83 FR 28375 - 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 118 (June 19, 2018)
Department of the Navy
Federal Register Volume 83, Issue 118 (June 19, 2018)
| Page Range | 28375-28376 | |
| FR Document | 2018-13124 |
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)] [Rules and Regulations] [Pages 28375-28376] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13124] ======================================================================= ----------------------------------------------------------------------- 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 certain vessels of the VIRGINIA SSN Class 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 function as a naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply. DATES: This rule is effective June 19, 2018 and is applicable beginning May 29, 2018. 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 certain vessels of the Virginia SSN Class 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 function as a naval ship: Rule 23(a) and Annex I, paragraph 2(a)(i), pertaining to the vertical placement of the masthead, light and Annex I, paragraph 2(f)(i), pertaining to the masthead light being above and clear of all other lights and obstructions; Rule 30 (a), Rule 21(e), and Annex I, paragraph 2(k), pertaining to the vertical separation of the anchor lights, vertical placement of the forward anchor light above the hull, and the arc of visibility of all around lights; Rule 23 (a) and Annex I, paragraph 3(b), pertaining to the location of the sidelights; and Rule 21(c), pertaining to the location and arc of visibility of the sternlight. 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 these vessels in a manner differently from that prescribed herein will adversely affect these vessel's ability to perform their 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 as follows: Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended by: 0 a. In Table One, adding, in alpha numerical order, by vessel number, an entry for USS SOUTH DAKOTA (SSN 790); 0 b. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS SOUTH DAKOTA (SSN 790); and 0 c. In Table Four: 0 i. In paragraph 25, by adding, in alpha numerical order, by vessel number, an entry for USS SOUTH DAKOTA (SSN 790); and 0 ii. In paragraph 26, by adding, in alpha numerical order, by vessel number, an entry for USS SOUTH DAKOTA (SSN 790). 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 One ------------------------------------------------------------------------ Distance in meters of forward masthead light Vessel Number below minimum required height. Sec. 2(a)(i) Annex I ------------------------------------------------------------------------ * * * * * * * USS SOUTH DAKOTA............. SSN 790........ 2.76 * * * * * * * ------------------------------------------------------------------------ * * * * * [[Page 28376]] Table Three -------------------------------------------------------------------------------------------------------------------------------------------------------- Forward Masthead Side lights, Stern light, anchor Anchor lights lights arc Side lights Stern light distance distance light, relationship Vessel Number of arc of arc of inboard of forward of height above of aft light to visibility; visibility; visibility; ship's sides stern in hull in forward light rule 21(a) rule 21(b) rule 21(c) in meters meters; rule meters; 2(K) in meters 2(K) 3(b) annex 1 21(c) annex 1 annex 1 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS SOUTH DAKOTA................ SSN 790.......... ............ ............ 206.0[deg] 4.37 11.05 2.8 0.30 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * * * * 25. * * * Table Four ------------------------------------------------------------------------ Distance in meters of masthead light below the Vessel Number submarine identification lights ------------------------------------------------------------------------ * * * * * * * USS SOUTH DAKOTA............. SSN 790........ 0.81 ------------------------------------------------------------------------ 26. * * * ---------------------------------------------------------------------------------------------------------------- Obstruction angle relative to ship's headings Vessel Number ------------------------------------------------------ Forward anchor light Aft anchor light ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS SOUTH DAKOTA.................. SSN 790.............. 172[deg] to 188[deg]...... 359[deg] to 1[deg]. ---------------------------------------------------------------------------------------------------------------- * * * * * Approved: May 29, 2018. A.S. Janin, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law Division). Dated: June 13, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2018-13124 Filed 6-18-18; 8:45 am] BILLING CODE 3810-FF-P
![Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28375
warranted, then OFAC will inform the certain provisions of the 72 COLREGS for public comment prior to adoption is
alleged violator of its decision not to without interfering with their special impracticable, unnecessary, and
issue a final Finding of Violation. function as a naval ships. The intended contrary to public interest since it is
Note 1 to paragraph (c)(2): A effect of this rule is to warn mariners in based on technical findings that the
determination by OFAC that a final Finding waters where 72 COLREGS apply. placement of lights on these vessels in
of Violation is not warranted does not DATES: This rule is effective June 19, a manner differently from that
preclude OFAC from pursuing other 2018 and is applicable beginning May prescribed herein will adversely affect
enforcement actions consistent with the 29, 2018. these vessel’s ability to perform their
Guidelines contained in appendix A to part FOR FURTHER INFORMATION CONTACT: military functions.
