Rule2024-11608
Drawbridge Operation Regulation; Cuyahoga River, Cleveland, OH
Primary source
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Published
May 28, 2024
Effective
June 27, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is creating a new operating schedule to govern all movable bridges over the Cuyahoga River. The Coast Guard is also establishing new rules that will assist mariners signal for and anticipate bridge openings. These changes are expected to ensure the safe and efficient flow of traffic on the Cuyahoga River.
Full Text
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<title>Federal Register, Volume 89 Issue 103 (Tuesday, May 28, 2024)</title>
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[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Rules and Regulations]
[Pages 46021-46023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11608]
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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: Final rule.
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SUMMARY: The Coast Guard is creating a new operating schedule to govern
all movable bridges over the Cuyahoga River. The Coast Guard is also
establishing new rules that will assist mariners signal for and
anticipate bridge openings. These changes are expected to ensure the
safe and efficient flow of traffic on the Cuyahoga River.
DATES: This rule is effective June 27, 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 the
docket number (USCG-2023-0188) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
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#a3efc6c68de78df0ccd6cfc6e3d6d0c0c48dcecacf"><span class="__cf_email__" data-cfemail="90dcf5f5bed4bec3ffe5fcf5d0e5e3f3f7befdf9fc">[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
GBCA Greater Cleveland Boating Association
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 Information and Regulatory History
On May 22, 2023, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM), with a request for comments, entitled ``Drawbridge
Operation Regulation; Cuyahoga River, Cleveland, OH'' in the Federal
Register (88 FR 32709), to seek your comments on whether the Coast
Guard should consider modifying the current operating schedule.
During the comment period that ended July 21, 2023, we received
five comments. Those comments are addressed in Section IV of this final
rule.
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 establishing new rules that will help mariners
signal for and anticipate bridge openings. The Cuyahoga River is
considered one of the major industrial centers in the Great Lakes and
handles several commodities
[[Page 46022]]
for domestic and international commerce, including steel, heavy
machinery, dry and liquid bulk products, and salt. Heavy recreational
traffic is concentrated in the Old River and on the Cuyahoga River up
to mile 2.42 during the summer. This mix of large commercial vessels
and recreational vessels are a concern to the Coast Guard and mariners
alike. Mariners have raised concerns to the Ninth Coast Guard District
regarding the safety and consistency of moveable bridge operations on
the Cuyahoga River, specifically the Norfolk Southern Railroad Bridge,
at Mile 0.76.
The Norfolk Southern Railroad Bridge, at Mile 0.76, is locally
known as NS1. Mariners have complained for years that it is too slow to
lift for cruise ships, freighters, and recreational boats transiting
between the river and Lake Erie. The Coast Guard receives approximately
two hundred written formal and informal reports of unreasonable bridge
delays across the Great Lakes region each year; the vast majority
concern the Norfolk Southern Railroad Bridge, mile 0.76. Businesses in
the Cleveland Flats neighborhood, a neighborhood adjacent to the
Norfolk Southern Railroad Bridge, mile 0.76, have expressed that
problems at the bridge are getting worse. The increase is problems
appear to stem from increased recreational river traffic and as a
result of Norfolk Southern's decision to move the bridge's dispatch
center to Atlanta, Georgia. Local drawtenders maintain that their only
duty is to open the bridge when the dispatcher in Atlanta, Georgia
orders them to do so.
Emergency responders are also cautious when operating near Norfolk
Southern Railroad Bridge, at Mile 0 76. Norfolk Local police and the
Coast Guard patrol boats have expressed concern that their boats could
be trapped behind the bridge, thus delaying emergency response to
events on the other side.
Modern bridge regulations are needed to allow vessel operators the
opportunity to pass through the Cuyahoga River without loitering at the
bridges and causing a hazardous condition. These regulatory additions
were proposed in response to those concerns.
IV. Discussion of Comments, Changes, and the Final Rule
The conditions of the NPRM were supported by the comments received
from the Canadian Chamber of Marine Commerce.
The GBCA concurred with the requirements proposed in the NPRM,
including a clock countdown to notify mariners of the next opening of
the Norfolk Southern Railroad Bridge at Mile 0.76. The GBCA expressed
its dissatisfaction with operations at Norfolk Southern Railroad Bridge
at Mile 0.76. The GBCA noted that recreational vessels are often forced
to wait for a commercial vessel opening, as the bridge operators are
non-responsive to recreational traffic opening requests.
The American Waterways Operators is the tugboat, towboat, and barge
industry's advocate. They commented against requiring a countdown clock
and would prefer mandated scheduled openings for non-commercial vessels
to pass through the bridge. The Coast Guard weighed this option, but
elected to move forward with a countdown clock, as the clock best met
the needs of recreational boating community as it related to
transparency and improved communications.
Norfolk Southern Corporation commented that the Coast Guard did not
seek appropriate comment from Norfolk Southern prior to the release of
the NPRM. However, the Coast Guard has invited Norfolk Southern to area
and regional meetings, including monthly virtual meetings, and the
public meeting where the contemplated NPRM was discussed in open forum.
Norfolk Southern commented that they believe the use of a countdown
clock would cause an unsafe condition at the bridge because some
vessels may race to the bridge to take advantage of the pending
opening. To the extent that people may rush toward a bridge opening,
this is already happening: Large numbers of recreational boaters that
have been waiting at the bridge, often for over an hour and at times in
poor weather conditions, crowd the area and rush behind the commercial
traffic so they can return to their home docks. This problem is caused
primarily by Norfolk Southern Railroad Bridge's failure to respond to
requests for an opening. The Coast Guard believes that the
communication enhancements contained in this final rule, to include a
countdown clock, will overall improve safety by increasing Norfolk
Southern's transparency, communications and responsiveness as it
relates to the boating community.
Norfolk Southern has argued that rail dispatchers have no idea
where their trains are or how fast their trains are traveling, and thus
Norfolk Southern is unable to determine when a train will arrive at the
bridge, which would render a countdown clock to openings meaningless.
This comment is not consistent with the Coast Guard's experience as to
how railroad operators function.
Most public complaints concern communications between mariners and
the drawtenders, specifically the perceived lack of responsiveness by
the drawtenders when mariners request an opening or when they request
an update for time of the next opening. While the precise cause of each
individual public complaint is unclear, poor communications between the
Cleveland drawtender and the dispatcher in Atlanta may also contribute
to the problem.
This regulation, including a countdown clock, required posting of a
phone number, mandatory use of a VHF-FM Marine Radio by the drawtender,
and mandatory signage, are all efforts to improve safety and
communications between the drawtender and mariners.
The Coast Guard made a typographical error in the NPRM that would
require the new signage to indicate to the public that the bridge is
remotely operated language. However, the bridge is not currently
remotely operated, and the Coast Guard does not intend to require a
statement that the bridge is remotely operated.
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 or that the
additional communications requirements are a result in years of failure
for the boating public to contact the drawtender either because of
overcrowding on VHF-FM marine Channel 16 or other reasons not
forthcoming from the bridge employees.
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
[[Page 46023]]
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 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, 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.
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; DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 117.848 Cleveland Harbor 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 downriver and readable for 500
feet that states:
(i) the name of the bridge;
(ii) the river mile;
(iii) 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.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-11608 Filed 5-24-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 28, 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.