Rules and Regulations. Final rule

Agency: Department of the Navy, DoD
Action: Final rule
Citation: FR Doc. 2016-13260 · 32 CFR 706

Summary

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972, as amended (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS GERALD R. FORD (CVN 78) 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.

Dates

This rule is effective June 7, 2016 and is applicable beginning May 9, 2016.

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 GERALD R. FORD (CVN 78) 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(g), pertaining to the placement of the sidelights above the hull; Annex I, paragraph 3(a), pertaining to the placement of the forward masthead light in the forward quarter of the ship; Rule 21(a), pertaining to the placement of the masthead lights over the fore and aft centerline of the ship; and, Rule 21 (b), pertaining to the placement of the side lights arc of visibility. 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), 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 1. The authority citation for part 706 continues to read as follows: Authority: 33 U.S.C. 1605. 2. Section 706.2 is amended by: a. In Table Two, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78); b. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78); and c. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78). § 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605. Table Two Vessel No. Masthead lights, distance to stbd of keel in meters; rule 21(a) Forward anchor light, distance below flight dk in meters; § 2(K), annex I Forward anchor light, number of; rule 30(a)(i) AFT anchor light, distance below flight dk in meters; rule 21(e), rule 30(a)(ii) AFT anchor light, number of; rule 30(a)(ii) Side lights, distance below flight dk in meters; § 2(g), annex I Side lights, distance forward of forward masthead light in meters; § 3(b), annex I Side lights, distance inboard of ship's sides in meters; § 3(b), annex I * * * * * * * USS GERALD R. FORD CVN 78 31.57 0.13 * * * * * * * Table Three Vessel No. Masthead lights arc of visibility; rule 21(a) Side lights arc of visibility; rule 21(b) Stern light arc of visibility; rule 21(c) Side lights distance inboard of ship's sides in meters; 3(b) annex 1 Stern light, distance forward of stern in meters; rule 21(c) Forward anchor light, height above hull in meters; 2(K) annex 1 Anchor lights relation-ship of aft light to forward light in meters; 2(K) annex 1 USS GERALD R. FORD CVN 78 115.6 * * * * * * * Table Five Vessel No. Masthead lights not over all other lights and obstructions; annex I, sec. 2(f) Forward masthead light not in forward quarter of ship; annex I, sec. 3(a) After masthead light less than 1/2 ship's length aft of forward masthead light; annex I, sec.3(a) Percentage horizontal separation attained * * * * * * * USS GERALD R. FORD CVN 78 X * * * * * * * Approved: May 9, 2016. A.B. Fischer, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: May 31, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016-13260 Filed 6-6-16; 8:45 am]