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 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29945 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0439 in the docket ID box, 

pressing enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 Mr. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

212 668–7165, joe.m.arca@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 owner 

of the bridge, the New Jersey 

Department of Transportation, requested 

this temporary deviation to facilitate a 

public event, the Rolling Thunder 

Freedom Ride. The bridge must remain 

in the closed position for one hour 

while the riders pass over the bridge. 

The Route 35 Bridge, across the 

Cheesequake Creek at mile 0.3, at South 

Amboy, New Jersey, has a vertical 

clearance in the closed position of 25 

feet at mean high water and 30 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.709. 

Under this temporary deviation the 

Route 35 Bridge may remain in the 

closed position from 11:45 a.m. through 

12:45 p.m. on September 20, 2009. 

Vessels that can pass under the draw in 

the closed position may do so at all 

times. 

In accordance with 33 CFR 117.35(e), 

the bridge 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: June 3, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–14769 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–2008–1175] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Pamunkey River, West Point, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

the Eltham Bridge (SR33/30), at mile 

1.0, across Pamunkey River at West 

Point, Virginia. This final rule will 

allow the bridge to open on signal if at 

least four hours notice is given at all 

times while still providing for the 

reasonable needs of navigation, due to 

the anticipated infrequency of requests 

for vessel openings of the drawbridge. 

DATES: This rule is effective July 24, 

2009. 

ADDRESSES: Comments and materials 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–1175 and are 

available online by going to 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–1175 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 Sandra S. Elliott, Bridge 

Management Specialist, Fifth Coast 

Guard District, at (757) 398–6557, e-mail 

Sandra.S.Elliott@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operation, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulations; Pamunkey River, West 

Point, VA’’ in the Federal Register (74 

FR 10692). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

The Virginia Department of 

Transportation (VDOT) is responsible 

for the operation of the Eltham Bridge 

(SR33/30), at mile 1.0, across Pamunkey 

River at West Point, VA. VDOT 

requested that the Coast Guard consider 

a four hour advance notification for 

vessel openings due to the infrequency 

of requests for vessel openings of the 

drawbridge. 

The new Eltham bascule bridge has 

recently been completed and is located 

immediately adjacent and downstream 

from the former structure. The former 

bridge provided 10 feet of vertical 

clearance over the navigable channel. 

The new bridge provides an additional 

45 feet of vertical clearance over the 

navigable channel. The increase in 

vertical clearance has eliminated the 

need to open on demand for all existing 

commercial traffic and it is anticipated 

that there will be very few requests 

other than for scheduled monthly 

maintenance openings. 

The existing operating regulation is 

set out in 33 CFR § 117.1023, which 

requires the draw to open on signal, 

except that the bridge need not open for 

commercial crabbing and fishing vessels 

and recreational vessels on Mondays 

through Fridays, except Federal 

Holidays, from 7 a.m. to 9 a.m., 12 noon 

to 1 p.m. and 4 p.m. to 6 p.m., at all 

other times, the bridge will open for 

these vessels only on the hour, Monday 

through Friday, except Federal holidays; 

and Public vessels of the United States 

must pass at any time. 

Bridge opening data, supplied by 

VDOT, revealed a significant decrease in 

yearly openings. In the past three years 

from 2005 to 2007, the bridge opened 

for vessels 593, 415 and 187 times, 

respectively. Due to the anticipated 

infrequency of requests for vessel 

openings of the drawbridge, VDOT 

requested to change the current 

operating regulation by requiring the 

draw of the bridge to open on signal if 

at least four hours notice is given yearround. 

Discussion of Comments and Changes 

The Coast Guard did not receive any 

comments on the NPRM. Therefore, no 

changes were made to the final rule. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders.