Drawbridge Operation Regulations; Raritan River, Arthur Kill, and Their Tributaries, NJ, 12981-12983 [E7-5062]
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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations
ACTION:
Policy statement.
erjones on PRODPC74 with RULES
SUMMARY: The Office of Foreign Assets
Control of the U.S. Department of the
Treasury is issuing this notice to clarify
its policy with respect to the process for
issuing one-year licenses to export
agricultural commodities, medicine, and
medical devices to Sudan and Iran
pursuant to section 906 of the Trade
Sanctions Reform and Export
Enhancement Act of 2000, Title IX of
Public Law 106–387 (October 28, 2000).
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Compliance
Outreach & Implementation, tel.: 202/
622–2490, Assistant Director for
Licensing, tel.: 202/622–2480, Assistant
Director for Policy, tel.: 202/622–4855,
or Chief Counsel, tel.: 202/622–2410,
Office of Foreign Assets Control,
Department of the Treasury,
Washington, DC 20220.
Clarification of Policy With Respect to
the Process for Issuing One-Year
Licenses To Export Agricultural
Commodities, Medicine, and Medical
Devices to Sudan and Iran
The Trade Sanctions Reform and
Export Enhancement Act of 2000, Title
IX of Public Law 106–387 (October 28,
2000), as amended (‘‘TSRA’’), provides
that, with certain exceptions, the
President may not impose a unilateral
agricultural sanction or unilateral
medical sanction against a foreign
country or foreign entity unless, at least
60 days before imposing such a
sanction, the President submits a report
describing the proposed sanction and
the reasons for it and Congress enacts a
joint resolution approving the report.
Section 906 of TSRA, however, requires
that the export of agricultural
commodities, medicine, and medical
devices to Cuba, or to the government of
a country that has been determined by
the Secretary of State to have repeatedly
provided support for acts of
international terrorism, or to any entity
in such country, shall only be made
pursuant to one-year licenses issued by
the United States Government. Section
906 also requires that procedures shall
be in place to deny licenses for exports
to any entity within such country that
promotes international terrorism.
Effective July 26, 2001, the Office of
Foreign Assets Control (‘‘OFAC’’)
promulgated amendments to the
Sudanese Sanctions Regulations, 31
CFR part 538 (the ‘‘SSR’’), and the
Iranian Transactions Regulations, 31
CFR part 560 (the ‘‘ITR’’), to implement
section 906 of TSRA. See 66 FR 36683
(July 12, 2001) (the ‘‘rule’’). The
preamble to the rule described an
expedited process for the issuance of the
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15:24 Mar 19, 2007
Jkt 211001
one-year license required by section 906
for all exports and reexports of
agricultural commodities, medicine, and
medical devices to Sudan or Iran. The
expedited process included, when
appropriate, referral of the one-year
license request to other government
agencies for guidance in evaluating the
request. If no government agency raised
an objection to or concern with the
application within nine business days
from the date of any such referral, OFAC
would issue the one-year license,
provided that the request otherwise met
the requirements set forth in the rule.
Conversely, if any government agency
raised an objection to the request within
nine business days from the date of
referral, OFAC would deny the license
request. Finally, if any government
agency raised a concern short of an
objection with the request within nine
business days from the date of referral,
OFAC would delay its response to the
license request for no more than thirty
additional days to allow for further
review of the request.
OFAC instituted this expedited
licensing process described in the
preamble following the rule’s
publication in July 2001. However, the
terrorist attacks of September 11, 2001,
magnified concerns about international
terrorism and proliferation of weapons
of mass destruction. These concerns
prompted greater scrutiny on the part of
OFAC and other agencies of the U.S.
Government of those entities within
state sponsors of terrorism to whom
agricultural commodities, medicine, and
medical devices were being exported.
Moreover, the volume of license
requests has increased substantially
since the inception of the TSRA
program, and applications are now
much more complicated than earlier
ones, often involving dozens and
sometimes hundreds of products and
parties to the transaction. All of these
factors have contributed to longer OFAC
and interagency reviews of the
applications, and thus longer processing
times for the applications, than
suggested in the preamble to the rule.
This review is often further complicated
by the fact that these license requests
are evaluated both in terms of whether
the foreign entities involved in the
transaction ‘‘promote international
terrorism,’’ as required by section 906 of
TSRA, and in terms of whether the
products at issue implicate independent
export control regimes involving
chemical or biological weapons or
weapons of mass destruction, as
provided in section 904(2)(C) of TSRA.
