Proposed Rule2023-10731
Drawbridge Operation Regulation; Cuyahoga River, Cleveland, OH
Primary source
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Published
May 22, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to create a new operating schedule to govern all movable bridges over the Cuyahoga River. The Coast Guard is also proposing new rules that will assist mariners signal for and anticipate bridge openings. Mariners have raised concerns to the Ninth Coast Guard District Commander regarding the safety and consistency of moveable bridge operations on the Cuyahoga River. These additions are proposed in response to those concerns. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 98 (Monday, May 22, 2023)</title>
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[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32709-32713]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10731]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0188]
RIN 1625-AA09
Drawbridge Operation Regulation; Cuyahoga River, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to create a new operating schedule to
govern all movable bridges over the Cuyahoga River. The Coast Guard is
also proposing new rules that will assist mariners signal for and
anticipate bridge openings. Mariners have raised concerns to the Ninth
Coast Guard District Commander regarding the safety and consistency of
moveable bridge operations on the Cuyahoga River. These additions are
proposed in response to those concerns. We invite your comments on this
proposed rulemaking.
DATES: Comments and relate material must reach the Coast Guard on or
before July 21, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0188 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#713d14145f355f221e041d1431040212165f1c181d"><span class="__cf_email__" data-cfemail="612d04044f254f320e140d0421141202064f0c080d">[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
IGLD85 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 Cuyahoga River is over 100-miles in length and empties into
Lake Erie at Cleveland, Ohio, but only the last 7-miles of the river
are considered navigable for interstate commerce purposes. The Cuyahoga
River system consists of the Cuyahoga River and the Old River Channel,
the original outflow channel of the Cuyahoga River. The Cuyahoga River
has multiple sharp bends that make visibility down river impossible and
is designated as an American Heritage River by Executive Order 13061.
Twenty-four bridges cross the Cuyahoga River. These bridges
accommodate small powered and non-powered recreational vessels, along
with large commercial vessels of up to 700 feet in length.
The Cuyahoga River is considered one of the major industrial
centers in the Great Lakes and handles several commodities for domestic
and international commerce, including steel, heavy machinery, dry and
liquid bulk products, and salt.
The United States and Canadian Coast Guard conduct fall and spring
ice-breaking operations in the Cuyahoga River, depending on shipping
schedules and weather conditions.
Heavy recreational traffic is concentrated in the Old River and on
the Cuyahoga River up to mile 2.42 during the summer.
All vertical clearances over the Cuyahoga River and Old River
Channel are based on IGLD85. Two bridges cross the Old River Channel:
1. The CSX Railroad Bridge, mile 0.89, is a single leaf bascule
bridge that provides a horizontal clearance of 170-feet and a vertical
clearance of 6-feet in the closed position and an unlimited clearance
in the open position. This bridge is maintained in the open position.
2. The Willow Avenue Bridge, mile 1.02, is a vertical lift bridge
that provides a horizontal clearance of 150-feet and a vertical
clearance of 12-feet in the closed position and 98 feet in the open
position.
[[Page 32710]]
Twenty-two bridges cross the Cuyahoga River:
1. The Norfolk Southern Railroad Bridge, mile 0.76, also known as
``The Iron Curtain'' or ``NS1'' is a vertical lift bridge that provides
a horizontal clearance of 250-feet and a vertical clearance of 8-feet
in the closed position and 98-feet in the open position.
2. The Main Avenue Viaduct, mile 1.01, is a fixed bridge with a
horizontal clearance of 218-feet and a vertical clearance of 92-feet,
but 97-feet is available in the center 182-feet of the span.
3. The CSX Railroad Bridge, mile 1.28, is a single leaf bascule
bridge that provides a horizontal clearance of 229-feet and a vertical
clearance of 8-feet in the closed position and an unlimited clearance
in the open position. This bridge is normally maintained in the open
position.
4. The Center Street Bridge, mile 1.28, is a bob-tail swing bridge
that provides a horizontal clearance of 113-feet and a vertical
clearance of 17-feet in the closed position and an unlimited clearance
in the open positions.
5. The Detroit-Superior Viaduct, mile 1.42, is a fixed bridge that
provides a horizontal clearance of 113-feet and a vertical clearance of
98-feet.
6. The Union Terminal Viaduct, mile 1.89, is a fixed bridge that
provides a horizontal clearance of 200-feet and a vertical clearance of
98-feet.
7. The Columbus Road Bridge, mile 1.93, is a vertical lift bridge
that provides a horizontal clearance of 220-feet and a vertical
clearance of 17-feet in the closed position and 98-feet in the open
position.
8. The Flats Industrial Railroad Bridge, mile 2.24, is a vertical
lift bridge that provides a horizontal clearance of 200-feet and a
vertical clearance of 8-feet in the closed position and 97-feet in the
open position.
9. The City of Cleveland Railroad Bridge, mile 2.42, is a vertical
lift bridge that provides a horizontal clearance of 200-feet and a
vertical clearance of 23-feet in the closed position and 98-feet in the
open position.
