[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80298-80299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31070]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0864]


Drawbridge Operation Regulations; Raritan River, Arthur Kill, and 
Their Tributaries, New Jersey

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 short bridge 
closure periods after first broadcasting advance notice to the marine 
community. This change from the previous deviation will consider the 
needs of navigation and allow marine interests to adjust their 
schedules around the bridge closure periods.

DATES: This deviation is effective from 12:01 a.m. on December 15, 2008 
through June 12, 2009. Comments must be received by January 31, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0864 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.
    Part of the Full Freight Access Initiative was to restore rail 
freight service across the bridge to and from the Staten Island 
Landfill facility (SIL) and the New York Container Terminal (formerly 
the Howland Hook Terminal). The AK Railroad Bridge rehabilitation 
project was completed in 2007 in anticipation of renewed rail 
operations requiring the passage of train traffic across the bridge. 
Trash trains have been traveling to and from the SIL since June 2007 
and the revitalized New York Container Terminal has been receiving 
railroad freight traffic for the past year.
    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 had been maintained in the open position until last year due to 
the cessation of all railroad train traffic over the bridge.

Background and Purpose

    Beginning with a temporary deviation entitled ``Drawbridge 
Operation Regulations; Raritan River, Arthur Kill, and Their 
Tributaries, NJ'' published on March 20, 2007 in the Federal Register 
(72 FR 12981), the Coast Guard published a series of three temporary 
deviations to test a variety of bridge operation schedules culminating 
in the most recent test deviation published on June 3, 2008 (73 FR 
31610). The proposed and final temporary deviation will confirm the 
lessons learned from the previous tests, namely that shorter bridge 
closure periods complemented by close coordination between the

[[Page 80299]]

bridge operator and marine interests, and advance broadcast notice of 
intended bridge closures should satisfy the reasonable needs of 
navigation and allow freight rail operations to develop and grow.

Temporary Deviation To Be Established

    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 
AKRR. 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 and again at 75 minutes prior to a bridge closure the 
bridge owner or operator shall issue a manual broadcast notice to 
mariners (minimum range of 15 miles) on channel 13/16, VHF-FM of its 
intent to close the bridge for up to thirty minutes. Beginning at 60 
minutes prior to closure automated broadcasts must be repeated at 15 
minute intervals and at 10 and 5 minutes prior to closure. The Coast 
Guard shall be informed via call to VTS-NY at 718-354-4088. Each day 
two bridge closures, each fifteen minutes in duration, separated by a 
thirty minute bridge open period are authorized to allow multiple train 
movements across the bridge over a short time interval. 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 broadcast. Requests 
received after the initial 30 minutes will not be granted; therefore 
marine interests should plan their transits carefully. The bridge 
owner/operator shall repeat the manual bridge closure notice via marine 
radio at 75 minutes prior to the scheduled closure then via manual or 
automated broadcast 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 the 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: December 10, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-31070 Filed 12-30-08; 8:45 am]
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