Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 49325 

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 M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which does not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05– 

1(g); Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add a new § 117.702 to read as 

follows: 

§ 117.702 Arthur Kill 

(a) The draw of the Arthur Kill (AK) 

Railroad Bridge shall be maintained in 

the full open position for navigation at 

all times, except during periods when it 

is closed for the passage of rail traffic. 

(b) The bridge owner/operator shall 

maintain a dedicated telephone hot line 

for vessel operators to call the bridge in 

advance to coordinate anticipated 

bridge closures. The telephone hot line 

number shall be posted on signs at the 

bridge clearly visible from both the up 

and downstream sides of the bridge. 

(c) Tide restrained deep draft vessels 

shall notify the bridge operator, daily, of 

their expected times of vessel transits 

through the bridge, by calling the 

designated telephone hot line. 

(d) The bridge shall not be closed for 

the passage of rail traffic during any 

predicted high tide period if a tide 

restrained deep draft vessel has 

provided the bridge operator with an 

advance notice of their intent to transit 

through the bridge. For the purposes of 

this regulation, the predicted high tide 

period shall be considered to be from 

two-hours before each predicted high 

tide to a half-hour after each predicted 

high tide taken at the Battery, New 

York. 

(e) The bridge operator shall issue a 

manual broadcast notice to mariners of 

the intent to close the bridge for a 

period of up to thirty minutes for the 

passage of rail traffic, on VHF–FM 

channels 13 and 16 (minimum range of 

15 miles) 90-minutes before and again at 

75-minutes before each bridge closure. 

(f) Beginning at 60 minutes prior to 

each bridge closure, automated or 

manual broadcast notice to mariners 

must be repeated at 15 minute intervals 

and again at 10 and 5 minutes prior to 

each bridge closure and once again as 

the bridge begins to close and 

appropriate sound signal given. 

(g) Two fifteen minute bridge closures 

may be provided each day for the 

passage of multiple rail traffic 

movements across the bridge. Each 

fifteen minute bridge closure shall be 

separated by at least a thirty minute 

period when the bridge is returned to 

and remains in the full open position. 

Notification of the two fifteen minute 

closures shall follow the same 

procedures outlined in paragraphs e and 

f above. 

(h) A vessel operator may request up 

to a 30 minute delay for any bridge 

closure in order to allow vessel traffic to 

meet tide or current requirements; 

however, the request to delay the bridge 

closure must be made within 30 

minutes following the initial broadcast 

for the bridge closure. Requests received 

after the initial 30 minute broadcast will 

not be granted. 

(i) In the event of a bridge operational 

failure, the bridge operator shall 

immediately notify the Coast Guard 

Captain of the Port New York. The 

bridge owner/operator must provide and 

dispatch a bridge repair crew to be on 

scene at the bridge no later than 45 

minutes after the bridge fails to operate. 

A repair crew must remain at the bridge 

at all times until the bridge has been 

fully restored to normal operations or 

the bridge must be raised and locked in 

the fully open position. 

■ 3. Section 117.747 is revised to read 

as follows: 

§ 117.747 Raritan River 

(a) The draw of New Jersey Transit 

Rail Operations Railroad Bridge at mile 

0.5 shall open on signal; except that, 

from 6 a.m. to 9:30 a.m. and 4:30 p.m. 

to 7:30 p.m., Monday through Friday, 

except holidays, the bridge need not 

open. 

(b) The bridge owner shall provide 

and keep in good legible condition two 

clearance gauges with figures not less 

than 12 inches high designed, installed 

and maintained according to the 

provisions of § 118.160 of this chapter. 

(c) Trains and locomotives shall be 

controlled so that any delay in opening 

the draw span shall not exceed ten 

minutes. However, if a train moving 

toward the bridge has crossed the home 

signal for the bridge before the signal 

requesting opening of the bridge is 

given, the train may continue across the 

bridge and must clear the bridge 

interlocks before the bridge may be 

opened. 

Dated: September 8, 2009. 

Joseph L. Nimmich, 

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

First Coast Guard District. 

[FR Doc. E9–23278 Filed 9–25–09; 8:45 am] 

BILLING CODE 4910 P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0864] 

Drawbridge Operation Regulation; 

Cape Fear River and Northeast Cape 

Fear River, Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander Fifth Coast 

Guard District has issued a temporary 

deviation from the regulations 

governing the operation of the Cape Fear 

River Memorial Bridge at mile 26.8 and 

the Isabel S. Holmes Bridge at mile 1.0 

across Northeast Cape Fear River at 

Wilmington NC. The deviation is 

necessary to accommodate a road race. 

