Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Rules and Regulations 64175 

rulemaking under the CEA. CEA section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. The 

Commission considers the costs and 

benefits resulting from its discretionary 

determinations with respect to the 

section 15(a) factors. 

As is explained above, the 

amendment to Regulation 23.22(a) 

makes a clarifying change to the text of 

one of the Commission’s regulations 

adopted to reflect changes made to the 

CEA by the Dodd-Frank Act, by 

specifying that the prohibition against 

an SD or MSP permitting a statutorily 

disqualified person to associate with it 

does not include a person employed in 

a clerical or ministerial capacity. 

Costs. With respect to costs, the 

Commission believes that adoption of 

the amendment to Regulation 23.22(a) 

will not impose any costs. This is 

because the amendment clarifies that an 

SD or MSP need not consider whether 

CEA section 4s(b)(6) applies to 

employees performing clerical or 

ministerial duties. Thus the 

Commission does not believe that any 

new costs will be imposed. 

Benefits. With respect to benefits, as 

discussed in the Proposal, the 

Commission believes that the 

amendment to Regulation 23.22(a) will 

benefit SDs and MSPs by reducing the 

search costs associated with 

determining whether a clerical or 

ministerial employee is statutorily 

disqualified. This, in turn, mitigates the 

existing cost of compliance with CEA 

section 4s(b)(6). As such, it is an ‘‘other 

public interest consideration’’ under 

CEA section 15(a), referred to above. 

Public Comment. The Commission 

invited public comment on its costbenefit considerations, but no such 

comments were received. 

List of Subjects in 17 CFR Part 23 

Associated persons, Commodity 

futures, Major swap participants, 

Ministerial or clerical employees, 

Registration, Statutory disqualification, 

Swap dealers, Swaps. 

For the reasons presented above, the 

Commodity Futures Trading 

Commission hereby amends 17 CFR part 

23 as follows: 

PART 23—SWAP DEALERS AND 

MAJOR SWAP PARTICIPANTS 

■ 1. The authority citation for part 23 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b–1, 

6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a, 

18, 19, and 21. 

■ 2. Amend § 23.22 by revising the 

section heading and paragraph (a) to 

read as follows: 

§ 23.22 Prohibition against statutory 

disqualification in the case of an associated 

person of a swap dealer or major swap 

participant. 

(a) Definition. For purposes of this 

section, the term ‘‘person’’ means an 

‘‘associated person of a swap dealer or 

major swap participant’’ as defined in 

section 1a(4) of the Act and § 1.3(aa)(6) 

of this chapter, but does not include an 

individual employed in a clerical or 

ministerial capacity. 

* * * * * 

Issued in Washington, DC, on October 22, 

2013, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

Appendix to Swap Dealers and Major 

Swap Participants; Clerical or 

Ministerial Employees—Commission 

Voting Summary 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Commission Voting Summary 

On this matter, Chairman Gensler and 

Commissioners Chilton, O’Malia, and Wetjen 

voted in the affirmative; no Commissioner 

voted in the negative. 

[FR Doc. 2013–25279 Filed 10–25–13; 8:45 am] 

BILLING CODE 6351–01–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 233 

Hashemite Kingdom of Jordan Loan 

Guarantees Issued Under the Further 

Continuing Appropriations Act, 2013— 

Standard Terms and Conditions 

AGENCY: Agency for International 

Development (USAID). 

ACTION: Final rule. 

SUMMARY: This regulation prescribes the 

procedures and standard terms and 

conditions applicable to loan guarantees 

to be issued for the benefit of the 

Hashemite Kingdom of Jordan pursuant 

to the State, Foreign Operations, and 

Related Programs Appropriations Act of 

2012 as applied to fiscal year 2013 

funding by the Further Continuing 

Appropriations Act, 2013. 

DATES: Effective October 25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

James P. Kelleher, Office of General 

Counsel, U.S. Agency for International 

Development, Washington, DC 20523– 

6601; tel. 202–712–1594, fax 202–216– 

3055. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the State, Foreign Operations, and 

Related Programs Appropriations Act of 

2012 (Pub. L. 112–74) as applied to 

fiscal year 2013 funding by the Further 

Continuing Appropriations Act, 2013 

(Pub. L. 113–6), the United States of 

America, acting through the U.S. 

