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: 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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