2020-18445. Certificate of Alternate Compliance for USS DANIEL INOUYE (DDG 118)

AGENCY:

Department of the Navy, DoD.

ACTION:

Notice of issuance of Certificate of Alternate Compliance.

SUMMARY:

The U.S. Navy hereby announces that a Certificate of Alternate Compliance has been issued for USS DANIEL INOUYYE (DDG 118). Due to the special construction and purpose of this vessel, the Deputy Assistant Judge Advocate General (DAJAG)(Admiralty and Maritime Law) has determined it is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with the navigation lights provisions of the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) without interfering with its special function as a naval ship. The intended effect of this notice is to warn mariners in waters where 72 COLREGS apply.

DATES:

This Certificate of Alternate Compliance is effective August 24, 2020 and is applicable beginning July 30, 2020.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Martin Bunt, JAGC, U.S. Navy, Admiralty Attorney, Office of the Judge Advocate General, Admiralty and Maritime Law Division (Code 11), 1322 Patterson Ave. SE, Suite 3000, Washington Navy Yard, DC 20374-5066, 202-685-5040, or [e-mail].

SUPPLEMENTARY INFORMATION:

Background and Purpose. Executive Order 11964 of January 19, 1977 and 33 U.S.C. 1605 provide that the requirements of the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), as to the number, position, range, or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signaling appliances, shall not apply to a vessel or class of vessels of the Navy where the Secretary of the Navy shall find and certify that, by reason of special construction or purpose, it is not possible for such vessel(s) to comply fully with the provisions without interfering with the special function of the vessel(s). Notice of issuance of a Certificate of Alternate Compliance must be made in the Federal Register.

In accordance with 33 U.S.C. 1605, the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, hereby finds and certifies that USS DANIEL INOUYE (DDG 118) is a vessel of special construction or purpose, and that, with respect to the position of the following navigational lights, it is not possible to comply fully with the requirements of the provisions enumerated in the 72 COLREGS without interfering with the special function of the vessel:

Rule 23(a), the requirement to display a forward and aft masthead light underway; Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and aft masthead lights; Rule 27(b)(i), requiring vessels restricted in their ability to maneuver to display three all-around lights in a vertical line where they can be seen; Annex I, paragraph 2(f)(ii), pertaining to the vertical position of the all-around lights in relation to the aft masthead light.

The DAJAG (Admiralty and Maritime Law) further finds and certifies that these navigational lights are in closest possible compliance with the applicable provision of the 72 COLREGS.

Authority: 33 U.S.C. 1605(c), E.O. 11964)

Approved: August 18, 2020.

D. J. Antenucci,

Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.