[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9408]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-93-036]

 

Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations 
governing bridges over the Chicago River System which are owned and 
operated by the City of Chicago. This final rule expands the periods of 
time when Chicago's highway bridges need not open for the passage of 
recreational vessels, establishes a specific number of recreational 
vessels that will be required to gather in order for the bridges to 
open, and requires recreational vessel owner/operators or their 
representatives to give notice in advance of a vessel's time of 
intended passage through the draws. Additionally, the period of time 
during the winter months when the bridges need open only after 
receiving an advance notice is expanded. This final rule also adds a 
Wednesday opening for the passage of recreational vessels during the 
Spring break-out period (April 15-June 15). This final rule also adds 
the Madison Street bridge to the bridge list for the South Branch. The 
Madison Street Bridge was inadvertently left out of the Notice of 
Proposed Rulemaking. This action will accommodate the needs of vehicle 
traffic while providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on April 18, 1994.

ADDRESSES: Unless otherwise indicated, documents referenced in this 
preamble are available for inspection and copying at the office of the 
Commander (obr), Ninth Coast Guard District, 1240 East Ninth Street, 
Cleveland, Ohio 44199-2060, between 6:30 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (216) 
522-3993 for information.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert W. Bloom, Jr., Bridge Program Manager, Ninth Coast Guard 
District, (212) 522-3993.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Robert W. Bloom, Jr., Project Manager, and Commander J.M. Collin, 
Project Counsel.

Regulatory History

    On May 12, 1993, the Coast Guard published 58 FR 27933, a deviation 
from the permanent rule to allow the City of Chicago to reduce the 
periods during which the draws must be opened for recreational vessels, 
to require advance notice for opening and to require the recreational 
vessels to be organized in flotillas of five to twenty-five vessels for 
passage. Subsequent deviations were published on June 16 (58 FR 33191), 
August 12 (58 FR 42856), October 21 (58 FR 54289) and November 29 (58 
FR 62532).
    On Wednesday, December 22, 1993, the Coast Guard published a notice 
of proposed rulemaking and notice of public hearing entitled Drawbridge 
Operation Regulations: Chicago River, IL. (58 FR 67745). The comment 
period ended February 7, 1994. The Commander, Ninth Coast Guard 
District, also published the proposed regulation change as a Public 
Notice on December 17, 1993, with a comment period ending January 22, 
1994. The Coast Guard received 132 letters commenting on the proposal. 
Additionally, the Commander, Ninth Coast Guard District held a public 
hearing on January 20, 1994, in Chicago, Illinois. There were 107 
persons in attendance at the public hearing, of whom 32 made oral 
statements and/or furnished data on the proposed regulations.

Background and Purpose

    Presently, the bridges owned and operated by the City of Chicago 
are governed in accordance with 33 CFR 117.391 which allows draws to 
remain closed through the peak vehicle traffic periods during the 
morning and afternoon rush hours. In addition, certain bridges need not 
open for the passage of vessels unless notice is given in advance of a 
vessel's intended time of passage through the draws. The City of 
Chicago has requested that, from April 1 through November 30, the 
bridges which cross the Chicago River and the Chicago River Branches 
not be required to open for the passage of recreational vessels except 
between the hours of 6:30 p.m. and 12 midnight on Tuesdays and 
Thursdays, and between the hours of 7 a.m. and 7 p.m. on Saturdays and 
Sundays. During these times, the bridges would not be required to open 
unless there are no fewer than five recreational vessels and not more 
than twenty-five recreational vessels available to transit during the 
opening and these vessels have given at least twenty-four hours advance 
notice of their requested time of passage through the draws. From 
December 1 through March 31, the draws of the highway bridges across 
the Chicago River, the North Branch of the Chicago River, North Branch 
Canal, and the South Branch of the Chicago River shall open on signal 
for all vessels if notice is given at least 12 hours in advance of a 
vessel's time of intended passage through the draws. On December 22, 
1993, the Coast Guard issued a Notice of Proposed Rulemaking to change 
the permanent operating schedules for the Chicago River bridges. This 
NPRM contained no weekday daytime openings, but did provide a 12-hour 
opening period on Saturdays and Sundays, as well as a 6:30 p.m. to 
midnight opening period on Tuesdays and Thursdays.

