[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Proposed Rules]
[Pages 54823-54825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26523]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-95-022]
RIN-2115-AE47


Drawbridge Operation Regulations; Buffalo River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the operating 
regulations governing the Michigan Avenue bridge, mile 1.3, Ohio Street 
bridge, mile 2.1 South Park Avenue bridge, mile 5.3, and the Conrail 
railroad bridges at miles 4.02 and 4.39 across the Buffalo River, all 
at Buffalo, NY. The proposed rule would not require drawtenders to be 
in constant attendance at their bridges during periods of time when 
there is little or no significant navigation on the river. 
Additionally, the City of Buffalo would be allowed to use a roving 
drawtender to operate the Ohio Street and Michigan Avenue bridges. This 
action would relieve the bridge owners of the burden of having 
drawtenders in constant attendance at their bridges and should still 
provide for the reasonable needs of navigation.

DATES: Comments must be received on or before December 26, 1995.

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 (CGD09-95-022) and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. 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. It may change this proposal 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 

[[Page 54824]]
place announced by a later notice in the Federal Register.

    Drafting Information: The principal persons involved in drafting 
this document are Mr. Bob Bloom, Project Manager, Bridge Branch, and 
Lieutenant C. Dahill, Project Counsel, Ninth Coast Guard District.

Background and Purpose

    Presently, the City of Buffalo bridges are required to open on 
signal. However, the Michigan Avenue and Ohio Street bridges need not 
open for the passage of vessels from 7:30 a.m. to 9 a.m. and from 4 
p.m. to 5:45 p.m., Monday through Saturday; and South Park Avenue 
bridge need not open for the passage of vessels from 7 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday. On Sundays, 
and on New Years's Day, Memorial Day, Fourth of July, Labor Day, 
Thanksgiving Day and Christmas Day or days observed in lieu of any of 
these under State law, the closed periods are not in effect.
    The Conrail railroad bridges are required to open on signal between 
the Hours of 7 a.m. and 11 p.m., and between the hours of 11 p.m. and 7 
a.m. if notice is received at least four hours in advance of a vessel's 
time of intended passage through the draws.
    As allowed by 33 CFR 117.45, during the winter months, 26 December 
through 20 March, bridges on the Buffalo River have not been required 
to have a drawtender in constant attendance and have been required to 
open on signal only if notice was received at least four hours in 
advance of a vessel's time of intended passage through the draws.
    The City of Buffalo requested that they not be required to keep a 
drawtender in constant attendance at the Ohio Street bridge and that 
the drawtender from the Michigan Avenue bridge be used as a roving 
drawtender to open the Ohio Street bridge for the passage of vessels. 
Additionally, the City requested that the year round operation of South 
Park Avenue bridge be changed by not requiring the drawtender to be in 
attendance at the bridge unless a four hour advance notice has been 
provided.
    The two Conrail railroad bridges over Buffalo River at miles 4.02 
and 4.39, respectively, would be required to open on signal only when 
notice is received at least four hours in advance of a vessel's time of 
intended passage through the draws all year long.

Discussion of Proposed Amendment

    Bridgetender logs furnished by the City of Buffalo and Conrail 
showed that vessel traffic through South Park Avenue bridge and the two 
Conrail bridges is greatly reduced, especially during the winter 
months. Conrail also noted that the marine interests expected to 
navigate above the Conrail bridges expressed no objection to a four 
hour advance notice requirement.
    The proposal would not require the City to keep a drawtender at the 
Ohio Street bridge. That bridge would be operated by having the 
drawtender from the Michigan Avenue bridge respond to a vessel 
signaling for the Ohio Street bridge to open by driving a vehicle to 
the bridge and opening it for the passage of the vessel. The City 
reports that the average travel time to drive between the bridges and 
start the opening procedure is approximately 20 minutes. Additionally, 
the roving drawtender will be equipped with a marine radiotelephone at 
all times while enroute between the bridges to maintain communications 
with inbound and outbound vessels.
    The periods of time during the morning and evening vehicle rush 
hours when the City's drawbridges need not open for the passage of 
vessels will not be changed. The proposed winter operating schedule 
will not require drawtenders to be at the Michigan Avenue and Ohio 
Street bridges at all times from December 16 through March 21. The 
bridges would be required to open on signal only after receiving notice 
at least four hours in advance of a vessels time of intended passage 
through the draws.

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. Also, the addition of a marine radiotelephone will enable the 
roving drawtender to keep in communications with a transiting vessel 
which will allow the vessel to begin approaching the draw in a more 
timely manner.
    All marine interests in the area have agreed to the change during 
preliminary discussions.

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 owners of the highway and 
railroad bridges to remove bridgetenders from the bridge during times 
when there is little or no significant vessel traffic on the Buffalo 
River, and because those vessels that would transit the River 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 a 
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:

[[Page 54825]]


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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.773 is revised to read as follows:


Sec. 117.773  Buffalo River.

    (a) The draw of the Michigan Avenue bridge, mile 1.3, at Buffalo, 
shall operate as follows:
    (1) From March 22 through December 15, the draw shall open within 
20 minutes of signal. However, the draw need not open from 7:30 a.m. to 
9 a.m., and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on 
signal if notice is given at least 4 hours in advance of a vessels's 
time of intended passage through the draw.
    (b) The draw of the Ohio Street bridge, mile 2.1, at Buffalo, shall 
operate as follows:
    (1) From March 22 through December 15, the draw shall open on 
signal within 20 minutes after a request is made to the Michigan Avenue 
drawtender. However, the draw need not open from 7:30 a.m. to 9 a.m., 
and from 4 p.m. to 5:45 p.m., Monday through Saturday.
    (2) From December 16 through March 21, the draw shall open on 
signal if notice is given at least 4 hours in advance of a vessel's 
time of intended passage through the draw.
    (c) The draws of the Conrail railroad bridges, miles 4.02 and 4.39, 
both at Buffalo, shall open on signal if notice is given at least 4 
hours in advance of a vessel's time of intended passage through the 
draws.
    (d) The South Park Avenue, miles 5.3, at Buffalo, shall open on 
signal if notice is given at least 4 hours in advance of a vessel's 
time of intended passage through the draw. However, the draw need not 
open from 7 a.m. to 8:30 p.m. and from 4:30 p.m. to 6 p.m., Monday 
through Saturday.
    (e) The periods when the bridges need not open on signal prescribed 
in (a)(1), (b)(1), and (d) in this section shall not be effective on 
Sundays, and on New Year's Day, Memorial Day, Fourth of July, Labor 
Day, Thanksgiving Day, Christmas Day, or days observed in lieu of any 
of these under State law.
    (f) Marine radiotelephones shall be maintained at the Michigan 
Avenue and Ohio Street bridges. The City of Buffalo shall maintain and 
monitor a marine radiotelephone for use by the Michigan Avenue 
drawtender while enroute between the Michigan Avenue and Ohio Street 
bridges. The drawtender shall maintain communications with the vessel 
until the vessel has cleared both the Ohio Street and Michigan Avenue 
draws.

    Dated: October 13, 1995.
Paul J. Pluta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Acting.
[FR Doc. 95-26523 Filed 10-25-95; 8:45 am]
BILLING CODE 4910-14-M