Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29941 

words ‘‘first sentence’’, add the words 

‘‘of the introductory text’’. 

§ 2.97 [Corrected] 

■ 6. On page 28605, in the third column, 

in the last line, add the words ‘‘of this 

section’’ after ‘‘and (d)(3)’’. 

■ 7. On page 28606, in the first column, 

the paragraph designations ‘‘(2)(A)’’ and 

‘‘(B)’’ are corrected to read ‘‘(2)(i)’’ and 

‘‘(ii)’’, respectively. 

§ 2.208 [Corrected] 

■ 8. On page 28606, in the second 

column, the paragraph designations 

‘‘(A)’’ and ‘‘(B)’’ under paragraph (d)(1) 

are corrected to read ‘‘(i)’’ and ‘‘(ii)’’, 

respectively. 

Dated: June 19, 2009. 

Rockne Chickinell, 

General Counsel, U.S. Parole Commission. 

[FR Doc. E9–14977 Filed 6–23–09; 8:45 am] 

BILLING CODE 4410–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0202] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Raritan River, Arthur Kill and Their 

Tributaries, Staten Island, NY and 

Elizabeth, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is changing 

the drawbridge operating regulations 

governing the operation of the Arthur 

Kill (AK) Railroad Bridge at mile 11.6, 

across Arthur Kill and the New Jersey 

Transit (NJTRO) Railroad Bridge at mile 

0.5, across the Raritan River. This 

interim rule is intended to better meet 

the present needs of navigation and 

enhanced needs of rail traffic resulting 

from the resumption of rail traffic across 

the Arthur Kill (AK) Bridge. 

DATES: This interim rule is effective on 

June 24, 2009, and is applicable 

beginning June 13, 2009. Comments and 

related material must reach the Coast 

Guard on or before July 24, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2009–0202 using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) 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. 

(4) Hand Delivery: Same as 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 four 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 Mr. Gary Kassof, 

Project Officer, First Coast Guard 

District, (212) 668–7165, 

Gary.kassof@uscg.mil. If you have 

questions on viewing 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 material. 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–2009–0202), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. You may submit your 

comments and material online, 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 deliver, 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://ww.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0202’’ in the Docket ID box, press 

Enter, 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 this rule in view of 

them. 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0202 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID 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 20590–0001, 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. 

Privacy Act 

Anyone can search the electronic 

form of all 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. 

Regulatory Information 

The Coast Guard is issuing this 

interim rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

29942 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

substantive changes to the Drawbridge 

Operation Regulations implemented 

under this interim rule were previously 

tested successfully in a series of 

temporary deviations, with request for 

comment, issued by the Coast Guard. 

The most recent temporary deviation in 

effect from December 15, 2008 through 

June 12, 2009, will expire before a 

permanent rule change can be made 

utilizing the normal regulatory two step 

process of publishing a notice of 

proposed rulemaking with request for 

comment and a final rule. We are 

publishing this interim rule in order to 

make the successfully tested changes to 

the regulations effective the day after 

the existing temporary deviation expires 

on June 12, 2009. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds good cause exists, for the 

same reasons discussed above, for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

Background and Purpose 

The Arthur Kill (AK) Railroad Bridge 

at mile 11.6, across Arthur Kill, has a 

vertical clearance of 31 feet at mean 

high water, and 35 feet at mean low 

water in the closed position. The New 

Jersey Transit (NJTRO) Railroad Bridge 

at mile 0.5, across the Raritan River, has 

a vertical clearance of 8 feet at mean 

high water and 13 feet at mean low 

water in the closed position. 

The existing drawbridge operating 

regulations listed at 33 CFR 117.747, 

require the draws of all bridges across 

the Raritan River, Arthur Kill and their 

tributaries to open on signal at all times; 

except that, from 7:30 a.m. to 10 a.m. 

and from 5 p.m. to 7:30 p.m., the draws 

may be opened for the passage of vessels 

for periods no longer than ten minutes 

or remain closed for the passage of land 

traffic for no longer than ten minutes. 

The New Jersey Transit Railroad 

Bridge at mile 0.5, across the Raritan 

River and the Arthur Kill (AK) Railroad 

Bridge at mile 11.6, across Arthur Kill 

are the only drawbridges operating 

under this regulation at present. 

Rail traffic was suspended for many 

years on the rail line that crosses the 

Arthur Kill (AK) Bridge. During the time 

rail traffic was suspended across Arthur 

Kill the Arthur Kill (AK) Railroad 

Bridge was locked in the full open 

position. 

Several years ago the Arthur Kill (AK) 

Railroad Bridge was mechanically and 

structurally rehabilitated as part of New 

York City Economic Development 

Corporation’s Full Freight Access 

Initiative, and restored to good 

operating condition in 2007 enabling 

restoration of rail freight service across 

the Arthur Kill (AK) Railroad Bridge to 

the Staten Island Landfill facility and 

the New York Container Terminal, 

formerly known as the Howland Hook 

Terminal. Rail traffic began crossing the 

re-opened bridge in June of 2007. 

After a short period of time, it became 

apparent, that the existing drawbridge 

operation regulations, as written, would 

no longer effectively meet the present 

complex needs of navigation and the 

revitalized volume of rail traffic that 

would be crossing the Arthur Kill (AK) 

Railroad Bridge. 

The bridge owner, New York City 

Economic Development Corporation 

(NYCEDC), requested a change to the 

drawbridge operation regulations to 

help facilitate the resumption of rail 

traffic crossing the Arthur Kill (AK) 

Railroad Bridge. 

As a result of the above described 

transition in the needs of commerce, the 

Coast Guard conducted an evaluation, 

comprised of three temporary test 

deviations with public comment 

periods, to help determine the best 

drawbridge operation regulations to 

meet the present and future needs of 

marine and rail transportation. 

