secretary of the Treasury (Tax
A and B are entitled to a reduction in gross Policy).
direction; and Annex I, paragraph
income under paragraph (c)(2) of this section 2(f)(ii), pertaining to the vertical
[FR Doc. 2016–16563 Filed 7–21–16; 8:45 am]
equal to the excess of the total increases in placement of task lights. The DAJAG
BILLING CODE 4830–01–P
gross income made under paragraph (b)(2)(ii) (Admiralty and Maritime Law) has also
of this section ($1,170 and $2,340, certified that the lights involved are
respectively) over 50% of the amount of the located in closest possible compliance
DEPARTMENT OF DEFENSE
credit that is not recaptured ($780 and with the applicable 72 COLREGS
$1,560, respectively). Therefore, A and B are Department of the Navy requirements.
entitled to a reduction in gross income in the Moreover, it has been determined, in
amount of $390 and $780, respectively, in the 32 CFR Part 706 accordance with 32 CFR parts 296 and
taxable year of the lease termination (2019). 701, that publication of this amendment
Example 6. (i) The facts are the same as Certifications and Exemptions Under for public comment prior to adoption is
in Example 3 of this paragraph (e), except the International Regulations for impracticable, unnecessary, and
that on December 1, 2021, A sells its entire Preventing Collisions at Sea, 1972 contrary to public interest since it is
interest to C, and on January 1, 2022, the
lease between AB partnership and Y AGENCY: Department of the Navy, DoD. based on technical findings that the
terminates. At the time of the lease ACTION: Final rule. placement of lights on this vessel in a
termination, B is still a partner in the AB manner differently from that prescribed
SUMMARY: The Department of the Navy herein will adversely affect the vessel’s
partnership. There is no recapture event
under section 50(a) because both the lease
(DoN) is amending its certifications and ability to perform its military functions.
termination and the disposition of A’s
exemptions under the International
Regulations for Preventing Collisions at List of Subjects in 32 CFR Part 706
interest in the partnership occurred outside
of the recapture period. Sea, 1972 (72 COLREGS), to reflect that
Marine safety, Navigation (water), and
(ii) At the time that A sold its interest in the Deputy Assistant Judge Advocate
Vessels.
the AB partnership to C, A had previously General (DAJAG) (Admiralty and
included $500 ($100 for each of 2016–2020) Maritime Law) has determined that USS For the reasons set forth in the
in gross income under paragraph (b)(2) of this RAFAEL PERALTA (DDG 115) is a preamble, the DoN amends part 706 of
section. Under paragraph (b)(2) of this vessel of the Navy which, due to its title 32 of the Code of Federal
section, A must continue to include the special construction and purpose, Regulations as follows:
remaining $3,400 (including $100 in 2021) in cannot fully comply with certain
gross income ratably over the remaining provisions of the 72 COLREGS without PART 706—CERTIFICATIONS AND
portion of the applicable recovery period of interfering with its special function as a EXEMPTIONS UNDER THE
39 years. Alternatively, under paragraph naval ship. The intended effect of this INTERNATIONAL REGULATIONS FOR
(d)(1) of this section, A may irrevocably elect rule is to warn mariners in waters where PREVENTING COLLISIONS AT SEA,
to include the remaining $3,400 in gross 72 COLREGS apply. 1972
income in the taxable year that A sold its DATES: This rule is effective July 22,
entire interest in the AB partnership to C 2016 and is applicable beginning June ■ 1. The authority citation for part 706
(2021). Pursuant to paragraph (d)(2) of this 27, 2016. continues to read as follows:
section, A cannot make this election in the FOR FURTHER INFORMATION CONTACT:
taxable year of the lease termination (2022). Authority: 33 U.S.C. 1605.
Commander Theron R. Korsak,
(iii) At the time of the lease termination, (Admiralty and Maritime Law), Office of ■ 2. Section 706.2 is amended by:
B had previously included $1,200 ($200 for the Judge Advocate General, Department
each of 2016–2021) in gross income under ■ a. In Table Four, paragraph 15,
of the Navy, 1322 Patterson Ave. SE.,
paragraph (b)(2) of this section. Under adding, in alpha numerical order, by
Suite 3000, Washington Navy Yard, DC
paragraph (b)(2) of this section, B must vessel number, an entry for USS
20374–5066, telephone 202–685–5040.
continue to include the remaining $6,600 RAFAEL PERALTA (DDG 115); and
SUPPLEMENTARY INFORMATION: Pursuant
required in gross income ratably over the ■ b. In Table Five, by adding, in alpha
to the authority granted in 33 U.S.C.
remaining portion of the applicable recovery numerical order, by vessel number, an
1605, the DoN amends 32 CFR part 706.
period of 39 years. Alternatively, under entry for USS RAFAEL PERALTA (DDG
This amendment provides notice that
paragraph (d)(1) of this section, B may 115).
the DAJAG (Admiralty and Maritime
irrevocably elect to include the remaining
Law), under authority delegated by the
$6,600 in gross income in the taxable year of § 706.2 Certifications of the Secretary of
Secretary of the Navy, has certified that the Navy under Executive Order 11964 and
the lease termination (2022).
