[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Rules and Regulations]
[Pages 10466-10468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6055]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD09-95-022]
RIN 2115-AE47


Drawbridge Operation Regulations; Buffalo River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing regulations governing the 
operation of 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, by not requiring drawtenders to be in constant attendance 
at these bridges. This action will relieve the bridge owners of the 
burden of having drawtenders in constant attendance at their bridges 
and still provide for the reasonable needs of navigation.

EFFECTIVE DATE: This rule becomes effective on March 22, 1996.

ADDRESSES: Documents concerning this regulation are available for 
inspection and copying at 1240 East Ninth Street, Room 2083D, 
Cleveland, OH 44199-2060 between 6:30 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays. The telephone number is (216) 522-
3993.

FOR FURTHER INFORMATION CONTACT:
Mr. Scot M. Striffler, Project Manager, Bridge Branch at (216) 522-
3993.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, good cause 
exists for making this final rule effective less than 30 days after 
publication in the Federal Register. A delay in effective date is 
impracticable and contrary to the public interest because the schedule 
changes set forth in this rule will be implemented by the City of 
Buffalo on March 22, 1996. A delay is also unnecessary because a notice 
of proposed rulemaking was published and the Coast Guard queried the 
affected navigation interests prior to this action and received no 
objections.

Regulatory History

    On October 26, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; Buffalo River, 
NY'' in the Federal Register (60 FR 54823). No comments were received. 
A public hearing was not requested and therefore, was not held.

Background and Purpose

    The City of Buffalo requested and received approval to remove 
drawtenders from its bridges during the

[[Page 10467]]
winter months on an annual basis in accordance with 33 CFR 117.45.
    The City requested that it 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 South Park Avenue bridge, and two Conrail 
railroad bridges, be allowed to remove drawtenders throughout the year 
with a requirement 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.
    The Coast Guard determined that the removal of drawtenders from 
these bridges, the advance notice requirement, and the establishment of 
a roving drawtender at Michigan Avenue bridge would not seriously 
impact navigation or business on the Buffalo River.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking. The Coast Guard queried navigation interests prior to this 
action and received no objections. Language to amend Appendix A of Part 
117 (Drawbridges equipped with radiotelephones) did not appear in the 
NPRM but has been added to this final rule to facilitate efficient 
communication between vessels and the Michigan Avenue drawtender, and 
to enhance safety. In order to clarify radiotelephone procedures, 
paragraph (f) in the NPRM was revised and moved to paragraph (b)(3) in 
the final rule.

Regulatory Evaluation

    This rule 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. We conclude 
this because the impact on navigation is minimal and all marine 
interests in the area agreed to the change during preliminary 
discussions. Also, the requirement to maintain a marine radiotelephone 
will enable the roving drawtender to keep in communication with a 
transiting vessel, which will allow the vessel to begin approaching the 
draw in a more timely manner.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule 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 final rule allows the owners of the highway and 
railroad bridges to remove bridgetenders from the bridges where there 
is not 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 
final 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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this 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.e.(32)(e) 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, 33 CFR Part 117 is revised as 
follows:

PART 117--DRAWBRIDGE OPERATION 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. Sec. 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 vessel'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.
    (3) In addition to the standard signals required for requesting the 
bridge to open, the owners of this bridge shall maintain and monitor a 
marine radiotelephone for use by the Michigan Avenue drawtender for 
receiving requests for opening the Ohio Street bridge. The drawtender 
shall maintain communications with any transiting vessel until the 
vessel has cleared both the Ohio Street and Michigan Avenue draws.
    (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 bridge, mile 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 a.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 paragraphs (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,

[[Page 10468]]
or days observed in lieu of any of these under State law.
    3. Appendix A to Part 117 is amended by adding the Buffalo River 
under the State of New York subheading to read as follows:

                                           Appendix A to Part 117.--Drawbridges Equipped With Radiotelephones                                           
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                                                                                                                                  Calling      Working  
              Waterway                   Mile            Location            Bridge name and owner            Call sign           channel      channel  
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                   *                  *                  *                  *                  *                  *                  *                  
New York:                                                                                                                                               
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Buffalo River..................          1.3  Buffalo...............  Michigan Ave., Buffalo City  WXY 998                           16           13
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: February 15, 1996.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 96-6055 Filed 3-13-96; 8:45 am]
BILLING CODE 4910-14-M