[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Rules and Regulations]
[Pages 24383-24385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07367]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0184]
RIN 1625-AA09


Drawbridge Operation Regulation; Maumee River, Toledo, 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 CSX Railroad Bridge, mile 1.07, the Wheeling and Lake Erie 
Railroad Bridge, mile 1.80, the Craig Memorial Bridge, mile 3.30, the 
Martin Luther King Jr. Memorial Bridge, mile 4.30, and the Norfolk 
Southern Railroad Bridge, mile 5.76, all over the Maumee River at 
Toledo, Ohio. The original regulation was published in 1986 and was 
amended over the years. The new operating schedule simplifies and 
clarifies operations and will reduce confusion for recreational vessels 
and drawtenders.

DATES: This rule is effective May 8, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2023-0184) 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 
[email protected].

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
ODOT Ohio Department of Transportation
PAWSA Ports and Waterway Safety Assessment
TMMS Traffic Monitoring Management System
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 27, 2023, the Coast Guard published a NPRM, with a request 
for comments, entitled ``Drawbridge Operation Regulation; Maumee River, 
Toledo, OH,'' in the Federal Register (88 FR 25572), to seek public 
comments on whether the Coast Guard should consider modifying the 
current operating schedules of the bridges.
    The Maumee River from the head of navigation to the mouth of the 
river is crossed by ten bridges, four of which are movable. The 
vertical clearance of all bridges on the Maumee River are based on LWD.
    The CSX Railroad Bridge, mile 1.07, is a swing bridge with a 
horizontal clearance of 143-feet in both left and right draws and a 
vertical clearance of 22-feet in the closed position and an unlimited 
clearance in the open position.
    The Wheeling and Lake Erie Railroad Bridge, mile 1.80, is a swing 
bridge with a horizontal clearance of 134-feet in both left and right 
draws and a vertical clearance of 20-feet in the closed position and an 
unlimited clearance in the open position.
    The Craig Memorial Bridge, mile 3.30, is a double leaf bascule 
bridge, that provides a horizontal clearance of 200-feet with a minimum 
vertical clearance of 34-feet with a vertical clearance of 44-feet 
available in the center 31-feet while in the closed position and an 
unlimited clearance in the open position.
    The Martin Luther King Jr. Memorial Bridge (prior to 1989, the 
Cherry Street Bridge), mile 4.30, is a double leaf bascule bridge, that 
provides a horizontal clearance of 200-feet with a minimum vertical 
clearance of 34-feet with a vertical clearance of 44-feet available in 
the center 31-feet while in the closed position and an unlimited 
clearance in the open position.
    The Norfolk Southern Railroad Bridge, mile 5.76, is a swing bridge 
with a horizontal clearance of 115-feet in both left and right draws 
and a vertical clearance of 17-feet in the closed position and an 
unlimited clearance in the open position.
    The CSX Railroad Bridge, mile 11.38, was a swing bridge with a 
horizontal clearance of 110-feet in both left and right draws and a 
vertical clearance of 53-feet in the closed position and an unlimited 
clearance in the open position. The bridge was allowed to remain closed 
by regulation when the upriver ship building facility closed. The 
bridge was removed in its entirety and at the District Commander's 
satisfaction in 2019.

[[Page 24384]]

    On November 3, 1986, we published in the Federal Register (51 FR 
39858) regulations for the Maumee River's movable bridges under 33 CFR 
117.855 (Maumee River) that included several schedules for the bridges. 
The schedules were intended to ease the travel of motorists across the 
bridges while still allowing recreational and commercial commerce to 
travel the river.
    During the comment period that ended June 26, 2023, we received two 
comments, and those comments are addressed in section IV.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
We will require a 12-hour advance notice from December 15 through March 
31. Each bridge owner will be responsible to provide to the District 
Commander an appropriate phone number to be advertised to the mariners 
in the Local Notice to Mariners and would be required to be included in 
the requirements of 33 CFR 117.55.
    In 2004, a new multilane fixed bridge was built at mile 3.25 that 
alleviated vehicle traffic congesting at the two double leaf highway 
bridges, significantly reducing the annual average vehicle counts at 
each bridge. The hourly restrictions imposed on recreational vessels 
will be eliminated due to the reduction in vehicle crossing numbers 
reported by the ODOT's Transportation Information Management System. 
Additionally, the reduction in recreational vessels with air drafts 
requiring bridge openings at either bridge crossing similarly renders 
the existing rush hour regulatory unnecessary.
    In the past three years, we have received sixty-six complaints of 
delays at three of the drawbridges over the Maumee River. These 
complaints include: three written complaints against the Craig memorial 
Bridge, mile 3.30; thirty-one written complaints against the CSX 
Railroad Bridge, mile 1.07; and thirty-two written complaints against 
the Norfolk Southern Railroad Bridge, mile 5.76. Most of the complaints 
against the two railroad bridges have been about a lack of 
communications between the vessels and the drawtender. Often the 
miscommunications have been between the drawtender and the railroad 
dispatchers. To improve communications, we will require all drawbridges 
over the Maumee River to maintain and operate a VHF-FM Marine Radio and 
in addition to the Marine Radio the Railroad Bridges at mile 1.07 and 
mile 5.76 will maintain and operate a telephone with a correct number 
to be placed on signage at the bridge.

IV. Discussion of Comments, Changes, and the Final Rule

    We received two comments on this regulation that supported the 
proposed changes as improving communications and the flow of vessels 
transiting the river. We did not make any changes in response to these 
supportive comments.

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.

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 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

[[Page 24385]]

$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.  117.855 to read as follows:


Sec.  117.855  Maumee River.

    (a) The draw of the CSX Railroad Bridge, mile 1.07, will open on 
signal, except that from December 15 through March 31 the bridge will 
require at least 12-hours advance notice. The bridge will operate and 
maintain a VHF-FM Marine Radio and a telephone number.
    (b) The draw of the Wheeling and Lake Erie Railroad Bridge, mile 
1.80, will open on signal, except that from December 15 through March 
31 the bridge will require at least 12-hours advance notice. The bridge 
will operate and maintain a VHF-FM Marine Radio.
    (c) The draw of the Craig Memorial Bridge, mile 3.30, will open on 
signal, except that from December 15 through March 31 the bridge will 
require at least 12-hours advance notice. The bridge will operate and 
maintain a VHF-FM Marine Radio.
    (d) The draw of the Martin Luther King Jr Memorial Bridge, mile 
4.30, will open on signal, except that from December 15 through March 
31 the bridge will require at least 12-hours advance notice. The bridge 
will operate and maintain a VHF-FM Marine Radio.
    (e) The draw of the Norfolk Southern Railroad Bridge, mile 5.76, 
will open on signal, except that from December 15 through March 31 the 
bridge will require at least 12-hours advance notice. The bridge will 
operate and maintain a VHF-FM Marine Radio and a telephone number.

Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-07367 Filed 4-5-24; 8:45 am]
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