[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13089]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-94-008]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Black Rock Canal, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Canadian National Railway Company, the 
Coast Guard is considering a change to the operating regulations 
governing the Canadian National railroad bridge at mile 3.8 across the 
Black Rock Canal in Buffalo, New York, by not requiring bridgetenders 
to be in constant attendance at the bridge during periods of time when 
there is little or no significant navigation on the Canal. This action 
should relieve the bridge owner of the burden of having a bridgetender 
in constant attendance and should still provide for the reasonable 
needs of navigation.

DATES: Comments must be received on or before August 1, 1994.

ADDRESSES: Comments may be mailed to Commander (obr), Ninth Coast Guard 
District, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, or may be 
delivered to room 2083D at the above address between 6:30 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (216) 522-3993.
    The Commander Ninth Coast Guard District maintains the public 
docket for this rulemaking. Comments will become part of the docket and 
will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert W. Bloom, Jr., Chief, Bridge Branch at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD09-94-008) and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. This proposal may be changed in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Robert W. Bloom, Jr. at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Fred H. Mieser, Project Manager, and Commander J.M. Collin, Project 
Counsel, Ninth Coast Guard District.

Background and Purpose

    Presently, the Canadian National railroad bridge is required to 
have bridgetenders in constant attendance at all times. The owner 
requested that they be allowed to remove bridgetenders from the bridge 
between the hours of 11 p.m. and 7 a.m., seven days a week, from April 
15 through November 30, with a requirement to open the bridge on signal 
when notice is given at least two hours in advance of a vessel's time 
of intended passage through the draw. From December 1 through April 14 
the bridge would be unattended at all times with a requirement to open 
the bridge on signal if notice is given at least four hours in advance 
of a vessel's time of intended passage through the draw. At all times, 
the bridge will be required to open as soon as possible for the passage 
of public vessels of the United States, State or local government 
vessels used for public safety, and vessels in distress. The removal of 
bridgetenders is being proposed because there is little or no 
significant navigation on the Canal during these times.

Discussion of Proposed Amendment

    Bridgetender logs furnished by the Canadian National Railway 
Company showed that in 1992, between the hours of 11 p.m. and 7 a.m., 
there were 38 requests for bridge openings, with the highest number of 
12 openings occurring in September. For the same period of time in 
1993, there were 38 requests for bridge openings, with the highest 
number of 8 openings occurring in May. During the winter navigation 
season, December 1 through April 14, there was one request for a bridge 
opening for both 1992 and 1993. The periods of time and the number of 
hours required for giving an advance notice to have the bridge opened 
when there is no bridgetender in attendance at the bridge, are 
identical to regulations currently in effect for the Ferry Street 
Bridge over the Black Rock Canal.
    In addition, the name of the Ferry Street bridge and the words New 
York will be eliminated from the section heading in 33 CFR 117.769, 
which reads, Ferry Street, Black Rock Canal, New York. The new section 
heading is being changed to conform with the structure and nomenclature 
of 33 CFR 117, Subpart B, and will read Sec. 117.769 Black Rock Canal 
under the listing for the State of New York. The list of vessels to be 
passed as soon as possible specified in paragraph (b) of 117.769 will 
be removed. This requirement for these vessels is covered under 
Sec. 117.31 (b)(1), (2), (3), and (4).

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)3 of that order. It has 
been exempted from review by the Office of Management and Budget under 
that order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. We conclude this because the periods of time specified by 
these regulations when the bridge would be unattended are periods when 
there are few requests to have the bridge opened for the passage of a 
vessel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632).
    Since the proposed rule allows the owner of the Canadian National 
Railway Bridge to remove bridgetenders from the bridge during times 
when there is little or no significant vessel traffic on the Black Rock 
Canal, and because those vessels that would transit the Canal during 
these times can do so by giving notice in advance of their time of 
intended passage through the draw, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, will not have significant 
impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.g.5 of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATING REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows.

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.769 is revised to read as follows:


Sec. 117.769  Black Rock Canal.

    The draws of the Ferry Street bridge, mile 2.6 and Canadian 
National Railway bridge, mile 3.8, both at Buffalo, shall operate as 
follows:
    (a) From April 15 through November 30, the draws shall open on 
signal. However, between the hours of 11 p.m. and 7 a.m., seven days a 
week, no bridgetender is required to be in attendance at the bridges 
and the draws shall open on signal if notice is given to the owners at 
least two hours in advance of a vessel's intended time of passage 
through the draws.
    (b) From December 1 through April 14, no bridgetender is required 
to be in attendance at the bridges and the draws shall open on signal 
if notice is given to the owners at least four hours in advance of a 
vessel's time of intended passage through the draws.

    Dated: May 17, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-13089 Filed 5-31-94; 8:45 am]
BILLING CODE 4910-14-M