Drawbridge Operation Regulations; Buffalo River, NY

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]

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