[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR207.590]

[Page 76-79]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 207--NAVIGATION REGULATIONS--Table of Contents
 
Sec. 207.590  Black Rock Canal and Lock at Buffalo, N.Y.; use, administration, and navigation.

    (a) The term ``canal'' when used in this section will mean all of 
the Black Rock Waterway, including Black Rock Lock, and all of the 
lands, piers, buildings, and other appurtenances acquired by letters 
patent from the State of New York, or constructed for the use of the 
waterway; the southerly limit thereof being at the southerly end of Bird 
Island Pier, and the northerly limit being at the downstream end of the 
guide pier, Black Rock Lock, a length of 3.7 miles.
    (b) The canal and all of its appurtenances and the use, 
administration and navigation thereof shall be in charge of the District 
Engineer, U.S. Army Engineer District, in charge of the locality, or his 
authorized agents.
    (c) The movement of all vessels, boats, or other floating things in 
the canal shall be under the direction of the authorized agents of the 
District Engineer in charge, and their orders and instructions must be 
obeyed.
    (d) For passage through the canal, vessels or boats belonging to the 
U.S. Government shall have precedence over all others.
    (e) All registered vessels or boats must pass through the canal in 
order of their arrival at the canal limits, unless otherwise directed in 
accordance with this section.
    (f) [Reserved]
    (g) No vessel shall pass or approach within \1/4\-mile of a vessel 
bound in the same direction in the Black Rock Canal south of the Ferry 
Street Bridge. Tugs without tows, tugs towing a single barge under 150 
feet in length, and single vessels under 150 feet in length are exempt 
from this paragraph.
    (h) No vessel or boat shall anchor in or moor along the canal except 
at localities specially designated by the District Engineer or his 
agent; and no business, trading, or landing of freight or baggage, 
except such articles as may be readily carried in the hand, will be 
allowed on or over the canal lands or

[[Page 77]]

structures, without the permission of the District Engineer or his 
agent.
    (i) No person or operator of a vessel in the Black Rock Canal, lock 
or approaching channels shall throw or discharge or permit to be thrown 
or discharged any solid material of any kind or any petroleum product of 
any kind into the canal, lock or appurtenant waters.
    (j) All vessels and tows shall be navigated with care so as not to 
strike or disturb the channel buoys or channel markers. If a buoy or 
other channel marker is accidentally struck, damaged or displaced, the 
fact shall be reported immediately to the Black Rock Lock, foot of 
Bridge Street, Buffalo, N.Y., telephone 876-5454.
    (k) Ferry Street Bridge: The clearheadroom under the bridge at low 
water datum is 17.3 feet for a width of 86 feet from the pivot pier, 
thence decreasing to 12.3 feet at the left (westerly) abutment.
    (1) All vessels and boats which cannot pass under the bridge shall, 
on approaching the bridge, reduce speed sufficiently to enable them to 
come to a dead stop, without touching the bridge, in case the movable 
span cannot be lifted. If the wind is dangerously strong, passage of the 
bridge shall not be attempted by large vessels without the aid of a tug 
or tugs.
    (2) Vessels and boats bound north shall have the right-of-way and 
priority for passage through the bridge over those bound south.
    (3) All vessels and boats desiring passage through the bridge shall 
signal therefor by one long and two short whistle blasts.
    (4) Upon receiving the opening signal, the bridge operator shall 
answer by giving the same signal on the bridge whistle and he shall then 
proceed at once to lift the bridge.
    (5) In case the bridge cannot be lifted, for any cause, the bridge 
operator shall answer a vessel signal by giving five short whistle 
blasts; and the vessel shall then be stopped until the bridge is ready 
to be lifted, when the bridge operator shall give the whistle signal for 
passage and the vessel may proceed.
    (6) In case the bridge is disabled so that it cannot be lifted for 
one-half hour or more pending repairs, red flags will be displayed on 
the bridge in daytime and two red lantern lights, one above the other, 
at night; and when such signals are displayed no vessel or boat shall 
signal for or attempt passage through the bridge.
    (l) Radio control of vessel movement in Black Rock Canal. (1) The 
movement of vessels in the Black Rock Canal will be controlled by radio 
communication between the Black Rock Lock and the vessels desiring to 
use the canal. Vessels will not be permitted to meet or pass in the 
channel of restricted width between the southerly end of Bird Island 
(approximately 3,500 feet northerly along the canal from the North 
Breakwater South End Light) and the International Railway Bridge near 
the southerly entrance to the Black Rock Lock. Vessels less than 150 
feet in length and tugs towing a single barge under 150 feet in length 
are not to be included in this special condition. In addition to the 
control of vessel movements in the restricted section of the canal, 
radio communications will also be utilized to facilitiate the passage of 
vessels through the entire canal and the Black Rock Lock.
    (2) Radio communication will be the only means of control of vessel 
traffic in the canal in order to prevent a meeting or passing of vessels 
in the restricted area, and therefore it is mandatory that all vessels 
over 150 feet in length and tugs towing a barge or barges over 150 feet 
in combined length of tow be equipped with radio communication equipment 
operating on designated frequencies. Any vessel lacking such equipment 
will not be permitted to enter the canal unless arrangements are made 
with the Black Rock Lock by land telephone to 876-5454 or marine ship-
to-shore facilities immediately before entering the canal.
    (3) The Black Rock Lock radio communication equipment operates on 
VHF(FM) frequencies as follows: VHF--156.8 Mcs--Channel 16--Safety and 
Calling, VHF--156.7 Mcs--Channel 14--Working; VHF--156.6 Mcs--Channel 12 
Working. A listening watch is maintained on VHF Channel 16.
    (4) In order that positive control may be maintained it is mandatory 
that the following procedures be followed in