501 of this chapter.
(d) Representation. A representative of the
Lieutenant Commander Kyle Fralick, List of Subjects in 32 CFR Part 706
alleged violator may act on behalf of the (Admiralty and Maritime Law), Office of
alleged violator, but any oral communication the Judge Advocate General, Department Marine safety, Navigation (water),
with OFAC prior to a written submission of the Navy, 1322 Patterson Ave. SE, Vessels.
regarding the specific alleged violations Suite 3000, Washington Navy Yard, DC For the reasons set forth in the
contained in the initial Finding of Violation 20374–5066, telephone 202–685–5040. preamble, the DoN amends part 706 of
must be preceded by a written letter of SUPPLEMENTARY INFORMATION: Pursuant title 32 of the Code of Federal
representation, unless the initial Finding of to the authority granted in 33 U.S.C. Regulations as follows:
Violation was served upon the alleged
1605, the DoN amends 32 CFR part 706.
violator in care of the representative. PART 706—CERTIFICATIONS AND
This amendment provides notice that
Dated: June 12, 2018. the DAJAG (Admiralty and Maritime EXEMPTIONS UNDER THE
Bradley T. Smith, Law), under authority delegated by the INTERNATIONAL REGULATIONS FOR
Secretary of the Navy, has certified that PREVENTING COLLISIONS AT SEA,
Acting Deputy Director, Office of Foreign
Assets Control.
certain vessels of the Virginia SSN Class 1972
are vessels of the Navy which, due to
[FR Doc. 2018–12887 Filed 6–18–18; 8:45 am]
their special construction and purpose, ■ 1. The authority citation for part 706
BILLING CODE 4810–AL continues to read as follows:
cannot fully comply with the following
specific provisions of 72 COLREGS Authority: 33 U.S.C. 1605.
without interfering with their special
DEPARTMENT OF DEFENSE function as a naval ship: Rule 23(a) and ■ 2. Section 706.2 is amended by:
Annex I, paragraph 2(a)(i), pertaining to ■ a. In Table One, adding, in alpha
Department of the Navy the vertical placement of the masthead, numerical order, by vessel number, an
light and Annex I, paragraph 2(f)(i), entry for USS SOUTH DAKOTA (SSN
32 CFR Part 706 pertaining to the masthead light being 790);
above and clear of all other lights and ■ b. In Table Three, adding, in alpha
Certifications and Exemptions Under
obstructions; Rule 30 (a), Rule 21(e), and numerical order, by vessel number, an
the International Regulations for
Annex I, paragraph 2(k), pertaining to entry for USS SOUTH DAKOTA (SSN
Preventing Collisions at Sea, 1972
the vertical separation of the anchor 790); and
AGENCY: Department of the Navy, DoD lights, vertical placement of the forward ■ c. In Table Four:
ACTION: Final rule. anchor light above the hull, and the arc ■ i. In paragraph 25, by adding, in alpha
of visibility of all around lights; Rule 23 numerical order, by vessel number, an
SUMMARY: The Department of the Navy (a) and Annex I, paragraph 3(b), entry for USS SOUTH DAKOTA (SSN
(DoN) is amending its certifications and pertaining to the location of the 790); and
exemptions under the International sidelights; and Rule 21(c), pertaining to ■ ii. In paragraph 26, by adding, in
Regulations for Preventing Collisions at the location and arc of visibility of the alpha numerical order, by vessel
Sea, 1972 (72 COLREGS), to reflect that sternlight. The DAJAG (Admiralty and number, an entry for USS SOUTH
the Deputy Assistant Judge Advocate Maritime Law) has also certified that the DAKOTA (SSN 790).
