Rule2024-04274
Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH
Primary source
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Published
February 29, 2024
Effective
April 1, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying the operating schedule that governs the Fifth Street Bridge, mile 0.15, and the Norfolk Southern Railroad Bridge, mile 1.5, both over the Ashtabula River. The Coast Guard is also changing signaling and signage requirements for the Norfolk Southern Railroad Bridge, mile 1.5. The Coast Guard is modifying these rules in response to complaints received concerning the operations of one or more bridges over the waterway and a desire to improve safety, remove barriers to interstate commerce, improve communications, and standardize winter operations associated with these bridges.
Full Text
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<title>Federal Register, Volume 89 Issue 41 (Thursday, February 29, 2024)</title>
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[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Rules and Regulations]
[Pages 14744-14746]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04274]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0189]
RIN 1625-AA09
Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Fifth Street Bridge, mile 0.15, and the Norfolk Southern
Railroad Bridge, mile 1.5, both over the Ashtabula River. The Coast
Guard is also changing signaling and signage requirements for the
Norfolk Southern Railroad Bridge, mile 1.5. The Coast Guard is
modifying these rules in response to complaints received concerning the
operations of one or more bridges over the waterway and a desire to
improve safety, remove barriers to interstate commerce, improve
communications, and standardize winter operations associated with these
bridges.
DATES: This rule is effective April 1, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2023-0189 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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#054960602b412b566a70696045707666622b686c69"><span class="__cf_email__" data-cfemail="0d4168682349235e627861684d787e6e6a23606461">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 14745]]
I. Table of Abbreviations
CFR Code of Federal Regulations
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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 8, 2023, the Coast Guard published an NPRM, with a request
for comments, entitled ``Drawbridge Operation Regulation; Ashtabula
River, Ashtabula, OH'' in the Federal Register (88 FR 29591) to seek
your comments on whether the Coast Guard should consider modifying the
current operating schedule. During the comment period that ended July
7, 2023, we did not receive any comments.
The Ashtabula River flows into Lake Erie at the City of Ashtabula,
Ohio. The Ashtabula River is 40 miles in length but only the first 2
miles of the river is navigable. Large commercial vessels, passenger
vessels, and recreational vessels use the waterway. There are three
bridges crossing the Ashtabula River. The Norfolk Southern Railroad,
mile 0.5, is a fixed overhead conveyor with a horizontal clearance of
over 50 feet and a vertical clearance of 100 feet above LWD. The Fifth
Street Bridge, mile 1.4, is a single leaf bascule bridge with a
reported horizontal clearance of 50 feet and a vertical clearance of 11
feet above LWD in the closed position and an unlimited clearance in the
open position. The Norfolk Southern Railroad Bridge, mile 1.5, is a
single leaf bascule bridge with a horizontal clearance of 112 feet and
a vertical clearance of 11 feet above LWD in the closed position and an
unlimited clearance in the open position. There is no alternative route
for vessels traveling the Ashtabula River beyond mile 0.5 to prevent
them from passing under or through one or all these bridges. Commercial
vessels over 600 feet utilize moorings just outside of the river's
mouth. Several of the vessels in the Ashtabula River are small
passenger vessels and other small craft over 21-feet.
The two bascule bridges across the Ashtabula River are regulated by
33 CFR 117.847. The draw of the Fifth Street Bridge, mile 1.4, is
required to open on signal for the passage of commercial and emergency
vessels and on the hour and half for all other vessels. The Norfolk
Southern Railroad Bridge, mile 1.5, is authorized to operate remotely,
and is required to open on signal from April 1 through November 30 from
7 a.m. to 11 p.m. and requires a 24-hour advance notice outside of this
time.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Coast Guard is also issuing new rules that will help mariners
signal for and anticipate bridge openings.
On a typical summer weekend over thirty vessels can be seen waiting
at the bridge for an opening while there is no train crossing the
bridge. Mariners repeatedly expressed uncertainty regarding how to
request an opening citing poor radio communications with the bridge and
vague signage at the bridge which does not explain how to request a
bridge opening. This new regulation will require the remote drawtender
to monitor and answer a telephone in addition to the other signals
required by regulation to help improve communications at the bridge,
reducing unnecessary delays and the risks posed by poor communications.
IV. Discussion of Comments, Changes, and the Final Rule
The Coast Guard did not receive any comments from the NPRM.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of 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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, it 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 the
requirement for signage has been in effect since April 24, 1984 (49 FR
17452), without any complaint to the burden of cost to the bridge
owner.
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 did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 V. A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship
[[Page 14746]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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. 117.847 to read as follows:
Sec. 117.847 Ashtabula River.
(a) The draw of the Fifth Street Bridge, mile 1.4, over the
Ashtabula River shall open on signal for the passage of vessels on the
hour and half hour, except from October 10 through May 1 when no
drawtender is required to be in attendance and the bridge will open on
signal with a 12-hour advance notice from vessels.
(b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5,
over the Ashtabula River shall open on signal and may be remotely
operated. The bridge owner shall maintain and monitor a 2-way public
address system, VHF-FM Marine Radio, and telephone. From October 10
through May 1 the bridge will open on signal with a 12-hour advance
notice from vessels. The bridge shall display a sign readable from
vessels approaching the bridge from upriver or down river and readable
for 500 feet that states: the name of the bridge; the river mile; that
the bridge is remotely operated; and that mariners may signal the
bridge to open by sounding one prolonged blast followed by one short
blast of the horn, calling via VHF-FM Marine Radio Channel 16, or by
calling the number posted by the owner. The sign shall also include
language notifying mariners that from October 10 through May 1 the
bridge requires a 12-hour advance notice for openings by calling the
number posted by the owner.
Johnathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-04274 Filed 2-28-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 29, 2024.
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.