Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51077 

Restricted Area R–2502A, Fort Irwin, 

CA (74 FR 33382). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal. No 

comments were received during the 

comment period. 

Section 73.25 of 14 CFR Part 73 was 

republished in FAA Order 7400.8R, 

dated February 5, 2009. 

Military Operation Area (MOA) 

Restricted areas are regulatory 

airspace designations, under Title 14 

Code of Federal Regulations (CFR) part 

73, which are established to confine or 

segregate activities considered 

hazardous to non-participating aircraft. 

A MOA is a non-rulemaking type of 

SUA established to separate or segregate 

certain non-hazardous military flight 

activities from aircraft operating in 

accordance with instrument flight rules 

(IFR), and to identify for visual flight 

rules (VFR) pilots where those activities 

are conducted. IFR aircraft may be 

routed through an active MOA only 

when air traffic control can provide 

approved separation from the MOA 

activity. VFR pilots are not restricted 

from flying in an active MOA, but are 

advised to exercise caution while doing 

so. 

Unlike restricted areas, which are 

designated through rulemaking 

procedures, MOAs are non-rulemaking 

airspace areas that are established 

administratively and published in the 

National Flight Data Digest. Normally 

MOA actions are not published in a 

NPRM, but instead, are advertised for 

public comment through a non-rule 

circular that is distributed by an FAA 

Service Center office to aviation 

interests in the affected area. However, 

when a non-rulemaking action is 

connected to a rulemaking action, FAA 

procedures allow for the nonrulemaking action to be included in the 

Rule. In such cases, the NPRM replaces 

the non-rule circularization 

requirement. Because the change to the 

Silver MOA North was necessary, due to 

the establishment of the restricted area, 

the MOA was modified to exclude the 

airspace contained in R–2502A. 

MOA Change 

Silver MOA North, CA 

Boundaries. Beginning at lat. 35°39′00′′ N., 

long. 115°53′03′′ W.; to lat. 35°24′30′′ N., 

long. 115°53′03′′ W.; to lat. 35°06′50′′ N., 

long. 116°20′00′′ W.; to lat. 35°04′30′′ N., 

long. 116°29′00′′ W.; to lat. 35°07′00′′ N., 

long. 116°34′03′′ W.; to point of beginning. 

Excluding the airspace below 3,000 feet AGL 

within a 3NM radius of the town of Baker, 

CA (lat. 35°16′00′′ N. long. 116°04′33′′ W.) 

and R2502A. 

The Rule 

The FAA is amending Title 14 CFR 

part 73 to establish Restricted Area R– 

2502A at Fort Irwin, CA. The U.S. Army 

has requested this restricted area 

because the existing special use airspace 

does not include the airspace above the 

expanded land maneuver area created to 

support the NTC. This action will 

ensure a safe training environment, 

isolated from the public, for military air 

and ground maneuvers from the surface 

to the upper limits of restricted airspace. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes restricted area airspace at 

Fort Irwin, CA. 

Environmental Review 

The FAA has determined that the 

Environmental Assessment (EA) 

prepared by the Department of Army 

associated with the proposed project, is 

adequate for adoption in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ Paragraph 404d. The FAA 

has independently evaluated the 

information contained in the EA and 

takes full responsibility for the scope 

and content that addresses FAA actions. 

Further, the FAA has issued its own 

Finding of No Significant Impact 

(FONSI). The FAA’s Adoption of 

Environmental Assessment and FONSI 

are combined into a single document 

dated August 1, 2008. A copy of the 

Adoption of Environmental Assessment 

and FONSI document has been inserted 

into the official docket for this 

rulemaking. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.25 [Amended] 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2502A Fort Irwin, CA [New] 

Boundaries. Beginning at lat. 35°25′48′′ N., 

long. 116°18′48′′ W.; to lat. 35°25′30′′ N., 

long. 116°09′46′′ W.; to lat. 35°23′15′′ N., 

long. 116°09′47′′ W.; to lat. 35°06′54′′ N., 

long. 116°30′17′′ W.; to lat. 35°07′00′′ N., 

long. 116°34′03′′ W.; to lat. 35°18′45′′ N., 

long. 116°18′48′′ W. to point of beginning. 

Designated altitudes. Surface to 16,000 feet 

MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Hi-Desert 

TRACON, Edwards, CA. 

Using agency. Commander, Fort Irwin, CA. 

* * * * * 

Issued in Washington, DC, on September 

28, 2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–23879 Filed 10–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2009–0857] 

Drawbridge Operating Regulations; 

Victoria Barge Canal, Bloomington, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 


cprice-sewell on DSK2BSOYB1PROD with RULES
51078 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

1Notice of United States Postal Service of Filing 

Functionally Equivalent Inbound Direct Entry 

Contracts Negotiated Service Agreement, August 21, 

2009 (Notice). 

