Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9521 

Commission or any member or agent of 

the Commission, the Commission may 

order that the parolee not receive credit 

for the period of time that the 

Commission determines that the parolee 

failed or refused to respond to such a 

request, order, summons, or warrant. 

(4) The provisions of this paragraph 

(e) shall apply only to any period of 

parole that is being served on or after 

May 20, 2009, and shall not apply to 

any period of parole that was revoked 

before that date. 

(e) Notwithstanding paragraphs (a) 

through (d) of this section, prisoners 

committed under the Federal Youth 

Corrections Act shall not be subject to 

forfeiture of time on parole, but shall 

serve uninterrupted sentences from the 

date of conviction except as provided in 

§ 2.10(b) and (c). DC Code 24–406(c) and 

paragraphs (a) through (d) of this section 

are fully applicable to prisoners serving 

sentences under the DC Youth 

Rehabilitation Act. 

* * * * * 

■ 12. Section § 2.208 is revised to read 

as follows: 

§ 2.208 Termination of a term of 

supervised release. 

(a)(1) The Commission may terminate 

a term of supervised release and 

discharge the releasee from supervision 

after the expiration of one year of 

supervised release, if the Commission is 

satisfied that such action is warranted 

by the conduct of the releasee and the 

interest of justice. 

(2) Upon terminating supervision of a 

committed youth offender before the 

sentence expires, the Commission shall 

set aside the committed youth offender’s 

conviction and issue a certificate setting 

aside the conviction instead of a 

certificate of discharge. 

(b) Two years after a prisoner is 

released on supervision, and at least 

annually thereafter, the Commission 

shall review the status of the releasee to 

determine the need for continued 

supervision. The Commission shall also 

conduct a status review whenever the 

supervision officer recommends 

termination of the supervised release 

term. If the term of supervised release 

imposed by the court is two years or 

less, the Commission shall consider 

termination of supervision only if 

recommended by the releasee’s 

supervision officer. 

(c) In calculating the two-year period 

provided in paragraph (b) of this 

section, the Commission shall not 

include any period of release before the 

most recent release, or any period 

served in confinement on any other 

sentence. 

(d)(1) In deciding whether to 

terminate supervised release, the 

Commission shall consider the 

guidelines of this paragraph (d). The 

guidelines are advisory and the 

Commission may disregard the outcome 

indicated by the guidelines based on 

case-specific factors. Termination of 

supervision is indicated if the releasee: 

(i) Has a salient factor score in the 

very good risk category and has 

completed two continuous years of 

supervision free from an incident of 

new criminal behavior or serious release 

violation; or 

(ii) Has a salient factor score in a risk 

category other than very good and has 

completed three continuous years of 

supervision free from an incident of 

new criminal behavior or serious release 

violation. 

(2) As used in this paragraph (d), the 

term ‘‘an incident of new criminal 

behavior or serious release violation’’ 

includes a new arrest or report of a 

release violation if supported by 

substantial evidence of guilt, even if no 

conviction or release revocation results. 

The Commission shall not terminate 

supervision of a releasee until it 

determines the disposition of a pending 

criminal charge. 

(3) Case-specific factors that may 

justify a departure either above or below 

the early termination guidelines may 

relate to the current behavior of the 

releasee, or to the releasee’s background 

and criminal history. 

Dated: February 24, 2010. 

Isaac Fulwood, 

Chairman, U.S. Parole Commission. 

[FR Doc. 2010–4270 Filed 3–2–10; 8:45 am] 

BILLING CODE 4410–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0083] 

Drawbridge Operation Regulations; 

Elizabeth River, Eastern Branch, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary deviation from 

regulations; request for comments. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Berkley Bridge 

across the Eastern Branch of the 

Elizabeth River, mile 0.4, at Norfolk, 

Virginia. This deviation is necessary to 

test another change in the drawbridge 

operation schedule based on comments 

received from the first test deviation 

published on October 9, 2009. 

DATES: This deviation is effective from 

9 a.m. on March 10, 2010 through 2:30 

p.m. on September 3, 2010. 

Comments and related material must 

be received by the Coast Guard on or 

before July 1, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0083 using any one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: 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– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Terrance A. Knowles, 

Environmental Protection Specialist, 

Fifth Coast Guard District, telephone 

757–398–6587, e-mail 

Terrance.A.Knowles@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0083), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 


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9522 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0083,’’ click ‘‘Search,’’ and then click on 

the balloon shape in the ‘‘Actions’’ 

column. If you submit your comments 

by mail or hand delivery, submit them 

in an unbound format, no larger than 

81⁄2 by 11 inches, suitable for copying 

and electronic filing. If you submit them 

by mail and would like to know that 

they reached the Facility, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0083’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Regulatory Information 

On October 9, 2009, we published a 

notice of temporary deviation request 

for comments entitled; ‘‘Drawbridge 

Operation Regulations; Elizabeth River, 

Eastern Branch, Norfolk, VA, in the 

Federal Register (74 FR 52143) and a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Elizabeth River, Eastern 

