[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32709-32713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10731]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a new operating schedule to 
govern all movable bridges over the Cuyahoga River. The Coast Guard is 
also proposing new rules that will assist mariners signal for and 
anticipate bridge openings. Mariners have raised concerns to the Ninth 
Coast Guard District Commander regarding the safety and consistency of 
moveable bridge operations on the Cuyahoga River. These additions are 
proposed in response to those concerns. We invite your comments on this 
proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or 
before July 21, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0188 using Federal Decision-Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email If you have questions on this temporary 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
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, Purpose, and Legal Basis

    The Cuyahoga River is over 100-miles in length and empties into 
Lake Erie at Cleveland, Ohio, but only the last 7-miles of the river 
are considered navigable for interstate commerce purposes. The Cuyahoga 
River system consists of the Cuyahoga River and the Old River Channel, 
the original outflow channel of the Cuyahoga River. The Cuyahoga River 
has multiple sharp bends that make visibility down river impossible and 
is designated as an American Heritage River by Executive Order 13061.
    Twenty-four bridges cross the Cuyahoga River. These bridges 
accommodate small powered and non-powered recreational vessels, along 
with large commercial vessels of up to 700 feet in length.
    The Cuyahoga River is considered one of the major industrial 
centers in the Great Lakes and handles several commodities for domestic 
and international commerce, including steel, heavy machinery, dry and 
liquid bulk products, and salt.
    The United States and Canadian Coast Guard conduct fall and spring 
ice-breaking operations in the Cuyahoga River, depending on shipping 
schedules and weather conditions.
    Heavy recreational traffic is concentrated in the Old River and on 
the Cuyahoga River up to mile 2.42 during the summer.
    All vertical clearances over the Cuyahoga River and Old River 
Channel are based on IGLD85. Two bridges cross the Old River Channel:
    1. The CSX Railroad Bridge, mile 0.89, is a single leaf bascule 
bridge that provides a horizontal clearance of 170-feet and a vertical 
clearance of 6-feet in the closed position and an unlimited clearance 
in the open position. This bridge is maintained in the open position.
    2. The Willow Avenue Bridge, mile 1.02, is a vertical lift bridge 
that provides a horizontal clearance of 150-feet and a vertical 
clearance of 12-feet in the closed position and 98 feet in the open 
position.

[[Page 32710]]