Scrutiny of license applications on the
latter ground often results in requests
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12981
for additional information by the
reviewing agencies, which neither the
applicant nor OFAC can anticipate,
further delaying the review process.
Accordingly, today OFAC is issuing
this notice to clarify its policy with
respect to the licensing process for
TSRA exports. OFAC will continue to
conduct a review of all applications for
one-year licenses consistent with the
requirements of section 906 of TSRA,
which may include a referral to other
government agencies for guidance, and
will respond to such applications upon
completion of the review. Please be
aware that OFAC’s processing of oneyear license requests may take longer
than the time periods suggested at the
inception of the TSRA program. OFAC
will continue to respond to such
applications in as timely a manner as is
possible under the circumstances of
each individual license application,
consistent with OFAC’s obligations
under TSRA, the ITR, and the SSR.
Dated: February 9, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–4950 Filed 3–19–07; 8:45 am]
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–027]
Drawbridge Operation Regulations;
Raritan River, Arthur Kill, and Their
Tributaries, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the AK Railroad Bridge
across Arthur Kill at mile 11.6, between
Staten Island, New York and Elizabeth,
New Jersey. This 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 one-hour
closure periods 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 one hour closure periods
may be granted by the Coast Guard
within one to three hours of receipt of
the request. The purpose of this
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12982
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations
deviation is to test a 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: This deviation is effective from
April 9, 2007 through October 5, 2007.
Comments must be received by June 23,
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:
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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
(CGD01–07–027), 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 June 23, 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
The AK Railroad Bridge has a vertical
clearance of 31 feet at mean high water
and 35 feet at mean low water in the
closed position. The existing operating
regulation, listed at 33 CFR 117.747,
requires that all bridges across the
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Jkt 211001
Raritan River, Arthur Kill, and their
tributaries, shall open on signal; except
that, from 7:30 a.m. to 10 a.m. and 5
p.m. to 7:30 p.m., the draws may be
opened for the passage of vessels for
periods no longer than 10 minutes or
remain closed for the passage of land
traffic for no longer than 10 minutes.
The above regulation is no longer
applicable or necessary as it pertains to
the AK Railroad Bridge because the AK
Railroad Bridge has been maintained in
the open position for the past 20 years
due to the cessation of all railroad train
traffic over the bridge.
The owner of the bridge, New York
City Economic Development
Corporation (NYCEDC), began a bridge
rehabilitation program approximately 10
years ago, as part of the region’s Full
Freight Access Initiative.
Part of the Full Freight Initiative was
to once again move freight trains across
the bridge to and from the Staten Island
Landfill facility and the New York
Container Terminal (formerly the
Howland Hook Terminal). The New
York Container Terminal has already
been revitalized and is preparing to
receive railroad freight traffic once
again.
Recently, the AK Railroad Bridge
rehabilitation project was completed in
anticipation of renewed rail operations
requiring the passage of train traffic
across the bridge.
The existing vessel traffic transiting
Arthur Kill is comprised of deep draft
oceangoing tank vessels, tug assisted
barge traffic, other commercial vessels
of various sizes, as well as a variety of
recreational craft.
The deep draft oceangoing vessel
transits are tide dependent in that their
ability to maneuver safely requires such
vessels to do so primarily on or near
slack high tide, unlike barge and tug
traffic, which may transit at various
stages of the tide.
The bridge owner, NYCEDC,
requested that the Coast Guard
promulgate bridge operation regulations
commensurate with the needs of freight
rail operations. The resumption of rail
traffic across the AK Railroad Bridge
would require the bridge be closed to
navigation for short periods several
times a day.
The purpose of this temporary
deviation is to help determine a bridge
operating schedule that will
accommodate both Conrail’s proposed
train schedule as well as future rail
operations, while continuing to provide
for the present and anticipated needs of
navigation.
This deviation will test an alternate
drawbridge operation schedule designed
to help facilitate the safe coordination of
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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
considered during this temporary test
deviation.
