[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