Drawbridge Operation Regulation; Arthur Kill, Staten Island, NY and Elizabeth, NJ, 31610-31611 [E8-12396]

Download as PDF 31610 Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Rules and Regulations 104–4, March 22, 1995, 109 Stat. 48). This rule does not impose any requirements on State, local, or tribal governments, or the private sector and, thus, will not require those entities to expend any funds. Executive Order 13132 (Federalism) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and the FHWA and the FTA have determined that this action does not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA and the FTA have also determined that this action does not preempt any State law or State regulation or affect the States’ ability to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to these programs. minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) Under Executive Order 13045, Protection of Children from Environmental Health and Safety Risks, this final rule is not economically significant and does not involve an environmental risk to health and safety that may disproportionally affect children. Executive Order 12630 (Taking of Private Property) This final rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Executive Order 13211 (Energy Effects) This action does not create any new information collection requirements for which a Paperwork Reduction Act submission to the Office of Management and Budget would be needed under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. This final rule has been analyzed under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The FHWA and FTA 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 this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. National Environmental Policy Act Regulation Identification Number Paperwork Reduction Act The FHWA and the FTA have analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347) and have determined that this action will not have any effect on the quality of the environment. Executive Order 13175 (Tribal Consultation) ebenthall on PRODPC60 with RULES The FHWA and FTA have analyzed this action under Executive Order 13175, dated November 6, 2000, and concluded that this rule will not have substantial direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian tribal government; and will not preempt tribal law. There are no requirements set forth in this rule that directly affect one or more Indian tribes. Therefore, a tribal summary impact statement is not required. Executive Order 12988 (Civil Justice Reform) This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to VerDate Aug<31>2005 14:50 Jun 02, 2008 Jkt 214001 A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RINs contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 774 Environmental protection, Grant programs—transportation, Highways and roads, Historic preservation, Public lands, Recreation areas, Reporting and recordkeeping requirements. Issued on: May 27, 2008. James D. Ray, Acting Federal Highway Administrator. James S. Simpson, FTA Administrator. In consideration of the foregoing, 23 CFR part 774 is amended as set forth below. I PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Federal Highway Administration Title 23—Highways PART 774—PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL REFUGES, AND HISTORIC SITES (SECTION 4(F)) 1. The authority citation for part 774 continues to read as follows: I Authority: 23 U.S.C. 103(c), 109(h), 138, 325, 326, 327 and 204(h)(2); 49 U.S.C. 303; Section 6009 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1144); 49 CFR 1.48 and 1.51. 2. Amend § 774.3 by revising paragraph (c) introductory text to read as follows: I § 774.3 Section 4(f) approvals. * * * * * (c) If the analysis in paragraph (a)(1) of this section concludes that there is no feasible and prudent avoidance alternative, then the Administration may approve, from among the remaining alternatives that use Section 4(f) property, only the alternative that: * * * * * [FR Doc. E8–12360 Filed 6–2–08; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0337] Drawbridge Operation Regulation; Arthur Kill, Staten Island, NY and Elizabeth, 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 new temporary deviation from the regulation governing the operation of the Arthur Kill (AK) Railroad Bridge across Arthur Kill at mile 11.6 between Staten Island, New York and Elizabeth, New Jersey. This deviation is necessary to test a new operating rule for the bridge that will help determine the most equitable and safe solution to facilitate the present and anticipated needs of navigation and rail traffic. This deviation requires the AK Railroad Bridge to remain in the open position but allows the bridge owner/ operator to schedule bridge closure periods after consultation with the marine community. E:\FR\FM\03JNR1.SGM 03JNR1 Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Rules and Regulations This deviation is effective from 12:01 a.m. on June 1, 2008 through November 21, 2008. Comments must be received by September 19, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0337 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 First Coast Guard District, Battery Park Building, One South Street, New York, NY 10004 between 8:30 a.m. and 4:30 p.m., Monday through Friday except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Branch, (212) 668– 7165. SUPPLEMENTARY INFORMATION: The Arthur Kill Railroad Bridge (AK RR) has a vertical clearance of 31 feet at mean high water and 35 feet at mean low water in the closed position. 