After numerous meetings and
consultations with rail and marine
transportation interests, the Coast Guard
has concluded that the most equitable
and safe solution to facilitate the
presently known and anticipated marine
and railroad traffic scheduling needs is
to test a fixed daily drawbridge
operation schedule making allowances
for high water periods which are critical
to large vessel transits. In addition, due
to the variability of some freight rail
movements, accommodation of
unscheduled bridge closure requests
will be tested.
In anticipation of additional railroad
operations, the Coast Guard will
continue to evaluate the bridge
operating schedule in future
rulemakings, as necessary.
The schedule considered in this
notice would provide two daily onehour bridge closure periods on a fixed
schedule 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.
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 daily. The ability to obtain
unscheduled bridge closures will offer
some flexibility in rail operations.
This temporary deviation requires the
AK Railroad Bridge to remain in the
open position at all times except when
it is allowed to remain closed for the
passage of rail traffic for two one-hour
periods at 10 a.m. and 4 p.m., daily,
except when high tide occurs during or
within one hour after the scheduled
closed period. When high tide occurs
during the bridge closure period the
bridge closure will commence one hour
later, at 11 a.m.; when high tide occurs
within one hour after the scheduled
closure period the bridge closure will
commence one hour earlier, at 9 a.m. 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 one hour bridge
closure periods per day (maximum of
twelve per week), may be requested of
and may be approved by the Coast
Guard within one to three hours of the
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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations
request. The bridge will remain open for
a minimum of two hours 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, 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, and
remains 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.
Dated: March 12, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E7–5062 Filed 3–19–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
RIN 2900–AM60
Schedule for Rating Disabilities;
Appendices A, B, and C
Department of Veterans Affairs.
ACTION: Final rule.
AGENCY:
The Department of Veterans
Affairs (VA) is revising its Schedule for
Rating Disabilities, Appendices A, B,
and C to include all current diagnostic
codes. Appendix A is also amended to
include all the diagnostic code
historical information since the last
review.
SUMMARY:
Effective Date: This amendment
is effective April 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Trude Steele, Regulations Staff (211D),
Compensation and Pension Service,
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 273–7210.
SUPPLEMENTARY INFORMATION: The
Schedule for Rating Disabilities, 38 CFR
Part 4, Appendices A, B, and C have not
been updated since July 1, 1988. These
Appendices are tools for users of the
Schedule for Rating Disabilities. The
Appendices reflect changes to the
diagnostic criteria in the Schedule for
Rating Disabilities.
We have amended the Appendices to
add changes to the Schedule for Rating
Disabilities since the Appendices were
last updated. Additionally, we removed
language in Appendix A that showed
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15:24 Mar 19, 2007
Jkt 211001
Administrative Procedures Act
This final rule merely replaces
inaccurate examples and does not alter
the content of the regulations.
Accordingly, there is a basis for
dispensing with prior notice and
comment and the delayed effective date
provisions of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
38 CFR Part 4
DATES:
when a diagnostic code was updated to
correct spelling, revise text, or other
additional changes, which had no
impact on the disability code. Those
changes were incorporated within the
text when amended. All diagnostic
codes in Appendix A will now be
categorized by when they were added,
removed, whether the criterion was
amended, and whether the disability
evaluation was amended. We will
continue to include the date for
historical purposes. We revised
Appendices B and C to provide the
current diagnostic codes and disability
terminology. We will continue to update
the Appendices as the Schedule for
Rating Disabilities is revised.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
would not affect any small entities.
Only VA beneficiaries could be directly
affected. Therefore, pursuant to 5 U.S.C.
605(b), this final rule is exempt from the
initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
12983
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined and it has been determined
not to be a significant regulatory action
under Executive Order 12866.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
year. This final rule would have no such
effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for this final are 64.104, Pension for
Non-Service-Connected Disability for
Veterans and 64.109, Veterans
Compensation for Service-Connected
Disability.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
Approved: March 2, 2007
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set out in the
preamble, 38 CFR part 4 is amended as
set forth below:
I
PART 4—SCHEDULE FOR RATING
DISABILITIES
1. The authority citation for part 4
continues to read as follows:
I
Authority: 38 U.S.C. 1155, unless
otherwise noted.
