Drawbridge Operation Regulations; Raritan River, Arthur Kill and Their Tributaries, Staten Island, NY and Elizabeth, NJ, 49323-49325 [E9-23278]
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
(iii) For purposes of paragraph (a)(1)(i)
of this section, the term gross income, as
it relates to any income other than from
the sale of goods or services in a trade
or business, has the same meaning as
provided under section 61(a), and
includes the total of the amounts
received or accrued, to the extent
required to be shown on the return. In
the case of amounts received or accrued
that relate to the disposition of property,
and except as provided in paragraph
(a)(1)(ii) of this section, gross income
means the excess of the amount realized
from the disposition of the property
over the unrecovered cost or other basis
of the property. Consequently, except as
provided in paragraph (a)(1)(ii) of this
section, an understated amount of gross
income resulting from an overstatement
of unrecovered cost or other basis
constitutes an omission from gross
income for purposes of section
6501(e)(1)(A).
(iv) An amount shall not be
considered as omitted from gross
income if information sufficient to
apprise the Commissioner of the nature
and amount of the item is disclosed in
the return, including any schedule or
statement attached to the return.
(2) [Reserved]
(b) Effective/applicability date. The
rules of this section apply to taxable
years with respect to which the
applicable period for assessing tax did
not expire before September 24, 2009.
(c) Expiration date. The applicability
of this section expires on or before
September 24, 2012.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: September 23, 2009.
Michael Mundaca,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. E9–23426 Filed 9–24–09; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
CPrice-Sewell on DSKGBLS3C1PROD with RULES
[Docket No. USCG–2009–0202]
RIN 1625–AA09
Drawbridge Operation Regulations;
Raritan River, Arthur Kill and Their
Tributaries, Staten Island, NY and
Elizabeth, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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14:30 Sep 25, 2009
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SUMMARY: The Coast Guard changed the
drawbridge operating regulations
governing the operation of the Arthur
Kill (AK) Railroad Bridge at mile 11.6,
across Arthur Kill and the New Jersey
Transit (NJTRO) Railroad Bridge at mile
0.5, across the Raritan River. This final
rule is expected to better meet the
present needs of navigation and
enhanced needs of rail traffic resulting
from the resumption of rail traffic across
the Arthur Kill (AK) Bridge.
DATES: This rule is effective October 28,
2009.
ADDRESSES: Comments and related
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–
0202) and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0202 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ 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–
0001, 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. Gary Kassof, Project Officer,
First Coast Guard District, telephone
212–668–7165,e-mail
gary.kassof@uscg.mil. If you have any
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 24, 2009, we published an
interim rule entitled ‘‘Drawbridge
Operation Regulations’’; Raritan River,
Arthur Kill and their tributaries, Staten
Island and Elizabeth, New Jersey, in the
Federal Register (74 FR 29941). We
received no comments on the interim
rule. No public meeting was requested,
and none was held.
Background and Purpose
The Arthur Kill (AK) Railroad Bridge
at mile 11.6, across Arthur Kill, has a
vertical clearance of 31 feet at mean
high water, and 35 feet at mean low
water in the closed position. The New
Jersey Transit (NJTRO) Railroad Bridge
at mile 0.5, across the Raritan River, has
a vertical clearance of 8 feet at mean
high water and 13 feet at mean low
water in the closed position.
The previous drawbridge operating
regulations listed at 33 CFR 117.747,
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49323
required the draws of all bridges across
the Raritan River, Arthur Kill and their
tributaries to open on signal at all times;
except that, from 7:30 a.m. to 10 a.m.
and from 5 p.m. to 7:30 p.m., the draws
may be opened for the passage of vessels
for periods no longer than ten minutes
or remain closed for the passage of land
traffic for no longer than ten minutes.
The New Jersey Transit Railroad
Bridge at mile 0.5, across the Raritan
River and the Arthur Kill (AK) Railroad
Bridge at mile 11.6, across Arthur Kill
were the only drawbridges operating
under this regulation.
Rail traffic was suspended for many
years on the rail line that crosses the
Arthur Kill (AK) Bridge. During the time
rail traffic was suspended across Arthur
Kill the Arthur Kill (AK) Railroad
Bridge was locked in the full open
position.
