Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 6229 

be able to open for emergencies. The 

bridge normally operates in accordance 

with 33 CFR 117.460 on signal with at 

least a four hour advance notice except 

that it need not open on weekdays 

except holidays from 7 a.m. to 8:30 a.m. 

and 4:30 p.m. to 6 p.m. This deviation 

will allow the bridge to remain in the 

closed-to-navigation position from 9 

a.m. to 6 p.m. and will open on signal 

if at least 24 hour notice is given from 

6 p.m. to 9 a.m. starting January 31, 

2009 through February 14, 2009. During 

the closure periods the wire ropes used 

for lifting the movable span will all be 

changed. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational craft. Due to 

prior experience, as well as 

coordination with waterway users, and 

an alternate route, it has been 

determined that this closure will not 

have a significant effect on these 

vessels. 

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: January 12, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–2492 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0023] 

Drawbridge Operation Regulations; 

Nanticoke River, Seaford, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the SR 13 Bridge, at mile 39.6, across 

Nanticoke River, in Seaford, Delaware. 

Under this temporary deviation, the 

drawbridge will be allowed to operate 

on an advance notice basis on particular 

dates and times. The deviation is 

necessary to perform inspections of the 

electrical and mechanical systems. 

DATES: This deviation is effective from 

8 a.m. on February 6, 2009, to 5 p.m. on 

May 1, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0023 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: 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, and the 

Commander (dpb), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

23704–5004 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: Hardesty 

and Hanover LLP Engineering, on behalf 

of the Delaware Department of 

Transportation (who owns and operates 

this swing-type drawbridge) requested a 

temporary deviation from the current 

operating schedule to perform 

inspections of the electrical and 

mechanical systems. 

The SR 13 Bridge, at mile 39.6, across 

Nanticoke River in Seaford, DE, has a 

vertical clearance of three feet, above 

mean high water in the closed-tonavigation position. The existing 

regulation is listed at 33 CFR 117.243(b). 

Vessel openings will be provided each 

day from 8 a.m. to 5 p.m. on February 

6, 2009, and from April 27 to May 1, 

2009, if at least two hours notice is 

given. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

opening restrictions of the draw span to 

minimize transiting delays 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: January 21, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch Fifth 

Coast Guard District. 

[FR Doc. E9–2499 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0022] 

Drawbridge Operation Regulations; 

Cedar Creek, Cedar Beach, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the SR 36 Bridge, at mile 0.5, across 

Cedar Creek, in Cedar Beach, Delaware. 

Under this temporary deviation, the 

drawbridge will be allowed to operate 

on an advance notice basis on particular 

dates and times. The deviation is 

necessary to perform inspections of the 

electrical and mechanical systems. 

DATES: This deviation is effective from 

8 a.m. on February 5, 2009, to 5 p.m. on 

April 3, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0022 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

two locations: 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, 

and the Commander (dpb), Fifth Coast 

Guard District, Federal Building, 1st 

Floor, 431 Crawford Street, Portsmouth, 

VA 23704–5004 between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: Hardesty 

and Hanover LLP Engineering, on behalf 

of the Delaware Department of 

Transportation (who owns and operates 

this swing-type drawbridge) requested a 

temporary deviation from the current 

operating schedule to perform 

inspections of the electrical and 

mechanical systems. 

The SR 36 Bridge, at mile 0.5, across 

Cedar Creek in Cedar Beach, DE, has a 

vertical clearance of two feet, above 

mean high water, in the closed-tonavigation position. The existing 

regulation is listed at 33 CFR 117.234. 


dwashington3 on PROD1PC60 with RULES
6230 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Express Mail Contract 3 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, December 

31, 2008 (Request). 

2Attachment A to the Request. The analysis that 

accompanies the Governors’ Decision notes, among 

other things, that the contract is not risk free, but 

concludes that the risks are manageable. 

3Attachment B to the Request. 

4Attachment C to the Request. 

5Attachment D to the Request. 

6Attachment E to the Request. 

7PRC Order No. 165, Notice and Order 

Concerning Express Mail Contract 3 Negotiated 

Service Agreement, January 5, 2009 (Order No. 

165). 

8Public Representative Comments in Response to 

United States Postal Service Request to Add 

Express Mail Contract 3 to Competitive Product 

List, January 15, 2009 (Public Representative 

Comments). 

