Proposed Rule2023-08863
Drawbridge Operation Regulation; Maumee River, Toledo, OH
Primary source
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Published
April 27, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the CSX Railroad Bridge, mile 1.07, the Wheeling and Lake Erie Railroad Bridge, mile 1.80, the Craig Memorial Bridge, mile 3.30, the Martin Luther King Jr. Memorial Bridge, mile 4.30, and the Norfolk Southern Railroad Bridge, mile 5.76, all over the Maumee River at Toledo, Ohio. The original regulation was published in 1986 and has been amended over the years but a full review of the regulations for the waterway has not been completed. The current regulations are cumbersome, difficult to understand, and cause confusion to recreational vessels and some drawtenders. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 81 (Thursday, April 27, 2023)</title>
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Proposed Rules]
[Pages 25572-25574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08863]
[[Page 25572]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0184]
RIN 1625-AA09
Drawbridge Operation Regulation; Maumee River, Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the CSX Railroad Bridge, mile 1.07, the Wheeling and Lake Erie
Railroad Bridge, mile 1.80, the Craig Memorial Bridge, mile 3.30, the
Martin Luther King Jr. Memorial Bridge, mile 4.30, and the Norfolk
Southern Railroad Bridge, mile 5.76, all over the Maumee River at
Toledo, Ohio. The original regulation was published in 1986 and has
been amended over the years but a full review of the regulations for
the waterway has not been completed. The current regulations are
cumbersome, difficult to understand, and cause confusion to
recreational vessels and some drawtenders. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before June 26, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0184 using Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email If you have questions on this temporary final rule,
call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone 216-902-6085, email
<a href="/cdn-cgi/l/email-protection#cd81a8a8e389e39ea2b8a1a88db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="97dbf2f2b9d3b9c4f8e2fbf2d7e2e4f4f0b9fafefb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
CRSTF Cuyahoga River Safety Task Force
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
ODOT Ohio Department of Transportation
PAWSA Ports and Waterway Safety Assessment
TMMS Traffic Monitoring Management System
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Maumee River is formed at the confluence of the St. Joseph and
St. Mary's Rivers in the northeast corner of Fort Wayne, Indiana and
flows 137 miles to Lake Erie. The Maumee River was designated an Ohio
State Scenic River on July 18, 1974. The entire river was considered a
navigable waterway until the maintenance of the locks were discontinued
in 1913 and the head of navigation just past the US 20/Perrysburg-
Maumee Bridge at mile 14.72 was established. The rest of the Maumee
River continues to be in an advance approval waterway jurisdiction. The
Maumee River watershed is the largest of any river feeding the Great
Lakes and supplies five percent of Lake Erie's water.
The mouth of the river at Toledo and Lake Erie is wide and supports
considerable international and domestic commercial traffic, including
oil, grain, and coal cargoes. Powered and unpowered recreational
vessels utilize the entire river; however, the rapids at mile 15 are
unpassable without an operable lock system.
The Maumee River from the head of navigation to the mouth of the
river is crossed by ten bridges, four of which are movable. The
vertical clearance of all bridges on the Maumee River are based on LWD.
The CSX Railroad Bridge, mile 1.07, is a swing bridge with a
horizontal clearance of 143-feet in both left and right draws and a
vertical clearance of 22-feet in the closed position and an unlimited
clearance in the open position.
The Wheeling and Lake Erie Railroad Bridge, mile 1.80, is a swing
bridge with a horizontal clearance of 134-feet in both left and right
draws and a vertical clearance of 20-feet in the closed position and an
unlimited clearance in the open position.
The Craig Memorial Bridge, mile 3.30, is a double leaf bascule
bridge, that provides a horizontal clearance of 200-feet with a minimum
vertical clearance of 34-feet with a vertical clearance of 44-feet
available in the center 31-feet while in the closed position and an
unlimited clearance in the open position.
The Martin Luther King Jr. Memorial Bridge (prior to 1989, the
Cherry Street Bridge), mile 4.30, is a double leaf bascule bridge, that
provides a horizontal clearance of 200-feet with a minimum vertical
clearance of 34-feet with a vertical clearance of 44-feet available in
the center 31-feet while in the closed position and an unlimited
clearance in the open position. The Martin Luther King Jr. Memorial
Bridge is a Scherzer rolling lift bridge built in 1914 and is eligible
for listing on the national register of historic places. It was
rehabilitated in 2002 with an adverse effect. All of the movable
bridge's superstructure and operating systems were replaced with a
modern bascule span. It no longer conveys the technological
significance of the Scherzer design due to loss of integrity of design
and materials. The arches and piers are the only original fabrication
remaining from 1914.
