81 FR 62008 - 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 174 (September 8, 2016)

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 JOHN FINN (DDG 113) 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.

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 62008-62010]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21598]


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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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[[Page 62009]]

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 JOHN FINN (DDG 113) 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 September 8, 2016 and is applicable 
beginning August 10, 2016.

FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, 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 JOHN FINN (DDG 113) 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)(ii), pertaining to the placement of task lights; 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), 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

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 as follows:
0
a. In Table Four, Paragraph 15 by adding, in alpha numerical order, by 
vessel number, an entry for USS JOHN FINN (DDG 113);
0
b. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS JOHN FINN (DDG 113):


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

* * * * *

Table Four

* * * * *
    15. * * *

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                                                                              Horizontal distance from the  fore
                   Vessel                                Number               and aft  centerline of the vessel
                                                                                 in the athwartship direction
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                                                  * * * * * * *
USS JOHN FINN..............................  DDG 113.......................                         1.90 meters
 
                                                  * * * * * * *
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* * * * *

                                                                       Table Five
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                                                                                                                    After masthead
                                                                            Masthead lights    Forward  masthead    light less than
                                                                          not over all other     light not in        \1/2\ ship's         Percentage
                 Vessel                               Number                  lights and      forward quarter of    length  aft of        horizontal
                                                                             obstructions.      ship.  Annex I,    forward  masthead      separation
                                                                          Annex I, sec. 2(f)       sec. 3(a)       light.  Annex I,        attained
                                                                                                                       sec. 3(a)
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                                                                      * * * * * * *
USS JOHN FINN..........................  DDG 113........................  ..................                  X                   X                14.5
 
                                                                      * * * * * * *
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[[Page 62010]]

    Approved: August 10, 2016.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), 
Acting.
    Dated: August 31, 2016
C. Pan,
Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate 
Federal Register Liaison Officer.
[FR Doc. 2016-21598 Filed 9-7-16; 8:45 am]
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