Several years ago the Arthur Kill (AK)
Railroad Bridge was mechanically and
structurally rehabilitated as part of New
York City Economic Development
Corporation’s Full Freight Access
Initiative, and restored to good
operating condition in 2007 enabling
restoration of rail freight service across
the Arthur Kill (AK) Railroad Bridge to
the Staten Island Landfill facility and
the New York Container Terminal,
formerly known as the Howland Hook
Terminal. Rail traffic began crossing the
re-opened bridge in June of 2007.
After a short period of time, it became
apparent, that the then existing
drawbridge operation regulations,
would no longer effectively meet the
present complex needs of navigation
and the revitalized volume of rail traffic
that would be crossing the Arthur Kill
(AK) Railroad Bridge.
The bridge owner, New York City
Economic Development Corporation
(NYCEDC), requested a change to the
drawbridge operation regulations to
help facilitate the resumption of rail
traffic crossing the Arthur Kill (AK)
Railroad Bridge.
As a result of the above described
transition in the needs of commerce, the
Coast Guard conducted an evaluation,
comprised of three temporary test
deviations and an interim rule, with
public comment periods, to help
determine the best drawbridge operation
regulations to meet the present and
future needs of marine and rail
transportation.
Each test deviation modified the
previous test as a result of their
observed effectiveness and comments
received from the public.
After evaluating the results of our
third temporary deviation the Coast
Guard concluded that the operating
procedure tested in the third deviation
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49324
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
was the most reasonable and effective
drawbridge operation regulation which
best addressed the present and future
needs of navigation and rail traffic.
We then implemented an interim rule
with request for comment, in order to
allow the operating procedures tested by
our third deviation to become effective
the day after that third deviation ended.
Discussion of Comments and Changes
The Coast Guard received no
comment letters in response to the
interim rule. As a result, no changes
have been made to this final rule.
Regulatory Analysis
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3), of
that Order. The Office of Management
and Budget has not reviewed it under
that Order.
This conclusion is based on the fact
that this final rule is not a significant
regulatory action. This conclusion is
based upon the fact that vessel and rail
traffic will both be able to transit over
and through the Arthur Kill (AK)
Railroad Bridge under a balanced and
reasonable schedule.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b), that this rule will not
have a significant economic impact on
a substantial number of small entities.
This conclusion is based on the fact
that the commercial marine traffic and
rail traffic will both be able to transit
over and through the Arthur (AK)
Railroad Bridge under a balanced and
reasonable schedule.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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14:30 Sep 25, 2009
Jkt 217001
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
No small entities requested Coast
Guard assistance and none was given.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We 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 is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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.
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
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 does 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 figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 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 § 117.702 to read as
follows:
■
CPrice-Sewell on DSKGBLS3C1PROD with RULES
§ 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
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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) 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 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.
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49325
(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: September 8, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E9–23278 Filed 9–25–09; 8:45 am]
BILLING CODE 4910 P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0864]
Drawbridge Operation Regulation;
Cape Fear River and Northeast Cape
Fear River, Wilmington, NC
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander Fifth Coast
Guard District has issued a temporary
deviation from the regulations
governing the operation of the Cape Fear
River Memorial Bridge at mile 26.8 and
the Isabel S. Holmes Bridge at mile 1.0
across Northeast Cape Fear River at
Wilmington NC. The deviation is
necessary to accommodate a road race.
This deviation allows the bridges to
remain in the closed position to vessels.
DATES: This deviation is effective from
8 a.m. to 10 a.m. on October 4, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0864 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0864 in the ‘‘Keyword’’
box and then clicking ‘‘Search.’’ They
are 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,
E:\FR\FM\28SER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49323-49325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23278]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0202]
RIN 1625-AA09
Drawbridge Operation Regulations; Raritan River, Arthur Kill and
Their Tributaries, Staten Island, NY and Elizabeth, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard changed the drawbridge operating regulations
governing the operation of the Arthur Kill (AK) Railroad Bridge at mile
11.6, across Arthur Kill and the New Jersey Transit (NJTRO) Railroad
Bridge at mile 0.5, across the Raritan River. This final rule is
expected to better meet the present needs of navigation and enhanced
needs of rail traffic resulting from the resumption of rail traffic
across the Arthur Kill (AK) Bridge.