Branch, Norfolk, VA, in the Federal 

Register (74 FR 52158). We received 861 

comments for both the temporary 

deviation and NPRM. No public meeting 

was requested, and none was held. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On behalf of the Cities of Chesapeake 

and Norfolk Virginia, the Virginia 

Department of Transportation (VDOT), 

who owns and operates the lift-type 

Berkley Bridge, requested a temporary 

change to the existing bridge 

regulations. The normal operating 

schedule allows the Berkley Bridge, 

mile 0.4, with a vertical clearance of 48 

feet at mean high tide in Norfolk, VA, 

to remain closed one hour prior to the 

published start of a scheduled marine 

event regulated under § 100.501, and 

remain closed until one hour following 

the completion of the event unless the 

Patrol Commander designated under 

§ 100.501 allows the bridge to open for 

commercial vessel traffic. In addition, 

the bridge shall open on signal any time 

except from 5 a.m. to 9 a.m. and from 

3 p.m. to 7 p.m., Monday through 

Friday, except Federal holidays, and 

shall open at any time for vessels with 

a draft of 18 feet or more, provided that 

at least 6 hours advance notice has been 

given to the Berkley Bridge Traffic 

Control Room at (757) 494–2490 as 

required by 33 CFR 117.1007(b) and (c). 

Vessel traffic on this waterway consists 

of pleasure craft, tug and barge traffic, 

and ships with assist tugs seeking 

repairs. There is no alternate waterway 

route around the bridge. 

Due to the temporary closure of two 

area bridges, this bridge and its 

approaches has experienced vehicular 

back-ups, delays, and congestion. 

During this test deviation, VDOT will 

gather data from the scheduled 

openings, along with vessel counts, to 

compare, evaluate, and monitor both the 

old and new traffic patterns in hope of 

reducing roadway congestion on the 

bridge and local commuting area by 

adjusting bridge openings to ensure any 

future regulation will not have a 

significant impact on navigation. 

The Berkley Bridge is the principle 

arterial route in and out of the City of 

Norfolk and serves as the major 

evacuation highway in the event of 

emergencies. The monthly vehicular 

traffic counts submitted by VDOT for 

the last quarter of calendar year 2008 

show the average daily traffic volumes 

at the Berkley Bridge as shown below: 

October 2008—83,296 vehicles 

November 2008—99,643 vehicles 

December 2008—106,856 vehicles 

The traffic counts revealed that from 

October 2008 to December 2008, the 

Berkley Bridge has experienced a seven 

percent (or 23,560-car) increase in traffic 

flow. The Coast Guard anticipates a 

continued increase in vehicular traffic 

over the Berkley Bridge. 

The Coast Guard received 861 

comments on both the temporary 

deviation and NPRM. A large majority 

of the responses from commuters 

approved the scheduled opening set-up. 

However, the local maritime community 

expressed objections to the schedule 

change to vessels. After review of all of 

the comments and bridge-related data 

received, the Coast Guard has 

determined that an alternative proposal 

should be considered. 

A Supplemental Proposed 

Rulemaking, [USCG–2009–0754], is 

being issued in conjunction with this 

Temporary Deviation to obtain 

additional public comments. 

The Coast Guard will evaluate public 

comments from this Temporary 

Deviation and the above-referenced 

Supplemental Proposed Rulemaking to 

determine if a proposed temporary 

change to the drawbridge operating 

regulation is warranted for the duration 

of the project. 

The Test Schedule 

From March 10, 2010, to September 3, 

2010, the draw of the Berkley Bridge, 

mile 0.4, at Norfolk, shall operate as 

follows: 

(1) The draw shall remain closed one 

hour prior to the published start of a 

scheduled marine event regulated under 

§ 100.501, and shall remain closed until 

one hour following the completion of 

the event unless the Patrol Commander 

designated under § 100.501 allows the 

bridge to open for commercial vessel 

traffic. 

(2) The draw shall open on signal at 

any time for vessels carrying, in bulk, 


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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9523 

1Notice of the United States Postal Service of 

Filing of Functionally Equivalent Global Direct 

Contracts Negotiated Service Agreement, and 

Request to Add Global Direct Contracts 1 to the 

Competitive Products List, December 23, 2009 

(Request). 

2 Docket Nos. MC2009–9, CP2009–10 and 

CP2009–11, Order Concerning Global Direct 

Contracts Negotiated Service Agreements, 

December 19, 2008 (Order No. 153). 

3 Governors’ Decision No. 08–10, July 16, 2008, 

filed in Docket No. MC2008–7, establishes prices 

and classifications not of general applicability for 

Global Direct and Global Bulk Economy Contracts, 

as well as for Global Plus Contracts 2, which 

combines Global Direct and Global Bulk Economy 

services. As part of Governors’ Decision No. 08–10, 

the Postal Service submitted a description of Global 

Direct Contracts which it describes as ‘‘contracts 

giving a rate for mail acceptance within the United 

States and transportation to a receiving country 

with the addition by the customer of appropriate 

foreign postage charged by the receiving country.’’ 

