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.
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.
FOR FURTHER INFORMATION CONTACT:
Commander Theron R. Korsak, (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.
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.