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. Background about the AK RR and the bridge owner’s rehabilitation efforts may be found at 72 FR 12981 (Mar. 20, 2007). The operating rule for this bridge found at 33 CFR 117.747 is no longer applicable or necessary as it pertains to the AK RR because the AK RR has been maintained in the open position for the past 20 years due to the cessation of all railroad train traffic over the bridge. ebenthall on PRODPC60 with RULES DATES: Initial Test Deviation 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 would accommodate present and anticipated rail operations while continuing to provide for the present and anticipated needs of navigation. This deviation from the operating regulations was authorized under 33 CFR 117.35. Revised Deviation On June 8, 2007 we published a cancellation of the test deviation which VerDate Aug<31>2005 14:50 Jun 02, 2008 Jkt 214001 had begun on April 9, 2007, and published a revised test schedule that was anticipated to better reflect actual rail and marine needs (72 FR 31725). The length of bridge closure periods has consistently been well under 30 minutes thereby minimizing the impact upon the marine community. Deviation in Place Since November 2007 Since November 24, 2007, the bridge has operated under a further revised operating schedule which authorized four daily (Monday through Friday) unscheduled bridge closures. This schedule relied exclusively upon coordination of all bridge closures by the Coast Guard (Vessel Traffic Service—New York). This is no longer a function or service that the Coast Guard can sustain. Temporary Deviation To Be Established Therefore, a new bridge operation schedule expected to provide bridge closure opportunities that will meet present and future rail operations while satisfying the needs of navigation will be tested. This new schedule relies upon advance notification of bridge closure periods by the bridge owner or operator and coordination and communication among the various port partners. Approximately 21 deep draft vessels, 16 coastal tankers, 240 tugs and 200 barges transit the AK RR weekly. Since the bridge remains in the open position except for the passage of trains most vessel passages are through an open lift span. The bridge closes approximately twenty five to thirty times weekly for the passage of trains. Coordination with port partners including pilots, tug and barge operators has been ongoing since the commencement of bridge rehabilitation and continues presently. 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 daily, unscheduled, bridge closures up to thirty minutes in duration. This temporary deviation requires the AK RR 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, has established a dedicated hot line at 973– 690–2454 for coordination of anticipated bridge closures. Tide restrained, deep draft vessels shall call the hot line daily to advise of expected times of vessel transit through the AK RR. The bridge may not close for the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 31611 passage of trains during any high tide period (2 hours before until 1⁄2 hour after predicted high tide at The Battery, New York) if deep draft, tide restrained vessels have advised Conrail of their intent to transit under the bridge. At least 90 minutes prior to a bridge closure the bridge owner or operator shall broadcast notice (minimum range of 15 miles) on channel 13/16, VHF–FM of its intent to close the bridge for up to thirty minutes. The Coast Guard shall be informed via call to VTS–NY at 718– 354–4088. Each day one bridge closure of up to 45 minutes in duration is authorized to allow multiple train movements across the bridge. Vessels shall plan their transits around the announced closure period(s); however a request for up to a 30 minute delay in the bridge closure to allow navigation to meet tide or current requirements shall be granted if requested within 30 minutes after the initial bridge closure broadcast is made. Requests to delay the bridge closure received after the initial 30 minutes may be granted by the bridge operator. The bridge owner/operator shall repeat the bridge closure notice via marine radio at 15 minute intervals until 15 minutes prior to the intended closure at which time notice of bridge closure will be broadcast every five minutes and once again as bridge begins to close and appropriate sound signal given. 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 to operate and that 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. Dated: May 21, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–12396 Filed 6–2–08; 8:45 am] BILLING CODE 4910–15–P E:\FR\FM\03JNR1.SGM 03JNR1

