83 FR 23809 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range		23809-23810
FR Document		2018-11064

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 LCAC 1 through 91 and 100 through 173 are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special functions as naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23809-23810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11064]



[[Page 23809]]

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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 LCAC 1 through 91 and 100 through 173 are 
vessels of the Navy which, due to their special construction and 
purpose, cannot fully comply with certain provisions of the 72 COLREGS 
without interfering with their special functions as naval ships. The 
intended effect of this rule is to warn mariners in waters where 72 
COLREGS apply.

DATES: This rule is effective May 23, 2018 and is applicable beginning 
April 9, 2018.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, 
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 LCAC 1 Through 91 and 100 through 173 are vessels of 
the Navy which, due to their special construction and purpose, cannot 
fully comply with the following specific provisions of 72 COLREGS 
without interfering with their special functions as naval ships: Annex 
I paragraph 2 (a)(i), pertaining to the location of the forward 
masthead light at a height not less than 12 meters above the hull; Rule 
21(a), pertaining to the location of the masthead lights over the fore 
and aft centerline of the ship; Annex I paragraph 2(f)(i) pertaining to 
placement of the masthead light above or lights above and clear of all 
other lights and obstructions; Annex I, paragraph 3(b), pertaining to 
the locations of the sidelights; Rule 27(a) and Annex I, paragraph 
2(i)(i), pertaining to the vertical placement of the not-under-command 
lights; and Annex I, paragraph 9(b)(i), pertaining to the visibility of 
the all-round 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 One by removing the two entries for LCAC (class) and adding 
three entries in their place;
0
b. In Table Two by removing the two entries for LCAC (class) and adding 
three entries in their place;
0
c. By revising paragraph 9 under the heading ``Table Four''; and
0
d. In paragraph 16 table, under the heading ``Table Four'', by adding 
an entry for LCAC 100 through 173 in alphabetical order.


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

* * * * *

                                Table One
------------------------------------------------------------------------
                                                      Distance in meters
                                                          of forward
                                                        masthead light
             Vessel                     Number           below minimum
                                                       required height.
                                                        Sec.   2(a)(i)
                                                            Annex I
------------------------------------------------------------------------
 
                              * * * * * * *
LCAC (class)....................  LCAC 1 through      6.51
                                   LCAC 91.
LCAC (class)....................  LCAC 1 through      7.84 (Temp.).
                                   LCAC 91.
LCAC (class)....................  LCAC 100 through    7.7.
                                   LCAC 173.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

[[Page 23810]]



                                                                                            Table Two
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Forward                  AFT anchor                                Side         Side
                                                                                                          anchor                    light,                     Side       lights,      lights,
                                                                                                          light,      Forward      distance    AFT anchor    lights,      distance     distance
                                                                         Masthead lights, distance to    distance      anchor       below        lights      distance    forward of   inboard of
                  Vessel                              Number             stbd of keel in meters; Rule     below        light,     flight dk    number of;     below       masthead      ship's
                                                                                     21(a)              flight dk    number of;   in meters;      Rule      flight dk     light in     sides in
                                                                                                        in meters;      Rule     Rule 21(e),   30(a)(ii)    in meters;    meters;      meters;
                                                                                                       Sec.   2(K)    30(a)(i)       Rule                  Sec.   2(g)      Sec.         Sec.
                                                                                                         Annex I                  30(a)(ii)                 , Annex I   3(b), Annex  3(b), Annex
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------I------------I-----
 