10. The Carter Road Bridge, mile 2.43, is a vertical lift bridge
that provides a horizontal clearance of 201-feet and a vertical
clearance of 22-feet in the closed position and 97-feet in the open
position.
11. The Eagle Avenue Bridge, mile 2.80, is a vertical lift bridge
that provides a horizontal clearance of 187-feet and a vertical
clearance of 15-feet in the closed position and 97-feet in the open
position. This bridge has been maintained in the open position for over
15 years and plans are being made for its complete removal by winter of
2025.
12. The Hope Memorial Bridge, mile 3.14, is a fixed bridge that
provides a horizontal clearance of 178-feet and a vertical clearance of
96-feet.
13. The Norfolk Southern Railroad Bridge also known as ``NS2'' or
``Nickle Plate'' or ``The Trestle Bridge'', mile 3.34, is a vertical
lift bridge that provides a horizontal clearance of 200-feet and a
vertical clearance of 64-feet in the closed position and 97-feet in the
open position.
14. The Inner Belt Freeway Bridge, mile 3.42, is a fixed bridge
that provides a horizontal clearance of 230-feet and a vertical
clearance of 93-feet.
15. The West 3rd Street Bridge, mile 3.42, is a vertical lift
bridge that provides a horizontal clearance of 200-feet and a vertical
clearance of 10-feet in the closed position and 97-feet in the open
position.
16. The CSX Railroad Bridge, mile 4.75, is a single leaf bascule
bridge that provides a horizontal clearance of 110-feet and a vertical
clearance of 10-feet in the closed position and an unlimited clearance
in the open position. This bridge is normally maintained in the open
position, except when trains cross the river.
17. The I-490 Bridge, mile 4.79, is a fixed bridge that provides a
horizontal clearance of 110-feet and a vertical clearance of 101-feet.
18. An Overhead Conveyor Bridge, mile 5.35, is a fixed bridge that
provides a horizontal clearance of 210-feet and a vertical clearance of
99-feet.
19. The Cleveland Cliffs Railroad Bridge #1, mile 5.42, is a single
leaf bascule bridge that provides a horizontal clearance of 129-feet
and a vertical clearance of 15-feet in the closed position and an
unlimited clearance in the open position.
20. The Wheeling & Lake Erie Railroad Bridge, mile 5.47, is a
vertical lift bridge that provides a horizontal clearance of 200-feet
and a vertical clearance of 28-feet in the closed position and 97-feet
in the open position.
21. The Norfolk Southern Railroad Bridge, mile 6.07, is a fixed
bridge that provides a horizontal clearance of 27-feet and a vertical
clearance of 14-feet.
22. The Cleveland Cliffs Railroad Bridge #2, mile 6.09, is a fixed
bridge that provides a horizontal clearance of 59-feet and a vertical
clearance of 14-feet.
The newly constructed Voinovich Pedestrian Bridge, at the mouth of
North Coast Harbor, provides a horizontal clearance of 130-feet and a
vertical clearance of 6-feet at center diminishing to 4-feet at channel
edges with an unlimited clearance in the open position.
III. Discussion of Proposed Rule
For 20 years, the Coast Guard has awarded winter operating
deviations to all of the moveable highway bridges over the Cuyahoga
River from mid-December to the end of March, allowing the bridges to
open on signal if a 12-hour advance notice of arrival was received. We
propose to make a permanent all-seasons rule for all movable bridges,
except for the Norfolk Southern Railroad Bridge, mile 0.76, that, from
December 15 through March 31 of each year each bridge will require a
12-hours advance notice for openings. As already required under Sec.
117.55, each bridge will be required to display a sign with the bridge
name, river mile, and that from December 15 through March 31 the bridge
requires a 12-hour advance notice. The signage will also include the
correct number to provide the advance notice. We propose that the
Norfolk Southern Railroad Bridge, mile 0.76, be exempted from the
winter 12-hour advance notice and will be required to open on signal
all year. Freighters need to pass through the Norfolk Southern Railroad
Bridge, mile 0.76, to gain refuge from high winds and waves, and a 12-
hour delay would be considered unreasonable.
During the 2018 PAWSA that is available on the <a href="https://navcen.uscg.gov">https://navcen.uscg.gov</a> site by visiting Cuyahoga_River_PAWSA_18_Dec_2018.pdf
(<a href="http://uscg.gov">uscg.gov</a>) we learned that ``when the Norfolk Southern Railroad Bridge,
mile 0.76, is closed, all inbound and out bound vessel traffic is
halted. Congestion builds on both sides of the bridge as vessel
operators wait for the bridge to open. Mariners drift and maneuver to
maintain position, which increases the risk of collision.'' The PAWSA
proposed a better means of communications between recreation and
commercial vessels. These recommendations included: the posting of
telephone number at the bridge that would be answered by the tender or
dispatcher, posting of a countdown clock, and requiring a
radiotelephone at the Norfolk Southern Railroad Bridge, mile 0.76. The
recommendations sought to alleviate congestion, prevent possible
collisions, and improve the flow of commerce.