Agency for International Development, 

may issue certain loan guarantees 

applicable to sums borrowed by the 

Hashemite Kingdom of Jordan (the 

‘‘Borrower’’), not exceeding an aggregate 

total of U.S. $1.25 billion in principal 

amount. Upon issuance, the loan 

guarantees shall insure the Borrower’s 

repayment of 100% of principal and 

interest due under such loans and the 

full faith and credit of the United States 

of America shall be pledged for the full 

payment and performance of such 

guarantee obligations. 

This rulemaking document is not 

subject to rulemaking under 5 U.S.C. 

553 or to regulatory review under 

Executive Order 12866 because it 

involves a foreign affairs function of the 

United States. The provisions of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) do not apply. 

List of Subjects in 22 CFR Part 233 

Foreign aid, Foreign relations, 

Guaranteed loans, Loan programsforeign relations. 

Authority and Issuance 

Accordingly, a new Part 233 is added 

to Title 22, Chapter II, of the Code of 

Federal Regulations, as follows: 

PART 233—HASHEMITE KINGDOM OF 

JORDAN LOAN GUARANTEES ISSUED 

UNDER THE FURTHER CONTINUING 

APPROPRIATIONS ACT, 2013, DIV. F, 

PUB. L. 113–6—STANDARD TERMS 

AND CONDITIONS 

Sec. 

233.01 Purpose. 

233.02 Definitions. 

233.03 The Guarantee. 

233.04 Guarantee eligibility. 

233.05 Non-impairment of the Guarantee. 

233.06 Transferability of Guarantee; Note 

Register. 

233.07 Fiscal Agent obligations. 

233.08 Event of Default; Application for 

Compensation; payment. 

233.09 No acceleration of Eligible Notes. 


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64176 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Rules and Regulations 

233.10 Payment to USAID of excess 

amounts received by a Noteholder. 

233.11 Subrogation of USAID. 

233.12 Prosecution of claims. 

233.13 Change in agreements. 

233.14 Arbitration. 

233.15 Notice. 

233.16 Governing Law. 

Appendix A to Part 233—Application for 

Compensation 

Authority: Title III of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2012, Division 

I, Pub. L. 112–74, as applied to fiscal year 

2013 funding by section 1706(j) of the 

Further Continuing Appropriations Act, 

2013, Division F, Pub. L. 113–6. 

§ 233.01 Purpose. 

The purpose of the regulations in this 

part is to prescribe the procedures and 

standard terms and conditions 

applicable to loan guarantees issued for 

the benefit of the Borrower, pursuant to 

Title III of the Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act, 2012, 

(Div. I, Pub. L. 112–74) as applied to 

fiscal year 2013 funding by section 

1706(j) of the Further Continuing 

Appropriations Act, 2013, (Div. F, Pub. 

L. 113–6). The loan guarantees will be 

issued as provided herein pursuant to 

the Loan Guarantee Agreement, dated 

August 14, 2013, between the United 

States of America and the Hashemite 

Kingdom of Jordan (the ‘‘Loan 

Guarantee Agreement’’). The loan 

guarantee will apply to sums borrowed 

during a period beginning on the date 

that the Loan Guarantee Agreement 

enters into force and ending thirty days 

after such date, not exceeding an 

aggregate total of one billion, two 

hundred and fifty million United States 

Dollars ($1,250,000,000) in principal 

amount. The loan guarantees shall 

insure the Borrower’s repayment of 

100% of principal and interest due 

under such loans. The full faith and 

credit of the United States of America is 

pledged for the full payment and 

performance of such guarantee 

obligations. 

§ 233.02 Definitions. 

Wherever used in the standard terms 

and conditions set out in this part: 

Applicant means a Noteholder who 

files an Application for Compensation 

with USAID, either directly or through 

the Fiscal Agent acting on behalf of a 

Noteholder. 

