# Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.
**AGENCY:**
Department of the Navy, DoD.
**ACTION:**
Final rule.
**SUMMARY:**
The Department of the Navy (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS PORTLAND (LPD 27) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply 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 March 22, 2017 and is applicable beginning March 2, 2017.
**FOR FURTHER INFORMATION CONTACT:**
Commander Theron R. Korsak, (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 202-685-5040.
**SUPPLEMENTARY INFORMATION:**
Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR part 706.
This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS PORTLAND (LPD 27) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I paragraph 2(i)(i), Rule 27(a)(i) and (b)(i), pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k) as described in Rule 30(a)(i), pertaining to the vertical separation between anchor lights. The DAJAG (Admiralty and Maritime Law) has also certified that the lights involved are located in closest possible compliance with the applicable 72 COLREGS requirements.
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), Vessels.
For the reasons set forth in the preamble, the DoN amends 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**
**32 CFR Part 706**
1. The authority citation for part 706 continues to read:
**Authority:**
33 U.S.C. 1605.
**32 CFR Part 706**
2. Section 706.2 is amended by:
a. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS PORTLAND (LPD 27);
b. In Table Four, paragraph 20., adding, in alpha numerical order, by vessel number, an entry for USS PORTLAND (LPD 27); and
c. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS PORTLAND (LPD 27).
The additions read as follows:
§ 706.2
| Vessel | No. | Masthead | Side lights | Stern light | Side lights | Stern light, | Forward | Anchor lights |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | |
| * * * * * * * | | | | | | | | |
| USS PORTLAND | LPD 27 | | | | | | | 1.55 below. |
| | | | | | | | | |
| * * * * * * * | | | | | | | | |
**Table Four**
20. * * *
| Vessel | Number | Angle in |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS PORTLAND | LPD 27 | 10 |
| | | |
| * * * * * * * | | |
| Vessel | Number | Masthead | Forward | After | Percentage |
| --- | --- | --- | --- | --- | --- |
| | | | | | |
| * * * * * * * | | | | | |
| USS PORTLAND | LPD 27 | | | X | 71 |
| | | | | | |
| * * * * * * * | | | | | |
Approved: March 2, 2017.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).
Dated: March 8, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.