[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26313]
[[Page Unknown]]
[Federal Register: October 24, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-94-033]
Drawbridge Operation Regulations; Chicago River, IL
AGENCY: Coast Guard, DOT.
ACTION: Notice of temporary deviation; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Commander, Ninth Coast Guard District, has authorized a
60-day deviation from the operation regulations for the draws of the
bridges over the Chicago River, IL. The deviation was authorized to
evaluate a drawbridge schedule with fewer required bridge openings
during the fall time period when most recreational vessels
traditionally return from Lake Michigan to the boat yards for winter
storage. This deviation was specifically crafted to reflect the spirit
of Department of Transportation strategic goals that encourage
effective intermodal system integration. The Coast Guard will review
comments received via this solicitation and the data gathered relating
to the effect of the draw schedule on vessel and motor vehicle
movements while the process to effect more permanent rulemaking is
initiated during the lull between seasons.
DATES: Effective Date: The deviation is effective from October 11,
1994, to December 5, 1994, unless sooner terminated by the District
Commander.
Comments: Comments must be received by January 15, 1995.
ADDRESSES: Comments may be mailed to Mr. Robert Bloom, Chief, Bridge
Branch Ninth Coast Guard District, 1240 E. Ninth St., Cleveland, Ohio
44199 or may be delivered to room 2083D at the same address between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (216) 522-3993. Comments will become part of this
docket and will be available for inspection or copying at room 2083D,
at the above address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Robert Bloom, (216) 522-3993.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to submit written
data or views concerning the schedule of draw openings during the
deviation period. Persons submitting comments should include their
names and addresses and identify this notice (CGD09-94-033). Please
submit two copies of all comments and attachments in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. Persons wanting acknowledgment of receipt of comments should
enclose stamped, self-addressed postcards or envelopes. The Coast Guard
will consider all comments received during the comment period.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Robert Bloom at the address under
ADDRESSES. The request should include the reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will be beneficial, the Coast Guard will hold a public
hearing at a time and place announced by a later notice in the Federal
Register.
The Coast Guard also requests comments on the use of ``negotiated
rulemaking'' (under the authority of the Federal Advisory Committee
Act, 5 U.S.C. App. 2) if it determines that a permanent change to the
draw schedule should be proposed.
In negotiated rulemakings, the affected parties and the public may
benefit from face-to-face negotiations, sharing of information, and
cooperation in developing and reaching agreement on the provisions of a
rule. Negotiated rulemaking procedures may be appropriate when: there
are a limited number of identifiable interested parties who would be
affected by the rule; there is a reasonable chance that balanced
representation can be reached on the committee and that it will
negotiate in good faith; there is likelihood of a committee consensus
in a fixed time period; the negotiating process will not unreasonably
delay the rule; and the agency can use the consensus of the committee
in formulating the NPRM.
The Coast Guard specifically requests comments on whether the above
criteria could be met with respect to a rulemaking to revise the draw
opening schedule of the draws over the Chicago River. The Coast Guard
also requests suggestions on which parties should be members of a
negotiated rulemaking committee. In those instances where a party would
be a governmental or corporate entity, the Coast Guard also requests
nominations of individual representatives for those entities.
Drafting Information
The principal persons involved in drafting this document are Robert
Bloom, Project Manager, Chief, Bridge Branch Ninth Coast Guard
District, and Commander James Collin, Project Counsel.
Background
Following notice and comment rulemaking, the Coast Guard
promulgated a final rule on April 18, 1994, establishing a new rule for
drawbridge operations on the Chicago River. On September 26, 1994, the
United States District Court for the District of Columbia issued an
order in the case of Crowley's Yacht Yard, Inc., Plaintiff, v. Federico
Pena, Secretary, United States Department of Transportation, Defendant,
Civil Action Number 94-1152 SSH, rescinding the Final Rule published on
April 18, 1994, and reinstating the previous regulations found at 33
CFR 117.391. The former regulations reinstituted by the District Court
provided for on-demand openings of drawbridges except during rush hour
periods. Further, the former regulations contained no requirement for
advance notice or the use of flotillas.
In an October 4, 1994, letter to the Department of Transportation,
the City of Chicago requested relief from the reinstituted rules,
stating that the timing of the order reinstating the previous
regulations was creating a serious problem for the City of Chicago
because it allowed weekday ``on demand'' openings. In addition to being
concerned with the costs, the City noted the potential disruption to
vehicular, elevated train, and pedestrian traffic, and that from early
September through October 15, approximately 600 boats are expected to
transit the Chicago River to boatyards for Winter storage. The City
stated that the needs of boats could be accommodated with a limited
number of openings, and requested that the bridge openings be
restricted to weekends, Wednesdays between the hours of 10 a.m. and 2
p.m., and Tuesday and Thursday evenings.
The Coast Guard has also been provided with information from Grant
Crowley, plaintiff in the District Court litigation, concerning a
voluntary arrangement, initiated by the major boatyards, to promote the
passage of returning boats in flotillas on Tuesdays and Thursdays at 10
a.m. and Saturday and Sunday at noon, if needed. They also suggested
reducing the number of weekday daylight openings to one a week after
the majority of boats returned. While a number of boats have transited
the Chicago River under this voluntary arrangement, it does not prevent
individual vessels outside the boatyard umbrella from requesting bridge
openings at other times. It is estimated that approximately 400 boats
have not yet gone to layup.
