Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 46007 

preliminary expenses associated with 

emigrating from Cuba to the United 

States. These remittances may be sent 

before the payees have received valid 

visas issued by the State Department or 

other approved U.S. immigration 

documents, but may not be carried by a 

licensed traveler to Cuba until the 

payees have received valid visas issued 

by the State Department or other 

approved U.S. immigration documents. 

See § 515.560(c)(4) of this part for the 

rules regarding the carrying of 

authorized remittances to Cuba. These 

remittances may not be made from a 

blocked source unless authorized 

pursuant to paragraph (c) of this section. 

(2) Up to an additional $1,000 per 

payee on a one-time basis to Cuban 

nationals for the purpose of enabling the 

payees to emigrate from Cuba to the 

United States, including for the 

purchase of airline tickets and payment 

of exit or third-country visa fees or other 

travel-related fees. These remittances 

may be sent only once the payees have 

received valid visas issued by the State 

Department or other approved U.S. 

immigration documents. A remitter 

must be able to provide the visa 

recipients’ full names, dates of birth, 

visa numbers, and visa dates of 

issuance. See § 515.560(c)(4) of this part 

for the rules regarding the carrying of 

authorized remittances to Cuba. These 

remittances may not be made from a 

blocked source unless authorized 

pursuant to paragraph (c) of this section. 

(c) Provided the recipient is not a 

prohibited official of the Government of 

Cuba, as defined in § 515.337 of this 

part, or a prohibited member of the 

Cuban Communist Party, as defined in 

§ 515.338 of this part, certain 

remittances from blocked sources are 

authorized as follows: 

(1) Funds deposited in a blocked 

account in a banking institution in the 

United States held in the name of, or in 

which the beneficial interest is held by, 

a national of Cuba as a result of a valid 

testamentary disposition, intestate 

succession, or payment from a life 

insurance policy or annuity contract 

triggered by the death of the policy or 

contract holder may be remitted: 

(i) To that national of Cuba, provided 

that s/he is a close relative, as defined 

in § 515.339 of this part, of the 

decedent; 

(ii) To that national of Cuba as 

emigration-related remittances in the 

amounts and consistent with the criteria 

set forth in paragraph (b) of this section. 

(2) Up to $300 in any consecutive 

three-month period may be remitted 

from any blocked account in a banking 

institution in the United States to a 

Cuban national in a third country who 

is an individual in whose name, or for 

whose beneficial interest, the account is 

held. 

(d) Specific licenses. Specific licenses 

may be issued on a case-by-case basis 

authorizing the following: 

(1) Remittances by persons subject to 

U.S. jurisdiction, including but not 

limited to non-governmental 

organizations and individuals, to 

independent non-governmental entities 

in Cuba, including but not limited to 

pro-democracy groups, civil society 

groups, and religious organizations, and 

to members of such groups or 

organizations; 

(2) Remittances from a blocked 

account to a Cuban national in excess of 

the amount specified in paragraph (c)(2) 

of this section; or 

(3) Remittances by persons subject to 

U.S. jurisdiction to a person in Cuba, 

directly or indirectly, for transactions to 

facilitate non-immigrant travel by an 

individual in Cuba to the United States 

under circumstances where 

humanitarian need is demonstrated, 

including but not limited to illness or 

other medical emergency. 

Note to § 515.570: For the rules relating to 

the carrying of remittances to Cuba, see 

§ 515.560(c)(4) of this part. Persons subject to 

U.S. jurisdiction are prohibited from 

engaging in the collection or forwarding of 

remittances to Cuba unless authorized 

pursuant to § 515.572. For a list of authorized 

U.S. remittance service providers other than 

depository institutions, see Authorized 

Providers of Air, Travel and Remittance 

Forwarding Services to Cuba available from 

OFAC’s Web site (www.treas.gov/ofac). 

