Drawbridge Operation Regulation; Cuyahoga River, Cleveland, OH, 46021-46023 [2024-11608]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Rules and Regulations
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1602
RIN 3046–AB31
Amendment of Procedural and
Administrative Regulations To Include
the Pregnant Workers Fairness Act;
Corrections
Equal Employment
Opportunity Commission.
ACTION: Correcting amendments.
AGENCY:
On February 14, 2024, the
Equal Employment Opportunity
Commission (‘‘EEOC’’ or
‘‘Commission’’) published an interim
final rule amending its procedural and
recordkeeping regulations to include
references to the Pregnant Workers
Fairness Act (‘‘PWFA’’). That document
included a few references to the PWFA
in sections where they should not have
been included, and this document
removes those references from the
regulations.
DATES: Effective on May 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, at (202) 921–3240 or
kathleen.oram@eeoc.gov. Requests for
this notification in an alternative format
should be made to the Office of
Communications and Legislative Affairs
at (202) 921–3191 (voice), (800) 669–
6820 (TTY), or (844) 234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: The
Pregnant Workers Fairness Act, 42
U.S.C. 2000gg et seq., became law on
December 29, 2022, and was effective on
June 27, 2023. The PWFA at 42 U.S.C.
2000gg–2, adopted the enforcement
mechanisms and procedures of Title VII
of the Civil Rights Act of 1964 (‘‘Title
VII’’) and the Government Employee
Rights Act of 1991 (‘‘GERA’’), such that
these requirements also apply to the
PWFA. The Commission’s procedural
rules implementing all of these Title VII
and GERA provisions can be found at 29
CFR parts 1601–1603, 1610, 1611, 1614,
and 1626.
On February 14, 2024, the
Commission issued an interim final rule
amending these regulations to add
references to the PWFA in order to
implement the new law. See Interim
Final Rule; Request for Comments, 89
FR 11167.1 In the Interim Final Rule,
references to the PWFA were
inadvertently added to four subsections
pertaining to recordkeeping in part 1602
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SUMMARY:
1 The Commission corrected two typographical
errors in the interim final rule on February 23,
2024, at 89 FR 13617.
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16:13 May 24, 2024
Jkt 262001
without the Paperwork Reduction Act
(‘‘PRA’’) supporting materials pursuant
to 29 CFR 1320.11, or the opportunity
for a public hearing pursuant to 42
U.S.C. 2000e–8(c) (as incorporated into
the PWFA by 42 U.S.C. 2000gg–2).
Therefore, the addition of PWFA
references to these four subsections was
not effective, and this correction
removes them. These four subsections
are the only parts of the interim final
rule to be changed here, and the
remainder of the rule remains in effect.
List of Subjects in 29 CFR Part 1602
Administrative practice and
procedure, Equal employment
opportunity.
Accordingly, 29 CFR part 1602 is
corrected by making the following
correcting amendments:
PART 1602—RECORDKEEPING AND
REPORTING REQUIREMENTS UNDER
TITLE VII, THE ADA, GINA, AND THE
PWFA
1. The authority citation for part 1602
continues to read as follows:
■
Authority: 42 U.S.C. 2000e–8, 2000e–12;
44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42
U.S.C. 2000ff–6; 42 U.S.C. 2000gg–2.
§§ 1602.14, 1602.21, 1602.28, and 1602.31
[Amended]
2. Removing the words ‘‘title VII, the
ADA, GINA, or the PWFA’’ and adding
in their place the words ‘‘title VII, the
ADA, or GINA’’ wherever they appear in
the following places:
■ a. § 1602.14;
■ b. § 1602.21(b);
■ c. § 1602.28(a); and
■ d. § 1602.31.
■
46021
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.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2023–0188) 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 Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[Docket No. USCG–2023–0188]
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.
RIN 1625–AA09
III. Legal Authority and Need for Rule
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–11611 Filed 5–24–24; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Drawbridge Operation Regulation;
Cuyahoga River, Cleveland, OH
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is creating a
new operating schedule to govern all
SUMMARY:
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Fmt 4700
Sfmt 4700
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
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Rules and Regulations
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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
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Jkt 262001
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.
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Sfmt 4700
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
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Rules and Regulations
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).
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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
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16:13 May 24, 2024
Jkt 262001
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:
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46023
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
2. Add § 117.848 Cleveland Harbor to
read as follows:
■
§ 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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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2024-11608]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://www.regulations.gov. 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
[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
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
