[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16198-16199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07912]


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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 WICHITA (LCS 13) 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 April 16, 2018 and is applicable 
beginning April 3, 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 USS WICHITA(LCS 13) 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 height of the forward masthead light above the hull 
and Annex I; and 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 light. 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.


[[Page 16199]]


    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 WICHITA (LCS 13); and
0
b. In Table Five, adding, in alpha numerical order, by vessel number, 
an entry for USS WICHITA (LCS 13).
    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
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                                                                    Distance in meters of forward masthead light
                 Vessel                            Number               below minimum required height.  Sec.
                                                                            2(a){time} {i{time}  Annex I
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                                                  * * * * * * *
USS WICHITA.............................  LCS 13                    6.0
 
                                                  * * * * * * *
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                                                                       Table Five
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                                                                                                            After mast- head light
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage
             Vessel                     Number          all other lights and    not in forward quarter of    length aft of forward        horizontal
                                                       obstructions. annex I,    ship. annex I, sec. 3(a)  masthead light. annex I,  separation attained
                                                             sec. 2(f)                                             sec. 3(a)
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                                                                      * * * * * * *
USS WICHITA.....................  LCS 13             .........................  X........................  X.......................  23
 
                                                                      * * * * * * *
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    Approved: April 3, 2018.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), 
Acting.
    Dated: April 6, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2018-07912 Filed 4-13-18; 8:45 am]
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