[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Page 6389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03341]


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DEPARTMENT OF DEFENSE

Department of the Navy


Certificate of Alternate Compliance for USS DELAWARE (SSN 791)

AGENCY: Department of the Navy, DoD.

ACTION: Notice of issuance of Certificate of Alternate Compliance.

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SUMMARY: The U.S. Navy hereby announces that a Certificate of Alternate 
Compliance has been issued for USS DELAWARE (SSN 791). Due to the 
special construction and purpose of this vessel, the Deputy Assistant 
Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has 
determined that it is a vessel of the Navy which, due to its special 
construction and purpose, cannot comply fully with the certain 
provisions of the International Regulations for Preventing Collisions 
at Sea, 1972 (72 COLREGS) without interfering with its special 
functions as a naval ship. The intended effect of this notice is to 
warn mariners in waters where 72 COLREGS apply.

DATES: This Certificate of Alternate Compliance is effective February 
27, 2019 and is applicable beginning February 14, 2019.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Matt Rector, 
JAGC, U.S. Navy, Admiralty Attorney, Office of the Judge Advocate 
General, Admiralty and Maritime Law Division (Code 11), 1322 Patterson 
Ave. SE, Suite 3000, Washington Navy Yard, DC 20374-5066, telephone 
number: 202-685-5040, or [email protected].

SUPPLEMENTARY INFORMATION: Background and Purpose. Executive Order 
11964 of January 19, 1977 and 33 U.S.C. 1605 provide that the 
requirements of the 72 COLREGS, as to the number, position, range, or 
arc of visibility of lights or shapes, as well as to the disposition 
and characteristics of sound-signaling appliances, shall not apply to a 
vessel or class of vessels of the Navy where the Secretary of the Navy 
shall find and certify that, by reason of special construction or 
purpose, it is not possible for such vessel(s) to comply fully with the 
provisions without interfering with the special function of the 
vessel(s). Notice of issuance of a Certificate of Alternate Compliance 
must be made in the Federal Register.
    In accordance with 33 U.S.C. 1605, the DAJAG (Admiralty and 
Maritime Law), under authority delegated by the Secretary of the Navy, 
hereby finds and certifies that USS DELAWARE (SSN 791) is a vessel of 
special construction or purpose, and that, with respect to the position 
of the following navigational lights, it is not possible to comply 
fully with the requirements of the provisions enumerated in the 72 
COLREGS without interfering with the special function of the vessel:
    Rule 23(a) and Annex I, paragraph 2(a)(i), pertaining to the 
vertical placement of the masthead light, and Annex I, paragraph 
2(f)(i), pertaining to the masthead light being above and clear of all 
other lights and obstructions;
    Rule 30(a), Rule 21(e), and Annex I, paragraph 2(k), pertaining to 
the vertical separation of the anchor lights, vertical placement of the 
forward anchor light above the hull, and the arc of visibility of all-
around lights;
    Rule 23(a) and Annex I, paragraph 3(b), pertaining to the location 
of the sidelights; and
    Rule 21(c), pertaining to the location and arc of visibility of the 
sternlight.
    The DAJAG (Admiralty and Maritime Law) further finds and certifies 
that these navigational lights are in closest possible compliance with 
the applicable provision of the 72 COLREGS.

    Authority: 33 U.S.C. 1605(c), E.O. 11964.

    Dated: February 21, 2019.
M.S. Werner,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 2019-03341 Filed 2-26-19; 8:45 am]
 BILLING CODE 3810-FF-P