    Twenty-two bridges cross the Cuyahoga River:
    1. The Norfolk Southern Railroad Bridge, mile 0.76, also known as 
``The Iron Curtain'' or ``NS1'' is a vertical lift bridge that provides 
a horizontal clearance of 250-feet and a vertical clearance of 8-feet 
in the closed position and 98-feet in the open position.
    2. The Main Avenue Viaduct, mile 1.01, is a fixed bridge with a 
horizontal clearance of 218-feet and a vertical clearance of 92-feet, 
but 97-feet is available in the center 182-feet of the span.
    3. The CSX Railroad Bridge, mile 1.28, is a single leaf bascule 
bridge that provides a horizontal clearance of 229-feet and a vertical 
clearance of 8-feet in the closed position and an unlimited clearance 
in the open position. This bridge is normally maintained in the open 
position.
    4. The Center Street Bridge, mile 1.28, is a bob-tail swing bridge 
that provides a horizontal clearance of 113-feet and a vertical 
clearance of 17-feet in the closed position and an unlimited clearance 
in the open positions.
    5. The Detroit-Superior Viaduct, mile 1.42, is a fixed bridge that 
provides a horizontal clearance of 113-feet and a vertical clearance of 
98-feet.
    6. The Union Terminal Viaduct, mile 1.89, is a fixed bridge that 
provides a horizontal clearance of 200-feet and a vertical clearance of 
98-feet.
    7. The Columbus Road Bridge, mile 1.93, is a vertical lift bridge 
that provides a horizontal clearance of 220-feet and a vertical 
clearance of 17-feet in the closed position and 98-feet in the open 
position.
    8. The Flats Industrial Railroad Bridge, mile 2.24, is a vertical 
lift bridge that provides a horizontal clearance of 200-feet and a 
vertical clearance of 8-feet in the closed position and 97-feet in the 
open position.
    9. The City of Cleveland Railroad Bridge, mile 2.42, is a vertical 
lift bridge that provides a horizontal clearance of 200-feet and a 
vertical clearance of 23-feet in the closed position and 98-feet in the 
open position.
    10. The Carter Road Bridge, mile 2.43, is a vertical lift bridge 
that provides a horizontal clearance of 201-feet and a vertical 
clearance of 22-feet in the closed position and 97-feet in the open 
position.
    11. The Eagle Avenue Bridge, mile 2.80, is a vertical lift bridge 
that provides a horizontal clearance of 187-feet and a vertical 
clearance of 15-feet in the closed position and 97-feet in the open 
position. This bridge has been maintained in the open position for over 
15 years and plans are being made for its complete removal by winter of 
2025.
    12. The Hope Memorial Bridge, mile 3.14, is a fixed bridge that 
provides a horizontal clearance of 178-feet and a vertical clearance of 
96-feet.
    13. The Norfolk Southern Railroad Bridge also known as ``NS2'' or 
``Nickle Plate'' or ``The Trestle Bridge'', mile 3.34, is a vertical 
lift bridge that provides a horizontal clearance of 200-feet and a 
vertical clearance of 64-feet in the closed position and 97-feet in the 
open position.
    14. The Inner Belt Freeway Bridge, mile 3.42, is a fixed bridge 
that provides a horizontal clearance of 230-feet and a vertical 
clearance of 93-feet.
    15. The West 3rd Street Bridge, mile 3.42, is a vertical lift 
bridge that provides a horizontal clearance of 200-feet and a vertical 
clearance of 10-feet in the closed position and 97-feet in the open 
position.
    16. The CSX Railroad Bridge, mile 4.75, is a single leaf bascule 
bridge that provides a horizontal clearance of 110-feet and a vertical 
clearance of 10-feet in the closed position and an unlimited clearance 
in the open position. This bridge is normally maintained in the open 
position, except when trains cross the river.
    17. The I-490 Bridge, mile 4.79, is a fixed bridge that provides a 
horizontal clearance of 110-feet and a vertical clearance of 101-feet.
    18. An Overhead Conveyor Bridge, mile 5.35, is a fixed bridge that 
provides a horizontal clearance of 210-feet and a vertical clearance of 
99-feet.
    19. The Cleveland Cliffs Railroad Bridge #1, mile 5.42, is a single 
leaf bascule bridge that provides a horizontal clearance of 129-feet 
and a vertical clearance of 15-feet in the closed position and an 
unlimited clearance in the open position.
    20. The Wheeling & Lake Erie Railroad Bridge, mile 5.47, is a 
vertical lift bridge that provides a horizontal clearance of 200-feet 
and a vertical clearance of 28-feet in the closed position and 97-feet 
in the open position.
    21. The Norfolk Southern Railroad Bridge, mile 6.07, is a fixed 
bridge that provides a horizontal clearance of 27-feet and a vertical 
clearance of 14-feet.
    22. The Cleveland Cliffs Railroad Bridge #2, mile 6.09, is a fixed 
bridge that provides a horizontal clearance of 59-feet and a vertical 
clearance of 14-feet.
    The newly constructed Voinovich Pedestrian Bridge, at the mouth of 
North Coast Harbor, provides a horizontal clearance of 130-feet and a 
vertical clearance of 6-feet at center diminishing to 4-feet at channel 
edges with an unlimited clearance in the open position.

III. Discussion of Proposed Rule

    For 20 years, the Coast Guard has awarded winter operating 
deviations to all of the moveable highway bridges over the Cuyahoga 
River from mid-December to the end of March, allowing the bridges to 
open on signal if a 12-hour advance notice of arrival was received. We 
propose to make a permanent all-seasons rule for all movable bridges, 
except for the Norfolk Southern Railroad Bridge, mile 0.76, that, from 
December 15 through March 31 of each year each bridge will require a 
12-hours advance notice for openings. As already required under Sec.  
117.55, each bridge will be required to display a sign with the bridge 
name, river mile, and that from December 15 through March 31 the bridge 
requires a 12-hour advance notice. The signage will also include the 
correct number to provide the advance notice. We propose that the 
Norfolk Southern Railroad Bridge, mile 0.76, be exempted from the 
winter 12-hour advance notice and will be required to open on signal 
all year. Freighters need to pass through the Norfolk Southern Railroad 
Bridge, mile 0.76, to gain refuge from high winds and waves, and a 12-
hour delay would be considered unreasonable.
    During the 2018 PAWSA that is available on the https://navcen.uscg.gov site by visiting Cuyahoga_River_PAWSA_18_Dec_2018.pdf 
(uscg.gov) we learned that ``when the Norfolk Southern Railroad Bridge, 
mile 0.76, is closed, all inbound and out bound vessel traffic is 
halted. Congestion builds on both sides of the bridge as vessel 
operators wait for the bridge to open. Mariners drift and maneuver to 
maintain position, which increases the risk of collision.'' The PAWSA 
proposed a better means of communications between recreation and 
commercial vessels. These recommendations included: the posting of 
telephone number at the bridge that would be answered by the tender or 
dispatcher, posting of a countdown clock, and requiring a 
radiotelephone at the Norfolk Southern Railroad Bridge, mile 0.76. The 
recommendations sought to alleviate congestion, prevent possible 
collisions, and improve the flow of commerce.
    We reviewed complaints from mariners concerning the operation of 
the Norfolk Southern Railroad Bridge, mile 0.76, and discovered from 
2019 through 2022 a total of 291 complaints were received; 115 of the 
reports involved delays. For comparison, during

