[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Rules and Regulations]
[Pages 12981-12983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5062]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-027]


Drawbridge Operation Regulations; Raritan River, Arthur Kill, and 
Their Tributaries, 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 
temporary deviation from the regulation governing the operation of the 
AK Railroad Bridge across Arthur Kill at mile 11.6, between Staten 
Island, New York and Elizabeth, New Jersey. This temporary deviation 
requires the AK Railroad Bridge to remain in the open position at all 
times, except that the draw would close for the passage of trains for 
two daily one-hour closure periods on a fixed schedule with a one hour 
adjustment whenever high water occurs during or up to one hour after 
the applicable closure period. In addition, a number of unscheduled 
requests for one hour closure periods may be granted by the Coast Guard 
within one to three hours of receipt of the request. The purpose of 
this

[[Page 12982]]

deviation is to test a temporary change to the drawbridge operation 
schedule to help determine the most equitable and safe solution to 
facilitate the present and anticipated needs of navigation and rail 
traffic.

DATES: This deviation is effective from April 9, 2007 through October 
5, 2007. Comments must be received by June 23, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), First Coast Guard District Bridge Branch, One South Street, 
Battery Park Building, New York, New York, 10004, or deliver them to 
the same address between 7 a.m. and 3 p.m., Monday through Friday, 
except, Federal holidays. The telephone number is (212) 668-7165. The 
First Coast Guard District, Bridge Branch, maintains the public docket 
for this deviation. Comments and material received from the public, as 
well as documents indicated in this notice as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at the First Coast Guard District, Bridge Branch, 
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, Bridge Branch, at (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Request for comments

    We encourage you to participate in evaluating this test schedule by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this deviation 
(CGD01-07-027), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 8 \1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. Comments must be received by June 
23, 2007, prior to the end of the deviation period so that adjustments 
to the tested operating schedule may be made, if necessary.

Background and Purpose

    The AK Railroad Bridge has a vertical clearance of 31 feet at mean 
high water and 35 feet at mean low water in the closed position. The 
existing operating regulation, listed at 33 CFR 117.747, requires that 
all bridges across the Raritan River, Arthur Kill, and their 
tributaries, shall open on signal; except that, from 7:30 a.m. to 10 
a.m. and 5 p.m. to 7:30 p.m., the draws may be opened for the passage 
of vessels for periods no longer than 10 minutes or remain closed for 
the passage of land traffic for no longer than 10 minutes. The above 
regulation is no longer applicable or necessary as it pertains to the 
AK Railroad Bridge because the AK Railroad Bridge has been maintained 
in the open position for the past 20 years due to the cessation of all 
railroad train traffic over the bridge.
    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.
    Part of the Full Freight Initiative was to once again move freight 
trains across the bridge to and from the Staten Island Landfill 
facility and the New York Container Terminal (formerly the Howland Hook 
Terminal). The New York Container Terminal has already been revitalized 
and is preparing to receive railroad freight traffic once again.
    Recently, the AK Railroad Bridge rehabilitation project was 
completed in anticipation of renewed rail operations requiring the 
passage of train traffic across the bridge.
    The existing vessel traffic transiting Arthur Kill is comprised of 
deep draft oceangoing tank vessels, tug assisted barge traffic, other 
commercial vessels of various sizes, as well as a variety of 
recreational craft.
    The deep draft oceangoing vessel transits are tide dependent in 
that their ability to maneuver safely requires such vessels to do so 
primarily on or near slack high tide, unlike barge and tug traffic, 
which may transit at various stages of the tide.
    The bridge owner, NYCEDC, requested that the Coast Guard promulgate 
bridge operation regulations commensurate with the needs of freight 
rail operations. The resumption of rail traffic across the AK Railroad 
Bridge would require the bridge be closed to navigation for short 
periods several times a day.
    The purpose of this temporary deviation is to help determine a 
bridge operating schedule that will accommodate both Conrail's proposed 
train schedule as well as future rail operations, while continuing to 
provide for the present and anticipated needs of navigation.
    This deviation will test an alternate drawbridge operation schedule 
designed to help facilitate the safe coordination of vessel and rail 
traffic. A variety of factors, such as daily tide variations, the 
present and anticipated needs of navigation, and train scheduling, will 
be considered during this temporary test deviation.
    After numerous meetings and consultations with rail and marine 
transportation interests, the Coast Guard has concluded that the most 
equitable and safe solution to facilitate the presently known and 
anticipated marine and railroad traffic scheduling needs is to test a 
fixed daily drawbridge operation schedule making allowances for high 
water periods which are critical to large vessel transits. In addition, 
due to the variability of some freight rail movements, accommodation of 
unscheduled bridge closure requests will be tested.
    In anticipation of additional railroad operations, the Coast Guard 
will continue to evaluate the bridge operating schedule in future 
rulemakings, as necessary.
    The schedule considered in this notice would provide two daily one-
hour bridge closure periods on a fixed schedule with a one hour 
adjustment during certain high tides (as predicted at the Battery, New 
York). Also, unscheduled bridge closure requests may be granted by the 
Coast Guard within one to three hours of receipt of the request.
    Being able to predict bridge closure periods each day, in advance, 
would enable both rail and marine interests to schedule accordingly, 
obviating the need to adjust to different bridge closure times daily. 
The ability to obtain unscheduled bridge closures will offer some 
flexibility in rail operations.
    This temporary deviation requires the AK Railroad Bridge to remain 
in the open position at all times except when it is allowed to remain 
closed for the passage of rail traffic for two one-hour periods at 10 
a.m. and 4 p.m., daily, except when high tide occurs during or within 
one hour after the scheduled closed period. When high tide occurs 
during the bridge closure period the bridge closure will commence one 
hour later, at 11 a.m.; when high tide occurs within one hour after the 
scheduled closure period the bridge closure will commence one hour 
earlier, at 9 a.m. A schedule of bridge closure periods will be posted 
on the U.S. Coast Guard's Homeport Web site and published in the Local 
Notice to Mariners. In addition to the scheduled closure periods, up to 
two, unscheduled one hour bridge closure periods per day (maximum of 
twelve per week), may be requested of and may be approved by the Coast 
Guard within one to three hours of the

[[Page 12983]]

request. The bridge will remain open for a minimum of two hours between 
bridge closures for the passage of marine traffic. 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, and remains 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: March 12, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E7-5062 Filed 3-19-07; 8:45 am]
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