# 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, as amended (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG)(Admiralty and Maritime Law) has determined that USS MICHAEL MONSOOR (DDG 1001) 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 October 18, 2017 and is applicable beginning October 3, 2017.
**FOR FURTHER INFORMATION CONTACT:**
Lieutenant Commander Kyle Fralick, (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 MICHAEL MONSOOR (DDG 1001) 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(a)(i), pertaining to the location of the forward masthead light at a height not less than 6 meters above the hull; Annex I, paragraph 2(g) pertaining to the placement of sidelights above the hull of the vessel; Rule 30(a)(i) and Annex I, paragraph 2(k) pertaining to the vertical separation between anchor lights, and the location of the forward anchor light at a height of not less than 6 meters above the hull; Annex I, paragraph 3(a), pertaining to the horizontal separation between the forward and after masthead lights; Annex I, paragraph 2(i)(iii), pertaining to the vertical spacing of task lights; and Annex I, paragraph 3(c), pertaining to the task lights placed at a horizontal distance of not less than 2 meters from the fore and aft centerline of the vessel. 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 as follows:
**Authority:**
33 U.S.C. 1605.
**32 CFR Part 706**
2. Section 706.2 is amended by:
a. In Table One, adding in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001);
b. In Table Three, adding in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001);
c. In Table Four, under paragraph 15, adding in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001);
d. In Table Four, under paragraph 19, adding in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001);
e. In Table Four, under paragraph 22 adding, in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001); and
f. In Table Five, adding, in alphanumerical order by vessel number, an entry for USS MICHAEL MONSOOR (DDG 1001).
The additions read as follows:
§ 706.2
| Vessel | Number | Distance in meters of forward |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS MICHAEL MONSOOR | DDG | 2.33 |
| | | |
| * * * * * * * | | |
| Vessel | Number | Masthead | Side lights | Stern light | Side lights | Stern light, | Forward | Anchor lights |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| USS MICHAEL MONSOOR | DDG 1001 | | | | | | 5.3 | 2.99 below. |
| | | | | | | | | |
| * * * * * * * | | | | | | | | |
15. * * *
| Vessel | Number | Horizontal distance from the fore |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS MICHAEL MONSOOR | DDG 1001 | FWD Lower:
0.33 meters. |
| | | |
| * * * * * * * | | |
19. * * *
| Vessel | Number | Distance in meters of sidelights above maximum allowed height |
| --- | --- | --- |
| USS MICHAEL MONSOOR | DDG 1001 | 2.23 PORT. |
| | | |
| * * * * * * * | | |
22. * * *
| Vessel | Number | Vertical Separation of the task light array is not equally spaced, the separation between the middle and lower task light exceed the separation between the upper and middle light by |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS MICHAEL MONSOOR | DDG 1001 | FWD: 0.01 meter. |
| | | |
| * * * * * * * | | |
| Vessel | Number | Masthead | Forward | After | Percentage |
| --- | --- | --- | --- | --- | --- |
| | | | | | |
| * * * * * * * | | | | | |
| USS MICHAEL MONSOOR | DDG 1001 | X | X | X | 77.2 |
| | | | | | |
| * * * * * * * | | | | | |
Approved: October 3, 2017.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law).
Dated: October 10, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,Federal Register Liaison Officer.