In light of the district court's decision and the City's request,
representatives of the Department of Transportation, the Coast Guard
and the United States Attorney's Office met with plaintiff's attorneys
and representatives of the City of Chicago on October 6 in an effort to
obtain a mutually satisfactory agreement on a modified short-term
schedule of bridge openings that would meet the needs of both the City
and the boaters. These efforts were unsuccessful.
The similarity of the City request and the voluntary program
initiated through the boatyards, together with the imminent end of the
boating season and the concomitant heavy vessel traffic, presents an
opportunity to not only address the needs of the City and the boaters,
but also to gather additional data on whether a restricted schedule of
bridge openings will adequately provide for the needs of navigation,
while alleviating vehicle traffic problems caused by bridge openings.
In order to gather relevant data on the ``Fall return'' of vessels
and motor vehicle traffic and number of bridge openings, the District
Commander has issued this deviation from the regulations to provide
restricted times that the bridges will be available for opening.
Notice: Notice is hereby given that the Coast Guard has granted the
City of Chicago, Department of Transportation, a temporary deviation
from the operating requirement at 33 CFR 117.391 governing certain
bridges owned by the City of Chicago over the Chicago River, as
follows:
Main Branch
Lake Shore Drive
Columbus Drive
Michigan Avenue
Wabash Avenue
State Street
Dearborn Street
Clark Street
La Salle Street
Wells Street
Franklin-Orleans Street
South Branch
Lake Street
Randolph Street
Washington Street
Madison Avenue
Monroe 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
North Halsted
This deviation from normal operating regulations is authorized in
accordance with the provisions of title 33 of the Code of Federal
Regulations, Sec. 117.43, for the purpose of evaluating a drawbridge
schedule with fewer required bridge openings during the fall time
period when most recreational vessels traditionally return from Lake
Michigan to the boatyards for winter storage. The Coast Guard will
review the comments received and the data gathered relating to the
effect of the draw schedule on vessel and motor vehicle movements to
determine whether to initiate a rulemaking proposing a permanent change
to the drawbridge operation schedule. This temporary deviation applies
only to the passage of recreational vessels. Under this deviation, the
above listed bridges operated by the City of Chicago need not open for
the passage of recreational vessels except during the specified time
periods provided the City of Chicago receives a twenty-four hour
advance notice of a request for a passage during one of these periods
and vessels are in flotillas of no fewer than 5 and no more than 25
vessels.
(a) From 7 a.m. through 7 p.m. on Saturdays and from 7 a.m. through
7 p.m. on Sundays, the draws shall open for the passage of organized
flotillas consisting of no less than five and not more than twenty-five
vessels. The flotillas shall be afforded continuous and uninterrupted
passage upon entering the Chicago River, except when bridges remain
closed for emergency vehicle crossing.
(b) From 10:30 a.m. until 1:30 p.m. on Tuesdays and Thursdays, from
October 11, 1994 until October 23, 1994, the draws shall open for the
passage of organized flotillas consisting of no less than five and not
more than twenty-five vessels. The flotillas shall be afforded
continuous and uninterrupted passage upon entering the Chicago River,
except when bridges remain closed for emergency vehicle crossing.
(c) From 10:30 a.m. until 1:30 p.m. on Wednesdays after October 23,
1994, and until December 5, 1994, the draws shall open for the passage
of organized flotillas consisting of no less than five and not more
than twenty-five vessels. The flotillas shall be afforded continuous
and uninterrupted passage upon entering the Chicago River, except when
bridges remain closed for emergency vehicle crossing.
(d) From 6:30 p.m. until 10 p.m. on Wednesdays the draws shall open
for the passage of organized flotillas consisting of no less than five
and not more than twenty-five vessels. The flotillas shall be afforded
continuous and uninterrupted passage upon entering the Chicago River,
except when bridges remain closed for emergency vehicle crossing.
(e) Upon notification by the owners/agents of the boatyards to the
City of Chicago that not enough boats remain to form flotillas to meet
the minimum number of five for a return to the yards for winter
storage, the City shall provide openings for those remaining vessels
even though the number is less than five for passage during the
scheduled periods. Notwithstanding this deviation, the City of Chicago,
after receiving notice twenty-four hours in advance of the intended
passage of the flotilla through the draws of the bridges, shall ensure
that:
(a) The necessary bridgetenders are provided for the safe and
prompt opening of the draws:
(b) the operating machinery of each draw is maintained in a
serviceable condition; and
(c) the draws are operated at sufficient intervals to assure their
satisfactory operation.
The Kinzie Street Bridge, mile 1.81 across the North Branch, and
Cermak Road bridge, mile 4.05 across the South Branch, shall continue
to operate in accordance with requirements presently established in 33
CFR 117.391.
All draws shall open for commercial vessels in accordance with
current regulations in 33 CFR 117.391. In accordance with current
regulations, including 117.391, government vessels of the United
States, state and local vessels used for public safety, and vessels in
distress shall be passed through the draws of all bridges as soon as
possible at all times.
Dated: October 7, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-26313 Filed 10-21-94; 8:45 am]
BILLING CODE 4910-14-17