82 FR 30967 - 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 127 (July 5, 2017)

Page Range		30967-30968
FR Document		2017-14049

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 RALPH JOHNSON (DDG 114) 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 127 (Wednesday, July 5, 2017)

[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30967-30968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14049]


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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 RALPH JOHNSON (DDG 114) 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 5, 2017 and is applicable beginning 
June 23, 2017.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, 
(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 RALPH JOHNSON (DDG 114) 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; 
Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead 
light or lights above and clear of all other lights and obstructions; 
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), 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 Four, paragraph 15, adding, in alpha numerical order, by 
vessel number, an entry for USS RALPH JOHNSON (DDG 114); and
0
b. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS RALPH JOHNSON (DDG 114).
    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 Four

* * * * *
    15. * * *

[[Page 30968]]



----------------------------------------------------------------------------------------------------------------
                                                                              Horizontal distance from the fore
                 Vessel                                  No.                 and aft centerline of the vessel in
                                                                                  the athwartship direction
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS Ralph Johnson.......................  DDG 114                           1.90 meters.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

                                                                       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                                       No.                       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 Ralph Johnson...............................  DDG 114...........................               X                X                X             14.5
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: June 23, 2017.
A.S. Janin,
 Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).

    Dated: June 28, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2017-14049 Filed 7-3-17; 8:45 am]
 BILLING CODE 3810-FF-P

Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations 30967

(c) Absent exceptional circumstances, DEPARTMENT OF DEFENSE centerline of the ship in the athwartship
as determined by the Commission or its direction; Annex I, paragraph 2(f)(i),
designee, the Commission will not Department of the Navy pertaining to the placement of the
entertain a request either to agree to masthead light or lights above and clear
indemnify or to settle a personal damage 32 CFR Part 706 of all other lights and obstructions; and
claim before entry of an adverse verdict, Annex I, paragraph 2(f)(ii), pertaining to
judgment, or monetary award. Certifications and Exemptions Under the vertical placement of task lights. The
(d) When an employee of the Federal the International Regulations for DAJAG (Admiralty and Maritime Law)
Trade Commission becomes aware that Preventing Collisions at Sea, 1972 has also certified that the lights
an action may be or has been filed AGENCY: Department of the Navy, DoD. involved are located in closest possible
against the employee in his or her ACTION: Final rule. compliance with the applicable 72
individual capacity as a result of COLREGS requirements.
conduct taken within the scope of his or SUMMARY: The Department of the Navy Moreover, it has been determined, in
her employment, the employee shall (DoN) is amending its certifications and accordance with 32 CFR parts 296 and
immediately notify his or her supervisor exemptions under the International 701, that publication of this amendment
that such an action is pending or Regulations for Preventing Collisions at for public comment prior to adoption is
threatened. The supervisor shall Sea, 1972 (72 COLREGS), to reflect that impracticable, unnecessary, and
promptly thereafter notify the Office of the Deputy Assistant Judge Advocate contrary to public interest since it is
the General Counsel. Employees may be General (DAJAG) (Admiralty and based on technical findings that the
authorized to receive legal Maritime Law) has determined that USS placement of lights on this vessel in a
representation by the Department of RALPH JOHNSON (DDG 114) is a vessel manner differently from that prescribed
Justice in accordance with 28 CFR of the Navy which, due to its special herein will adversely affect the vessel’s
50.15. construction and purpose, cannot fully ability to perform its military functions.
(e)(1) The employee may, thereafter, comply with certain provisions of the 72
request either: COLREGS without interfering with its List of Subjects in 32 CFR Part 706
(i) Indemnification to satisfy a verdict, special function as a naval ship. The
Marine safety, Navigation (water),
judgment or award entered against the intended effect of this rule is to warn
Vessels.
employee; or mariners in waters where 72 COLREGS
(ii) Payment to satisfy the apply. For the reasons set forth in the
requirements of a settlement proposal. DATES: This rule is effective July 5, 2017 preamble, the DoN amends part 706 of
(2) The employee shall submit a and is applicable beginning June 23, title 32 of the Code of Federal
written request, with documentation 2017. Regulations as follows:
including copies of the verdict,
FOR FURTHER INFORMATION CONTACT: PART 706—CERTIFICATIONS AND
judgment, award, or settlement
Lieutenant Commander Kyle Fralick, EXEMPTIONS UNDER THE
proposal, as appropriate, to the head of
(Admiralty and Maritime Law), Office of INTERNATIONAL REGULATIONS FOR
his or her division or office, who
the Judge Advocate General, Department PREVENTING COLLISIONS AT SEA,
thereupon shall submit to the General
of the Navy, 1322 Patterson Ave. SE., 1972
Counsel, in a timely manner, a
Suite 3000, Washington Navy Yard, DC
recommended disposition of the
20374–5066, telephone 202–685–5040. ■ 1. The authority citation for part 706
request. The General Counsel may also
SUPPLEMENTARY INFORMATION: Pursuant continues to read:
seek the views of the Department of
Justice. The failure of an employee to to the authority granted in 33 U.S.C. Authority: 33 U.S.C. 1605.
provide notification under paragraph (d) 1605, the DoN amends 32 CFR part 706.
This amendment provides notice that ■ 2. Section 706.2 is amended by:
of this section or make a request under
the DAJAG (Admiralty and Maritime ■ a. In Table Four, paragraph 15,
this paragraph (e) shall not impair the
Law), under authority delegated by the adding, in alpha numerical order, by
agency’s ability to provide
Secretary of the Navy, has certified that vessel number, an entry for USS RALPH
indemnification or payment under this
USS RALPH JOHNSON (DDG 114) is a JOHNSON (DDG 114); and
section if it determines it is appropriate
vessel of the Navy which, due to its ■ b. In Table Five, by adding, in alpha
to do so.
(f) Any amount paid under this special construction and purpose, numerical order, by vessel number, an
section either to indemnify a Federal cannot fully comply with the following entry for USS RALPH JOHNSON (DDG
Trade Commission employee or to settle specific provisions of 72 COLREGS 114).
a personal damage claim shall be without interfering with its special The additions read as follows:
contingent upon the availability of function as a naval ship: Annex I,
appropriated funds of the Federal Trade paragraph 3(a), pertaining to the § 706.2 Certifications of the Secretary of
location of the forward masthead light the Navy under Executive Order 11964 and
Commission. 33 U.S.C. 1605.
in the forward quarter of the ship, and
By direction of the Commission. the horizontal distance between the * * * * *
Donald S. Clark, forward and after masthead lights;
Secretary. Table Four
Annex I, paragraph 3(c), pertaining to
[FR Doc. 2017–14008 Filed 7–3–17; 8:45 am] placement of task lights not less than * * * * *
BILLING CODE 6750–01–P two meters from the fore and aft 15. * * *
sradovich on DSK3GMQ082PROD with RULES

VerDate Sep<11>2014 16:11 Jul 03, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1

Document Created: 2017-07-04 02:00:52
Document Modified: 2017-07-04 02:00:52

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 5, 2017 and is applicable beginning June 23, 2017.
Contact		Lieutenant Commander Kyle Fralick, (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		82 FR 30967
CFR Associated		Marine Safety; Navigation (water) and Vessels

82 FR 30967 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSEDepartment of the Navy

Federal Register Volume 82, Issue 127 (July 5, 2017)

DEPARTMENT OF DEFENSE
Department of the Navy