Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH, 13412-13414 [2025-04917]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 55 (Monday, March 24, 2025)]
[Rules and Regulations]
[Pages 13412-13414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04917]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0185]
RIN 1625-AA09


Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is altering the operating regulations and 
signaling requirements that govern the Norfolk Southern Railroad 
Bridge, mile 3.5, over the Sandusky Bay.

DATES: This rule is effective April 23, 2025.

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-2023-0185) 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 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
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
MOU Memorandum of Understanding
MPH Miles Per Hour
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

    The Coast Guard published an NPRM on May 8, 2023, entitled 
Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH in the 
Federal Register, to seek comments on a proposed modification to the 
current operating schedule to the Norfolk Southern Railroad Bridge, 
mile 3.5, Sandusky Bay. 88 FR 29584. During the comment period, that 
ended on July 7, 2023, we received two comments.
    In addition to modernizing the regulation, this final rule will 
address two specific concerns of the Coast Guard as they relate to the 
operation of the Norfolk Southern Railroad Bridge, mile 3.5, and the 
responsiveness of drawtenders to marine traffic. The Coast Guard has 
received several complaints on the operations of the bridge, including, 
specifically, that the remote drawtender ignores telephone and radio 
calls from mariners. Sandusky Bay hosts over 12,000 registered 
recreational vessels a year and is home to the busiest amusement park 
in America. Federal, State, Local, and commercial search and rescue 
departments require dependable access to the Norfolk Southern Railroad 
Bridge, mile 3.5, to reach emergencies on both sides of Sandusky Bay. 
Emergency responders and the greater public need a simple, reliable, 
and consistent method for requesting bridge openings.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.

IV. Discussion of Comments, Changes and the Final Rule

    Of the two comments received from bridge owner, Norfolk Southern, 
one comment requested an extension to the comment period and the other 
comment was in opposition to many aspects of the proposed rule.
    Norfolk Southern's position outlined in their comment makes train 
operations paramount to all other considerations. The intent of this 
regulation, as well as the Coast Guard's broader congressionally 
mandated duty to regulate the operation of bridges, is simple: to 
provide for the reasonable needs of navigation at the bridge. See 33 
CFR 114.10. However, bridges cannot unreasonably obstruct the free 
navigation of the waters over which they are constructed. 33 U.S.C. 
494. A bridge is a permitted obstruction to navigation, but it is only 
allowed to remain across the waterway if it provides for the reasonable 
need of navigation. See 33 CFR 114.10.
    Norfolk Southern alleges that we have failed to engage them on this 
issue before starting a rulemaking. On the contrary, we have engaged 
Norfolk Southern each time a mariner reports an unreasonable delay to a 
bridge opening and have reiterated the need for prompt openings and 
improved communication with the public. We have also conveyed this need 
at regularly scheduled monthly meetings with Norfolk Southern where we 
have continually asserted the long-standing legal requirement to 
provide timely bridge openings to satisfy the reasonable needs of 
navigation. We have also provided Norfolk Southern notice and 
reasonable opportunity to be heard through the present NPRM. See 88 FR 
29584.
    Norfolk Southern asserted that the Coast Guard's bridge regulations 
and requirements will jeopardize the safety of train crews and 
equipment. The Coast Guard disagrees. Railroads across the country 
operate trains over movable bridges every day without loss of life or 
equipment. There is no evidence that Norfolk Southern is at a 
disadvantage to any competitor in the region or that Norfolk Southern 
will suffer any decreased ability to cross bridges safely

[[Page 13413]]

