Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 24695-24696 [E9-12049]

Download as PDF 24695 Rules and Regulations Federal Register Vol. 74, No. 99 Tuesday, May 26, 2009 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. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91 and 135 [Docket No. FAA–2002–14002; Amendment Nos. 91–306 and 135–110] 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 RIN 2120–AJ46 DEPARTMENT OF DEFENSE Communication and Area Navigation Equipment (RNAV) Operations in Remote Locations and Mountainous Terrain Department of the Navy 32 CFR Part 706 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. AGENCY: Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 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., VerDate Nov<24>2008 14:39 May 22, 2009 Jkt 217001 Department of the Navy, DoD. Final rule. AGENCY: ACTION: 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. SUPPLEMENTARY INFORMATION: 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: ■ E:\FR\FM\26MYR1.SGM 26MYR1 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. * * * * * Masthead lights, distance to stbd of keel in meters; Rule 21(a) Vessel Number * * USS CARL VINSON ..................................... CVN–70 ... * * * * * * * * * 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 Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: 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. Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0332 and are available Online at https://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 ADDRESSES: VerDate Nov<24>2008 14:39 May 22, 2009 Jkt 217001 30.1 Forward anchor light, distance below flight dk in meters; § 2(K), Annex I * .................. Forward anchor light, number of; Rule 30(a)(i) 1 * AFT anchor light, distance below flight dk in meters; Rule 21(e), Rule 30(a)(ii) * .................. Frm 00002 Fmt 4700 Sfmt 4700 Side lights, distance below flight dk in meters; § 2 (g), Annex I * 1 * 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 PO 00000 AFT anchor light, number of; Rule 30(a)(ii) 0.53 * 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 * .................. .................. * 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. E:\FR\FM\26MYR1.SGM 26MYR1

Agencies

[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Rules and Regulations]
[Pages 24695-24696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12049]


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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 fore-aft 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.

0
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

0
1. The authority citation for 32 CFR part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.

0
2. Section 706.2 is amended in Table Two by revising the entry for USS 
CARL VINSON (CVN 70) to read as follows:

[[Page 24696]]

Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

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                                                                                                                                    Side
                                                                 Forward                  AFT anchor                   Side       lights,        Side
                                                    Masthead      anchor      Forward       light,                   lights,      distance     lights,
                                                    lights,       light,       anchor      distance    AFT anchor    distance    forward of    distance
                                                  distance to    distance      light,       below        light,       below       forward     inboard of
               Vessel                   Number      stbd of       below      number of;   flight dk    number of;   flight dk     masthead      ship's
                                                    keel in     flight dk       Rule      in meters;      Rule      in meters;    light in     sides in
                                                    meters;     in meters;    30(a)(i)   Rule 21(e),   30(a)(ii)     Sec.   2     meters;      meters;
                                                   Rule 21(a)      Sec.                      Rule                   (g), Annex      Sec.         Sec.
                                                               2(K), Annex                30(a)(ii)                     I       3(b), Annex  3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------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
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