Application for Compensation means 

an executed application in the form of 

Appendix A to this part which a 

Noteholder, or the Fiscal Agent on 

behalf of a Noteholder, files with USAID 

pursuant to § 233.08. 

Borrower means the Hashemite 

Kingdom of Jordan. 

Business Day means any day other 

than a day on which banks in New 

York, NY are closed or authorized to be 

closed or a day which is observed as a 

federal holiday in Washington, DC, by 

the United States Government. 

Date of Application means the date on 

which an Application for Compensation 

is actually received by USAID pursuant 

to § 233.15. 

Defaulted Payment means, as of any 

date and in respect of any Eligible Note, 

any Interest Amount and/or Principal 

Amount not paid when due. 

Eligible Note(s) means [a] Note[s] 

meeting the eligibility criteria set out in 

§ 233.04. 

Fiscal Agency Agreement means the 

agreement among USAID, the Borrower 

and the Fiscal Agent pursuant to which 

the Fiscal Agent agrees to provide fiscal 

agency services in respect of the Note[s], 

a copy of which Fiscal Agency 

Agreement shall be made available to 

Noteholders upon request to the Fiscal 

Agent. 

Fiscal Agent means the bank or trust 

company or its duly appointed 

successor under the Fiscal Agency 

Agreement which has been appointed 

by the Borrower with the consent of 

USAID to perform certain fiscal agency 

services for specified Eligible Note[s] 

pursuant to the terms of the Fiscal 

Agency Agreement. 

Further Guaranteed Payments means 

the amount of any loss suffered by a 

Noteholder by reason of the Borrower’s 

failure to comply on a timely basis with 

any obligation it may have under an 

Eligible Note to indemnify and hold 

harmless a Noteholder from taxes or 

governmental charges or any expense 

arising out of taxes or any other 

governmental charges relating to the 

Eligible Note in the country of the 

Borrower. 

Guarantee means the guarantee of 

USAID pursuant to this part 233 and the 

State, Foreign Operations, and Related 

Programs Appropriations Act of 2012 

(Pub. L. 112–74) as applied to fiscal year 

2013 funding by the Further Continuing 

Appropriations Act, 2013 (Pub. L. 113– 

6). 

Guarantee Payment Date means a 

Business Day not more than three (3) 

Business Days after the related Date of 

Application. 

Interest Amount means for any 

Eligible Note the amount of interest 

accrued on the Principal Amount of 

such Eligible Note at the applicable 

Interest Rate. 

Interest Rate means the interest rate 

borne by an Eligible Note. 

Loss of Investment means, in respect 

of any Eligible Note, an amount in 

Dollars equal to the total of the: 

(1) Defaulted Payment unpaid as of 

the Date of Application, 

(2) Further Guaranteed Payments 

unpaid as of the Date of Application, 

and 

(3) Interest accrued and unpaid at the 

Interest Rate(s) specified in the Eligible 

Note(s) on the Defaulted Payment and 

Further Guaranteed Payments, in each 

case from the date of default with 

respect to such payment to and 

including the date on which full 

payment thereof is made to the 

Noteholder. 

Note[s] means any debt securities 

issued by the Borrower. 

Noteholder means the owner of an 

Eligible Note who is registered as such 

on the Note Register of Eligible Notes 

required to be maintained by the Fiscal 

Agent. 

Person means any legal person, 

including any individual, corporation, 

partnership, joint venture, association, 

joint stock company, trust, 

unincorporated organization, or 

government or any agency or political 

subdivision thereof. 

Principal Amount means the 

principal amount of any Eligible Notes 

issued by the Borrower. For purposes of 

determining the principal amount of 

any Eligible Notes issued by the 

Borrower, the principal amount of each 

Eligible Note shall be the stated 

principal amount thereof. 

USAID means the United States 

Agency for International Development 

or its successor. 

§ 233.03 The Guarantee. 