while following the bridge statutes of the United States.
    Norfolk Southern also asserts that the Coast Guard's regulatory 
actions improperly violate or pre-empt bridge regulations of other 
federal agencies. However, the Coast Guard's authority to regulate 
bridges has been well established since at least 1894 and those 
authorities have been recognized by Congress in 33 U.S.C. 499. This 
regulation is squarely within long-standing Coast Guard authority and 
does not conflict with the authorities of any other federal agency.
    A reasonable balance between modes of transportation must be 
maintained. The mechanism for balancing respective need is found within 
federal statutes. Consistent with their delegated authority in 33 CFR 
1.05-1(e), in 33 CFR part 117 subpart B, the Coast Guard District 
Commander has created permanent specific requirements for operation of 
individual drawbridges that are in addition to or vary from existing 
general bridge regulations found in 33 CFR part 117, subpart A. See 33 
CFR 114.10; 117.8. For example, in 2009, the Coast Guard Ninth District 
Commander authorized the Norfolk Southern Railroad Bridge, mile 3.5, to 
operate remotely, and, in the winter, to operate with an advance 
notice. 74 FR 63610.
    Norfolk Southern alleges that this rule impermissibly regulates 
employment of ``wind blocker'' rail cars, which are rails cars which 
are occasionally parked on bridges to block high winds in an effort to 
provide protection to moving trains running on parallel tracks. 
However, the Coast Guard implements this rule to prevent unreasonable 
obstructions to maritime navigation. All trains, including trains 
utilized as wind blockers, can present unreasonable delays to maritime 
navigation when they are not removed in a timely fashion. Therefore, if 
Norfolk Southern maintains the capacity for timely removal when a 
vessel signals for a bridge opening, then Norfolk Southern may place a 
wind blocker on the bridge anytime they wish. In the alternative, if 
Norfolk Southern wants to remove the train crew and operate the bridge 
with a deviation to open with advance notice, that deviation must be 
listed in 33 CFR part 117 subpart B, or they must first receive a 
temporary letter of authorization from the Coast Guard District 
Commander.
    The most readily apparent problem at mechanical bridges is 
communication breakdowns. Whether the breakdowns are between the 
mariners and the drawtenders, or between the drawtenders and the train 
dispatchers, communications require improvement to ensure timely bridge 
openings. The placement of appropriate signage advising the public of 
means of communication with drawtenders at bridges where there are high 
volumes of recreational boaters, the required use of telephones by 
drawtenders at bridges, and the continuous review of remote bridge 
operations are all positive steps towards enhanced bridge operations, 
which both ensure the right of navigation on waterways while providing 
for efficient land transportation.
    At Norfolk Southern's request, we will rescind the permanent 
deviation allowing them to use a wind blocker that was included in the 
NPRM. This will require Norfolk Southern to provide the Ninth District 
Commander's staff a request, in writing and in accordance with 33 CFR 
117.35, for any temporary deviation to the bridge regulations. These 
requests may be made electronically to the Ninth District Bridge 
Manager: Mr. W. Blair Stanifer, email [email protected] or 
email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard 
District; email [email protected]. Requests should be made with at 
least seventy-hours advance notice to allow adequate time to process 
their request and to advertise the temporary deviation to the mariners.
    The bridge is remotely operated by the drawtender at the Toledo 
bridge, that is already required to maintain and answer a telephone. 
That number will be made available to the boaters of Sandusky Bay to 
call to request a bridge opening. Additionally, because the remote 
drawtender in Toledo operates three bridges, the new signage at the 
bridge will state the name of the bridge to improve boaters' ability to 
identify the bridge from which they are requesting an opening.
    The drawtender will still be responsible for receiving visual and 
sound signals from vessels as required in 33 CFR 117, and by radio 
telephone as required in the original remote operations authorization, 
but the addition of a telephone as an approved means of communications 
will make requesting bridge openings easier because the ease of use in 
mobile telephone devices is more popular than marine band radios.

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. 
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 advance 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-

[[Page 13414]]

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.
    We did not receive any comments from 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. We did not receive any comments from State, local, or 
Tribal governments.

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 Department of Homeland 
Security Management Directive 023-01, Rev.1, Table 1, and 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; and DHS Delegation No. 
00170.1. Revision No. 01.3.


0
2. Revise Sec.  117.853 to read as follows:


Sec.  117.853  Sandusky Bay.

    The draw of the Norfolk Southern Railroad Bridge, mile 3.5, is 
remotely operated, and is required, in addition to the other signals, 
to operate a radiotelephone and telephone and shall open on signal; 
except from October 31 through March 31 when it will open on signal if 
provided a 12-hours advance notice of arrival.

    Dated: February 13, 2025.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2025-04917 Filed 3-21-25; 8:45 am]
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