[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62871-62872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0751]


Certificate of Alternative Compliance for the PHILLY SHIPYARD, 
INC. HULL NO. 038, O.N. 1321554

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative 
compliance.

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SUMMARY: The Coast Guard announces that the Chief of the Prevention 
Division, Fifth Coast Guard District, has issued a certificate of 
alternative compliance from the International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS), for the PHILLY 
SHIPYARD, INC. HULL NO. 038, O.N. 1321554. We are issuing this notice 
because its publication is required by statute. Due to the

[[Page 62872]]

construction and placement of the fore masthead light and aft masthead 
light arrangements, PHILLY SHIPYARD, INC. HULL NO. 038, O.N. 1321554, 
cannot fully comply with the light, shape, or sound signal provisions 
of the 72 COLREGS without interfering with the vessel's design and 
construction. This notification of issuance of a certificate of 
alternative compliance promotes the Coast Guard's marine safety 
mission.

DATES: The Certificate of Alternative Compliance was issued on October 
7, 2022.

FOR FURTHER INFORMATION CONTACT: For information or questions about 
this notice call or email Mr. Julio A. Martinez, Marine Safety 
Specialist, Inspections and Investigations Branch, Fifth Coast Guard 
District, U. S. Coast Guard; telephone (757) 398-6689, email 
[email protected].

SUPPLEMENTARY INFORMATION: The United States is signatory to the 
International Maritime Organization's International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The 
special construction or purpose of some vessels makes them unable to 
comply with the light, shape, or sound signal provisions of the 72 
COLREGS. Under statutory law, however, specified 72 COLREGS provisions 
are not applicable to a vessel of special construction or purpose if 
the Coast Guard determines that the vessel cannot comply fully with 
those requirements without interfering with the special function of the 
vessel.\1\
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    \1\ 33 U.S.C. 1605.
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    The owner, builder, operator, or agent of a special construction or 
purpose vessel may apply to the Coast Guard District Office in which 
the vessel is being built or operated for a determination that 
compliance with alternative requirements is justified,\2\ and the Chief 
of the Prevention Division would then issue the applicant a certificate 
of alternative compliance (COAC) if he or she determines that the 
vessel cannot comply fully with 72 COLREGS light, shape, and sound 
signal provisions without interference with the vessel's special 
function.\3\ If the Coast Guard issues a COAC, it must publish notice 
of this action in the Federal Register.\4\
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    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
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    The Chief of the Prevention Division, Fifth Coast Guard District, 
U.S. Coast Guard, certifies that the PHILLY SHIPYARD, INC. HULL NO. 
038, O.N. 1321554 is a vessel of special construction or purpose, and 
that, with respect to the horizontal distance between the fore masthead 
light and aft masthead light arrangements, it is not possible to comply 
fully with the requirements of the provisions enumerated in the 72 
COLREGS, without interfering with the normal operation, construction, 
or design of the vessel. The Chief of the Prevention Division, Fifth 
Coast Guard District, further finds and certifies that the horizontal 
distance of 19.68 meters between the fore masthead light and aft 
masthead light arrangements, are in the closet possible compliance with 
the applicable provisions of the 72 COLREGS.\5\
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    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
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    This notice is issued under authority of 33 U.S.C. 1605(c) and 33 
CFR 81.18.

    Dated: October 11, 2022.
Michael C. Reed,
Captain, U.S. Coast Guard, Chief, Prevention Division, Fifth Coast 
Guard District.
[FR Doc. 2022-22473 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-04-P