Proposed Rule2023-09049
Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH
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Published
May 8, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating regulations and signaling requirements that govern the Norfolk Southern Railroad Bridge, mile 3.5, over the Sandusky Bay. Further, the Coast Guard also proposes adding information to clarify when and how wind blockers may be used on the Norfolk Southern Railroad Bridge, mile 3.5. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29584-29586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09049]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0185]
RIN 1625-AA09
Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating regulations
and signaling requirements that govern the Norfolk Southern Railroad
Bridge, mile 3.5, over the Sandusky Bay. Further, the Coast Guard also
proposes adding information to clarify when and how wind blockers may
be used on the Norfolk Southern Railroad Bridge, mile 3.5. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 7, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0185 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
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#317d54541f751f625e445d5471444252561f5c585d"><span class="__cf_email__" data-cfemail="eba78e8ec5afc5b8849e878eab9e98888cc5868287">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
MPH Miles Per Hour
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
Located on the south shore of Lake Erie, Sandusky Bay extends west
from its entrance between Cedar Point and Bay Point for about 15 miles
to Muddy Creek Bay. The Sandusky River flows into the south side of
Muddy Creek Bay. Recreational and commercial small craft can navigate
through Sandusky Bay, Muddy Creek Bay, and upstream in the Sandusky
River for about 15 miles to the Norfolk Southern Railroad Bridge at the
town of Fremont, Ohio. The only movable bridge over the Sandusky Bay is
the Norfolk Southern Railroad Bridge, mile 3.5.
Sandusky Bay is one of the principal waterways in northern Ohio and
its shoreline covers three counties. International commerce is heavy
enough in the area that the U.S. Customs and Border Protection opened a
Sandusky Bay Station in 2012. The south shore of Sandusky Bay boasts
one of the largest rail-to-ship coal loading facilities in the Great
Lakes and is home to over 35 recreational vessel marinas and boat
ramps. Commercial fishing vessels, uninspected charter vessels, power
boat rental agencies, sailing vessels, and water-skiers pass through
the draw of the Norfolk Southern Railroad Bridge, mile 3.5 daily in the
summertime.
Cedar Point amusement park and marina, near the mouth of Sandusky
Bay, hosts 21,232 visitors each day, except for holidays and special
events when visitor numbers average 60,000 people a day.
The Norfolk Southern Railroad Bridge, mile 3.5, is a single leaf
bascule bridge in the center of a long causeway that provides a
horizontal clearance of 64-feet and a vertical clearance of 9-feet in
the closed position and an unlimited clearance in the open clearance
based on LWD. The bridge is remotely operated by the Norfolk Southern
Railroad Bridge, mile 5.76, at Toledo and is regulated by 33 CFR
117.853. The bridge is required to open on signal, except from November
through April the bridge is required to open if a 24-hour advance
notice is provided.
In 2009, the Coast Guard posted in the Federal Register (74 FR
63612) a final rule adding the authority for the bridge to operate
remotely, but the Coast Guard did not update or modernize the rest of
the regulation. Much of the current regulation remains the same as it
was listed in the Federal Register in 1984 (49 FR 17452).
In addition to modernizing the regulation, the Coast Guard also
hopes the proposed rule will address two specific concerns the Coast
Guard has noted as it relates to the operation of the Norfolk Southern
Railroad Bridge, mile 3.5: the responsiveness of drawtenders to marine
traffic and improved processes as it relates to the use of wind
blockers. The Coast Guard has received several complaints, mostly
informal, on the operations of the bridge, specifically complaints that
the remote drawtender are, at times, non-responsive to telephone and
radio calls from mariners. The Coast Guard is proposing new
requirements to address these complaints. As it relates to wind
blockers, when the winds exceed 40 mph there is a danger that
lightweight railcars could be blown off the causeway. These half-
floating railcars are a potential hazard to motorists and marine
traffic. During wind events, the railroad routinely sets upwind
blockers composed of heavy railcars on the parallel track to block the
wind. The heavier railcars protect the lighter cars from the effects of
the wind as said lighter cars transit the bridge. When in place, the
heavy wind blocking trains prevent the bridge from opening.
Accordingly, the railroad must coordinate with the local Coast Guard
Sector office before posting wind
[[Page 29585]]
blockers, as the wind blockers may disrupt a bridge's posted operating
schedule. Often, there is confusion on how long the wind blocker can be
posted and when it needs to be moved to allow vessels to pass through
the bridge. The Coast Guard is proposing new language that will specify
when a wind blocker is appropriate and stipulate how it will be used by
the railroad.
The winter hours allowing for a 24-hour advance notice was popular
when the U.S. Army Corps of Engineers regulated bridges before the 1966
Transportation Act transferred those duties to the U.S. Coast Guard.
III. Discussion of Proposed Rule
To enhance communications and insist that the remote drawtender
answer the telephone, we propose to require the remote drawtender
operate and maintain a telephone so boaters can call. We intend to
continue the requirement of maintaining a VHF-FM Marine Radio
Telephone.
The remote bridge operator for Norfolk Southern Railroad Bridge,
mile 3.5, the subject of this regulation, is physically located at
Norfolk Southern Railroad Bridge, mile 5.76, in Toledo. Currently, the
winter advance notice requirements for the two bridges are different;
which can be confusing to the drawtender. We propose to match the
requirements of the Norfolk Southern Railroad Bridge, mile 5.76, with
Norfolk Southern Railroad Bridge, mile 3.5.
Over the past few years, the Norfolk Southern Railroad Bridge, mile
3.5, has been programed to automatically open after a train clears the
block. This has greatly reduced complaints and improved the flow of
traffic in the waterway. We are proposing to include this as a
requirement in the new regulation to ensure that said operations, which
greatly benefit marine traffic, are not interrupted by personnel
changes at the Railroad.
Norfolk Southern Railroad historically has placed a wind blocker on
the bridge when the predicted winds will exceed 40 mph. As discussed
earlier, a wind blocker is a heavy train that, when posted on a bridge,
shields lighter trains from the effects of wind. Normally the Norfolk
Southern Railroad Bridge, mile 5.76, at Toledo, drawtender will call
USCG Sector Detroit and request to place the wind blocker. However, at
times, drawtenders don't provide sufficient information to the Sector,
making it difficult for Sector to effectively act on said requests.
Still at other times, wind blockers can be found on bridges well before
or after a wind event, delaying or otherwise frustrating the opening of
the bridge for vessels. We are proposing a clause to remedy these
issues.
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.
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,
[[Page 29586]]
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.
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-2023-0185 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 01.3.
0
2. Revise Sec. 117.853 to read as follows:
Sec. 117.853 Sandusky Bay.
The draw of the Norfolk Southern Railroad Bridge, mile 3.5, is
remotely operated, and is required, in addition to the other signals,
to operate a radiotelephone and telephone. It will remain open, except
for the passage of trains, from April 1 through October 31. If the
winds are predicted to be over 40 MPH, a wind blocker is authorized,
and the bridge will open with a 2-hour advance notice of a vessel's
time of intended passage through the draw until the end of the wind
event. The drawtender will request the cognizant USCG Sector to issue a
broadcast notice to mariners to alert vessels of the wind blocker and
the 2-hour advance notice requirement. At all other times, the bridge
will open if provided at least a 12-hour advance notice.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-09049 Filed 5-5-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.