The Norfolk Southern Railroad Bridge, mile 5.76, is a swing bridge
with a horizontal clearance of 115-feet in both left and right draws
and a vertical clearance of 17-feet in the closed position and an
unlimited clearance in the open position.
The CSX Railroad Bridge, mile 11.38, was a swing bridge with a
horizontal clearance of 110-feet in both left and right draws and a
vertical clearance of 53-feet in the closed position and an unlimited
clearance in the open position. The bridge was allowed to remain closed
by regulation when the upriver ship building facility closed. The
bridge was removed in its entirety and at the District Commander's
satisfaction in 2019.
On November 3, 1986, we published (51 FR 39858) in the Federal
Register new regulations for the Maumee River's movable bridges under
33 CFR 117.855 (Maumee River) that included several schedules for the
bridges, the new schedules were intended to ease the travel of
motorists across the bridges while still allowing recreational and
commercial commerce to travel the river.
Since 1986, operators of the recreational vessels using the large
Pier 75 marina near mile 7 have claimed that the Norfolk Southern
Railroad Bridge, mile 5.76, has repeatedly refused to open for
recreational vessels. Influenced by Norfolk Southern's failure to open
for recreational vessels, marina owners and clients moved to a new
marina near mile 1.07, eliminating most of the recreational vessel
traffic in that part of the river. The Brennen Marina near mile 4.2 was
relocated to the former Harrison Marina at mile 1. A smaller marina has
been built near mile 3.30, but all the vessels in this marina can make
it through all the bridges, except for the Norfolk Southern Railroad
Bridge at mile 5.76, without an opening.
[[Page 25573]]
The current regulations governing the five Toledo-area moveable
bridges are inconsistent and difficult to understand.
III. Discussion of Proposed Rule
We propose to require a 12-hour advance notice from December 15
through March 31. Each bridge owner will be responsible to provide to
the District Commander an appropriate phone number to be advertised to
the mariners in the Local Notice to Mariners and would be required to
be included in the requirements of 33 CFR 117.55.
After careful review of the annual average vehicle counts at each
highway bridge, we propose the hourly restrictions imposed on the
recreational vessels be dismissed due to the reduction in vehicle
crossing numbers as reported by the TMMS website hosted by ODOT and the
reduction in recreational vessels with an air draft that would require
bridge openings.
In the past three years we have received 66 complaints of delays at
three of the drawbridges over the Maumee River. These complaints
include: three written complaints against the Craig memorial Bridge,
mile 3.30; thirty-one written complaints against the CSX Railroad
Bridge, mile 1.07; and thirty-two written complaints against the
Norfolk Southern Railroad Bridge, mile 5.76. Most of the complaints
against the two railroad bridges have been about a lack of
communications between the vessels and the drawtender. Often the
miscommunications have been between the drawtender and the railroad
dispatchers. To improve communications, we propose to require all
drawbridges over the Maumee River to maintain and operate a VHF-FM
Marine Radio and in addition to the Marine Radio the Railroad Bridges
at mile 1.07 and mile 5.76 will maintain and operate a telephone with a
correct number to be placed on signage at the bridge.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice and that
most restrictions against vessels have been removed.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
[[Page 25574]]
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0184 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3.
0
2. Revise Sec. 117.855 Maumee River to read as follows:
(a) The draw of the CSX Railroad Bridge, mile 1.07, will open on
signal, except that from December 15 through March 31 the bridge will
require at least 12-hours advance notice. The bridge will operate and
maintain a VHF-FM Marine Radio and a telephone number.
(b) The draw of the Wheeling and Lake Erie Railroad Bridge, mile
1.80, will open on signal, except that from December 15 through March
31 the bridge will require at least 12-hours advance notice. The bridge
will operate and maintain a VHF-FM Marine Radio.
(c) The draw of the Craig Memorial Bridge, mile 3.30, will open on
signal, except that from December 15 through March 31 the bridge will
require at least 12-hours advance notice. The bridge will operate and
maintain a VHF-FM Marine Radio.
(d) The draw of the Martin Luther King Jr Memorial Bridge, mile
4.30, will open on signal, except that from December 15 through March
31 the bridge will require at least 12-hours advance notice. The bridge
will operate and maintain a VHF-FM Marine Radio.
(e) The draw of the Norfolk Southern Railroad Bridge, mile 5.76,
will open on signal, except that from December 15 through March 31 the
bridge will require at least 12-hours advance notice. The bridge will
operate and maintain a VHF-FM Marine Radio and a telephone number.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-08863 Filed 4-26-23; 8:45 am]
BILLING CODE 9110-04-P
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