We reviewed complaints from mariners concerning the operation of
the Norfolk Southern Railroad Bridge, mile 0.76, and discovered from
2019 through 2022 a total of 291 complaints were received; 115 of the
reports involved delays. For comparison, during
[[Page 32711]]
the same period, the Coast Guard received two complaints against the
Willow Street Bridge, mile 1.02, and one complaint against the Norfolk
Southern Railroad Bridge, mile 3.34. Most complaints cite as the
perceived cause of delay, communication difficulties with the
drawtender, or in the cases of Norfolk Southern, communication
difficulties with the train dispatchers.
In the PAWSA discussions related to reducing congestion near the
Norfolk Southern Railroad Bridge, mile 0.76 and improving the overall
experience for recreational vessels, it was recommended that the
Norfolk Southern Railroad Bridge, mile 0.76, install an LED display
(countdown clock) on both sides of the Norfolk Southern Railroad
Bridge, mile 0.76, that would communicate the estimated wait time until
the bridge lifts. These clocks were in use when the former owner of the
Norfolk Southern Railroad Bridge, mile 0.76 operated the crossing. The
Coast Guard is proposing the railroad reestablish the use of those
clocks or install modern clock faces to communicate the time until next
opening.
To improve public safety, reduce vessel congestion at the bridge,
and improve communication between the drawtender and the vessels, the
Coast Guard proposes to require the Norfolk Southern Railroad Bridge,
mile 0.76, to install and maintain signs visible from the upriver and
downriver sides of the bridge. The size, type, and spacing of
characters must conform to the standard alphabets for highway signs and
be visible to vessels approaching the bridge from upriver or down river
of the bridge and be readable at a minimum distance of 500 feet. To
improve communications the Coast Guard will propose that the Norfolk
Southern Railroad Bridge, mile 1.5, in addition to monitoring the
signals listed in 33 CFR 117.15, operate and maintain a Radio Telephone
as required under 33 CFR 117.23 and operate and maintain a telephone,
whose number will be maintained on the appropriate signs at the bridge.
Suggested signage would appear like this example:
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TP22MY23.004
Under the proposal, all other movable bridges over the Cuyahoga
River, the Old River, and at North Coast Harbor would be allowed to
operate with a 12-hour advance notice from December 15th through March
31st and would be required, in accordance with Sec. 117.55, to install
and maintain signs visible from the upriver and downriver sides of the
bridge. The size, type, and spacing of characters must conform to the
standard alphabets for highway signs and be visible to vessels
approaching the bridge from upriver or down river of the bridge and be
readable at a minimum distance of 500 feet. The information on the
signs must provide the name of the bridge and the river mile and
include that the bridge opens on signal except from December 15 through
March 31 when the bridge requires a 12-hour advance notice followed by
instructions how to provide the advance notice.
Suggested signage would appear like this example:
[[Page 32712]]
[GRAPHIC] [TIFF OMITTED] TP22MY23.005
BILLING CODE 9110-04-C
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 32713]]
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-2023-0188 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. Add Sec. 117.848 to read as follows:
Sec. 117.848 Cleveland Harbor.
(a) The Norfolk Southern Railroad Bridge, mile 0.76, will open on
signal.
(1) The bridge owner will maintain and monitor a VHF-FM Marine
Radio, and telephone.
(2) The bridge will display a clock that counts down the estimated
time of the next bridge opening that is visible to vessels approaching
from the upriver or downriver side of the bridge.
(3) The bridge will also display a sign readable from vessels
approaching the bridge from upriver or down river and readable for 500
feet that states:
(i) The name of the bridge;
(ii) The river mile;
(iii) That the bridge is remotely operated; and
(iv) The opening signal of the bridge is one prolonged blast
followed by one short blast of the horn or VHF-FM Marine Radio Channel
16, or by calling the number posted by the owner.
(b) All remaining moveable vehicle and railroad bridges on the
Cuyahoga River will open on signal, except from December 15 through
March 31 when the bridges will open if a 12-hour advance notice is
provided. Said bridges include: Willow Avenue Bridge at Mile 1.02;
Center Street Bridge, mile 1.28; the Columbus Road Bridge, mile 1.93;
the Flats Industrial Railroad Bridge, mile 2.24; the City of Cleveland
Railroad Bridge, mile 2.42; the Carter Road Bridge, mile 2.43; the
Norfolk Southern Railroad Bridge the West 3rd Street Bridge, mile 3.42;
the CSX Railroad Bridge, mile 4.75; the Cleveland Cliffs Railroad
Bridge #1, mile 5.42; and the Wheeling & Lake Erie Railroad Bridge.
(c) The Voinovich Pedestrian Bridge, at the mouth of North Coast
Harbor, will open on signal except from December 15 through March 31
when the bridge will open if a 12-hour advance notice is provided.
Dated: May 15, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-10731 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P
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