Each test deviation modified the 

previous test as a result of their 

observed effectiveness and comments 

received from the public. 

After evaluating the results of our 

third temporary deviation the Coast 

Guard concluded that the operating 

procedure tested in the third deviation 

was the most reasonable and effective 

drawbridge operation regulation which 

best addressed the present and future 

needs of navigation and rail traffic. 

Discussion of Proposed Rule 

The Coast Guard is changing the 

drawbridge operation regulations listed 

at 33 CFR 117.747, and also to adding 

a new section 33 CFR 117.702, 

separating the listing for the Raritan 

River and Arthur Kill into two separate 

sections in the Code of Federal 

Regulations (CFR), since the only two 

moveable bridges listed under 33 CFR 

117.747, the Arthur Kill (AK) Railroad 

Bridge at mile 11.6, across Arthur Kill 

and the New Jersey Transit (NJTRO) 

Railroad Bridge at mile 0.5, across the 

Raritan River are not located near each 

other geographically and are on 

different waterways. 

The New Jersey Transit (NJTRO) 

Railroad Bridge is the only drawbridge 

presently crossing the Raritan River. 

Under 33 CFR 117.747 Raritan River, 

we will retain the morning and 

afternoon rush hour closures in the 

revised regulation but will eliminate all 

the redundant and obsolete language, 

such as the reference that public vessels 

be passed as soon as possible, which is 

now listed under 33 CFR 117.31, in this 

part. The language stating that the 

owners of each bridge shall maintain 

tugs at each drawbridge will also be 

removed since it is obsolete language 

and no longer necessary by present 

standards or for any known reason. 

Under the new section, 33 CFR 

117.702 Arthur Kill, we are listing the 

drawbridge operation regulations for the 

Arthur Kill (AK) Railroad Bridge, which 

was the subject of the three temporary 

test deviations previously discussed. 

This interim rule for the Arthur Kill 

(AK) Railroad Bridge will require the 

Arthur Kill (AK) Railroad Bridge to 

remain in the open position at all times 

except during periods when it is closed 

for the passage of rail traffic. Conrail, 

the bridge operator, will maintain a 

dedicated telephone hot line at (973) 

690–2454 for coordination of 

anticipated bridge closures. 

Tide restrained deep draft vessels 

should call the hot line daily to advise 

of expected times of vessel transit 

through the bridge. The bridge may not 

close for the passage of trains during 

any high tide period once a deep draft 

tide restrained vessel notifies the bridge 

of its intent to transit through the 

bridge. High tide is considered by this 

rule to be from 2 hours before predicted 

high tide to a half hour after predicted 

high tide at The Battery, New York. 

The bridge operator will issue a 

manual broadcast notice to mariners for 

a minimum range of 15 miles on VHF– 

FM channel 13 and 16, of its intent to 

close the bridge for a period of up to 

thirty minutes. The broadcast will occur 

at 90 minutes prior and again at 75 

minutes prior to provide notice of a 

bridge closure. 

Beginning at 60 minutes prior to a 

bridge closure automated or manual 

broadcasts will be repeated at 15-minute 

intervals and at 10 and 5 minutes prior 

to the bridge closure. 

Two consecutive bridge closures are 

authorized each day to allow multiple 

train movements across the bridge. The 

closures will be fifteen minutes in 

duration and separated by a thirtyminute bridge open period. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29943 

Vessels will be required to plan their 

transits around the announced closure 

periods; however, a request for up to a 

30-minute delay in the bridge closures 

to allow navigation to meet tide or 

current requirements would be granted 

if requested within 30 minutes after the 

initial broadcast notice to close the 

bridge is given. Requests received after 

the initial 30 minutes will not be 

granted. 

In the event of bridge operational 

failure, the bridge operator must notify 

the Coast Guard Captain of the Port New 

York immediately and must dispatch a 

repair crew to the bridge 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 until the 

bridge has been restored to normal 

operations or the bridge must be raised 

and locked in the fully open position. 

Regulatory Analysis 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis 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. 

This interim rule is not a significant 

regulatory action. This conclusion is 

based upon the fact that vessel and rail 

traffic will both be able to transit over 

and through the Arthur Kill (AK) 

Railroad Bridge under a balanced and 

reasonable schedule. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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 

section 5 U.S.C. 605(b) that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

This conclusion is based on the fact 

that marine and rail traffic will both be 

able to transit over and through the 

Arthur Kill (AK) Railroad Bridge under 

a balanced and reasonable schedule. 

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), 

we want to assist small entities in 

understanding this interim rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule will affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact, Commander 

(dpb), First Coast Guard District, Bridge 

Branch, One South Street, New York, 

NY 10004. The telephone number is 

(212) 668–7165. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed 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 affect 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 

29944 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

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 M16475.1D, 

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 do 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 

paragraph (32)(e), of the Instruction, 

neither an environmental analysis 

checklist nor a categorical exclusion 

determination is required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard is amending 

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 section 33 CFR 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) at 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 33 CFR 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: May 28, 2009. 

Dale G. Gabel, 

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

First Coast Guard District. 

[FR Doc. E9–14755 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0439] 

Drawbridge Operation Regulations; 

Cheesequake Creek, South Amboy, NJ, 

Public Event 

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 Route 35 Bridge 

across Cheesequake Creek, mile 0.0, at 

South Amboy, New Jersey. This 

deviation is necessary to facilitate the 

Rolling Thunder Freedom Ride. The 

deviation allows the bridge to remain in 

the closed position for one hour during 

a public event to facilitate public safety. 

DATES: This deviation is effective from 

11:45 a.m. through 12:45 p.m. on 

September 20, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0439 and are available online by going 

to www.regulations.gov, selecting the