19132 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

Windsor Locks, CT, Bradley Intl, ILS OR 

LOC RWY 6, ILS RWY 6 (CAT II), ILS 

RWY 6 (CAT III), Amdt 36B 

Windsor Locks, CT, Bradley Intl, ILS OR 

LOC RWY 24, Amdt 10C 

Windsor Locks, CT, Bradley Intl, ILS OR 

LOC RWY 33, Amdt 9B 

Chicago, IL, Lansing Muni, Takeoff 

Minimums and Obstacle DP, Amdt 5 

Dixon, IL, Dixon Muni-Charles R 

Walgreen Field, RNAV (GPS) RWY 8, 

Orig 

Dixon, IL, Dixon Muni-Charles R 

Walgreen Field, RNAV (GPS) RWY 

26, Orig 

Dixon, IL, Dixon Muni-Charles R 

Walgreen Field, Takeoff Minimums 

and Obstacle DP, Amdt 2 

Dixon, IL, Dixon Muni-Charles R 

Walgreen Field, VOR–A, Amdt 10 

Olathe, KS, Johnson County Executive, 

RNAV (GPS) RWY 18, Amdt 1A 

Lexington, KY, Blue Grass, RNAV (GPS) 

RWY 8, Orig, CANCELLED 

Lexington, KY, Blue Grass, RNAV (GPS) 

RWY 26, Orig, CANCELLED 

Mount Holly, NJ, South Jersey Rgnl, 

Takeoff Minimums and Obstacle DP, 

Orig 

Bennettsville, SC, Marlboro County 

Jetport-H.E.Avent Field, Takeoff 

Minimums and Obstacle DP, Orig 

Pelion, SC, Lexington County At Pelion, 

Takeoff Minimums and Obstacle DP, 

Orig 

Atlanta, TX, Hall Miller Muni, NDB 

RWY 5, Amdt 4 

Emporia, VA, Emporia-Greensville Rgnl, 

Takeoff Minimums and Obstacle DP, 

Orig 

Casper, WY, Casper/Natrona County 

Intl, ILS OR LOC RWY 3, Amdt 6A 

Casper, WY, Casper/Natrona County 

Intl, ILS OR LOC RWY 8, Amdt 25A 

Casper, WY, Casper/Natrona County 

Intl, RNAV (GPS) RWY 3, Amdt 1A 

Casper, WY, Casper/Natrona County 

Intl, RNAV (GPS) RWY 8, Amdt 1A 

Effective 02 JUL 2009 

Florala, AL, Florala Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Ankeny, IA, Ankeny Rgnl, GPS RWY 36, 

Amdt 2A, CANCELLED 

Ankeny, IA, Ankeny Rgnl, ILS OR LOC 

RWY 36, Amdt 1 

Ankeny, IA, Ankeny Rgnl, RNAV (GPS) 

RWY 36, Orig 

Cherokee, IA, Cherokee County Rgnl, 

NDB OR GPS RWY 36, Amdt 4, 

CANCELLED 

Cherokee, IA, Cherokee County Rgnl, 

RNAV (GPS) Y RWY 36, Orig 

Cherokee, IA, Cherokee County Rgnl, 

RNAV (GPS) Z RWY 36, Orig 

Knoxville, IA, Knoxville Muni, NDB 

RWY 15, Amdt 7, CANCELLED 

Knoxville, IA, Knoxville Muni, NDB 

RWY 33, Amdt 6, CANCELLED 

Vinton, IA, Vinton Veterans Meml Arpk, 

NDB RWY 27, Amdt 4, CANCELLED 

Independence, KS, Independence Muni, 

VOR–A, Amdt 2 

Lawrence, KS, Lawrence Muni, RNAV 

(GPS) RWY 33, Amdt 1 

Battle Creek, MI, W K Kellogg, VOR 

RWY 23, Amdt 18 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 3R 

(Simultaneous Close Parallel), ILS 

PRM RWY 3R (CAT II), ILS PRM RWY 

3R (CAT III), Orig 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 4L 

(Simultaneous Close Parallel), Orig 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 4R 

(Simultaneous Close Parallel), ILS 

PRM RWY 4R (CAT II), ILS PRM RWY 

4R (CAT III), Orig 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 21L 

(Simultaneous Close Parallel), Orig 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 22L 

(Simultaneous Close Parallel), Orig 

Detroit, MI, Detroit Metropolitan Wayne 

County, ILS PRM RWY 22R 

(Simultaneous Close Parallel), Orig 

Holland, MI, Tulip City, ILS OR LOC/ 

DME RWY 26, Amdt 2 

Holland, MI, Tulip City, RNAV (GPS) 

