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Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

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Start Preamble

AGENCY:

Department of the Navy, DoD.

ACTION:

Final rule.

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 MINNESOTA (SSN 783) 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 March 28, 2013 and is applicable beginning March 11, 2013.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Lieutenant Jocelyn Loftus-Williams, (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 202-685-5040.

End Further Info End Preamble Start Supplemental Information

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 MINNESOTA (SSN 783) 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 vertical placement of the masthead light; Annex I, Section 2(f) (i), pertaining to Virginia class submarine masthead light location below the submarine identification lights; Annex I, paragraph 2(k), pertaining to the vertical separation of the anchor lights and vertical placement of the forward anchor light above the hull; Rule 30 (a) and Rule 21 (e), pertaining to arc of visibility of the forward and after anchor lights; 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) 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 Start Printed Page 18847manner differently from that prescribed herein will adversely affect the vessel's ability to perform its military functions.

Start List of Subjects

List of Subjects in 32 CFR Part 706

  • Marine safety
  • Navigation (water), and Vessels
End List of Subjects

For the reasons set forth in the preamble, the DoN amends part 706 of title 32 of the Code of Federal Regulations as follows:

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PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

End Part Start Amendment Part

1. The authority citation for part 706 continues to read as follows:

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Authority: 33 U.S.C. 1605.

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2. Section 706.2 is amended as follows:

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A. In Table One by adding, in alpha numerical order, by vessel number, an entry for USS MINNESOTA (SSN 783);

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B. In Table Three by adding, in alpha numerical order, by vessel number, an entry for USS MINNESOTA (SSN 783); and

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C. Section 706.2 is amended by adding paragraphs 25 and 26 following Table Four to read as follows:

End Amendment Part
Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.
* * * * *

Table One

VesselNo.Distance in meters of forward masthead light below minimum required height. § 2(a)(i), Annex I
*    *    *    *    *
USS MINNESOTASSN 7832.76
*    *    *    *    *
* * * * *

Table Three

VesselNo.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 1Stern light, distance forward of stern in meters; rule 21(c)Forward anchor light, height above hull in meters; 2(K) annex 1Anchor lights relationship of aft light to forward light in meters 2(K) annex 1
*         *         *         *         *         *         *
USS MINNESOTASSN 783205.1°4.3711.052.80.30 below
*         *         *         *         *         *         *
* * * * *

25. On the following ships the masthead light is located 0.81 meters below the submarine identification lights and does not meet the requirement described by Annex I, 2(f)(i).

VesselNo.Distance in meters of masthead light below the submarine identification lights
USS VIRGINIASSN 7740.81
USS TEXASSSN 7750.81
USS HAWAIISSN 7760.81
USS NORTH CAROLINASSN 7770.81
USS NEW HAMPSHIRESSN 7780.81
USS NEW MEXICOSSN 7790.81
USS MISSOURISSN 7800.81
USS CALIFORNIASSN 7810.81
USS MISSISSIPPISSN 7820.81
Start Printed Page 18848
USS MINNESOTASSN 7830.81

26. On the following ships the arc of visibility required by Rule 30(a) and Rule 21(e), for the forward and after lights may be obstructed through the following angles relative to the ship's heading due to the ship's sail.

VesselNo.Obstruction angle relative to ship's heading
Forward anchor lightAft anchor light
USS VIRGINIASSN 774172° to 188°359° to 1°
USS TEXASSSN 775172° to 188°359° to 1°
USS HAWAIISSN 776172° to 188°359° to 1°
USS NORTH CAROLINASSN 777172° to 188°359° to 1°
USS NEW HAMPSHIRESSN 778172° to 188°359° to 1°
USS NEW MEXICOSSN 779172° to 188°359° to 1°
USS MISSOURISSN 780172° to 188°359° to 1°
USS CALIFORNIASSN 781172° to 188°359° to 1°
USS MISSISSIPPISSN 782172° to 188°359° to 1°
USS MINNESOTASSN 783172° to 188°359° to 1°
Start Signature

Approved: March 11, 2013.

A. B. Fischer,

Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).

Dated: March 21, 2013.

C. K. Chiappetta.

Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer.

End Signature End Supplemental Information

[FR Doc. 2013-07224 Filed 3-27-13; 8:45 am]

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