■ 15. Amend § 515.572 by revising 

paragraph (a)(3) and adding a note to 

paragraph (a)(3) to read as follows: 

§ 515.572 Authorization of transactions 

incident to the provision of travel services, 

carrier services, and remittance forwarding 

services. 

(a) * * * 

(3) Authorization of remittance 

forwarders. Persons subject to U.S. 

jurisdiction, including persons that 

provide payment forwarding services 

and noncommercial organizations acting 

on behalf of donors, that wish to 

provide services in connection with the 

collection or forwarding of remittances 

authorized pursuant to this part must 

obtain specific authorization from 

OFAC. Depository institutions, as 

defined in § 515.333, are hereby 

authorized to provide these services 

without obtaining specific authorization 

from OFAC. However, all licensed 

remittance forwarders, including 

depository institutions, that forward 

remittances authorized pursuant to this 

part are required to collect from persons 

who use their services information 

showing compliance with the relevant 

remittance provisions of this part. 

Depository institutions are permitted to 

set up testing arrangements and 

exchange authenticator keys with Cuban 

financial institutions to forward 

remittances authorized by or pursuant 

to § 515.570, but may not open or use 

direct correspondent accounts of their 

own with Cuban financial institutions. 

Note to paragraph (a)(3): A suggested form 

for the collection of information showing 

compliance with the remittance provisions in 

§ 515.570 is available from OFAC’s Web site 

(www.treas.gov/ofac). 

* * * * * 

Dated: September 1, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

Approved: September 1, 2009. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. E9–21440 Filed 9–3–09; 4:15 pm] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0047] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York and Vicinity 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the existing special anchorage area at 

Perth Amboy, New Jersey, at the 

junction of the Raritan River and Arthur 

Kill. This action is necessary to facilitate 

safe navigation and provide for a safe 

and secure anchorage for vessels of not 

more than 20 meters in length. This 

action is intended to increase the safety 

of life and property on the Raritan River 

and Arthur Kill, improve the safety of 

anchored vessels, and provide for the 

overall safe and efficient flow of vessel 

traffic and commerce. 

DATES: This rule is effective October 8, 

2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0047 and are 

available online by going to http:// 


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www.regulations.gov, inserting ‘‘USCG– 

2008–0047’’ in the ‘‘Keyword’’ box, and 

pressing ‘‘Search.’’ 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 or 

e-mail Mr. Jeff Yunker, Waterways 

Management Division, Coast Guard, 

telephone 718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 8, 2008, the Coast Guard 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorage Regulations; Port of 

New York and Vicinity’’ (73 FR 26054). 

We received two letters commenting on 

the proposed rule, both of which stated 

the geographic coordinates appeared to 

be incorrect. One of the commenters 

suggested additional revisions to the 

proposed rule and requested a public 

meeting in the event the Coast Guard 

decided not to make the changes 

suggested. No public meeting was held, 

as the Coast Guard incorporated the 

commenter’s suggestions in a 

supplemental notice of proposed 

rulemaking (SNPRM) published on 

April 2, 2009 (74 FR 14938). We 

received one letter commenting on the 

SNPRM. After publication of the 

SNPRM, no public meeting was 

requested and none was held. 

Background and Purpose 

During times of tidal shifts, vessels 

moored near the edge of this special 

anchorage area were found swinging out 

into the Raritan River Cutoff and the 

Raritan River Federal Channels. Since 

moored vessels in a special anchorage 

area are exempt from the Inland Rules 

of the Road [Rule 30 (33 U.S.C 2030) 

and Rule 35 (33 U.S.C. 2035)], vessels 

swinging out into these Federal 

Channels create a high risk of collision 

with larger commercial vessels that 

transit past this special anchorage area, 

especially at night and during times of 

inclement weather. Also, when larger 

commercial vessels maneuver to avoid a 

collision with recreation vessels that 

swing out into these channels it creates 

a hazardous, close-quarters passing 

situation with other larger commercial 

vessels operating within these Federal 

Channels. 