This deviation allows the bridges to 

remain in the closed position to vessels. 

DATES: This deviation is effective from 

8 a.m. to 10 a.m. on October 4, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0864 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0864 in the ‘‘Keyword’’ 

box 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, 


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49326 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations 

1PRC Order No. 246, Notice of Proposed 

Rulemaking to Amend the Cap Calculation in the 

System of Ratemaking, July 10, 2009 (Order No. 

246). 

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 Gary Heyer, Bridge Management 

Specialist, Fifth Coast Guard District; 

telephone 757–398–6629, e-mail 

Gary.S.Heyer@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 Cape 

Fear River Memorial Bridge at mile 26.8, 

a vertical-lift type bridge, and the Isabel 

S. Holmes Bridge at mile 1.0 across 

Northeast Cape Fear River, a bascule lift 

bridge, have vertical clearances in the 

closed positions to vessels of 65 feet and 

40 feet above mean high water, 

respectively. 

The North Carolina Department of 

Transportation has requested a 

temporary deviation from the current 

operating regulations of the 

aforementioned bridges set out in 33 

CFR 117.823 and 33 CFR 117.829 (a), 

respectively, to accommodate the 

annual Riverfest 8K Run. The deviation 

would allow the two drawbridges to 

remain in the closed position to vessels 

from 8 a.m. to 10 a.m. on Sunday, 

October 4, 2009. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridges 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 designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 15, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E9–23279 Filed 9–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0865] 

Drawbridge Operation Regulation; 

Cape Fear River and Northeast Cape 

Fear River, Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander Fifth Coast 

Guard District has issued a temporary 

deviation from the regulations 

governing the operation of the Cape Fear 

River Memorial Bridge at mile 26.8 and 

the Isabel S. Holmes Bridge at mile 1.0 

across Northeast Cape Fear River at 

Wilmington NC. The deviation is 

necessary to accommodate a road race. 

The deviation allows the bridges to 

remain in the closed position. 

DATES: This deviation is effective from 

7 a.m. to 11 a.m. on November 1, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0865 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0865 in the ‘‘Keyword’’ 

box 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 Gary Heyer, Bridge Management 

Specialist, Fifth Coast Guard District, 

telephone 757–398–6629, e-mail 

Gary.S.Heyer @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 Cape 

Fear River Memorial Bridge at mile 26.8, 

a vertical-lift type bridge, and the Isabel 

S. Holmes Bridge at mile 1.0 across 

Northeast Cape Fear River, a bascule lift 

bridge, has vertical clearances in the 

closed positions to vessels of 65 feet and 

40 feet above mean high water, 

respectively. 

The North Carolina Department of 

Transportation has requested a 

temporary deviation from the current 

operating regulations of the 

aforementioned bridges set out in 33 

CFR 117.823 and 33 CFR 117.829 (a), 

respectively, to accommodate the 

annual Battleship Half Marathon. The 

deviation would allow the two 

drawbridges to remain in the closed 

position to vessels from 7 a.m. to 11 

a.m. on Sunday, November 1, 2009. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

closure periods for the bridges 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 designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 15, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, By 

Direction of the Commander, Fifth Coast 

Guard District. 

[FR Doc. E9–23280 Filed 9–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3010 

[Docket No. RM2009–8; Order No. 303] 

Postal Rates 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission has 

approved a rounding convention used 

in the statutory price cap calculation for 

purposes of establishing rates for certain 

postal products. This change will 

facilitate small rate adjustments and 

promote consistency with the treatment 

of unused rate adjustment rounding. 

DATES: Effective October 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

72 FR 63662 (November 9, 2007). 

74 FR 27843 (June 11, 2009). 

74 FR 36132 (July 22, 2009). 

This order adopts the amendments 

proposed to the inflation-based price 

cap calculation as set forth in Order No. 

246.1 The amendments allow the 

Commission to calculate the price cap 

using three decimal places, as opposed 

to one decimal place. Id. at 2–3. 

Order No. 246 explains that 

previously data limitations only allowed 

for the use of one decimal place. Id. at 

2. Order No. 246 also sets forth the 

developments that make three decimal 

places more appropriate, including 

small rate adjustments proposed by the 

Postal Service, which require a greater 

degree of precision from the cap; the 

availability of data that allows the cap 


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