Subject to the terms and conditions 

set out in this part, the United States of 

America, acting through USAID, 

guarantees to Noteholders the 

Borrower’s repayment of 100 percent of 

principal and interest due on Eligible 

Notes. Under this Guarantee, USAID 

agrees to pay to any Noteholder 

compensation in Dollars equal to such 

Noteholder’s Loss of Investment under 

its Eligible Note; provided, however, 

that no such payment shall be made to 

any Noteholder for any such loss arising 

out of fraud or misrepresentation for 

which such Noteholder is responsible or 

of which it had knowledge at the time 

it became such Noteholder. This 

Guarantee shall apply to each Eligible 

Note registered on the Note Register 

required to be maintained by the Fiscal 

Agent. 

§ 233.04 Guarantee eligibility. 

(a) Eligible Notes only are guaranteed 

hereunder. Notes in order to achieve 

Eligible Note status: 

(1) Must be signed on behalf of the 

Borrower, manually or in facsimile, by 


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a duly authorized representative of the 

Borrower; 

(2) Must contain a certificate of 

authentication manually executed by a 

Fiscal Agent whose appointment by the 

Borrower is consented to by USAID in 

the Fiscal Agency Agreement; and 

(3) Shall be approved and 

authenticated by USAID by either: 

(i) The affixing by USAID on the 

Notes of a guarantee legend 

incorporating these Standard Terms and 

Conditions signed on behalf of USAID 

by either a manual signature or a 

facsimile signature of an authorized 

representative of USAID or 

(ii) The delivery by USAID to the 

Fiscal Agent of a guarantee certificate 

incorporating these Standard Terms and 

Conditions signed on behalf of USAID 

by either a manual signature or a 

facsimile signature of an authorized 

representative of USAID. 

(b) The authorized USAID 

representatives for purposes of the 

regulations in this part whose 

signature(s) shall be binding on USAID 

shall include the USAID Chief and 

Deputy Chief Financial Officer, 

Assistant Administrator and Deputy, 

Bureau for Economic Growth, 

Education, and Environment, Director 

and Deputy Director, Office of 

Development Credit, and such other 

individual(s) designated in a certificate 

executed by an authorized USAID 

Representative and delivered to the 

Fiscal Agent. The certificate of 

authentication of the Fiscal Agent 

issued pursuant to the Fiscal Agency 

Agreement shall, when manually 

executed by the Fiscal Agent, be 

conclusive evidence binding on USAID 

that an Eligible Note has been duly 

executed on behalf of the Borrower and 

delivered. 

§ 233.05 Non-impairment of the Guarantee. 

The full faith and credit of the United 

States of America is pledged to the 

performance of this Guarantee. The 

Guarantee shall be unconditional, and 

shall not be affected or impaired by: 

(a) Any defect in the authorization, 

execution, delivery or enforceability of 

any agreement or other document 

executed by a Noteholder, USAID, the 

Fiscal Agent or the Borrower in 

connection with the transactions 

contemplated by this Guarantee or 

(b) The suspension or termination of 

the program pursuant to which USAID 

is authorized to guarantee the Eligible 

Notes. This non-impairment of the 

guarantee provision shall not, however, 

be operative with respect to any loss 

arising out of fraud or misrepresentation 

for which the claiming Noteholder is 

responsible or of which it had 

knowledge at the time it became a 

Noteholder. 

§ 233.06 Transferability of Guarantee; Note 

Register. 

A Noteholder may assign, transfer or 

pledge an Eligible Note to any Person. 

Any such assignment, transfer or pledge 

shall be effective on the date that the 

name of the new Noteholder is entered 

on the Note Register required to be 

maintained by the Fiscal Agent 

pursuant to the Fiscal Agency 

Agreement. USAID shall be entitled to 

treat the Persons in whose names the 

Eligible Notes are registered as the 

owners thereof for all purposes of this 

Guarantee and USAID shall not be 

affected by notice to the contrary. 

§ 233.07 Fiscal Agent obligations. 

Failure of the Fiscal Agent to perform 

any of its obligations pursuant to the 

Fiscal Agency Agreement shall not 

impair any Noteholder’s rights under 

this Guarantee, but may be the subject 

of action for damages against the Fiscal 

Agent by USAID as a result of such 

failure or neglect. A Noteholder may 

appoint the Fiscal Agent to make 

demand for payment on its behalf under 

this Guarantee. 

