[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24386]
[[Page Unknown]]
[Federal Register: October 3, 1994]
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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]
BILLING CODE 4910-14-M
