[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23809-23810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 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.
 
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[[Page 23810]]



                                                                                            Table Two
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                                                                                                         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  ...........
 
                                                                                          * * * * * * *
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* * * * *
    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].
 
                              * * * * * * *
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* * * * *

    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]
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