§ 233.08 Event of Default; Application for 

Compensation; payment. 

At any time after an Event of Default, 

as this term is defined in an Eligible 

Note, any Noteholder hereunder, or the 

Fiscal Agent on behalf of a Noteholder 

hereunder, may file with USAID an 

Application for Compensation in the 

form provided in Appendix A to this 

part. USAID shall pay or cause to be 

paid to any such Applicant any 

compensation specified in such 

Application for Compensation that is 

due to the Applicant pursuant to the 

Guarantee as a Loss of Investment not 

later than the Guarantee Payment Date. 

In the event that USAID receives any 

other notice of an Event of Default, 

USAID may pay any compensation that 

is due to any Noteholder pursuant to a 

Guarantee, whether or not such 

Noteholder has filed with USAID an 

Application for Compensation in 

respect of such amount. 

§ 233.09 No acceleration of Eligible Notes. 

Eligible Notes shall not be subject to 

acceleration, in whole or in part, by 

USAID, the Noteholder or any other 

party. USAID shall not have the right to 

pay any amounts in respect of the 

Eligible Notes other than in accordance 

with the original payment terms of such 

Eligible Notes. 

§ 233.10 Payment to USAID of excess 

amounts received by a Noteholder. 

If a Noteholder shall, as a result of 

USAID paying compensation under this 

Guarantee, receive an excess payment, it 

shall refund the excess to USAID. 

§ 233.11 Subrogation of USAID. 

In the event of payment by USAID to 

a Noteholder under this Guarantee, 

USAID shall be subrogated to the extent 

of such payment to all of the rights of 

such Noteholder against the Borrower 

under the related Note. 

§ 233.12 Prosecution of claims. 

After payment by USAID to an 

Applicant hereunder, USAID shall have 

exclusive power to prosecute all claims 

related to rights to receive payments 

under the Eligible Notes to which it is 

thereby subrogated. If a Noteholder 

continues to have an interest in the 

outstanding Eligible Notes, such a 

Noteholder and USAID shall consult 

with each other with respect to their 

respective interests in such Eligible 

Notes and the manner of and 

responsibility for prosecuting claims. 

§ 233.13 Change in agreements. 

No Noteholder will consent to any 

change or waiver of any provision of 

any document contemplated by this 

Guarantee without the prior written 

consent of USAID. 

§ 233.14 Arbitration. 

Any controversy or claim between 

USAID and any Noteholder arising out 

of this Guarantee shall be settled by 

arbitration to be held in Washington, DC 

in accordance with the then prevailing 

rules of the American Arbitration 

Association, and judgment on the award 

rendered by the arbitrators may be 

entered in any court of competent 

jurisdiction. 

§ 233.15 Notice. 

Any communication to USAID 

pursuant to this Guarantee shall be in 

writing in the English language, shall 

refer to the Hashemite Kingdom of 

Jordan Loan Guarantee Number 

inscribed on the Eligible Note and shall 

be complete on the day it shall be 

actually received by USAID at the Office 

of Development Credit, Bureau for 

Economic Growth, Agriculture and 

Trade, United States Agency for 

International Development, Washington, 

DC 20523–0030. Other addresses may be 

substituted for the above upon the 

giving of notice of such substitution to 

each Noteholder by first class mail at 

the address set forth in the Note 

Register. 


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64178 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Rules and Regulations 

1 In the event the Application for Compensation 

relates to Further Guaranteed Payments, such 

Application must also contain a statement of the 

nature and circumstances of the related loss. 

§ 233.16 Governing Law. 

This Guarantee shall be governed by 

and construed in accordance with the 

laws of the United States of America 

governing contracts and commercial 

transactions of the United States 

Government. 

