[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