Vessel openings will be provided each 

day from 8 a.m. to 5 p.m. on February 

5, 2009, and from April 1 to April 3, 

2009, if at least two hours’ notice is 

given. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

opening restrictions of the draw span to 

minimize transiting delays 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: January 21, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E9–2498 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–15 and CP2009–21; 

Order No. 176] 

New Domestic Mail Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Express Mail Contract 3 to the 

Competitive Product List. This action is 

consistent with changes in a recent law 

governing postal operations and a recent 

Postal Service request. Republication of 

the lists of market dominant and 

competitive products is also consistent 

with new requirements in the law. 

DATES: Effective February 6, 2009, and 

is applicable beginning January 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 1262 (January 12, 2009). 

The Postal Service seeks to add a new 

product identified as Express Mail 

Contract 3 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

I. Background 

On December 31, 2008, the Postal 

Service filed a formal request pursuant 

to 39 U.S.C. 3642 and 39 CFR 3020.30 

et seq. to add Express Mail Contract 3 

to the Competitive Product List.1 The 

Postal Service asserts that the Express 

Mail Contract 3 product is a competitive 

product ‘‘not of general applicability’’ 

within the meaning of 39 U.S.C. 

3632(b)(3). This Request has been 

assigned Docket No. MC2009–15. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–21. 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A redacted version of the Governors’ 

Decision authorizing the new product 

which also includes an analysis of 

Express Mail Contract 3 and 

certification of the Governors’ vote; 2 (2) 

a redacted version of the contract 

which, among other things, provides 

that the contract will expire 1 year from 

the effective date, which is proposed to 

be the day the Commission issues all 

regulatory approvals; 3 (3) requested 

changes in the Mail Classification 

Schedule product list; 4 (4) a Statement 

of Supporting Justification as required 

by 39 CFR 3020.32; 5 and (5) 

certification of compliance with 39 

U.S.C. 3633(a).6

In the Statement of Supporting 

Justification, Kim Parks, Manager, Sales 

and Communications, Expedited 

Shipping, asserts that the service to be 

provided under the contract will cover 

its attributable costs, make a positive 

contribution to coverage of institutional 

costs, and will increase contribution 

toward the requisite 5.5 percent of the 

Postal Service’s total institutional costs. 

Request, Attachment D, at 1. W. Ashley 

Lyons, Manager, Corporate Financial 

Planning, Finance Department, certifies 

that the contract complies with 39 

U.S.C. 3633(a). See id. Attachment E. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted Governors’ Decision and the 

unredacted Express Mail Contract 3, 

under seal. In its Request, the Postal 

Service maintains that the contract and 

related financial information, including 

the customer’s name and the 

accompanying analyses that provide 

prices, terms, conditions, and financial 

projections, should remain confidential. 

Id. at 2–3. It further believes that it 

would be inappropriate in this case to 

redact information through the 

‘‘blackout’’ method since it could 

provide information or clues about the 

name of the customer, the length and 

breadth of price charts, the complexity 

of annual adjustment mechanisms, or 

other similar sensitive information. 

Accordingly, it redacts the sensitive 

information using ellipses. Id. at 3. 

In Order No. 165, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.7

II. Comments 

Comments were filed by the Public 

Representative.8 No filings were 

submitted by other interested parties. 

The Public Representative states that the 

Postal Service’s filing complies with 

applicable Commission rules of practice 

and procedure, and concludes that the 

Express Mail Contract 3 agreement 

comports with the requirements of title 

39. Public Representative Comments at 

4. He further states that the agreement 

appears beneficial to the general public. 

Id. at 1. He notes that the Postal Service 

redacted information using ellipses 

rather than by the ‘‘blackout’’ method 

because the blackout method might 

provide information or clues regarding 

the name of the customer, the length 

and breadth of the price charts, the 

complexity of annual adjustment 

mechanisms, or other similar sensitive 

information. He believes that in this 

case the increased care might be 

warranted, but suggests that the 

Commission address this issue in its 

forthcoming rules regarding treatment of 

confidential information in Docket No. 

RM2008–1. 

III. Commission Analysis 

The Commission has reviewed the 

Request, the contract, the financial 

analysis provided under seal that 

accompanies it, and the comments filed 

by the Public Representative. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning Express 

Mail Contract 3 to either the Market 

Dominant Product List or to the 

Competitive Product List. 39 U.S.C. 


dwashington3 on PROD1PC60 with RULES