On May 8, 2008, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Anchorage 

Regulations; Port of New York and 

Vicinity’’ in the Federal Register (73 FR 

26054). That NPRM contained incorrect 

coordinates. Therefore, on April 2, 2009, 

the Coast Guard published a 

supplemental notice of proposed 

rulemaking (SNPRM) titled ‘‘Anchorage 

Regulations; Port of New York and 

Vicinity’’ (74 FR 14938). In that SNPRM, 

the Coast Guard corrected the 

coordinates and also incorporated 

suggestions made in comments on the 

May 2008 NPRM. Specifically, the Coast 

Guard proposed to expand the northern 

boundary of the special anchorage area, 

explained its decision not to require an 

additional buffer zone between moored 

vessels and the Federal Channel, 

proposed a revised prohibition on use of 

mooring piles or stakes, and proposed 

revised contact information provided for 

the Fleet Captain of the Raritan Yacht 

Club. 

The Coast Guard received one letter 

commenting on the SNPRM. Those 

comments are discussed below. 

Discussion of Comments and Changes 

The Coast Guard received one letter 

commenting on the SNPRM. The 

commenter requested that only the 

Raritan Yacht Club main telephone 

number (732–826–2277) or VHF 

Channel 9 be published for mooring 

placement requests, and that the other 

telephone number be removed because 

it is a personal number. Additionally, 

due to revisions made to the NPRM, the 

commenter withdrew the previous 

request for a public hearing. The Coast 

Guard agrees with these comments. The 

contact information in the regulation 

will be revised to reflect this comment. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This finding is based on the fact that 

this rule requires recreational vessels to 

anchor a greater distance from the 

Raritan River Cutoff and Raritan River 

Federal Channels. As displayed on the 

government navigation charts, the 

current boundaries of the special 

anchorage area and adjacent Federal 

Channels nearly overlap. This rule 

greatly reduces the possibility of marine 

casualties, pollution incidents, or 

human fatalities that could be caused by 

these recreational vessels anchoring 

within, or near, the Federal Channels 

and causing a collision with any of the 

approximately 5,000 commercial vessels 

that transit the Raritan River Cutoff 

Channel on an annual basis. Vessel 

transit statistics from the ACOE 

Navigation Data Center are available 

online at: http:// 

www.iwr.usace.army.mil/ndc/wcsc/ 

wcsc.htm. Additionally, vessels are still 

able to anchor in an area approximately 

850 to 1,050 yards wide by 480 to 980 

yards long off the southern Perth Amboy 

shoreline. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: the owners or operators of 

recreational vessels intending to anchor 

immediately adjacent to Raritan River 

Cutoff and Raritan River Federal 

Channels, which could cause a marine 

casualty, pollution incident, or human 

fatality due to a commercial vessel 

colliding with the anchored or moored 

recreational vessel(s). This rule will also 

affect commercial vessels by reducing 

the possibility that they will encounter 

hazardous, close-quarters passing 

conditions created by recreational 

vessels within the channels. However, 

the requirements contained within the 

rule will not have a significant 

economic impact on these entities for 

the following reasons: the revised 

special anchorage area requires vessels 


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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 46009 

to moor, or anchor, at a greater distance 

from the Raritan River and Raritan River 

Cutoff Federal Channels, reducing the 

threat of collision with vessels transiting 

the adjacent Federal Channel. This 

special anchorage area was never 

designed to authorize vessels to anchor, 

or moor, in a manner where they would 

extend into the Federal Channel 

creating a hazard to navigation. 

Additionally, vessels will still be able to 

anchor in an area approximately 850 to 

1,050 yards wide by 480 to 980 yards 

long off the southern Perth Amboy 

shoreline. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the SNPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

34(f), of the Instruction. This rule 

involves the expansion of a Special 

Anchorage Area. This rule fits the 

category selected from paragraph 34(f) 

as it is a Special Anchorage Area. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 


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46010 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 110.60(d)(10) to read as 

follows: 

§ 110.60 Captain of the Port, New York. 