General (DAJAG) (Admiralty and lights involved are located in closest The additions read as follows:
Maritime Law) has determined that possible compliance with the applicable
certain vessels of the VIRGINIA SSN 72 COLREGS requirements. § 706.2 Certifications of the Secretary of
Class are vessels of the Navy which, due Moreover, it has been determined, in the Navy under Executive Order 11964 and
to their special construction and accordance with 32 CFR parts 296 and 33 U.S.C. 1605.
purpose, cannot fully comply with 701, that publication of this amendment * * * * *
TABLE ONE
Distance in meters
of forward masthead
Vessel Number light below minimum
required height.
§ 2(a)(i) Annex I
* * * * * * *
daltland on DSKBBV9HB2PROD with RULES
USS SOUTH DAKOTA ....................................................... SSN 790 ............................................................................. 2.76
* * * * * * *
* * * * *
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![28376 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations
TABLE THREE
Side lights, Forward Anchor lights
Stern light,
Masthead Side lights Stern light distance anchor light, relationship
distance for-
lights arc of arc of arc of inboard of height above of aft light to
Vessel Number ward of stern
visibility; rule visibility; rule visibility; rule ship’s sides hull in forward light in
in meters;
21(a) 21(b) 21(c) in meters meters; 2(K) meters 2(K)
rule 21(c)
3(b) annex 1 annex 1 annex 1
* * * * * * *
USS SOUTH SSN 790 .... ...................... ...................... 206.0° 4.37 11.05 2.8 0.30
DAKOTA.
* * * * * * *
* * * * * 25. * * *
* * * * *
TABLE FOUR
Distance in meters
of masthead light
Vessel Number below the submarine
identification lights
* * * * * * *
USS SOUTH DAKOTA ....................................................... SSN 790 ............................................................................. 0.81
26. * * *
Obstruction angle relative to ship’s
headings
Vessel Number
Forward anchor Aft anchor light
light
* * * * * * *
USS SOUTH DAKOTA .............................................. SSN 790 .................................................................... 172° to 188° ..... 359° to 1°.
* * * * * DEPARTMENT OF HOMELAND operations and installation of additional
Approved: May 29, 2018. SECURITY pipeline anchors.
A.S. Janin, Coast Guard DATES: This rule is effective without
Captain, JAGC, U.S. Navy, Deputy Assistant actual notice from June 19, 2018 until
Judge Advocate, General (Admiralty and 33 CFR Part 165 September 4, 2018. For the purposes of
Maritime Law Division). enforcement, actual notice will be used
[Docket Number USCG–2018–0546]
Dated: June 13, 2018. from June 15, 2018, until June 19, 2018.
E.K. Baldini, RIN 1625–AA00
ADDRESSES: To view documents
Lieutenant Commander, Judge Advocate Safety Zone; Enbridge Anchoring mentioned in this preamble as being
General’s Corps, U.S. Navy, Federal Register available in the docket, go to http://
Operations, Straits of Mackinac, MI
Liaison Officer. www.regulations.gov, type USCG–2018–
[FR Doc. 2018–13124 Filed 6–18–18; 8:45 am] AGENCY: Coast Guard, DHS. 0546 in the ‘‘SEARCH’’ box and click
BILLING CODE 3810–FF–P ACTION: Temporary final rule. ‘‘SEARCH.’’ Click on Open Docket
SUMMARY: The Coast Guard is Folder on the line associated with this
establishing a temporary safety zone in rule.
the Captain of the Port, Sault Sainte FOR FURTHER INFORMATION CONTACT: If
Marie zone. This safety zone is intended you have questions on this rule, call or
to restrict certain portions of the waters
daltland on DSKBBV9HB2PROD with RULES
email MSTC Steven Durden, Sector
of Lake Michigan in the Straits of Sault Sainte Marie Waterways
Mackinac in the vicinity of a Management Division, U.S. Coast
construction barge and tug. This Guard; telephone 906–635–3222, email
temporary safety zone is necessary to Steven.E.Durden@uscg.mil.
protect the public and workers from the
potential hazards associated with diving SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1](https://thefederalregister.org/doc/83_FR_28493/page/2.svg)
Document Created: 2018-07-02 11:21:56
Document Modified: 2018-07-02 11:21:56
| 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 June 19, 2018 and is applicable beginning May 29, 2018. | |
| 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 | 83 FR 28375 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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