33 CFR § 117.5 - When the drawbridge must open.
Except as otherwise authorized or required by this part, drawbridges must open promptly and fully for the passage of vessels when a request or signal to open is given in accordance with this subpart.
No person shall unreasonably delay the opening of a draw after the signals required by § 117.15 have been given.
Trains are usually controlled by the block method. That is, the track is divided into blocks or segments of a mile or more in length. When a train is in a block with a drawbridge, the draw may not be able to open until the train has passed out of the block and the yardmaster or other manager has “unlocked” the drawbridge controls. The maximum time permitted for delay is defined in Subpart B for each affected bridge. Land and water traffic should pass over or through the draw as soon as possible in order to prevent unnecessary delays in the opening and closure of the draw.
No specific instructions are shown for the Cuyahoga River in subpart B. There are instructions regarding the Sandusky Bay and Ashtabula River draws.
Seems to me that Norfolk Southern is opening itself up to legal and financial liabilities with their actions.
The US Coast Guard is the agency charged with enforcement in this case.
