82_FR_14660 82 FR 14606 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

82 FR 14606 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14606-14607
FR Document2017-05159

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 PORTLAND (LPD 27) 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 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14606-14607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05159]


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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.

-----------------------------------------------------------------------

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 PORTLAND (LPD 27) 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 March 22, 2017 and is applicable 
beginning March 2, 2017.

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 PORTLAND (LPD 27) 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(i)(i), 
Rule 27(a)(i) and (b)(i), pertaining to the placement of all-round task 
lights in a vertical line; Annex I, paragraph 3(a), pertaining to the 
horizontal distance between the forward and after masthead lights; and 
Annex I, paragraph 2(k) as described in Rule 30(a)(i), pertaining to 
the vertical separation between anchor 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), 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:

    Authority: 33 U.S.C. 1605.


0
2. Section 706.2 is amended by:
0
a. In Table Three, adding, in alpha numerical order, by vessel number, 
an entry for USS PORTLAND (LPD 27);
0
b. In Table Four, paragraph 20., adding, in alpha numerical order, by 
vessel number, an entry for USS PORTLAND (LPD 27); and
0
c. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS PORTLAND (LPD 27).
    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.

* * * * *

                                                                       Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Forward
                                                      Masthead                                 Side lights  Stern light,     anchor       Anchor lights
                                                     lights arc    Side lights   Stern light    distance      distance       light,      relationship of
             Vessel                      No.             of          arc of        arc of      inboard of    forward of   height above    aft light to
                                                     visibility;   visibility;   visibility;  ship's sides    stern in       hull in    forward light in
                                                     rule 21(a)    rule 21(b)    rule 21(c)     in meters   meters; rule  meters; 2(K)     meters 2(K)
                                                                                              3(b) annex 1      21(c)        annex 1         annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS PORTLAND....................  LPD 27..........  ............  ............  ............  ............  ............  ............  1.55 below.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Table Four

* * * * *
    20. * * *

[[Page 14607]]



------------------------------------------------------------------------
                                                Angle in degrees of task
                                                 lights off the vertical
            Vessel                  Number       as viewed from directly
                                                     ahead or astern
------------------------------------------------------------------------
 
                              * * * * * * *
USS PORTLAND.................  LPD 27.........                       10
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         After masthead
                                                                                      Masthead lights      Forward      light less than
                                                                                        not over all    masthead light    \1/2\ ship's      Percentage
                                                                                        other lights    not in forward   length aft of      horizontal
                               Vessel                                     Number            and           quarter of        forward         separation
                                                                                       obstructions.    ship. Annex I,  masthead light.      attained
                                                                                       Annex I, sec.      sec. 3(a)      Annex I, sec.
                                                                                            2(f)                              3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS PORTLAND.......................................................          LPD 27   ...............  ...............               X               71
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: March 2, 2017.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: March 8, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2017-05159 Filed 3-21-17; 8:45 am]
 BILLING CODE 3810-FF-P



