Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea (1972)
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
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 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.
* * * * *
Page 73558
Table Two
* * * * * * *
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
* * * * * * *
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.
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
BILLING CODE 3810-FF-P
