[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5536-5537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02554]


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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 THOMAS HUDNER (DDG 116) 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 February 8, 2018 and is applicable 
beginning January 25, 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 USS THOMAS HUDNER (DDG 116) 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(f)(i), pertaining to the placement of the masthead light or 
lights above and clear of all other lights and obstructions; Annex I, 
paragraph 2(f) (ii), pertaining to the vertical placement of task 
lights; Rule 23(a), the requirement to display a forward and aft 
masthead light underway, and 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; and 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. 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.


[[Page 5537]]



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 THOMAS HUDNER (DDG 116); and
0
b . In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS THOMAS HUDNER (DDG 116).
    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.

* * * * *
    15. * * *

                               Table Four
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                                                Horizontal distance from
                                                    the fore and aft
            Vessel                  Number      centerline of the vessel
                                                   in the athwartship
                                                        direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS THOMAS HUDNER............  DDG 115........                     1.81
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       Table Five
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                                                                                                                    After mast-head
                                                                            Masthead lights    Forward masthead   light less than \1/     Percentage
                                                                          not over all other     light not in      2\ ship's length       horizontal
                 Vessel                               Number                  lights and      forward quarter of    aft of forward        separation
                                                                             obstructions.      ship. annex I,      masthead light.        attained
                                                                          annex I, sec. 2(f)       sec. 3(a)      annex I, sec. 3(a)
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                                                                      * * * * * * *
USS THOMAS HUDNER......................  DDG 116........................                  X                   X                   X                14.5
 
                                                                      * * * * * * *
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    Approved: January 25, 2018.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge Advocate, General (Admiralty 
and Maritime Law).
[FR Doc. 2018-02554 Filed 2-7-18; 8:45 am]
 BILLING CODE 3810-FF-P