Drawbridge Operation Regulations; Cheesequake Creek, South Amboy, NJ, Public Event, 29944-29945 [E9-14769]
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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.
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(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:
■
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§ 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
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
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
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Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations
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.
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.
SUPPLEMENTARY INFORMATION:
Dated: June 3, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E9–14769 Filed 6–23–09; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
on the proposed rule. No public meeting
was requested, and none was held.
Coast Guard
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.
33 CFR Part 117
[Docket No. USCG–2008–1175]
RIN 1625–AA09
Drawbridge Operation Regulation;
Pamunkey River, West Point, VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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.
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.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Regulatory Information
BILLING CODE 4910–15–P
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
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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.
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[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29944-29945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14769]
-----------------------------------------------------------------------
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
[[Page 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