* * * * * 

(d) * * * 

(10) Perth Amboy, NJ. All waters 

bound by the following points: 

40°30′26.00′′ N, 074°15′42.00′′ W; thence 

to 40°30′24.29′′ N, 074°15′35.20′′ W; 

thence to 40°30′02.79′′ N, 074°15′44.16′′ 

W; thence to 40°29′35.70′′ N, 

074°16′08.88′′ W; thence to 40°29′31.00′′ 

N, 074°16′20.75′′ W; thence to 

40°29′47.26′′ N, 074°16′49.82′′ W; thence 

to 40°30′02.00′′ N, 074°16′41.00′′ W, 

thence along the shoreline to the point 

of origin. 

(i) This area is limited to vessels no 

greater than 20 meters in length and is 

primarily for use by recreational craft on 

a seasonal or transient basis. These 

regulations do not prohibit the 

placement of moorings within the 

anchorage area, but requests for the 

placement of moorings should be 

directed to the Raritan Yacht Club Fleet 

Captain (telephone 732–826–2277 or 

VHF Channel 9) to ensure compliance 

with local and State laws. All moorings 

shall be so placed that no vessel, when 

anchored, will at any time extend 

beyond the limits of the area. Fixed 

mooring piles or stakes are prohibited 

seaward of the pier head line. Mariners 

are encouraged to contact the Raritan 

Yacht Club Fleet Captain for any 

additional ordinances or laws and to 

ensure compliance with additional 

applicable State and local laws. 

(ii) [Reserved] 

* * * * * 

Dated: July 30, 2009. 

J.L. Nimmich, 

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

First Coast Guard District. 

[FR Doc. E9–21435 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0795] 

Drawbridge Operation Regulations; 

Hampton River, Hampton, NH, 

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 SR1A Bridge across 

the Hampton River at mile 0.0, at 

Hampton, New Hampshire. This 

temporary deviation allows the SR1A 

Bridge to remain in the closed position 

for 10 hours to facilitate bridge 

maintenance. 

DATES: This deviation is effective from 

7 a.m. through 5 p.m. on September 15, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0795 and are available online at 

http://www.regulations.gov, inserting 

USCG–2009–0795 in the ‘‘Keyword’’ 

and then clicking ‘‘Search.’’ They are 

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 or 

e-mail Mr. John McDonald, Project 

Officer, First Coast Guard District, 

telephone (617) 223–8364, 

john.w.mcdonald@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

The SR1A Bridge, across the Hampton 

River at mile 0.0, at Hampton, New 

Hampshire, has a vertical clearance in 

the closed position of 18 feet at mean 

high water and 26 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.697. 

The waterway predominantly 

supports recreational vessels of various 

sizes. 

The bridge owner, New Hampshire 

Department of Transportation, requested 

a temporary deviation to facilitate 

necessary bridge maintenance. 

Under this temporary deviation the 

SR1A Bridge may remain in the closed 

position from 7 a.m. through 5 p.m. on 

September 15, 2009. Vessels that can 

pass under the bridge without a bridge 

opening may do so at all times. 

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. 

Dated: August 27, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–21560 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0735] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ, 

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 Witt Penn Bridge at 

mile 3.1, across the Hackensack River, at 

Jersey City, New Jersey. Under this 

temporary deviation the Witt Penn 

Bridge may remain in the closed 

position for 45 days to facilitate 

necessary bridge maintenance. 

DATES: This deviation is effective from 

September 8, 2009 through October 22, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0735 and are available online at 

www.regulations.gov, inserting USCG– 

2009–0735 in the ‘‘Keyword’’ and then 

clicking ‘‘Search’’. They are 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 or 

e-mail Mr. Joe Arca, 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 Witt 

Penn Bridge, across the Hackensack 

River at mile 3.1 has a vertical clearance 

in the closed position of 35 feet at mean 

high water and 40 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.723. 


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