                                                14606                Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations

                                                information applies and must be                                      DATES:  This rule is effective March 22,                                                contrary to public interest since it is
                                                submitted with the transmittal                                       2017 and is applicable beginning March                                                  based on technical findings that the
                                                accompanying the data for on-time                                    2, 2017.                                                                                placement of lights on this vessel in a
                                                performance in the form and manner set                               FOR FURTHER INFORMATION CONTACT:                                                        manner differently from that prescribed
                                                forth in accounting and reporting                                    Commander Theron R. Korsak,                                                             herein will adversely affect the vessel’s
                                                directives issued by the Director, Office                            (Admiralty and Maritime Law), Office of                                                 ability to perform its military functions.
                                                of Airline Information.                                              the Judge Advocate General, Department                                                  List of Subjects in 32 CFR Part 706
                                                [FR Doc. 2017–05113 Filed 3–21–17; 8:45 am]                          of the Navy, 1322 Patterson Ave. SE.,
                                                BILLING CODE 4910–9X–P                                               Suite 3000, Washington Navy Yard, DC                                                       Marine safety, Navigation (water),
                                                                                                                     20374–5066, telephone 202–685–5040.                                                     Vessels.
                                                                                                                     SUPPLEMENTARY INFORMATION: Pursuant                                                        For the reasons set forth in the
                                                                                                                     to the authority granted in 33 U.S.C.                                                   preamble, the DoN amends part 706 of
                                                DEPARTMENT OF DEFENSE                                                1605, the DoN amends 32 CFR part 706.                                                   title 32 of the Code of Federal
                                                                                                                        This amendment provides notice that                                                  Regulations as follows:
                                                Department of the Navy                                               the DAJAG (Admiralty and Maritime
                                                                                                                     Law), under authority delegated by the                                                  PART 706—CERTIFICATIONS AND
                                                32 CFR Part 706                                                      Secretary of the Navy, has certified that                                               EXEMPTIONS UNDER THE
                                                                                                                     USS PORTLAND (LPD 27) is a vessel of                                                    INTERNATIONAL REGULATIONS FOR
                                                Certifications and Exemptions Under                                  the Navy which, due to its special                                                      PREVENTING COLLISIONS AT SEA,
                                                the International Regulations for                                    construction and purpose, cannot fully                                                  1972
                                                Preventing Collisions at Sea, 1972                                   comply with the following specific
                                                                                                                     provisions of 72 COLREGS without                                                        ■ 1. The authority citation for part 706
                                                AGENCY:      Department of the Navy, DoD.                                                                                                                    continues to read:
                                                                                                                     interfering with its special function as a
                                                ACTION:     Final rule.                                              naval ship: Annex I paragraph 2(i)(i),                                                      Authority: 33 U.S.C. 1605.
                                                                                                                     Rule 27(a)(i) and (b)(i), pertaining to the
                                                SUMMARY:  The Department of the Navy                                 placement of all-round task lights in a                                                 ■ 2. Section 706.2 is amended by:
                                                (DoN) is amending its certifications and                             vertical line; Annex I, paragraph 3(a),                                                 ■ a. In Table Three, adding, in alpha
                                                exemptions under the International                                   pertaining to the horizontal distance                                                   numerical order, by vessel number, an
                                                Regulations for Preventing Collisions at                             between the forward and after masthead                                                  entry for USS PORTLAND (LPD 27);
                                                Sea, 1972 (72 COLREGS), to reflect that                              lights; and Annex I, paragraph 2(k) as                                                  ■ b. In Table Four, paragraph 20.,
                                                the Deputy Assistant Judge Advocate                                  described in Rule 30(a)(i), pertaining to                                               adding, in alpha numerical order, by
                                                General (DAJAG) (Admiralty and                                       the vertical separation between anchor                                                  vessel number, an entry for USS
                                                Maritime Law) has determined that USS                                lights. The DAJAG (Admiralty and                                                        PORTLAND (LPD 27); and
                                                PORTLAND (LPD 27) is a vessel of the                                 Maritime Law) has also certified that the                                               ■ c. In Table Five, by adding, in alpha
                                                Navy which, due to its special                                       lights involved are located in closest                                                  numerical order, by vessel number, an
                                                construction and purpose, cannot fully                               possible compliance with the applicable                                                 entry for USS PORTLAND (LPD 27).
                                                comply with certain provisions of the 72                             72 COLREGS requirements.                                                                  The additions read as follows:
                                                COLREGS without interfering with its                                    Moreover, it has been determined, in
                                                special function as a naval ship. The                                accordance with 32 CFR parts 296 and                                                    § 706.2 Certifications of the Secretary of
                                                intended effect of this rule is to warn                              701, that publication of this amendment                                                 the Navy under Executive Order 11964 and
                                                mariners in waters where 72 COLREGS                                  for public comment prior to adoption is                                                 33 U.S.C. 1605.
                                                apply.                                                               impracticable, unnecessary, and                                                         *           *          *           *         *
                                                                                                                                                  TABLE THREE
                                                                                                                                                                                                                                                                                 Anchor
                                                                                                                                                                                                                                                                                   lights
                                                                                                                                                                                                      Side lights              Stern light,             Forward                relationship
                                                                                                                                                                                                        distance
                                                                                                                            Masthead                Side lights              Stern light                                        distance              anchor light,                 of aft
                                                                                                                                                                                                      inboard of
                                                                                                                          lights arc of               arc of                   arc of                                            forward              height above                light to
                                                                     Vessel                               No.                                                                                        ship’s sides
                                                                                                                             visibility;             visibility;              visibility;                                        of stern                hull in                 forward
                                                                                                                                                                                                       in meters
                                                                                                                            rule 21(a)              rule 21(b)               rule 21(c)                                        in meters;             meters; 2(K)                light in
                                                                                                                                                                                                          3(b)                 rule 21(c)               annex 1                   meters
                                                                                                                                                                                                        annex 1                                                                2(K) annex
                                                                                                                                                                                                                                                                                      1


                                                               *                                *                             *                                *                                *                               *                                *
                                                USS PORTLAND ......................................   LPD 27 .....       ......................   ......................   ......................   ......................   ......................   ......................   1.55 below.

