Drawbridge Operation Regulations; Cheesequake Creek, South Amboy, NJ, Public Event, 29944-29945 [E9-14769]

Download as PDF 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. VerDate Nov<24>2008 15:46 Jun 23, 2009 Jkt 217001 (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: ■ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 § 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 E:\FR\FM\24JNR1.SGM 24JNR1 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 VerDate Nov<24>2008 15:46 Jun 23, 2009 Jkt 217001 29945 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[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]


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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.

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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