[Federal Register: December 3, 2008 (Volume 73, Number 233)]
[Rules and Regulations]
[Page 73557-73558]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de08-5]
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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.
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SUMMARY: The Department of the Navy 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 (Admiralty and Maritime Law) of the
Navy has determined that USS DWIGHT D. EISENHOWER (CVN 69) is a vessel
of the Navy which, due to its special construction and purpose, cannot
comply fully 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 December 3, 2008 and is applicable
beginning 4 November 2008.
FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate General (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 Department of the Navy amends 32 CFR Part 706.
The Secretary of the Navy previously certified that USS DWIGHT D.
EISENHOWER (CVN 69) is a vessel of the Navy which, due to its special
construction and purpose, cannot fully comply with 72 COLREGS. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law) of the Navy, under authority
delegated by the Secretary of the Navy, has amended that certification
to reflect that certain anchor lights on USS DWIGHT D. EISENHOWER (CVN
69), previously certified as not in compliance with 72 COLREGS, now
comply with the applicable 72 COLREGS requirements, to wit: The two aft
anchor lights located below the flight deck were removed and replaced
by a single new aft anchor light above the hull and near ship's fore-
aft centerline, as required by Rules 21(e), 30(a)(i) and 30(a)(ii). The
side lights were also raised closer to compliance.
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.
0
For the reasons set forth in the preamble, amend 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 32 CFR Part 706 continues to read as
follows:
Authority: 33 U.S.C. 1605.
0
2. Section 706.2 is amended as follows:
0
A. In Table Two by revising, in numerical order, the following entry
for USS DWIGHT D. EISENHOWER (CVN 69):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
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[[Page 73558]]
Table Two
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Forward Side lights,
anchor AFT anchor Side lights, distance Side lights,
Masthead light, Forward light, AFT anchor distance forward of distance
lights, distance anchor distance light, below flight forward inboard of
Vessel Number distance to below flight light, below flight number of; dk in masthead ship's sides
stbd of keel dk in number of; dk in Rule meters; Sec. light in in meters;
in meters; meters; Sec. Rule meters; Rule 30(a)(ii) 2(g), meters; Sec. Sec. 3(b),
Rule 21(a) 2(K), 30(a)(i) 21(e), Rule Annex I 3(b), Annex I
Annex I 30(a)(ii) Annex I
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USS DWIGHT D. EISENHOWER....................... CVN-69......................... 31.0 ............ ............ ............ ............ 0.2 ............ ............
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Approved: November 4, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
Dated: November 25, 2008.
T.M. Cruz,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. E8-28646 Filed 12-2-08; 8:45 am]
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