[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 [www.gpo.gov]
[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 https://www.regulations.gov. 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 
[email protected].

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