Agencies

[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Rules and Regulations]
[Pages 31610-31611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12396]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0337]


Drawbridge Operation Regulation; Arthur Kill, Staten Island, NY 
and Elizabeth, 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 new 
temporary deviation from the regulation governing the operation of the 
Arthur Kill (AK) Railroad Bridge across Arthur Kill at mile 11.6 
between Staten Island, New York and Elizabeth, New Jersey. This 
deviation is necessary to test a new operating rule for the bridge that 
will help determine the most equitable and safe solution to facilitate 
the present and anticipated needs of navigation and rail traffic. This 
deviation requires the AK Railroad Bridge to remain in the open 
position but allows the bridge owner/operator to schedule bridge 
closure periods after consultation with the marine community.

[[Page 31611]]


DATES: This deviation is effective from 12:01 a.m. on June 1, 2008 
through November 21, 2008. Comments must be received by September 19, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0337 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 First Coast Guard District, Battery Park Building, One South 
Street, New York, NY 10004 between 8:30 a.m. and 4:30 p.m., Monday 
through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Branch, (212) 
668-7165.

SUPPLEMENTARY INFORMATION: The Arthur Kill Railroad Bridge (AK RR) has 
a vertical clearance of 31 feet at mean high water and 35 feet at mean 
low water in the closed position. 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. Background about the AK RR and 
the bridge owner's rehabilitation efforts may be found at 72 FR 12981 
(Mar. 20, 2007). The operating rule for this bridge found at 33 CFR 
117.747 is no longer applicable or necessary as it pertains to the AK 
RR because the AK RR has been maintained in the open position for the 
past 20 years due to the cessation of all railroad train traffic over 
the bridge.

Initial Test Deviation

    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 would 
accommodate present and anticipated rail operations while continuing to 
provide for the present and anticipated needs of navigation. This 
deviation from the operating regulations was authorized under 33 CFR 
117.35.

Revised Deviation

    On June 8, 2007 we published a cancellation of the test deviation 
which had begun on April 9, 2007, and published a revised test schedule 
that was anticipated to better reflect actual rail and marine needs (72 
FR 31725). The length of bridge closure periods has consistently been 
well under 30 minutes thereby minimizing the impact upon the marine 
community.

Deviation in Place Since November 2007

    Since November 24, 2007, the bridge has operated under a further 
revised operating schedule which authorized four daily (Monday through 
Friday) unscheduled bridge closures. This schedule relied exclusively 
upon coordination of all bridge closures by the Coast Guard (Vessel 
Traffic Service--New York). This is no longer a function or service 
that the Coast Guard can sustain.

Temporary Deviation To Be Established

    Therefore, a new bridge operation schedule expected to provide 
bridge closure opportunities that will meet present and future rail 
operations while satisfying the needs of navigation will be tested. 
This new schedule relies upon advance notification of bridge closure 
periods by the bridge owner or operator and coordination and 
communication among the various port partners.
    Approximately 21 deep draft vessels, 16 coastal tankers, 240 tugs 
and 200 barges transit the AK RR weekly. Since the bridge remains in 
the open position except for the passage of trains most vessel passages 
are through an open lift span. The bridge closes approximately twenty 
five to thirty times weekly for the passage of trains. Coordination 
with port partners including pilots, tug and barge operators has been 
ongoing since the commencement of bridge rehabilitation and continues 
presently. 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 daily, 
unscheduled, bridge closures up to thirty minutes in duration.
    This temporary deviation requires the AK RR 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, has established 
a dedicated hot line at 973-690-2454 for coordination of anticipated 
bridge closures. Tide restrained, deep draft vessels shall call the hot 
line daily to advise of expected times of vessel transit through the AK 
RR. The bridge may not close for the passage of trains during any high 
tide period (2 hours before until \1/2\ hour after predicted high tide 
at The Battery, New York) if deep draft, tide restrained vessels have 
advised Conrail of their intent to transit under the bridge. At least 
90 minutes prior to a bridge closure the bridge owner or operator shall 
broadcast notice (minimum range of 15 miles) on channel 13/16, VHF-FM 
of its intent to close the bridge for up to thirty minutes. The Coast 
Guard shall be informed via call to VTS-NY at 718-354-4088. Each day 
one bridge closure of up to 45 minutes in duration is authorized to 
allow multiple train movements across the bridge. Vessels shall plan 
their transits around the announced closure period(s); however a 
request for up to a 30 minute delay in the bridge closure to allow 
navigation to meet tide or current requirements shall be granted if 
requested within 30 minutes after the initial bridge closure broadcast 
is made. Requests to delay the bridge closure received after the 
initial 30 minutes may be granted by the bridge operator. The bridge 
owner/operator shall repeat the bridge closure notice via marine radio 
at 15 minute intervals until 15 minutes prior to the intended closure 
at which time notice of bridge closure will be broadcast every five 
minutes and once again as bridge begins to close and appropriate sound 
signal given. 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 to operate and 
that 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.

    Dated: May 21, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-12396 Filed 6-2-08; 8:45 am]
BILLING CODE 4910-15-P