Request, Attachment 4; see also Request at 2, n.3, 

citing PRC Order No. 153 at 9 (regarding indirect 

postage payment). 

cargoes regulated by 46 CFR 

subchapters D or O, or Certain 

Dangerous Cargoes as defined in 33 CFR 

160.204. 

(3) For all other vessels, the draw 

shall open on signal at any time, except 

from 5 a.m. to 7 p.m., Monday through 

Friday, except Federal holidays. During 

these times, the draw shall: 

(i) Open for commercial vessels with 

a draft of 18 feet or more, provided at 

least 6 hours notice was given to the 

Berkley Bridge Traffic Control room at 

(757) 494–2490. 

(ii) Open on signal at 9 a.m., 11 a.m., 

1 p.m. and 2:30 p.m. 

(4) If the bridge is not opened during 

a particular scheduled opening per 

subparagraph (b)(3)(ii) and a vessel has 

made prior arrangements for a delayed 

opening, the draw tender may provide 

a single opening up to 30 minutes past 

that scheduled opening time for that 

signaling vessel, except at 2:30 p.m. The 

draw tender may provide a single 

opening up to 20 minutes past the 2:30 

p.m. scheduled opening time for a 

signaling vessel that made prior 

arrangements for a delayed opening. A 

vessel may make prior arrangements for 

a delayed opening by contacting the 

Berkley Bridge Traffic Control room at 

(757) 494–2490. 

During this test deviation, VDOT will 

continue to gather data from the 

scheduled openings, along with vessel 

counts, to compare, evaluate, and 

monitor both old and new traffic 

patterns in hope of reducing roadway 

congestion on the bridge and local 

commuting area by adjusting bridge 

openings to ensure a future regulation 

will not have a significant impact on 

navigation. 

Additional Information 

This deviation has been coordinated 

with the main commercial waterway 

user group that has vessels transiting in 

this area and there is no expectation of 

any significant impacts on navigation. 

Vessels with mast heights of less than 

48 feet, above mean high water, can pass 

underneath the bridge in the closed 

position. There are no alternate 

waterway routes. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 11, 2010. 

Wayne E. Justice, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2010–4365 Filed 3–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2010–17 and CP2010–18; 

Order No. 386] 

New Postal Product 

AGENCY: Postal Regulatory Commission 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Global Direct Contracts 1 to the 

Competitive Product List. This action is 

consistent with a postal reform law. 

Republication of the lists of market 

dominant and competitive products is 

also consistent with a statutory 

requirement. 

DATES: Effective April 2, 2010 and is 

applicable beginning January 11, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 75 FR 471 (January 5, 2010). 

Table of Contents 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service seeks to add a new 

product identified as Global Direct 

Contracts 1 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

II. Background 

On December 23, 2009, the Postal 

Service filed a request seeking to add a 

new product, Global Direct Contracts 1, 

to the Global Direct Contracts product.1

The Global Direct product provides a 

rate for mail acceptance within the 

United States, transportation to a 

receiving country of mail that bears the 

destination country’s indicia, and 

payment by the Postal Service of the 

appropriate settlement charges to the 

receiving country. In support of its 

Request, the Postal Service incorporates 

by reference the Statement of 

Supporting Justification of Frank 

Cebello, Executive Director, Global 

Business Management, initially filed 

with its request in Docket Nos. 

MC2009–9, CP2009–10 and CP2009– 

11.2 The Request has been assigned 

Docket No. MC2010–17. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 CFR 3015.5. The contract 

has been assigned Docket No. CP2010– 

18 and is the successor to the contract 

approved in Docket No. CP2009–11. See 

Order No. 153. The Postal Service states 

that the instant contract is functionally 

equivalent to previously submitted 

Global Direct Contracts and is supported 

by Governors’ Decision No. 08–10, 

which establishes prices and 

classifications not of general 

applicability for Global Direct 

Contracts.3 In addition, the Postal 

Service contends that the contract is in 

accordance with Order No. 153. 

The contract term is 1 year from the 

effective date and may be automatically 

renewed unless the parties agree 

otherwise. Id. at 3–4. 

In support of its Request, the Postal 

Service filed the following five 

attachments: 

1. Attachment 1–a redacted copy of 

the contract; 

2. Attachment 2–a certified statement 

required by 39 CFR 3015.5(c)(2); 

3. Attachment 3–an application for 

non-public treatment of materials to 

maintain the contract and supporting 

documents under seal; 

4. Attachment 4–a redacted copy of 

Governors’ Decision No. 08–10, which 

establishes prices and classifications for 

Global Direct, Global Bulk Economy, 

and Global Plus Contracts; and 

5. Attachment 5–a statement of 

supporting justification from Docket No. 

CP2009–11, which is included by 

reference for the instant contract to 

satisfy 39 CFR 3020.32. 

The Postal Service will notify the 

customer of the effective date of the 

contract within 30 days after receiving 

all regulatory approvals. Id. at 3–4. The 

related contract at issue under Docket 

No. CP2009–11 expires on January 11, 


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