                                                                                          * * * * * * *
LCAC Class...............................  LCAC 1 through LCAC 91......  5.26 (Perm.)................          1.5  ...........  ...........  ...........  ...........  ...........          1.5
LCAC Class...............................  LCAC 1 through LCAC 91......  3.98 (Temp.)................          1.5  ...........  ...........  ...........  ...........  ...........          1.5
LCAC Class...............................  LCAC 100 through 173........  5.2.........................  ...........  ...........  ...........  ...........  ...........          1.8  ...........
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    9. On LCAC 1 through 91 amphibious vessels, full compliance with 
Rules 21(a), 21(b) and Annex I, section 2(a)(i), 72 COLREGS, cannot be 
obtained. Tables One and Two of section 706.2 provide the dimensions of 
closest possible compliance of LCAC 1 through 91 amphibious vessels 
with the aforementioned rules. The following paragraph details the 
specific dimensions of closest possible compliance and the basis for 
certification by the Secretary of the Navy that full compliance with 
the aforementioned rules is not obtainable.
    On LCAC 1 through 91 amphibious vessels, there are permanent and 
temporary masts. The permanent masthead light is located 5.26 meters 
athwartship to port of centerline 5.49 meters above the hull. The 
temporary masthead light is located 3.98 meters athwartship to 
starboard of centerline, 4.16 meters in height above the hull. The 
temporary masthead light is displayed in lieu of the permanent masthead 
light only when LCAC 1 through 91 amphibious vessels are operating with 
amphibious assault vessels. When operating in this mode, the sidelights 
are displayed at a height greater than three-quarters of the height of 
the temporary masthead light. The sidelights are located on top of the 
port and starboard deckhouses to permit the required unobstructed arcs 
of visibility and are 3.28 meters above the hull, resulting in a 
vertical separation between those lights and the temporary masthead 
light of 0.78 meters. Because of the minimal vertical separation 
between the sidelights and the temporary masthead light and the 
luminous intensity of the temporary light, the sidelights on these 
vessels may not be distinguishable by the naked eye at the 2-mil range 
required by Rule 22(b).
    The arc of visibility of the temporary masthead light required by 
rule 21(a) may be obstructed at the following angles relative to the 
LCAC(1 through 91)'s heading, from 37.00 degrees thru 90.00 degrees up 
to a distance of 112.5 meters from the craft and from 267.75 degrees 
thru 277.25 degrees.
    On LCAC 100 through 173 amphibious vessels, full compliance with 
Annex I, Paragraphs 2(i)(i) and 9(b)(i), 72 COLREGS, cannot be 
obtained. The upper and lower Not Under Command lights, located above 
the command module, are spaced 1.0 meters (3.3 feet) apart with the 
lower light at a height of 3.3 meters (10.8 feet) above the hull. The 
lower Not Under Command Light has angles of obstruction from 83.0 to 
111.0 degrees, 137.0 to 145.5 degrees, 158.7 to 177.3 degrees, 171.7 to 
184.1 degrees, 197.9 to 209.5 degrees, 230.5 to 240.5 degrees, and 
244.9 to 256.5 degrees.
* * * * *
    16. * * *

------------------------------------------------------------------------
                                                       Obstruction angle
             Vessel                     Number          relative ship's
                                                            heading
------------------------------------------------------------------------
 
                              * * * * * * *
LCAC (class)....................  LCAC 100 through    83 thru 84
                                   LCAC 173.           [degrees].
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

    Approved: April 9, 2018.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge Advocate General (Admiralty 
and Maritime Law).
    Dated: April 9, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2018-11064 Filed 5-22-18; 8:45 am]
BILLING CODE 3810-FF-P

Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23809

DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: Pursuant based on technical findings that the
to the authority granted in 33 U.S.C. placement of lights on this vessel in a
Department of the Navy 1605, the DoN amends 32 CFR part 706. manner differently from that prescribed
This amendment provides notice that herein will adversely affect the vessel’s
32 CFR Part 706 the DAJAG (Admiralty and Maritime ability to perform its military functions.
Law), under authority delegated by the
Certifications and Exemptions Under Secretary of the Navy, has certified that List of Subjects in 32 CFR Part 706
the International Regulations for LCAC 1 Through 91 and 100 through Marine safety, Navigation (water), and
Preventing Collisions at Sea, 1972 173 are vessels of the Navy which, due Vessels.
Department of the Navy, DoD. to their special construction and
AGENCY: For the reasons set forth in the
purpose, cannot fully comply with the
ACTION: Final rule. preamble, the DoN amends part 706 of
following specific provisions of 72
title 32 of the Code of Federal
SUMMARY: The Department of the Navy COLREGS without interfering with their
Regulations as follows:
(DoN) is amending its certifications and special functions as naval ships: Annex
exemptions under the International I paragraph 2 (a)(i), pertaining to the PART 706—CERTIFICATIONS AND
Regulations for Preventing Collisions at location of the forward masthead light at EXEMPTIONS UNDER THE
Sea, 1972 (72 COLREGS), to reflect that a height not less than 12 meters above INTERNATIONAL REGULATIONS FOR
the Deputy Assistant Judge Advocate the hull; Rule 21(a), pertaining to the PREVENTING COLLISIONS AT SEA,
General (DAJAG) (Admiralty and location of the masthead lights over the 1972
Maritime Law) has determined that fore and aft centerline of the ship;
Annex I paragraph 2(f)(i) pertaining to ■ 1. The authority citation for part 706
LCAC 1 through 91 and 100 through 173
placement of the masthead light above continues to read as follows:
are vessels of the Navy which, due to
or lights above and clear of all other
their special construction and purpose, Authority: 33 U.S.C. 1605.
lights and obstructions; Annex I,
cannot fully comply with certain 2. Section 706.2 is amended by:
paragraph 3(b), pertaining to the ■
provisions of the 72 COLREGS without
locations of the sidelights; Rule 27(a) ■ a. In Table One by removing the two
interfering with their special functions
and Annex I, paragraph 2(i)(i), entries for LCAC (class) and adding
as naval ships. The intended effect of
pertaining to the vertical placement of three entries in their place;
this rule is to warn mariners in waters
the not-under-command lights; and ■ b. In Table Two by removing the two
where 72 COLREGS apply.
Annex I, paragraph 9(b)(i), pertaining to entries for LCAC (class) and adding
DATES: This rule is effective May 23, the visibility of the all-round lights. The three entries in their place;
2018 and is applicable beginning April DAJAG (Admiralty and Maritime Law) ■ c. By revising paragraph 9 under the
9, 2018. has also certified that the lights heading ‘‘Table Four’’; and
FOR FURTHER INFORMATION CONTACT: involved are located in closest possible ■ d. In paragraph 16 table, under the
Lieutenant Commander Kyle Fralick, compliance with the applicable 72 heading ‘‘Table Four’’, by adding an
JAGC, U.S. Navy, Admiralty Attorney, COLREGS requirements. entry for LCAC 100 through 173 in
(Admiralty and Maritime Law), Office of Moreover, it has been determined, in alphabetical order.
the Judge Advocate General, Department accordance with 32 CFR parts 296 and
of the Navy, 1322 Patterson Ave. SE, 701, that publication of this amendment § 706.2 Certifications of the Secretary of
Suite 3000, Washington Navy Yard, DC for public comment prior to adoption is the Navy under Executive Order 11964 and
20374–5066, telephone number: 202– impracticable, unnecessary, and 33 U.S.C. 1605.
685–5040. contrary to public interest since it is * * * * *

TABLE ONE
Distance in meters of forward masthead light
Vessel Number below minimum required height. § 2(a)(i)
Annex I

* * * * * * *
LCAC (class) ..................................................... LCAC 1 through LCAC 91 ................................ 6.51
LCAC (class) ..................................................... LCAC 1 through LCAC 91 ................................ 7.84 (Temp.).
LCAC (class) ..................................................... LCAC 100 through LCAC 173 .......................... 7.7.

* * * * * * *

* * * * *
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23810 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

TABLE TWO
Forward AFT anchor Side Side Side
anchor light, lights, lights, lights,
Forward
Masthead light, distance AFT anchor distance distance distance
anchor
lights, distance below lights below forward of inboard of
light, num-
Vessel Number distance to stbd of below flight dk number of; flight masthead ship’s
ber
keel in meters; flight dk in meters; Rule dk in me- light in sides in
of; Rule
Rule 21(a) in meters; Rule 21(e), 30(a)(ii) ters; meters; meters;
30(a)(i)
§ 2(K) Rule § 2(g) § 3(b), § 3(b),
Annex I 30(a)(ii) , Annex I Annex I Annex I

* * * * * * *
LCAC Class .......... LCAC 1 through 5.26 (Perm.) ......... 1.5 .................... .................... .................... .................... .................... 1.5
LCAC 91.
LCAC Class .......... LCAC 1 through 3.98 (Temp.) ........ 1.5 .................... .................... .................... .................... .................... 1.5
LCAC 91.
LCAC Class .......... LCAC 100 through 5.2 ........................ .................... .................... .................... .................... .................... 1.8 ....................
173.