2. Appendix A to Part 4 is revised to
read as follows:
I
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]]>Agencies
[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Rules and Regulations]
[Pages 12981-12983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5062]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-07-027]
Drawbridge Operation Regulations; Raritan River, Arthur Kill, and
Their Tributaries, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
AK Railroad Bridge across Arthur Kill at mile 11.6, between Staten
Island, New York and Elizabeth, New Jersey. This 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 one-hour closure periods 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 one hour closure periods may be granted by the Coast Guard
within one to three hours of receipt of the request. The purpose of
this
[[Page 12982]]
deviation is to test a 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: This deviation is effective from April 9, 2007 through October
5, 2007. Comments must be received by June 23, 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
(CGD01-07-027), 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 June
23, 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
The AK Railroad Bridge has a vertical clearance of 31 feet at mean
high water and 35 feet at mean low water in the closed position. The
existing operating regulation, listed at 33 CFR 117.747, requires that
all bridges across the Raritan River, Arthur Kill, and their
tributaries, shall open on signal; except that, from 7:30 a.m. to 10
a.m. and 5 p.m. to 7:30 p.m., the draws may be opened for the passage
of vessels for periods no longer than 10 minutes or remain closed for
the passage of land traffic for no longer than 10 minutes. The above
regulation is no longer applicable or necessary as it pertains to the
AK Railroad Bridge because the AK Railroad Bridge has been maintained
in the open position for the past 20 years due to the cessation of all
railroad train traffic over the bridge.
The owner of the bridge, New York City Economic Development
Corporation (NYCEDC), began a bridge rehabilitation program
approximately 10 years ago, as part of the region's Full Freight Access
Initiative.
Part of the Full Freight Initiative was to once again move freight
trains across the bridge to and from the Staten Island Landfill
facility and the New York Container Terminal (formerly the Howland Hook
Terminal). The New York Container Terminal has already been revitalized
and is preparing to receive railroad freight traffic once again.
Recently, the AK Railroad Bridge rehabilitation project was
completed in anticipation of renewed rail operations requiring the
passage of train traffic across the bridge.
The existing vessel traffic transiting Arthur Kill is comprised of
deep draft oceangoing tank vessels, tug assisted barge traffic, other
commercial vessels of various sizes, as well as a variety of
recreational craft.
The deep draft oceangoing vessel transits are tide dependent in
that their ability to maneuver safely requires such vessels to do so
primarily on or near slack high tide, unlike barge and tug traffic,
which may transit at various stages of the tide.
The bridge owner, NYCEDC, requested that the Coast Guard promulgate
bridge operation regulations commensurate with the needs of freight
rail operations. The resumption of rail traffic across the AK Railroad
Bridge would require the bridge be closed to navigation for short
periods several times a day.
The purpose of this temporary deviation is to help determine a
bridge operating schedule that will accommodate both Conrail's proposed
train schedule as well as future rail operations, while continuing to
provide for the present and anticipated needs of navigation.
This deviation will test an 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 considered during this temporary test deviation.
After numerous meetings and consultations with rail and marine
transportation interests, the Coast Guard has concluded that the most
equitable and safe solution to facilitate the presently known and
anticipated marine and railroad traffic scheduling needs is to test a
fixed daily drawbridge operation schedule making allowances for high
water periods which are critical to large vessel transits. In addition,
due to the variability of some freight rail movements, accommodation of
unscheduled bridge closure requests will be tested.
In anticipation of additional railroad operations, the Coast Guard
will continue to evaluate the bridge operating schedule in future
rulemakings, as necessary.
The schedule considered in this notice would provide two daily one-
hour bridge closure periods on a fixed schedule 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.
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 daily.
The ability to obtain unscheduled bridge closures will offer some
flexibility in rail operations.
This temporary deviation requires the AK Railroad Bridge to remain
in the open position at all times except when it is allowed to remain
closed for the passage of rail traffic for two one-hour periods at 10
a.m. and 4 p.m., daily, except when high tide occurs during or within
one hour after the scheduled closed period. When high tide occurs
during the bridge closure period the bridge closure will commence one
hour later, at 11 a.m.; when high tide occurs within one hour after the
scheduled closure period the bridge closure will commence one hour
earlier, at 9 a.m. 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 one hour bridge closure periods per day (maximum of
twelve per week), may be requested of and may be approved by the Coast
Guard within one to three hours of the
[[Page 12983]]
request. The bridge will remain open for a minimum of two hours 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, 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, and remains 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.
Dated: March 12, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E7-5062 Filed 3-19-07; 8:45 am]
BILLING CODE 4910-15-P
