[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52768-52770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22730]



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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 (DoN), Department of Defense (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 BILLINGS (LCS 15) 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.



[[Page 52769]]





DATES: This rule is effective October 18, 2018 and is applicable 

beginning October 5, 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 BILLINGS (LCS 15) 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 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).



    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 BILLINGS (LCS 15); and

0

b. In Table Five, adding, in alpha numerical order, by vessel number, 

an entry for USS BILLINGS (LCS 15).

    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                        No.           below minimum

                                                         required height

                                                          Sec.   2(a)(i)

                                                             annex I

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                              * * * * * * *

USS BILLINGS......................  (LCS 15)...........             5.9

 

                              * * * * * * *

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* * * * *



                                                                       Table Five

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                                                                                                                        After mast-head

                                                                                                           Forward      light less than

                                                                                                        masthead light    \1/2\ ship's      Percentage

                                                                        Masthead lights not over all    not in forward   length aft of      horizontal

                  Vessel                               No.              other lights and obstructions  quarter of ship      forward         separation

                                                                             annex I, sec. 2(f)         annex I, sec.    masthead light      attained

                                                                                                             3(a)        annex I, sec.

                                                                                                                              3(a)

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                                                                      * * * * * * *

USS BILLINGS.............................  (LCS 15)..................  ..............................               X                X               23

 

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[[Page 52770]]



    Approved: October 15, 2018.

A.S. Janin,

Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 

(Admiralty and Maritime Law).



    Dated: October 15, 2018.

Meredith Steingold Werner,

Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 

Federal Register Liaison Officer.

[FR Doc. 2018-22730 Filed 10-17-18; 8:45 am]

 BILLING CODE 3810-FF-P