[[Page 78]]

communicating by radio with the Black Rock Lock:
    (i) Vessels desiring to enter the Black Rock Canal from either the 
Buffalo Outer Harbor or the Buffalo River shall call the Black Rock Lock 
on VHF Channel 16 or by land telephone approximately 15 minutes before 
the estimated time of arrival at Buffalo Harbor Traffic Lighted Bell 
Buoy 1 located at latitude N. 42 deg.50.1' and longitude W. 
78 deg.55.4'. Information to be furnished the Black Rock Lock Operator 
should include the name of the vessel, position, destination, length, 
draft (forward and aft) and the type of cargo. A second call shall be 
made to the lock when the vessel is abreast of the Buffalo Harbor Light 
on the southerly end of the detached West Breakwater. Information 
furnished the vessel by the Lock Operator will assure the vessel 
operator of the proper time to enter the Black Rock Canal with a view to 
safety and minimum delay.
    (ii) Vessels desiring to enter the Black Rock Canal from either the 
Buffalo Outer Harbor or the Buffalo River shall call the Black Rock Lock 
on VHF Channel 16 or by land telephone to 876-5454 immediately before 
departing a dock and again when abreast of the North Breakwater South 
End Light on the southerly end of the North Breakwater.
    (iii) In any radio communication from a vessel to the Black Rock 
Lock, and VHF(FM) frequencies will be utilized.
    (iv) In any radio communication from a vessel to the Black Rock 
Lock, the VHF (FM) frequencies will be utilized if available in 
preference to the MF (AM) frequencies.
    (v) When an initial radio contact has been made with the Black Rock 
Lock the vessel entering the canal shall maintain a standby watch at the 
radio until the passage through the canal and lock is completed.
    (vi) Failure to comply with the foregoing procedures could result in 
considerable delay to a vessel and possibly in a collision between 
vessels in the restricted section of the canal.
    (m) Black Rock Lock. All vessels and boats desiring to use the lock 
shall signal by two long and two short whistle blasts.
    (1) Northbound vessels and boats shall not be brought to within less 
than 300 feet of the upper lock gates, nor shall southbound vessels be 
brought to within less than 200 feet of the lower lock gates, until the 
lock is made ready and the lockmaster in charge signals the vessel to 
enter the lock.
    (2) Vessels and boats shall not moor to the approach walls of the 
lock at either end, for any other purpose than waiting for lockage, 
except by direction or permission of the lockmaster.
    (3) Commercial vessels will receive perference in passage through 
the locks. Small vessels such as row, sail, and motor boats, bent on 
pleasure only, will be passed through the lock in company with 
commercial vessels when small vessels can be safely accomodated or in 
the absence of commercial vessels may be passed through the lock 
individually or together in one lockage on the hour if northbound and on 
the half hour if southbound. However, commercial vessels will receive 
preference which could delay the passage of pleasure craft. Pleasure 
craft will not be permitted to pass through the lock with vessels 
carrying inflammable cargo. Vessels and other large boats when in the 
lock shall fasten one head line and one spring line to the snubbing 
posts on the lock walls, and the lines shall not be cast off until the 
signal is given by the lockmaster for the boats to leave the lock.
    (4) Vessels and boats will be passed through the lock in order of 
their arrival except that the lockmaster may order a small vessel to 
lock through in company with another vessel, irrespective of the 
former's order of arrival.
    (5) All vessels and boats shall be maneuvered with great care so as 
not to strike any part of the lock walls, or any gate or appurtenance 
thereto, or machinery for operating the gates, or the walls protecting 
the lock approaches.
    (6) Vessels and boats shall not enter or leave until the lock gates 
are fully in their recesses, and the lockmaster has given direction for 
starting.
    (7) [Reserved]
    (8) Trespass on lock property is strictly prohibited. However, in 
that portion of the Black Rock Canal lying between the International 
Railway

