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I wonder whether any of the affected parties has filed a complaint with the US Coast Guard? I believe they are responsible for enforcing Code of Federal Regulations, Part 117 titled "Drawbridge Operation Regulations" which includes limits on the obstruction of navigable waterways. They tend to look unkindly on this type of behavior.

there is a plan to shift the lakefront traffic [chicago line] over to the former nickle plate lines. that bridge also crosses the river ,but at a much higher elevation.it  would need a couple of connections and some new track put down to make it work. the city and the businesses along the river support this proposal ,but  NS is not thrilled about the idea.

33 CFR § 117.5 - When the drawbridge must open.

§ 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.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]
§ 117.9 Delaying opening of a draw.

No person shall unreasonably delay the opening of a draw after the signals required by § 117.15 have been given.

Note:

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.

Last edited by Nick Chillianis

To those that may have some inside information or are local, please keep us informed.  According to the Encyclopedia of Cleveland History, the new channel was dug in 1827 which is what bridge 1 crosses currently, so the railroad definitely came last.  IIRC the old channel and original opening into lLake Erie is well west where the Erie dock used to be.

John:

I doubt NS gives a flip about public opinion.  There is another thread on Trainorders indicating NS is simply ignoring a PENNDOT directive to raise clearances on a Reading line bridge the railroad modified a few years back.

And; if you think back to earlier this year; NS went to court and had a local crossing ordinance overturned in Indiana.  They didn’t want anyone telling them how long they could block a crossing.

Curt

 

New Haven Joe posted:

There is a draw bridge in the SF Bay Area where the bridge is always up for boat traffic.  It is only lowered when a train is coming.  Perhaps this is a solution?  NH Joe

that works for a place where 2 or 3 trains a day cross........the NS mainline using the cuy. river drawbridge averages over 45-50 trains/day , about 2-3 per hour.....

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