[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Rules and Regulations]
[Pages 68118-68119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26979]


=======================================================================
-----------------------------------------------------------------------

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 (72 COLREGS), to reflect that the 
Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime 
Law) has determined that USS MILWAUKEE (LCS 5) 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 November 14, 2014, and is applicable 
beginning October 31, 2014.

FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, 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 USS MILWAUKEE (LCS 5) 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 location of the forward masthead light at a height 
not less than 12 meters above the hull; Annex I, paragraph 3(a), 
pertaining to the location of the forward masthead light in the forward 
quarter of the ship, and the horizontal distance between the forward 
and after masthead light. 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:
0
a. In Table One, by adding, in alpha numerical order, by vessel number, 
an entry for USS MILWAUKEE (LCS 5);
0
b. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS MILWAUKEE (LCS 5).


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

                                Table One
------------------------------------------------------------------------
                                                  Distance in meters of
                                                 forward masthead light
            Vessel                  Number       below minimum required
                                                 height. Sec.   2(a)(i)
                                                         Annex I
------------------------------------------------------------------------
 
                              * * * * * * *
USS MILWAUKEE ...............  LCS 5..........                     6.75
 
                              * * * * * * *
------------------------------------------------------------------------


                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                 After masthead
                                              Masthead lights      Forward      light less than
                                                not over all    masthead light    \1/2\ ship's      Percentage
                                               other  lights    not in forward   length aft of      horizontal
           Vessel                 Number            and           quarter of        forward         separation
                                               obstructions.    ship. annex I,  masthead light.      attained
                                               annex I, sec.      sec. 3(a)      annex I, sec.
                                                    2(f)                              3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS MILWAUKEE...............  LCS 5.........  ...............               X                X             22.3
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 68119]]

* * * * *

    Approved: October 31, 2014.
A. B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: November 7, 2014.
N. A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 2014-26979 Filed 11-13-14; 8:45 am]
BILLING CODE 3810-FF-P