[[Page 79]]

Bridge and the northerly end of the westerly lower guide pier, the 
following conditions shall apply to the embarking or disembarking of 
crew members or passengers of a vessel transiting the lock:
    (i) Only the master or mate and two or three linesmen will be 
permitted to go ashore from transiting vessels and then only for normal 
operations and business incident to the transit. A maximum of only four 
(4) men will be permitted to go ashore from any one ship.
    (ii) No crew members will be permitted to board a ship at the locks 
unless previously requested in writing by the master or owners, and 
approved by canal authorities.
    (iii) No crew member may leave a ship while it is in transit in the 
lock or canal unless certified in advance as an emergency by the vessel 
master and approved by canal authorities.
    (iv) No guest passengers will be permitted to either board or 
disembark at the canal or locks.
    (9) Schedule of Seasonal Operation:
    (i) March 23 through June 14--6 a.m. to 11 p.m., daily.
    (ii) June 15 through September 6-24 hours, daily.
    (iii) September 7 through November 30--6 a.m. to 11 p.m., daily.
    (iv) December 1 through March 22--8 a.m. to 4:30 p.m., daily. During 
the navigation season the hours may be extended by the district 
engineer, depending on conditions and the need for lockage service. 
Public notices will be issued announcing the opening and closing dates 
at least 10 days in advance of such dates.
    (10) Non-Operational Hours Lockings. In addition to the above 
schedule of operating hours, commercial vessels may be locked through 
during non-operational hours with prior arrangements made through the 
U.S. Army Engineer District, Buffalo. Requests for non-operational hours 
lockings shall be made at lease 24 hours in advance by calling (716) 
876-5454, extension 2284 or by radio as described in paragraph (l) of 
this section, Monday through Friday, 9 a.m. to 4 p.m., except holidays. 
Requests shall include the approximate time of arrival and the name and 
call letters of the vessel or, if the vessel is not equipped to receive 
radio messages, a telephone number at which messages may be received for 
the vessel. If a requested lockage must be delayed, prompt notification 
shall be given by telephone or radio.

[30 FR 3382, Mar. 13, 1965; 30 FR 3881, Mar. 25, 1965, as amended at 41 
FR 34035, Aug. 12, 1976; 42 FR 57962, Nov. 7, 1977; 45 FR 51555, Aug. 4, 
1980; 56 FR 13765, Apr. 4, 1991]