[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24386]


[[Page Unknown]]

[Federal Register: October 3, 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: Final rule.

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SUMMARY: At the request of the Canadian National Railway Company, the 
Coast Guard is changing 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 will 
relieve the bridge owner of the burden of having a bridgetender in 
constant attendance and will provide for the reasonable needs of 
navigation. Additionally, this rule adjusts the hours of the Ferry 
Street bridge at mile 2.6 across the Black Rock Canal when the bridge 
is not required to have a bridgetender in attendance.

EFFECTIVE DATE: This rule becomes effective on November 2, 1994.

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

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal person involved in drafting this document is Mr. Fred 
H. Mieser, Project Manager.

Regulatory History

    On June 1, 1994, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbrige Operation Regulations; Black Rock Canal, 
NY, in the Federal Register (59 FR 28324 and 28325). On June 17, 1994, 
the commander, Ninth Coast Guard District published the proposed rule 
as a Public Notice (PN 09-03/94). Interested persons were given until 
August 1, 1994, and July 18, 1994, respectively, to submit comments. 
Two letters were received commenting on the proposal. A public hearing 
was not requested and one was not held.

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.

Discussion of Comments and Changes

    Two comments were received from the notice of proposed rulemaking 
requesting that the hours when the bridges are unattended be changed. 
The commenters requested the unattended periods for the bridges listed 
in the proposed rule, 11 p.m. to 7 a.m., be changed to conform with the 
period of time when the Black Rock Locks are unattended, between the 
hours of 12 midnight and 8 a.m., seven days a week. In addition, the 
regulations contained in 33 CFR 117.769 do not require the Ferry Street 
bridge across the Black Rock Canal to be manned from 11 p.m. to 7 a.m. 
The requested change of time is a reasonable request and will benefit 
marine traffic using the Black Rock Canal by bringing the time period 
for the bridges and locks in line when a vessel owner/operator is 
required to give an advance notice to transit the Canal. Therefore, 
section 117.769(a) of the proposed rule has been changed in the final 
rule by not requiring the bridges to be manned between the hours of 12 
midnight to 8 a.m.

Regulatory Evaluation

    This regulation 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 rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. The Coast Guard concludes this 
because the rule which is being changed allows for the removal of 
bridgetenders during a period of time when there is little or no 
significant navigation on a waterway. In addition this rule establishes 
a consistent period of time when an advance notice is required to have 
the bridges manned which is less confusing to the person requesting 
passage through the locks and draws of the bridges.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action 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).
    The time period addressed by this regulation is consistent with the 
time period when most traffic using the Black Rock Canal is already 
controlled by the operation of the Black Rock Locks and when there is 
little or no significant vessel traffic on the waterway. Therefore, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant impact on a substantial number of small entities.

Collection of Information

    This rule 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 action under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
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. A Categorical Exclusion Determination Statement has been 
prepared and placed in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Final Regulations

    For reasons set out in the preamble, the Coast Guard amends 33 CFR 
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 12 midnight and 8 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: September 19, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-24386 Filed 9-30-94; 8:45 am]
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