[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Rules and Regulations]
[Pages 31610-31611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12396]


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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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