2See Docket Nos. MC2008–6, CP2008–14 and 

CP2008–15, Order Concerning Prices Under 

Inbound Direct Entry Contracts With Certain 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Union 

Pacific Railroad (UPRR) Vertical Lift 

Span Bridge across the Victoria Barge 

Canal, mile 29.4 at Bloomington, 

Victoria County, Texas. The deviation is 

necessary to allow for joint replacement 

on the draw span. This deviation 

provides for the bridge to remain closed 

to navigation for 8 consecutive hours on 

October 19 and 20, 2009, from 8 a.m. to 

4 p.m. each day. 

DATES: This deviation is effective from 

8 a.m. on Monday, October 19, 2009 

until 4 p.m. on Tuesday, October 20, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0857 and are available online by going 

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

USCG–2009–0857 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 Phil Johnson, Bridge 

Administration Branch, Eighth Coast 

Guard District; telephone 504–671– 

2128, e-mail Philip.R.Johnson@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 

Victoria County Navigation District has 

requested a temporary deviation from 

the operating schedule of the UPRR 

Vertical Lift Span Bridge across the 

Victoria Barge Canal, mile 29.4 at 

Bloomington, Texas. The vertical lift 

bridge has a vertical clearance of 22 feet 

above high water in the closed-tonavigation position and 50 feet above 

high water in the open-to-navigation 

position. 

Presently, the bridge opens on signal 

for the passage of vessels. This deviation 

allows the draw span of the bridge to 

remain closed to navigation for 8 

consecutive hours between 8 a.m. and 4 

p.m. each day on October 19 and 20, 

2009. Navigation on the waterway 

consists mainly of tugs with tows. Due 

to prior experience and coordination 

with waterway users, it has been 

determined that this closure will not 

have a significant effect on these 

vessels. 

The vertical lift bridge has a vertical 

clearance of 22 feet above high water in 

the closed-to-navigation position and 50 

feet above high water in the open-tonavigation position. No alternate routes 

are available. The closures are necessary 

to allow for rail joint replacement on the 

bridge. As this work is proposed during 

hurricane season, the work may be 

postponed and rescheduled, should any 

tropical storms or hurricanes enter or 

develop in the Gulf of Mexico. The 

Coast Guard has coordinated the 

closures with the commercial users of 

the waterway. 

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 21, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–23874 Filed 10–2–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–62; Order No. 296] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6) to the Competitive Product 

List. This action is consistent with 

changes in a recent law governing postal 

operations. Republication of the lists of 

market dominant and competitive 

products is also consistent with new 

requirements in the law. 

DATES: Effective October 5, 2009 and is 

applicable beginning September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 44880 (August 31, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service requests to add a 

new Inbound Direct Entry (IDE) contract 

to the Inbound Direct Entry Contracts 

with Foreign Postal Administrations 

product established in Docket No. 

MC2008–6.1 In its filing, the Postal 

Service also requests to have the instant 

contract designated as the new baseline 

agreement for purposes of determining 

the functional equivalence of future IDE 

contracts. Id. at 2. For the reasons 

discussed below, the Commission 

approves the addition of the instant 

contract to the Competitive Product List 

as a new product, Inbound Direct Entry 

Contracts with Foreign Postal 

Administrations 1 (referred to 

hereinafter as IDE 1). 

II. Background 

On August 21, 2009, the Postal 

Service filed a notice pursuant to 39 

U.S.C. 3633 and 39 CFR 3015.5 

announcing that it has entered into an 

Inbound Direct Entry (IDE) contract 

with New Zealand Post Limited (NZP), 

the public postal operator of New 

Zealand. It states that the NZP 

agreement is functionally equivalent to 

previously established IDE contracts 

filed in Docket Nos. CP2008–14, 

CP2008–15 and CP2009–41. Id. at 1. The 

IDE product allows the Postal Service to 

provide foreign postal administrations 

with the ability to ship sacks of parcels 

that are pre-labeled for direct entry into 

the Postal Service’s mailstream in 

exchange for applicable domestic 

postage plus a sack handling fee. The 

core of the service is the sack handling 

and entry as domestic mail. 

The Postal Service also publicly filed 

a redacted version of the contract, an 

application for non-public treatment of 

supporting materials, a certified 

statement required by 39 CFR 

3015(c)(2), a redacted version of the 

Governors’ Decision that authorizes IDE 

contracts, and a redacted version of the 

supporting financial information. The 

contract and supporting financial 

information were filed under seal. 

The Notice states that the instant 

contract is functionally equivalent to the 

IDE contracts previously submitted, fits 

within the Mail Classification Schedule 

(MCS) language included in Attachment 

A to Governors’ Decision No. 08–6, and 

should be included within the IDE 

contracts product. Id. at 2. In Order No. 

105, the Commission approved the 

individual IDE contracts in Docket No. 

MC2008–6 as functionally equivalent 

and added the contracts to the 

Competitive Product List as one product 

under the IDE classification.2


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