* * * * * * *

* * * * * displayed in lieu of the permanent angles relative to the LCAC(1 through
9. On LCAC 1 through 91 amphibious masthead light only when LCAC 1 91)’s heading, from 37.00 degrees thru
vessels, full compliance with Rules through 91 amphibious vessels are 90.00 degrees up to a distance of 112.5
21(a), 21(b) and Annex I, section 2(a)(i), operating with amphibious assault meters from the craft and from 267.75
72 COLREGS, cannot be obtained. vessels. When operating in this mode, degrees thru 277.25 degrees.
Tables One and Two of section 706.2 the sidelights are displayed at a height
provide the dimensions of closest On LCAC 100 through 173
greater than three-quarters of the height
possible compliance of LCAC 1 through of the temporary masthead light. The amphibious vessels, full compliance
91 amphibious vessels with the sidelights are located on top of the port with Annex I, Paragraphs 2(i)(i) and
aforementioned rules. The following and starboard deckhouses to permit the 9(b)(i), 72 COLREGS, cannot be
paragraph details the specific required unobstructed arcs of visibility obtained. The upper and lower Not
dimensions of closest possible and are 3.28 meters above the hull, Under Command lights, located above
compliance and the basis for resulting in a vertical separation the command module, are spaced 1.0
certification by the Secretary of the between those lights and the temporary meters (3.3 feet) apart with the lower
Navy that full compliance with the masthead light of 0.78 meters. Because light at a height of 3.3 meters (10.8 feet)
aforementioned rules is not obtainable. of the minimal vertical separation above the hull. The lower Not Under
On LCAC 1 through 91 amphibious between the sidelights and the Command Light has angles of
vessels, there are permanent and temporary masthead light and the obstruction from 83.0 to 111.0 degrees,
temporary masts. The permanent luminous intensity of the temporary 137.0 to 145.5 degrees, 158.7 to 177.3
masthead light is located 5.26 meters light, the sidelights on these vessels may degrees, 171.7 to 184.1 degrees, 197.9 to
athwartship to port of centerline 5.49 not be distinguishable by the naked eye 209.5 degrees, 230.5 to 240.5 degrees,
meters above the hull. The temporary at the 2-mil range required by Rule and 244.9 to 256.5 degrees.
masthead light is located 3.98 meters 22(b).
athwartship to starboard of centerline, The arc of visibility of the temporary * * * * *
4.16 meters in height above the hull. masthead light required by rule 21(a) 16. * * *
The temporary masthead light is may be obstructed at the following

Vessel Number Obstruction angle relative ship’s heading

* * * * * * *
LCAC (class) ..................................................... LCAC 100 through LCAC 173 .......................... 83 thru 84 [degrees].

* * * * * * *

* * * * * DEPARTMENT OF HOMELAND ACTION: Temporary final rule.
Approved: April 9, 2018. SECURITY
SUMMARY: The Coast Guard is
A.S. Janin, establishing a temporary safety zone for
Coast Guard
Captain, USN, JAGC, Deputy Assistant Judge certain waters of the North Atlantic
Advocate General (Admiralty and Maritime Ocean adjacent to Ocean City, MD. This
Law).
33 CFR Part 165
action is necessary to provide for the
Dated: April 9, 2018. [Docket Number USCG–2018–0270] safety of life on the navigable waters
daltland on DSKBBV9HB2PROD with RULES

E.K. Baldini, during an air show on May 23, 2018.
Lieutenant Commander, Judge Advocate RIN 1625–AA00 This action will prohibit persons and
General’s Corps, U.S. Navy, Federal Register vessels from entering the safety zone
Liaison Officer. Safety Zone; North Atlantic Ocean,
Ocean City, MD unless authorized by the Captain of the
[FR Doc. 2018–11064 Filed 5–22–18; 8:45 am] Port Maryland-National Capital Region
BILLING CODE 3810–FF–P AGENCY: Coast Guard, DHS. or a designated representative.

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1

Document Created: 2018-05-22 23:48:22
Document Modified: 2018-05-22 23:48:22

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 May 23, 2018 and is applicable beginning April 9, 2018.
Contact		Lieutenant Commander Kyle Fralick, 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.
FR Citation		83 FR 23809
CFR Associated		Marine Safety; Navigation (water) and Vessels

83 FR 23809 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSEDepartment of the Navy

Federal Register Volume 83, Issue 100 (May 23, 2018)

DEPARTMENT OF DEFENSE
Department of the Navy