RWY 26, Amdt 3 

Holland, MI, Tulip City, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Midland, MI, Jack Barstow, RNAV (GPS) 

RWY 6, Amdt 1 

Midland, MI, Jack Barstow, RNAV (GPS) 

RWY 24, Amdt 1 

Midland, MI, Jack Barstow, Takeoff 

Minimums and Obstacle DP, Orig 

Midland, MI, Jack Barstow, VOR–A, 

Amdt 7 

Pellston, MI, Pellston Rgnl Airport Of 

Emmet County, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Sparta, MI, Paul C Miller-Sparta, RNAV 

(GPS) RWY 7, Orig 

Sparta, MI, Paul C Miller-Sparta, RNAV 

(GPS) RWY 25, Orig 

Sparta, MI, Paul C Miller-Sparta, VOR– 

A, Amdt 3 

Sparta, MI, Paul C Miller-Sparta, VOR/ 

DME RNAV OR GPS RWY 25, Amdt 

2, CANCELLED 

Minneapolis, MN, Minneapolis-St Paul 

Intl/Wold-Chamberlain, LOC RWY 22, 

Orig-A 

Monett, MO, Monett Muni, RNAV (GPS) 

RWY 18, Amdt 1 

Monett, MO, Monett Muni, RNAV (GPS) 

RWY 36, Amdt 1 

Lorain/Elyria, OH, Lorain County Rgnl, 

RNAV (GPS) RWY 7, Orig 

Lorain/Elyria, OH, Lorain County Rgnl, 

VOR–A, Amdt 3 

New Lexington, OH, Perry County, 

RNAV (GPS) RWY 26, Orig 

New Lexington, OH, Perry County, 

VOR/DME RWY 26, Amdt 2 

Casper, WY, Natrona County Intl, RNAV 

(GPS) RWY 21, Amdt 2 

Casper, WY, Natrona County Intl, RNAV 

(GPS) RWY 26, Amdt 1 

[FR Doc. E9–9589 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 57 

Safety and Health Standards— 

Underground Metal and Nonmetal 

Mines 

CFR Correction 

In Title 30 of the Code of Federal 

Regulations, parts 1 to 199, revised as of 

July 1, 2008, on page 358, in § 57.5060, 

remove paragraph (c)(3)(i) and 

redesignate paragraphs (c)(3)(ii), 

(c)(3)(iii), and (c)(3)(iv) as (c)(3)(i), 

(c)(3)(ii), and (c)(3)(iii) respectively. 

[FR Doc. E9–9767 Filed 4–27–09; 8:45 am] 

BILLING CODE 1505–01–D 

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) 

has determined that USS NEW YORK 

(LPD 21) 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 April 28, 

2009 and is applicable beginning April 

15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Commander M. Robb Hyde, JAGC, U.S. 

Navy, Deputy Assistant Judge Advocate 


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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 19133 

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. 

This amendment provides notice that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS NEW YORK (LPD 21) 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: Rule 27, 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), 

pertaining to the vertical separation 

between anchor lights. The Deputy 

Assistant Judge Advocate General 

(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), and 

Vessels. 

■ 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 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Three, by adding, in 

alphanumerical order by vessel number, 

the following entry for USS NEW YORK 

(LPD 21): 

■ B. In Table Four, Paragraph 20 by 

adding, in alphanumerical order by 

vessel number, the following entry for 

USS NEW YORK (LPD 21): 

■ C. In Table Five, by adding, in 

alphanumerical order by vessel number, 

the following entry for USS NEW YORK 

(LPD 21): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE THREE

Vessel Number 

Masthead 

lights arc of 

visibility; 

rule 21(a) 

Side lights 

arc of 

visibility; 

rule 

21(b) 

Stern light 

arc of 

visibility; 

rule 

21(c) 

Side lights 

distance 

inboard of 

ship’s sides 

in meters 

3(b) Annex 

1 

Stern light, 

distance 

forward of 

stern in meters; rule 

21(c) 

Forward 

anchor light, 

height 

above hull 

in meters; 

2(k) Annex 

1 

Anchor lights 

relationship of 

aft light to forward light in 

meters 2(k) 

Annex 1 

* * * * * * * 

USS NEW YORK .......................................... LPD 21 ....... .................... .................... .................... .................... .................... .................... 1.75m below. 

