[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Rules and Regulations]
[Pages 48042-48043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19026]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706


Certifications and Exemptions Under the International Regulations 
for Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DoD.

ACTION: Final rule.

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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 INDEPENDENCE (LCS 2) 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 August 7, 2013 and is applicable 
beginning July 24, 2013.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 
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), of the DoN, under authority delegated by the Secretary 
of the Navy, has certified that USS INDEPENDENCE (LCS 2) 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 (a)(i), pertaining to the location of the forward masthead 
light at a height not less than 12 meters above the hull; 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. 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.

[[Page 48043]]

    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 as follows:
0
A. In Table One by revising the entry for USS INDEPENDENCE (LCS 2);
0
B. In Table Five, by revising the entry for USS INDEPENDENCE (LCS 2).
    The revisions 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
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                                                     Distance in meters
                                                     of forward masthead
                                                     light below minimum
             Vessel                    Number       required height Sec.
                                                        2(a)(i) annex I
 
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                              * * * * * * *
USS INDEPENDENCE...............  LCS 2............                  4.14
 
                              * * * * * * *
------------------------------------------------------------------------


                                                                       Table Five
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                                                                                                                    After masthead
                                                                            Masthead lights    Forward masthead   light less than \1/
                                                                          not over all other     light not in      2\ ship's length       Percentage
                 Vessel                               Number                  lights and      forward quarter of    aft of forward        horizontal
                                                                             obstructions.      ship.  annex I,     masthead light.       separation
                                                                            annex I,  sec.         sec. 3(a)        annex I,  sec.         attained
                                                                                 2(f)                                    3(a)
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                                                                      * * * * * * *
USS INDEPENDENCE.......................  LCS 2..........................  ..................                  X                   X                15.2
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    Approved: July 24, 2013.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
    Dated: July 30, 2013.
D.G. Zimmerman,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Alternate Federal Register Liaison Officer.
[FR Doc. 2013-19026 Filed 8-6-13; 8:45 am]
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