Appendix A to Part 233—Application 

for Compensation United States Agency 

for International Development 

Washington, DC 20523 

Ref: Guarantee dated as of lll, 20ll: 

Gentlemen: You are hereby advised that 

payment of $lll (consisting of $lll of 

principal, $lllof interest and $lllin 

Further Guaranteed Payments, as defined in 

§ 233.02 of the Standard Terms and 

Conditions of the above-mentioned 

Guarantee) was due on llllll, 20ll, 

on $lllPrincipal Amount of Notes issued 

by Hashemite Kingdom of Jordan (the 

‘‘Borrower’’) held by the undersigned. Of 

such amount $lll was not received on 

such date and has not been received by the 

undersigned at the date hereof. In accordance 

with the terms and provisions of the abovementioned Guarantee, the undersigned 

hereby applies, under § 233.08 of said 

Guarantee, for payment of $lll, 

representing $lll, the Principal Amount 

of the presently outstanding Note(s) of the 

Borrower held by the undersigned that was 

due and payable onlll and that remains 

unpaid, and $lll, the Interest Amount on 

such Note(s) that was due and payable by the 

Borrower on lll and that remains unpaid, 

and $lll in Further Guaranteed 

Payments,1 plus accrued and unpaid interest 

thereon from the date of default with respect 

to such payments to and including the date 

payment in full is made by you pursuant to 

said Guarantee, at the rate of ll% per 

annum, being the rate for such interest 

accrual specified in such Note. Such 

payment is to be made at [state payment 

instructions of Noteholder]. 

All capitalized terms herein that are not 

otherwise defined shall have the meanings 

assigned to such terms in the Standard Terms 

and Conditions of the above-mentioned 

Guarantee. 

[Name of Applicant] 

By: 

Name: 

Title: 

Dated: 

Dated: October 23, 2013. 

James P. Kelleher 

Attorney Advisor, Office of the General 

Counsel, U.S. Agency for International 

Development. 

[FR Doc. 2013–25314 Filed 10–25–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0852] 

Drawbridge Operation Regulation; 

Back Bay of Biloxi, Between Biloxi and 

D’Iberville, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the I–110 Bridge 

across the Back Bay of Biloxi, mile 3.0, 

between Biloxi and D’Iberville, Harrison 

County, Mississippi. The deviation is 

necessary to continue the rehabilitation 

and maintenance of the bascule span of 

the bridge. This deviation allows the 

bridge to remain closed to vessel traffic 

unless 24 hours notice is given. 

DATES: This deviation is effective from 

November 1, 2013 through April 29, 

2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2013–0852] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 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 temporary 

deviation, call or email Mr. Jim 

Wetherington, Coast Guard; telephone 

504–671–2128, email 

james.r.wetherington@uscg.mil. If you 

have questions on viewing the docket, 

call Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Mississippi Department of 

Transportation (MDOT), the bridge 

owner, requested a 24 hour notice be 

given to open the I–110 Bridge over the 

Back Bay of Biloxi, Mile 3.0, between 

Biloxi and D’Iberville, Harrison County, 

MS. The bridge has a horizontal 

clearance of 132 feet and a vertical 

clearance of 60 feet, above Mean Sea 

Level, in the closed-to-navigation 

position and an unlimited vertical 

clearance in the open-to-navigation 

position. 

The bridge opens per 33 CFR 

117.675(a). This regulation states that 

the I–110 Bridge opens on signal if at 

least 6-hours notice is given. The 

deviation will require a 24 hour notice 

to operate the bridge from November 1, 

2013 through April 29, 2014. This 

schedule will allow the safe and 

continued rehabilitation and 

maintenance of the bridge. 

This waterway is used by both 

commercial and recreational vessel 

traffic. No previous coordination was 

made with the waterway users though 

the closure dates were chosen to 

minimize the impact to these users. 

Vessels able to pass through the 

bridge in the closed positions may do so 

at anytime. The bridge will not be able 

to open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 30, 2013. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2013–25289 Filed 10–25–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0857] 

Drawbridge Operation Regulation; 

Albemarle Sound to Sunset Beach, 

Atlantic Intracoastal Waterway (AICW), 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the S.R. 74 Bridge 

across the AICW, at mile 283.1, at 

Wrightsville Beach, NC. The deviation 

is necessary to facilitate a significant 

bridge rehabilitation project. This 


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