* * * * * * * 

* * * * * TABLE FOUR

* * * * * * * 

20. * * * 

Vessel Number 

Angle in degrees of 

task lights off vertical 

as viewed from directly ahead or astern 

* * * * * * * 

USS NEW YORK .................................................................. LPD21 ................................................................................... 10 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead 

lights not over 

all other lights 

and obstructions. Annex 

I, sec. 2(f) 

Forward 

masthead 

light not in 

forward quarter of ship. 

Annex I, sec. 

3(a) 

After masthead light 

less than 1⁄2

ship’s length 

aft of forward 

masthead 

light. Annex I, 

sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

* * * * * * * 

USS NEW YORK ....................................................................................... LPD 21 .... .................... .................... X 71.0 

* * * * * * * 


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19134 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

* * * * * 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

Dated: April 22, 2009. 

A.M. Vallandingham, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. E9–9618 Filed 4–27–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0283] 

Drawbridge Operating Regulations; 

Gulf Intracoastal Waterway, Galveston, 

TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Galveston 

Causeway Railroad Bascule Bridge 

across the Gulf Intracoastal Waterway, 

mile 357.2 west of Harvey Locks, at 

Galveston, Galveston County, Texas. 

This deviation provides for the bridge to 

remain closed to navigation for five 

hours a day for 14 non-consecutive days 

in order to perform scheduled 

maintenance. 

DATES: This deviation is effective from 

7 a.m. on Monday, May 11, 2009 until 

noon on Wednesday, June 3, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0283 and are available online at 

www.regulations.gov, selecting the 

Advanced Docket Search Option on the 

right side of the screen, inserting USCG– 

2009–0283 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

David Frank, Bridge Administration 

Branch, telephone 504–671–2128. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Burlington Northern Railway Company 

has requested a temporary deviation in 

order to perform necessary maintenance 

on the rail joints of the Galveston 

Causeway Railroad Bascule Bridge 

across the Gulf Intracoastal Waterway, 

mile 357.2 west of Harvey Locks, at 

Galveston, Galveston County, Texas. 

The maintenance is essential for the 

continued safe operation of the railroad 

bridge. This temporary deviation will 

allow the bridge to remain in the closedto-navigation position from 7 a.m. until 

noon, Monday through Thursday from 

Monday, May 11, 2009 until 

Wednesday, June 3, 2009. The bridge 

will operate normally for the passage of 

vessels on Memorial Day, Monday, May 

27, 2009. During the closure the draw 

will be able to open for emergencies 

after securing the ties on the bridge. 

Currently, the draw opens on signal for 

the passage of vessels. 

The bridge has a vertical clearance of 

10 feet above mean high water in the 

closed-to-navigation position. 

Navigation at the site of the bridge 

consists mainly of tows with barges and 

some recreational pleasure craft. Due to 

prior experience, as well as 

coordination with waterway users, it 

has been determined that this closure 

will not have a significant effect on 

these vessels. No alternate routes are 

available. This closure is considered 

necessary for repair of the bridge. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 13, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–9635 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0235] 

Drawbridge Operation Regulation; 

Long Island, NY Inland Waterway From 

East Rockaway Inlet to Shinnecock 

Canal, Hempstead, NY, Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Wantagh State 

Parkway Bridge across Sloop Channel at 

mile 15.4, at Jones Beach, New York. 

Under this temporary deviation the 

bridge may operate on a limited 

operating schedule to facilitate the 

completion of bridge construction. 

DATES: This deviation is effective from 

April 2, 2009 through May 22, 2009. 

ADDRESSES: and are available online at 

http://www.regulations.gov, selecting 

the Advanced Docket Search Option on 

the right side of the screen, inserting 

USCG–2009–0235 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Judy Leung-Yee, Project Officer, First 

Coast Guard District, telephone 212– 

668–7165. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Wantagh State Parkway Bridge has a 

vertical clearance in the closed position 

of 16 feet at mean high water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 117.5. 

The New York State Department of 

Transportation requested a temporary 

deviation to facilitate the completion of 

bridge construction. 

The waterway has seasonal 

recreational vessels and fishing vessels 

of various sizes. We contacted the New 

York Marine Trades Association and 

Station Jones Beach. No objection to the 

proposed temporary deviation schedule 

was received. 

Under this temporary deviation, in 

effect from April 2, 2009 through May 

22, 2009, the Wantagh State Parkway 

Bridge at mile 15.4, across Sloop 

Channel, shall operate as follows: 

From Monday through Friday the 

bridge shall open on signal at 6:30 a.m. 

and 4 p.m. after least a 30-minute 

advance notice is given. From 4 p.m. to 

6:30 a.m. the bridge shall open on signal 

after at least a two-hour advance notice 

is given. 


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