DATES: This rule is effective October 28, 2009.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket (USCG-2009-0202) and are available online by
going to https://www.regulations.gov, inserting USCG-2009-0202 in the
``Keyword'' box, and then clicking ``Search.'' 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, 20590-0001,
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. Gary Kassof, Project Officer, First Coast Guard
District, telephone 212-668-7165,e-mail gary.kassof@uscg.mil. If you
have any questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 24, 2009, we published an interim rule entitled
``Drawbridge Operation Regulations''; Raritan River, Arthur Kill and
their tributaries, Staten Island and Elizabeth, New Jersey, in the
Federal Register (74 FR 29941). We received no comments on the interim
rule. No public meeting was requested, and none was held.
Background and Purpose
The Arthur Kill (AK) Railroad Bridge at mile 11.6, across Arthur
Kill, has a vertical clearance of 31 feet at mean high water, and 35
feet at mean low water in the closed position. The New Jersey Transit
(NJTRO) Railroad Bridge at mile 0.5, across the Raritan River, has a
vertical clearance of 8 feet at mean high water and 13 feet at mean low
water in the closed position.
The previous drawbridge operating regulations listed at 33 CFR
117.747, required the draws of all bridges across the Raritan River,
Arthur Kill and their tributaries to open on signal at all times;
except that, from 7:30 a.m. to 10 a.m. and from 5 p.m. to 7:30 p.m.,
the draws may be opened for the passage of vessels for periods no
longer than ten minutes or remain closed for the passage of land
traffic for no longer than ten minutes.
The New Jersey Transit Railroad Bridge at mile 0.5, across the
Raritan River and the Arthur Kill (AK) Railroad Bridge at mile 11.6,
across Arthur Kill were the only drawbridges operating under this
regulation.
Rail traffic was suspended for many years on the rail line that
crosses the Arthur Kill (AK) Bridge. During the time rail traffic was
suspended across Arthur Kill the Arthur Kill (AK) Railroad Bridge was
locked in the full open position.
Several years ago the Arthur Kill (AK) Railroad Bridge was
mechanically and structurally rehabilitated as part of New York City
Economic Development Corporation's Full Freight Access Initiative, and
restored to good operating condition in 2007 enabling restoration of
rail freight service across the Arthur Kill (AK) Railroad Bridge to the
Staten Island Landfill facility and the New York Container Terminal,
formerly known as the Howland Hook Terminal. Rail traffic began
crossing the re-opened bridge in June of 2007.
After a short period of time, it became apparent, that the then
existing drawbridge operation regulations, would no longer effectively
meet the present complex needs of navigation and the revitalized volume
of rail traffic that would be crossing the Arthur Kill (AK) Railroad
Bridge.
The bridge owner, New York City Economic Development Corporation
(NYCEDC), requested a change to the drawbridge operation regulations to
help facilitate the resumption of rail traffic crossing the Arthur Kill
(AK) Railroad Bridge.
As a result of the above described transition in the needs of
commerce, the Coast Guard conducted an evaluation, comprised of three
temporary test deviations and an interim rule, with public comment
periods, to help determine the best drawbridge operation regulations to
meet the present and future needs of marine and rail transportation.
Each test deviation modified the previous test as a result of their
observed effectiveness and comments received from the public.
After evaluating the results of our third temporary deviation the
Coast Guard concluded that the operating procedure tested in the third
deviation
[[Page 49324]]
was the most reasonable and effective drawbridge operation regulation
which best addressed the present and future needs of navigation and
rail traffic.
We then implemented an interim rule with request for comment, in
order to allow the operating procedures tested by our third deviation
to become effective the day after that third deviation ended.
Discussion of Comments and Changes
The Coast Guard received no comment letters in response to the
interim rule. As a result, no changes have been made to this final
rule.
Regulatory Analysis
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This conclusion is based on the fact that this final rule is not a
significant regulatory action. This conclusion is based upon the fact
that vessel and rail traffic will both be able to transit over and
through the Arthur Kill (AK) Railroad Bridge under a balanced and
reasonable schedule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b), that this rule
will not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact that the commercial marine
traffic and rail traffic will both be able to transit over and through
the Arthur (AK) Railroad Bridge under a balanced and reasonable
schedule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
No small entities requested Coast Guard assistance and none was
given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have substantial direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We 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 is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are 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.
[[Page 49325]]
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 does 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 figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Add a new Sec. 117.702 to read as follows:
Sec. 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) 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.
0
3. Section 117.747 is revised to read as follows:
Sec. 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
Sec. 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: September 8, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-23278 Filed 9-25-09; 8:45 am]
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