[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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