# 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 certain vessels of the VIRGINIA SSN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special function as a naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
**DATES:**
This rule is effective October 20, 2017 and is applicable beginning September 30, 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 certain vessels of the SSN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with their special function as a naval ship: Rule 23(a) and Annex I, paragraph 2(a)(i), pertaining to the vertical placement of the masthead, light and Annex I, paragraph 2(f)(i), pertaining to the masthead light being above and clear of all other lights and obstructions; Rule 30 (a), Rule 21(e), and Annex I, paragraph 2(k), pertaining to the vertical separation of the anchor lights, vertical placement of the forward anchor light above the hull, and the arc of visibility of all around lights; Rule 23 (a) and Annex I, paragraph 3(b), pertaining to the location of the sidelights; and Rule 21(c), pertaining to the location and arc of visibility of the sternlight. 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 these vessels in a manner differently from that prescribed herein will adversely affect these vessels' ability to perform their 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 alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789);
b. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789); and
c. In Table Four:
i. In paragraph 25, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789); and
ii. In paragraph 26, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789).
The additions read as follows:
§ 706.2
| Vessel | Number | Distance in meters of forward masthead light below minimum |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS INDIANA | SSN 789 | 2.76 |
| | | |
| * * * * * * * | | |
| Vessel | Number | Masthead | Side lights | Stern light | Side lights, | Stern light, | Forward | Anchor lights |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| | | | | | | | | |
| * * * * * * * | | | | | | | | |
| USS INDIANA | SSN 789 | | | 206.0° | 4.37 | 11.05 | 2.8 | 0.30 |
| | | | | | | | | |
| * * * * * * * | | | | | | | | |
25. * * *
| Vessel | Number | Distance in meters of |
| --- | --- | --- |
| | | |
| * * * * * * * | | |
| USS INDIANA | SSN 789 | 0.81 |
26. * * *
| Vessel | Number | Obstruction angle relative to ship's | Forward anchor light | Aft anchor |
| --- | --- | --- | --- | --- |
| | | | | |
| * * * * * * * | | | | |
| USS INDIANA | SSN 789 | 172° to 188° | 359° to 1°. | |
Approved: September 30, 2017.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law Division).
Dated: October 10, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.