[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13089]
[[Page Unknown]]
[Federal Register: June 1, 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: 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]
BILLING CODE 4910-14-M
