[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Rules and Regulations]
[Pages 73557-73558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28646]


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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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