                                                                       *                         *                            *                               *                                *                               *                                *



                                                *       *        *         *      *                                  Table Four                                                                                   20. * * *
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                                                                                                                     *            *         *          *           *




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                                                                    Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Rules and Regulations                                                                                   14607

                                                                                                                                                                                                                                  Angle in
                                                                                                                                                                                                                                 degrees of
                                                                                                                                                                                                                                 task lights
                                                                                                                                                                                                                                   off the
                                                                                  Vessel                                                                               Number                                                    vertical as
                                                                                                                                                                                                                                viewed from
                                                                                                                                                                                                                               directly ahead
                                                                                                                                                                                                                                  or astern


                                                       *                        *                                 *                           *                                 *                                *                       *
                                                USS PORTLAND ................................................................     LPD 27 ...............................................................................            10

                                                            *                           *                           *                              *                              *                              *                       *



                                                *       *       *        *       *

                                                                                                                                         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 PORTLAND ..................................................................          LPD 27              ........................ ........................             X                 71

                                                            *                           *                           *                              *                              *                              *                       *



                                                  Approved: March 2, 2017.                                       This deviation is necessary to facilitate                                 navigation position from 10 p.m., March
                                                A.S. Janin,                                                      testing and replacement of the drive                                      24, 2017, to 6 a.m., March 25, 2017. The
                                                Captain, JAGC, U.S. Navy, Deputy Assistant                       motor. This deviation allows the bridge                                   drawbridge is a single span which has
                                                Judge Advocate, General (Admiralty and                           to remain in the closed-to-navigation                                     a vertical clearance in the closed-to-
                                                Maritime Law).                                                   position.                                                                 navigation position of 9 feet above mean
                                                  Dated: March 8, 2017.                                                                                                                    high water.
                                                                                                                 DATES:  This deviation is effective from
                                                A.M. Nichols,                                                    10 p.m. on March 24, 2017, through 6                                         The NJ Transit Railroad Bridge is used
                                                Lieutenant Commander, Judge Advocate                             a.m. on March 25, 2017.                                                   by recreational vessels, tug and barge
                                                General’s Corps, U.S. Navy, Federal Register                                                                                               traffic, fishing vessels, and small
                                                Liaison Officer.                                                 ADDRESSES: The docket for this
                                                                                                                                                                                           commercial vessels. The Coast Guard
                                                [FR Doc. 2017–05159 Filed 3–21–17; 8:45 am]
                                                                                                                 deviation, [USCG–2017–0137] is                                            has carefully considered the nature and
                                                                                                                 available at http://www.regulations.gov.                                  volume of vessel traffic on the waterway
                                                BILLING CODE 3810–FF–P
                                                                                                                 Type the docket number in the                                             in publishing this temporary deviation.
                                                                                                                 ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                                                                                                                                                              Vessels able to pass through the
                                                                                                                 Click on Open Docket Folder on the line
                                                DEPARTMENT OF HOMELAND                                                                                                                     bridge in the closed position may do so
                                                                                                                 associated with this deviation.
                                                SECURITY                                                                                                                                   at anytime. The bridge span will not be
                                                                                                                 FOR FURTHER INFORMATION CONTACT: If                                       able to open in case of an emergency
                                                Coast Guard                                                      you have questions on this temporary                                      and there is no immediate alternate
                                                                                                                 deviation, call or email Mr. Martin                                       route for vessels to pass. The Coast
                                                33 CFR Part 117                                                  Bridges, Bridge Administration Branch                                     Guard will also inform the users of the
                                                                                                                 Fifth District, Coast Guard, telephone                                    waterway through our Local Notice and
                                                [Docket No. USCG–2017–0137]                                      757–398–6422, email Martin.A.Bridges@                                     Broadcast Notices to Mariners of the
                                                                                                                 uscg.mil.                                                                 change in operating schedule for the
                                                Drawbridge Operation Regulation;                                                                                                           bridge so that vessel operators can
                                                                                                                 SUPPLEMENTARY INFORMATION: The New
                                                Shark River, Avon, NJ                                                                                                                      arrange their transits to minimize any
                                                                                                                 Jersey Transit, who owns and operates
                                                AGENCY: Coast Guard, DHS.                                        the NJ Transit Railroad Bridge across the                                 impact caused by the temporary
                                                ACTION:Notice of deviation from                                  Shark River, mile 0.9, at Avon, NJ, has                                   deviation.
jstallworth on DSK7TPTVN1PROD with RULES




                                                drawbridge regulation.                                           requested a temporary deviation from                                         In accordance with 33 CFR 117.35(e),
                                                                                                                 the current operating regulation set out                                  the drawbridge must return to its regular
                                                SUMMARY:  The Coast Guard has issued a                           in 33 CFR 117.751, to facilitate                                          operating schedule immediately at the
                                                temporary deviation from the operating                           replacement of the drive motor on the                                     end of the effective period of this
                                                schedule that governs the NJ Transit                             vertical span of the bridge.                                              temporary deviation. This deviation
                                                Railroad Bridge across Shark River                                  Under this temporary deviation, the                                    from the operating regulations is
                                                (South Channel), mile 0.9, at Avon, NJ.                          bridge will remain in the closed-to-                                      authorized under 33 CFR 117.35.


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Document Created: 2017-03-22 03:58:40
Document Modified: 2017-03-22 03:58:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective March 22, 2017 and is applicable beginning March 2, 2017.
ContactCommander 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 Citation82 FR 14606 
CFR AssociatedMarine Safety; Navigation (water) and Vessels

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