Department of the Navy, DoD.
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.
This rule is effective December 3, 2008 and is applicable beginning 4 November 2008.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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.Start List of Subjects
List of Subjects in 32 CFR Part 706End List of Subjects Start Amendment Part
For the reasons set forth in the preamble, amend part 706 of title 32 of the Code of Federal Regulations as follows:End Amendment Part Start Part
PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972End Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Amendment Part
2. Section 706.2 is amended as follows:End Amendment Part Start Amendment Part
A. In Table Two by revising, in numerical order, the following entry for USS DWIGHT D. EISENHOWER (CVN 69):End Amendment Part
|Vessel||Number||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 DWIGHT D. EISENHOWER||CVN-69||31.0||0.2|
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.
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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