[Federal Register: June 3, 2008 (Volume 73, Number 107)]
[Rules and Regulations]
[Page 31610-31611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn08-6]
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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.
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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]
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