[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31725-31726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2869]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-056]


Drawbridge Operation Regulations; Raritan River, Arthur Kill, and 
Their Tributaries, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice canceling temporary deviation from regulations; notice 
of temporary deviation from regulations; request for comments.

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SUMMARY: The Coast Guard is canceling the temporary deviation 
concerning the test operating schedule governing the AK Railroad Bridge 
across Arthur Kill at mile 11.6 between Staten Island, New York and 
Elizabeth, New Jersey. This deviation is canceled because the test 
schedule proved ineffective. In addition, the Commander, First Coast 
Guard District, has issued a new temporary deviation from the 
regulation governing the operation of the AK Railroad Bridge. This new 
temporary deviation requires the AK Railroad Bridge to remain in the 
open position at all times, except that, the draw would close for the 
passage of trains for two daily thirty minute closure periods within a 
designated one hour time frame on a fixed schedule with a one hour 
adjustment whenever high water occurs during or up to one hour after 
the applicable closure period. In addition, a number of unscheduled 
requests for thirty minute closure periods may be granted by the Coast 
Guard within one to three hours of receipt of the request. The purpose 
of this deviation is to test a new temporary change to the drawbridge 
operation schedule to help determine the most equitable and safe 
solution to facilitate the present and anticipated needs of navigation 
and rail traffic.

DATES: The temporary deviation published on March 20, 2007 in 72 FR 
12981 is cancelled as of midnight on June 8, 2007. The revised 
deviation is effective 12:01 a.m. on June 8, 2007 until November 23, 
2007. Comments must be received by October 15, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), First Coast Guard District Bridge Branch, One South Street, 
Battery Park Building, New York, New York, 10004, or deliver them to 
the same address between 7 a.m. and 3 p.m., Monday through Friday, 
except, Federal holidays. The telephone number is (212) 668-7165. The 
First Coast Guard District, Bridge Branch, maintains the public docket 
for this deviation. Comments and material received from the public, as 
well as documents indicated in this notice as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at the First Coast Guard District, Bridge Branch, 
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, Bridge Branch, at (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Request For Comments

    We encourage you to participate in evaluating this test schedule by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this deviation 
(CGD01-07-056), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. Comments must be received by 
October 15, 2007, prior to the end of the deviation period so that 
adjustments to the tested operating schedule may be made, if necessary.

Background and Purpose

    On March 20, 2007, we published a temporary deviation entitled 
``Drawbridge Operation Regulations; Raritan River, Arthur Kill, and 
Their Tributaries, NJ'' in the Federal Register (72 FR 12981). The 
temporary deviation concerned a test operating schedule for the bridge 
needed to help determine a bridge operating schedule that will 
accommodate present and anticipated rail operations while continuing to 
provide for the present and anticipated needs of navigation. Background 
about the AK Railroad Bridge and the bridge owner's rehabilitation 
efforts may be found at 72 FR 12981. This deviation from the operating 
regulations was authorized under 33 CFR 117.35.
    Beginning on April 9, 2007, the bridge operated in accordance with 
the test schedule approved by the Coast Guard in the above referenced 
notice. Actual rail operations, however, have been such that shifting 
the scheduled bridge closure times to occur between 9 a.m.

[[Page 31726]]

and 10 a.m. and 12 p.m. to 1 p.m. would more efficiently accommodate 
all rail and marine transportation needs.
    The purpose of this new temporary deviation is to help determine a 
bridge operating schedule that will accommodate both Conrail's proposed 
train schedule, future rail operations, and the present and anticipated 
needs of navigation.
    This deviation will test a new alternate drawbridge operation 
schedule designed to help facilitate the safe coordination of vessel 
and rail traffic. A variety of factors, such as daily tide variations, 
the present and anticipated needs of navigation, and train scheduling, 
will be evaluated during this temporary test deviation.
    The schedule considered in this notice would provide two daily 
thirty minute bridge closures within designated one hour periods with a 
one hour adjustment during certain high tides, as predicted at the 
Battery, New York. Also, unscheduled bridge closure requests may be 
granted by the Coast Guard within one to three hours of receipt of the 
request for bridge closure.
    Being able to predict bridge closure periods each day in advance 
would enable both rail and marine interests to schedule accordingly, 
obviating the need to adjust to different bridge closure times each 
day. The ability to obtain unscheduled bridge closures will offer 
flexibility in rail operations.
    This temporary deviation requires the AK Railroad Bridge to remain 
in the open position at all times except during periods when it is 
allowed to remain in the closed position for the passage of rail 
traffic for two thirty minute periods between 9 a.m. and 10 a.m., and 
12 p.m. and 1 p.m., daily. The only exception is when high tide occurs 
during or within one hour after the scheduled closed period. When high 
tide occurs during the bridge closure period the thirty minute bridge 
closure will occur between 10 a.m. and 11 a.m., and 1 p.m. and 2 p.m., 
i.e. one hour later; when high tide occurs within one hour after the 
scheduled closure period the thirty minute bridge closure will occur 
between 8 a.m. and 9 a.m., 11 a.m. and 12 p.m., i.e. one hour earlier. 
A schedule of bridge closure periods will be posted on the U.S. Coast 
Guard's Homeport Web site and published in the Local Notice to 
Mariners.
    In addition to the scheduled closure periods, up to two, 
unscheduled thirty minute bridge closure periods per day, maximum of 
twelve per week, may be requested and may be approved by the Coast 
Guard within one to three hours of the request. The bridge will remain 
open for a minimum of one hour between bridge closures for the passage 
of marine traffic. In the event of bridge operational failure, the 
bridge owner or operator shall notify the Coast Guard Captain of the 
Port of New York immediately and shall ensure that a repair crew is on 
scene at the bridge no later than 45 minutes after the bridge fails to 
operate and that the repair crew shall remain at the bridge until the 
bridge has been restored to normal operations or raised and locked in 
the fully open position.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35.

Cancellation

    The deviation published in the Federal Register on March 20, 2007, 
(72 FR 12981) is being canceled because actual rail operations observed 
during the test deviation have been such that shifting the scheduled 
bridge closure times would more efficiently accommodate all 
transportation needs.

    Dated: June 1, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 07-2869 Filed 6-6-07; 9:09 am]
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