Discussion of Comments and Changes

    From the 132 comments received from the Public Notice, 35 
commenters were in support of limiting the openings of the Chicago 
bridges for recreational vessels, and 97 were opposed to limiting the 
openings of bridges for recreational vessels. The comments in support 
of the proposal were from managers of businesses, building managers and 
officials from various Departments of the City of Chicago. Reasons for 
support of the proposed regulations change submitted were: A proposal 
to build a Chicago Central Area Circulator, a light rail system, that 
will be used to transport people within the Chicago Loop; disruption of 
vehicle and pedestrian traffic when bridges open for the passage of 
vessels during the day; the movement of emergency vehicles (fire, 
ambulance, police) that could allow response time when a bridge is open 
for the passage of vessels; the cost of manpower to open the bridges; 
additional air pollution caused while vehicles are stopped during 
bridge openings; and the disruption of deliveries made to and from 
various business interests within the loop during business hours.
    The comments opposing the proposed bridge operating regulations 
were concerned with unsafe conditions because the two weekday openings 
begin when there are but a few hours of daylight left. Boaters do not 
reach Lake Michigan and do not reach their respective marinas along the 
Lake Michigan Coast until late at night or early morning hours when 
there is total darkness. In addition, these comments are concerned with 
unsafe conditions associated with the mass of vessels that are required 
to gather in order to have the bridge open. The large number of vessels 
during periods of darkness has caused some minor accidents among 
boaters on previous trips and they feel, should a serious accident 
occur, or someone fall overboard, the night trips would cause a loss of 
life because it is more difficult to locate a person in the water and 
conduct rescue operations when it is dark. Other comments received in 
opposition of the proposed regulations showed concerns with the 
inability of bridgetenders to see when all vessels have cleared the 
bridge, the loss of accessibility to the boatyards for normal and 
emergency vessel repairs, floating debris, unsafe seawalls and 
submerged pilings in the water that are not visible during periods of 
darkness, the additional cost, and the availability of professional 
help when a vessel needs towing or is in need of emergency repairs 
during late evening or early morning hours.
    Commenters were also opposed to the proposal stating the inability 
of the City of Chicago, and the lack of personnel available, to move 
the mass of boaters in or out of the Chicago River System in a timely 
manner. Many of the commenters requested that the Coast Guard, when 
considering a final regulation, protect their right to navigate on a 
federally controlled waterway in a safe and timely manner, and develop 
a regulation that meets the interests of all parties, both land and 
waterborne traffic.
    From the comments and data received in support of not opening the 
City of Chicago bridges for the passage of recreational vessels on 
weekdays during the day, the proposed Central Area Circulator was a 
point considered for not opening the bridges during this period of 
time. However, this light rail system is still in the planning and 
funding stages and, at this point in time, daytime bridge openings will 
have no effect on a transportation system not yet in place.
    Of the 32 oral statements and data submitted at the Public Hearing, 
8 were in support of limiting the openings of the Chicago bridges for 
recreational vessels, and 23 were opposed to limiting the openings of 
bridges for recreational vessels.
    After a review of the comments, the Coast Guard, to maintain safety 
on a navigable water of the United States, and to protect the economic 
benefit of the river infrastructure, has added a Wednesday daytime 
opening period (11 a.m.-2 p.m.), 117.391(b)(1) during the Spring 
Breakout (April 15 through June 15). The Wednesday daytime opening will 
give recreational boaters the opportunity to transit through the 
Chicago River System during daylight during the week. Also, the 
Wednesday daytime opening will give the mariner the alternative to 
transit the river during the week if a scheduled daytime trip on 
Saturday or Sunday is delayed or postponed due to a special event 
bridge closure, bridge failure, or bad weather.
    One of the primary concerns of this rulemaking is the regulation on 
the draws during the Spring Breakout period, from April 15 through June 
15. The Coast Guard has determined that delay in implementing this rule 
would be contrary to the public interest, and that good cause exists to 
make this rule effective in fewer than 30 days after publication in the 
Federal Register. In order that the new regulations be fully 
implemented during the 1994 Spring Breakout, this rule is being made 
effective on April 18, 1994.

Regulatory Evaluation

    This rule is not major under Executive Order 12886 and not 
significant under the Department of Transportation Regulatory Policies 
and Procedures (44 FR 11040; February 26, 1979). The Coast Guard 
expects the economic impact of this rule to be so minimal that a 
Regulatory Evaluation is unnecessary. This change to the operating 
regulations for bridges over the Chicago River System allows 
recreational vessels to navigate the Chicago River System during the 
times specified by these regulations, after having given an advance 
notice to the City of Chicago.

Small Entities

    This rule will provide boaters with adequate windows of time to 
transit to and from their respective boatyards while providing the City 
of Chicago with relief during times when there is more than normal 
activity in the City. Therefore, the Coast Guard certifies under 605(b) 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this 
proposal will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.g.5 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement has been prepared and placed in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard amends 33 CFR 
117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.391 is revised to read as follows:


Sec. 117.391  Chicago River.

