[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
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Distance in meters
of forward
masthead light
Vessel Number below minimum
required height.
Sec. 2(a)(i)
Annex I
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* * * * * * *
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
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* * * * * * *
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. * * *
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Obstruction angle
Vessel Number relative ship's
heading
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* * * * * * *
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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