[[Page 32711]]

the same period, the Coast Guard received two complaints against the 
Willow Street Bridge, mile 1.02, and one complaint against the Norfolk 
Southern Railroad Bridge, mile 3.34. Most complaints cite as the 
perceived cause of delay, communication difficulties with the 
drawtender, or in the cases of Norfolk Southern, communication 
difficulties with the train dispatchers.
    In the PAWSA discussions related to reducing congestion near the 
Norfolk Southern Railroad Bridge, mile 0.76 and improving the overall 
experience for recreational vessels, it was recommended that the 
Norfolk Southern Railroad Bridge, mile 0.76, install an LED display 
(countdown clock) on both sides of the Norfolk Southern Railroad 
Bridge, mile 0.76, that would communicate the estimated wait time until 
the bridge lifts. These clocks were in use when the former owner of the 
Norfolk Southern Railroad Bridge, mile 0.76 operated the crossing. The 
Coast Guard is proposing the railroad reestablish the use of those 
clocks or install modern clock faces to communicate the time until next 
opening.
    To improve public safety, reduce vessel congestion at the bridge, 
and improve communication between the drawtender and the vessels, the 
Coast Guard proposes to require the Norfolk Southern Railroad Bridge, 
mile 0.76, to install and maintain signs visible from the upriver and 
downriver sides of the bridge. The size, type, and spacing of 
characters must conform to the standard alphabets for highway signs and 
be visible to vessels approaching the bridge from upriver or down river 
of the bridge and be readable at a minimum distance of 500 feet. To 
improve communications the Coast Guard will propose that the Norfolk 
Southern Railroad Bridge, mile 1.5, in addition to monitoring the 
signals listed in 33 CFR 117.15, operate and maintain a Radio Telephone 
as required under 33 CFR 117.23 and operate and maintain a telephone, 
whose number will be maintained on the appropriate signs at the bridge.
    Suggested signage would appear like this example:
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TP22MY23.004

    Under the proposal, all other movable bridges over the Cuyahoga 
River, the Old River, and at North Coast Harbor would be allowed to 
operate with a 12-hour advance notice from December 15th through March 
31st and would be required, in accordance with Sec.  117.55, to install 
and maintain signs visible from the upriver and downriver sides of the 
bridge. The size, type, and spacing of characters must conform to the 
standard alphabets for highway signs and be visible to vessels 
approaching the bridge from upriver or down river of the bridge and be 
readable at a minimum distance of 500 feet. The information on the 
signs must provide the name of the bridge and the river mile and 
include that the bridge opens on signal except from December 15 through 
March 31 when the bridge requires a 12-hour advance notice followed by 
instructions how to provide the advance notice.
    Suggested signage would appear like this example:

[[Page 32712]]

[GRAPHIC] [TIFF OMITTED] TP22MY23.005

BILLING CODE 9110-04-C

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian Tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1,

[[Page 32713]]

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 proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0188 in the 
search box and click ``Search.'' Next, look for this document in the 
``Search Results'' column, and click on it. Then click on the 
``Comment'' option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted, or a 
final rule is published of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland 
Security Delegation No. 00170.1, Revision No. 01.3.

0
2. Add Sec.  117.848 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 down river and readable for 500 
feet that states:
    (i) The name of the bridge;
    (ii) The river mile;
    (iii) That the bridge is remotely operated; and
    (iv) 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.

    Dated: May 15, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2023-10731 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P