    The draws of bridges operated by the City of Chicago shall operate 
as follows:
    (a) For commercial vessels:
    (1) From April 1 through November 30--
    (i) The draws of the bridges across the Chicago River from its 
mouth to the junction of the North and South Branches, across the South 
Branch from the junction to and including the West Roosevelt Road, and 
across the North Branch to and including North Kinzie Street and the 
Ohio Street bridge shall open on signal; except that, from Monday 
through Friday from 7:30 a.m. to 10 a.m., and 4 p.m. to 6:30 p.m., the 
draws need not be opened for the passage of vessels.
    (ii) The draws of the bridges across the North Branch of the 
Chicago River at Grand Avenue, the bridges across the North Branch of 
the Chicago River north of the Ohio Street bridge to and including 
North Halsted Street, and bridges across the South Branch of the 
Chicago River above South Halsted Street to and including West 
Roosevelt Road, shall open on signal; except that, from Monday through 
Friday from 7 a.m. to 8 a.m. and 5:30 p.m. to 6:30 p.m., the draws need 
not open for the passage of vessels.
    (iii) The draws of the bridges across the North Branch of the 
Chicago River north of North Halsted Street and the South Branch of the 
Chicago River south of South Halsted Street shall open on signal; 
except that, from 7 a.m. to 8 a.m. and 5:30 p.m. to 6:30 p.m. the draws 
need not be opened for the passage of vessels.
    (iv) The draws of the Randolph Street, Cermak Road, Throop Street, 
and Loomis Street bridges across the South Branch of the Chicago River, 
the North Halsted Street bridge across the North Branch Canal, and the 
West Kinzie Street bridge across the North Branch of the Chicago River 
shall open on signal.
    (v) The draws of the following bridges in Chicago shall open on 
signal if tended or within 30 minutes after notice is given to the City 
of Chicago Bridge Desk:

South Branch

Washington Street
Madison Street
Monroe Street
Adams Street
Jackson Boulevard
Van Buren Street
Congress Street (Eisenhower Expressway)
Harrison Street
Roosevelt Road
Eighteenth Street
Canal Street
South Halsted Street

West Fork of the South Branch

South Ashland Avenue
South Damen Avenue

Chicago River, North Branch

Grand Avenue
Chicago Avenue
North Halsted Street
Ogden Avenue
Division Street

North Branch Canal

Ogden Avenue
Division Street

    (vi) The draws of bridges across the North Branch Canal that have a 
vertical Clearance of less than 17 feet above Low Water Datum for Lake 
Michigan shall open at any time to permit the passage of tugs and 
barges.
    (2) From December 1 through March 31, the draws of the highway 
bridges across the Chicago River, the North Branch of the Chicago 
River, North Branch Canal, and the South Branch of the Chicago River 
shall open on signal if at least 12 hours notice is given. However, the 
bridges need not open during those periods of time specified in 
(a)(1)(i), (ii) and (iii) of this section.
    (b) For recreational vessels, the draws of the City of Chicago 
owned bridges shall operate as follows:

Main Branch

Lake Shore Drive
Columbus Drive
Michigan Avenue
Wabash Avenue
State Street
Dearborn Street
Clark Street
LaSalle Street
Wells Street
Franklin-Orleans Street

South Branch

Lake Street
Randolph Street
Washington Street
Monroe Street
Madison Street
Adams Street
Jackson Boulevard
Van Buren Street
Eisenhower Expressway
Harrison Street
Roosevelt Road
18th Street
Canal Street
South Halsted Street
South Loomis Street
South Ashland Avenue

North Branch

Grand Avenue
Ohio Street
Chicago Avenue
N Halsted Street

    (1) From April 1 through November 30--
    (i) The draws need to open only between the hours of 6:30 p.m. and 
12 midnight on Tuesdays and Thursdays.
    (ii) The draws need to open only between the hours of 7 a.m. and 7 
p.m. on Saturdays and on Sundays.
    (iii) From April 15 through June 15, the draws need to open on 
Wednesdays, only from 11 a.m. to 2 p.m.
    (iv) The draws need to open only after notice has been given at 
least 24 hours in advance of their requested time of passage and only 
during the periods of times specified in (b)(1) (i), (ii), (iii) and 
(iv) of this section when no fewer than five vessels and not more than 
25 vessels are available to transit through the draws during one 
scheduled opening. However, when circumstances preclude being able to 
assemble the minimum number of vessels, requests shall be made to the 
Chicago Bridge Desk to establish a scheduled time for bridge openings. 
Circumstances include vessels returning for repair and vessels in 
distress.
    (2) From December 1 through March 31, the draws of the highway 
bridges across the Chicago River, the North Branch of the Chicago 
River, North Branch Canal, and the South Branch of the Chicago River 
shall open on signal if at least 12 hours notice is given.
    (c) The draws on the Lake Shore Drive bridge across Ogden Slip need 
not be opened for the passage of vessels.
    (d) The draws of the North Avenue, Cortland Street, Webster Avenue, 
North Ashland Avenue, Chicago and Northwestern railroad, North Damen 
Avenue, and Belmont Avenue bridges across the North Branch of the 
Chicago River need not open for the passage of vessels.
    (e) The draw of the Chicago, Milwaukee, St. Paul and Pacific 
railroad bridge across the North Branch Canal need not open for the 
passage of vessels.
    (f) The opening signal for all Chicago River bridges is three short 
blasts or by shouting; except that, four short blasts is the opening 
signal for the Chicago and Northwestern railroad bridge near West 
Kinzie Street and the Milwaukee Road bridge near West North Avenue and 
five short blasts is the opening signal for the Lake Shore Bridge when 
approaching from the north.

    Dated: April 13, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-9408 Filed 4-14-94; 1:46 pm]
BILLING CODE 4910-14-M