This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24695 

Vol. 74, No. 99 

Tuesday, May 26, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91 and 135 

[Docket No. FAA–2002–14002; Amendment 

Nos. 91–306 and 135–110] 

RIN 2120–AJ46 

Communication and Area Navigation 

Equipment (RNAV) Operations in 

Remote Locations and Mountainous 

Terrain 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects the 

amendment number in the final rule 

published in the Federal Register on 

Friday, May 1, 2009. That final rule 

amends the regulations to allow the use 

of the published Obstacle Departure 

Procedures (ODP) or an alternative 

procedure or route assigned by Air 

Traffic Control (ATC). Also, that final 

rule amends the requirements to 

facilitate compliance and accurately 

reflect operating conditions in areas in 

which the terrain impedes 

communications. 

DATES: This amendment becomes 

effective June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Dennis Mills, Aviation 

Safety Inspector, Air Transportation 

Division, Fight Standards Service, AFS– 

220, Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–4901 facsimile (202) 267–5229, 

e-mail dennis.mills@faa.gov. For legal 

questions concerning this final rule, 

contact Robert Hawks, General 

Attorney, Office of the Chief Counsel, 

Regulations Division, AGC–240, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7143, facsimile (202) 267–7971, 

e-mail rob.hawks@faa.gov. 

Correction: In the final rule, 

published in the Federal Register issue 

of Friday, May 1, 2009 (74 FR 20202), 

make the following correction—On page 

20202, in the second column, the fifth 

line of the heading, ‘‘Amendment Nos. 

91–306 and 135–110’’ is corrected to 

read ‘‘Amendment Nos. 91–306 and 

135–116.’’ 

Issued in Washington, DC, on May 19, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–12063 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

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) 

of the Navy has determined that USS 

Carl Vinson (CVN 70) 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 May 26, 

2009 and is applicable beginning May 

14, 2009. 

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 Carl Vinson (CVN 70) 

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 

the forward and aft anchor lights on 

USS Carl Vinson (CVN 70), previously 

certified as not in compliance with 72 

COLREGS, now comply with the 

applicable 72 COLREGS requirements, 

to wit: The two forward and the two aft 

anchor lights located below the flight 

deck were removed and replaced by one 

single forward and one single aft anchor 

light above the hull and near ship’s foreaft centerline, as required by Rules 

21(a), 21(e), 30(a)(i), 30(a)(ii) and Annex 

1, Section 2(g). 

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 32 CFR 

part 706 continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Two by revising the entry for USS CARL 

VINSON (CVN 70) to read as follows: 

24696 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below 

flight dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 

30(a)(i) 

AFT anchor light, 

distance 

below 

flight dk in 

meters; 

Rule 21(e), 

Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 

30(a)(ii) 

Side lights, 

distance 

below 

flight dk in 

meters; § 2 

(g), Annex 

I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

* * * * * * * 

USS CARL VINSON ..................................... CVN–70 ... 30.1 .................. 1 .................. 1 0.53 .................. ..................

* * * * * * * 

* * * * * 

Approved: May 14, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law) 

[FR Doc. E9–12049 Filed 5–22–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0332] 

Drawbridge Operation Regulations; 

Shrewsbury River, Highlands, NJ 

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 Route 36 Bridge, 

across the Shrewsbury River at mile 1.8, 

at Highlands, New Jersey. This 

deviation will allow the bridge to open 

on signal for all marine traffic once an 

hour on weekends and holidays from 12 

p.m. to 8 p.m. during the boating 

season. 

DATES: This deviation is effective from 

May 23, 2009, through September 7, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0332 and are available Online at 

http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0332 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 

Gary Kassof, Project Officer, First Coast 

Guard District; telephone (212) 668– 

7021. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Route 

36 Bridge has a vertical clearance in the 

closed position of 35 feet at mean high 

water and 39 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 

117.755(a). The bridge presently opens 

on the hour and half hour between 7 

a.m. and 8 p.m. from May 15 through 

October 15, and on signal from 8 p.m. 

to 11 p.m. From 11 p.m. to 7 a.m. the 

bridge opens on signal after a four-hour 

advance notice is given. 

The Shrewsbury River is navigated 

predominantly by recreational power 

boats and sail boats of various sizes. 

Currently only one lane of vehicular 

traffic is open northbound on the Route 

36 Bridge due to the Highlands Bridge 

replacement project. 

As a result of the vehicular travel lane 

closures traffic congestion has become a 

major concern to motorists and local 

officials. The nearby Gateway National 

Recreation Area, operated by the 

National Park Service, has been 

particularly impacted on weekends by 

traffic delays as a result of the bridge 

construction and drawbridge openings 

for vessel traffic. 

The National Park Service, the New 

Jersey Department of Transportation, 

and local officials have made various 

adjustments to traffic control to help 

mitigate the vehicular traffic congestion; 

however, the traffic congestion on 

weekends in the afternoon continues to 

be a major safety concern when 

motorists are exiting the Sandy Hook 

area and the Gateway National 

Recreation Park. 

As a result, the National Park Service 

and the New Jersey Department of 

Transportation requested a temporary 

deviation from the drawbridge operation 

regulations to help facilitate a balance 

between vehicular traffic and marine 

traffic during the summer boating 

season. 

Under this temporary deviation, in 

effect from May 23, 2009 through 

September 7, 2009, the Route 36 Bridge 

at mile 1.8, across the Shrewsbury 

River, shall operate as follows: 

Monday through Friday, the draw 

shall open on signal, from 7 a.m. to 8 

p.m., on the hour and half hour only. 

From 8 p.m. to 11 p.m. the draw shall 

open on signal. From 11 p.m. to 7 a.m. 

the draw shall open on signal after at 

least a four-hour notice is given by 

calling the number posted at the bridge. 

Saturday, Sunday and holidays, the 

draw shall open on signal from 7 a.m. 

through noon, on the hour and half 

hour. From noon through 8 p.m., the 

draw shall open on signal once an hour, 

on the hour only. From 8 p.m. to 11 

p.m. the draw shall open on signal. 

From 11 p.m. to 7 a.m. the draw shall 

open on signal after at least a four-hour 

advance notice is given by calling the 

number posted at the bridge. 

In accordance with 33 CFR 117.35(e), 

the bridge 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.