USS RAFAEL PERALTA (DDG 115) is a 33 U.S.C. 1605.
ehiers on DSK5VPTVN1PROD with RULES
(f) Applicability date. This section vessel of the Navy which, due to its
applies to property placed in service on special construction and purpose, * * * * *
or after September 19, 2016. cannot fully comply with the following Table Four
specific provisions of 72 COLREGS
without interfering with its special * * * * *
function as a naval ship: Annex I, 15. * * *
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![Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47707
Horizontal Horizontal * * * * *
distance distance
from the from the
fore and aft fore and aft
Vessel Number centerline of Vessel Number centerline of
the vessel the vessel
in the in the
athwartship athwartship
direction direction
* * * * * * * * * *
USS RAFAEL
PERALTA ...... DDG 115 1.88
TABLE FIVE
After
Masthead masthead
Forward
lights not light less
masthead
over all than 1⁄2 Percentage
light not in
other lights ship’s horizontal
Vessel Number forward
and length aft separation
quarter of
obstructions. of forward attained
ship. Annex
Annex I, masthead
I, sec. 3(a)
sec. 2(f) light. Annex
I, sec. 3(a)
* * * * * * *
USS RAFAEL PERALTA .................................. DDG 115 X X X 14.5
* * * * * * *
Approved: June 27, 2016. special function as a naval ship. The DAJAG (Admiralty and Maritime Law)
C.J. Spain, intended effect of this rule is to warn has also certified that the lights
Deputy Assistant Judge Advocate, General mariners in waters where 72 COLREGS involved are located in closest possible
(Admiralty and Maritime Law), Acting. apply. compliance with the applicable 72
Dated: July 12, 2016. DATES: This rule is effective July 22, COLREGS requirements.
N.A. Hagerty-Ford, 2016 and is applicable beginning July 6, Moreover, it has been determined, in
Commander, Judge Advocate General’s Corps, 2016. accordance with 32 CFR parts 296 and
U.S. Navy, Federal Register Liaison Officer. FOR FURTHER INFORMATION CONTACT:
701, that publication of this amendment
[FR Doc. 2016–17028 Filed 7–21–16; 8:45 am] Commander Theron R. Korsak, JAGC, for public comment prior to adoption is
BILLING CODE 3810–FF–P U.S. Navy, Admiralty Attorney, impracticable, unnecessary, and
(Admiralty and Maritime Law), Office of contrary to public interest since it is
the Judge Advocate General, Department based on technical findings that the
DEPARTMENT OF DEFENSE of the Navy, 1322 Patterson Ave. SE., placement of lights on this vessel in a
Suite 3000, Washington Navy Yard, DC manner differently from that prescribed
Department of the Navy 20374–5066, telephone number: 202– herein will adversely affect the vessel’s
685–5040. ability to perform its military functions.
32 CFR Part 706
SUPPLEMENTARY INFORMATION: Pursuant List of Subjects in 32 CFR Part 706
Certifications and Exemptions Under to the authority granted in 33 U.S.C. Marine safety, Navigation (water), and
the International Regulations for 1605, the DoN amends 32 CFR part 706. Vessels.
Preventing Collisions at Sea, 1972 This amendment provides notice that
the DAJAG (Admiralty and Maritime For the reasons set forth in the
AGENCY: Department of the Navy, DoD. Law), under authority delegated by the preamble, the DoN amends part 706 of
Secretary of the Navy, has certified that title 32 of the Code of Federal
ACTION: Final rule. Regulations as follows:
USS LITTLE ROCK (LCS 9) is a vessel
SUMMARY: The Department of the Navy of the Navy which, due to its special PART 706—CERTIFICATIONS AND
(DoN) is amending its certifications and construction and purpose, cannot fully EXEMPTIONS UNDER THE
exemptions under the International comply with the following specific INTERNATIONAL REGULATIONS FOR
Regulations for Preventing Collisions at provisions of 72 COLREGS without PREVENTING COLLISIONS AT SEA,
Sea, 1972 (72 COLREGS), to reflect that interfering with its special function as a 1972
the Deputy Assistant Judge Advocate naval ship: Annex I paragraph 2(a)(i),
General (DAJAG) (Admiralty and pertaining to the height of the forward ■ 1. The authority citation for part 706
ehiers on DSK5VPTVN1PROD with RULES
Maritime Law) has determined that USS masthead light above the hull; Annex I, continues to read as follows:
LITTLE ROCK (LCS 9) is a vessel of the paragraph 3(a), pertaining to the
Authority: 33 U.S.C. 1605.
Navy which, due to its special location of the forward masthead light
construction and purpose, cannot fully in the forward quarter of the ship, and ■ 2. Section 706.2 is amended by:
comply with certain provisions of the 72 the horizontal distance between the ■ a. In Table One, adding, in alpha
COLREGS without interfering with its forward and after masthead light. The numerical order, by vessel number, an
VerDate Sep<11>2014 16:30 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1](https://thefederalregister.org/doc/81_FR_47847/page/2.svg)
Document Created: 2016-07-22 02:38:38
Document Modified: 2016-07-22 02:38:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 22, 2016 and is applicable beginning June 27, 2016. | |
| Contact | Commander Theron R. Korsak, (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. | |
| FR Citation | 81 FR 47706 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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