Drawbridge Operation Regulations; Black Rock Canal, NY

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]

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