Proposed Rule2023-09515
Drawbridge Operation Regulation; Black River, Lorain, OH
Primary source
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Published
May 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the Charles Berry Bridge, mile 0.6, and the Norfolk Southern Railroad Bridge, mile 1.2, both over the Black River. The regulation has not been updated since 1986. The Coast Guard's proposed revisions will ensure the needs of all modes of transportation are being met.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Proposed Rules]
[Pages 28442-28444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09515]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0187]
RIN 1625-AA09
Drawbridge Operation Regulation; Black River, Lorain, 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 Charles Berry Bridge, mile 0.6, and the Norfolk Southern
Railroad Bridge, mile 1.2, both over the Black River. The regulation
has not been updated since 1986. The Coast Guard's proposed revisions
will ensure the needs of all modes of transportation are being met.
DATES: Comments and relate material must reach the Coast Guard on or
before July 3, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0187 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#3f735a5a117b116c504a535a7f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="abe7cece85ef85f8c4dec7ceebded8c8cc85c6c2c7">[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
PAWSA Ports and Waterway Safety Assessment
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Black River is a tributary of Lake Erie, created at the
confluence of the east and west branches of the Black River at Elyria,
Ohio. It then travels 12 miles to empty into Lake Erie at Lorain, Ohio.
Large commercial vessels and powered and non-powered recreational
vessels use the river. Most of the recreational vessels using the
waterway moor in the outer harbor basin or launch from one of the two
municipal boat ramp locations. The head of navigation is located at
approximate river mile 3, just past the former U.S. Steel Dock on the
south side of Lorain. The river continues to Elyria, Ohio with water
depths reported less than 6-feet based on LWD. There are no detours
available for vessels to avoid passing through the bridges.
Three bridges cross the river at Lorain, two drawbridges and one
fixed. The Charles Berry Bridge, mile 0.6, is a double leaf bascule
bridge that provides a horizontal clearance of 148-feet and a vertical
clearance of 33-feet at center above LWD in the closed position and an
unlimited clearance in the open position. The Norfolk Southern Railroad
Bridge, mile 1.2, is a vertical lift bridge that provides a horizontal
clearance of 205-feet and a vertical clearance of 35-feet in the closed
position above LWD and 123-feet in the open position above LWD. The
Lofton Henderson Memorial Bridge, mile 2, is a fixed bridge that
provides a horizontal clearance of 256-feet and a vertical clearance of
97-feet based on LWD.
The Charles Berry Bridge, mile 0.6, is governed by 33 CFR 117.850,
allowing the bridge to only open twice an hour and operate in evenings
with a 2-hour advance notice. The Norfolk Southern Railroad Bridge,
mile 1.2, does not have operating regulations.
III. Discussion of Proposed Rule
On August 7, 1986, we published in the Federal Register (51 FR
28380), on request of the Lorain County Engineer, to limit bridge
movements and prevent traffic congestion at the bridge. In the
intervening 37 years, several riverfront businesses that received
maritime traffic have closed and/or been removed, to include two steel
mills at the head of navigation, an iron ore terminal, a coal fired
power plant, and Ford Lorain Assembly Plant. These changes have
impacted traffic at the Charles Berry Bridge, mile 0.6, reducing the
number of vessels visiting the harbor and reducing the number of
workers traveling to and from work over the bridges.
According to the Ohio Department of Transportation Data Management
System, since 1986, vehicle crossings at the Charles Berry Bridge, mile
0.6, have decreased year over year. In 2022, the annual daily average
vehicle crossing was 2,161 vehicles, a decline of almost 45% in vehicle
crossings since 1986.
The Charles Berry Bridge, mile 0.6, provides 33-feet of vertical
clearance above LWD and the current regulation requires the bridge to
open on signal for commercial vessels. Accordingly, the only vessels
the regulation restricts is the sailing population. Arguably, the Coast
Guard should have amended the regulations after the lakeside marina
opened in 1989, moving most of the recreational vessels, including
sailing vessels, from the docks in the Lorain River to the harbor north
of the bridges.
The primary purpose of the current bridge regulation was to prevent
vehicle congestion at the bridge. However, with the reduction of
vehicles and vessels transiting the river on a regular basis, the
calculus has shifted, and the Coast Guard proposes to revise the
regulation to remove the burden from the recreational vessels using the
waterway.
We are proposing to remove the restricted bridge opening times of
on the hour and half hour. We also propose to remove the restrictions
of 8 a.m., 3 p.m., 4 p.m., and 5 p.m. because the traffic counts do not
support a significant gathering of vehicles at the bridge during those
times.
[[Page 28443]]
We informally asked local stakeholders for comments, and we
received one comment requesting to keep the current winter operations
as written.
In 2022, the Coast Guard received three reports of the drawtender
delaying the opening of the bridge: two reports against the highway
bridge and one against the railroad bridge; all three delays have been
attributed to communications problems. The Coast Guard hopes that it
can resolve the communications issue by proposing that both movable
bridges operate a Radio Telephone and telephone. Both bridges would be
required to post these requirements with winter hours at the bridge
under Sec. 117.55.
V. 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 is not significant since it removes the
burdens placed on the boaters.
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, Table3-1 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-2023-0187 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
[[Page 28444]]
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; and DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 117.850 Black River to read as follows:
(a) The Charles Berry Bridge, mile 0.6, will open on signal, except
from January 1 through March 31 when the bridge will open if a 12-hour
advance notice is given. The bridge will operate and maintain a VHF-FM
Marine Radio and a telephone number.
(b) The Norfolk Southern Railroad Bridge, mile 1.2, will open on
signal, except from January 1 through March 31 when the bridge will
open if a 12-hour advance notice is given. 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. 2023-09515 Filed 5-3-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 4, 2023.
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.