Notice2023-15711

Certificate of Alternative Compliance for the USAV BRANDY STATION

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
July 25, 2023

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard announces that the Chief of the Prevention Division, Fifth Coast Guard District, has issued a certificate of alternative compliance from the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), for the USAV BRANDY STATION, O.N. CG1045736. We are issuing this notice because its publication is required by statute. Due to the construction and placement of the forward masthead light, USAV BRANDY STATION cannot fully comply with the light, shape, or sound signal provisions of the 72 COLREGS without interfering with the vessel's design and construction. This notification of issuance of a certificate of alternative compliance promotes the Coast Guard's marine safety mission.

Full Text

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<title>Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023)</title>
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[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47890-47891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0568]


Certificate of Alternative Compliance for the USAV BRANDY STATION

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative 
compliance.

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SUMMARY: The Coast Guard announces that the Chief of the Prevention 
Division, Fifth Coast Guard District, has issued a certificate of 
alternative compliance from the International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS), for the USAV BRANDY 
STATION, O.N. CG1045736. We are issuing this notice because its 
publication is required by statute. Due to the construction and 
placement of the forward masthead light, USAV BRANDY STATION cannot 
fully comply with the light, shape, or sound signal provisions of the 
72 COLREGS without interfering with the vessel's design and 
construction. This notification of issuance of a certificate of 
alternative compliance promotes the Coast Guard's marine safety 
mission.

DATES: The Certificate of Alternative Compliance was issued on July 10, 
2023.

FOR FURTHER INFORMATION CONTACT: For information or questions about 
this notice call or email Mr. Julio A. Martinez, Marine Safety 
Specialist, Prevention Division, Fifth Coast Guard District, U.S. Coast 
Guard; telephone (757) 398-6689, email <a href="/cdn-cgi/l/email-protection#741e01181d1b5a155a191506001d1a110e34010717135a191d18"><span class="__cf_email__" data-cfemail="315b445d585e1f501f5c504345585f544b71444252561f5c585d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: The United States is signatory to the 
International Maritime Organization's International Regulations for 
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The 
special construction or purpose of some vessels makes them unable to 
comply with the light, shape, or sound signal provisions of the 72 
COLREGS. Under statutory law, however, specified 72 COLREGS provisions 
are not applicable to a vessel of special construction or purpose if 
the Coast Guard determines that the vessel cannot comply fully with 
those requirements without interfering with the special function of the 
vessel.\1\
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    \1\ 33 U.S.C. 1605.
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    The owner, builder, operator, or agent of a special construction or 
purpose vessel may apply to the Coast Guard District Office in which 
the vessel is being built or operated for a

[[Page 47891]]

determination that compliance with alternative requirements is 
justified,\2\ and the Chief of the Prevention Division would then issue 
the applicant a certificate of alternative compliance (COAC) if he or 
she determines that the vessel cannot comply fully with 72 COLREGS 
light, shape, and sound signal provisions without interference with the 
vessel's special function.\3\ If the Coast Guard issues a COAC, it must 
publish notice of this action in the Federal Register.\4\
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    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
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    The Chief of the Prevention Division, Fifth Coast Guard District, 
certifies that the USAV BRANDY STATION, O.N. CG1045736 is a vessel of 
special construction or purpose, and that, with respect to the vertical 
height of the forward masthead light, it is not possible to comply 
fully with the requirements of the provisions enumerated in the 72 
COLREGS, without interfering with the normal operation, construction, 
or design of the vessel. The Chief of the Prevention Division, Fifth 
Coast Guard District, further finds and certifies that the forward 
masthead light's vertical height above the hull of 8.08 meters, is in 
the closest possible compliance with the applicable provisions of the 
72 COLREGS.\5\
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    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
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    This notice is issued under authority of 33 U.S.C. 1605(c) and 33 
CFR 81.18.

    Dated: July 14, 2023.
Matthew J. Meskun,
Captain, U.S. Coast Guard, Chief, Prevention Division, Fifth Coast 
Guard District.
[FR Doc. 2023-15711 Filed 7-24-23; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on July 25, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.