[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8941-8942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3952]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-95-004]


Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation and public hearing; request for 
comments.

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SUMMARY: The Commander, Ninth Coast Guard District, has authorized a 
90-day deviation from the operation regulations for the draws of City 
of Chicago-owned bridges over the Chicago River, Illinois. The 
deviation is being authorized to solicit comments, data, and 
recommendations concerning impacts upon the various modes of 
transportation, to include vessel, vehicular, and rail to determine if 
a change to the existing schedule of bridge operation will result in a 
more equitable balance of impacts upon all modes of transportation. 
This deviation would provide for a twenty-four hour advance notice to 
the City of Chicago of planned recreational vessel movement and not 
restrict vessels to particular periods for passage through the bridges, 
other than during the established and specified periods of rush hour 
closure periods. The Coast Guard will hold a public hearing concerning 
this deviation and will review comments, data, and recommendations 
prior to issuing the deviation.

DATES: The public hearing will be held on Thursday, March 9, 1995 at 7 
p.m.
    The deviation will be effective from April 15, 1995, through July 
14, 1995, unless sooner terminated by the District Commander. Comments 
on the impacts of the deviation must be received by July 20, 1995.

ADDRESSES: The public hearing will be held at the Ralph H. Metcalfe 
Federal Building, 77 West Jackson Boulevard, Chicago, Illinois, Room 
331.
    Comments on the deviation may be mailed to Mr. Robert Bloom, Chief, 
Bridge Branch, Ninth Coast Guard District, 1240 East Ninth Street, 
Cleveland, Ohio, 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 the public 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:
Mr. Robert W. Bloom, Jr., Bridge Program Manager, Ninth Coast Guard 
District, (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Public Hearing

    The Commander, Ninth Coast Guard District, has scheduled a public 
hearing to be held to solicit comments relative to this deviation which 
will govern the operation of City of Chicago-owned drawbridges across 
the Chicago River System.
    The hearing will provide all concerned parties with the opportunity 
to present oral and written statements, with supporting data, to the 
Coast Guard, for evaluation to determine if any revisions are to be 
made to the deviation prior to its becoming effective on April 15, 
1995.
    The public hearing will be held on Thursday, March 9, 1995 at 7 
p.m. at the Ralph H. Metcalfe Federal Building, 77 West Jackson 
Boulevard, Chicago, Illinois, Room 331.
    The hearing will be informal. A Coast Guard representative will 
preside at the hearing, make a brief opening statement describing the 
proposed temporary deviation to regulations, and announce the 
procedures to be followed at the hearing. Each person who wishes to 
make an oral statement should notify the person listed in the section 
FOR FURTHER INFORMATION CONTACT in this notice. Such notification 
should include the approximate time required to make the presentation.
    A transcript will be made of the hearing and may be purchased by 
the public through arrangements with the individual providing the 
transcription service. Interested persons who are unable to attend this 
hearing may also participate in this solicitation by submitting their 
comments in writing. Each comment should state reasons for support or 
opposition, suggest any proposed changes to the deviation, and include 
the name and address of the person or organization submitting the 
comment. Comments should be sent to the address under ADDRESSES.

Request for Comments

    The Coast Guard encourages interested persons to submit written 
data or views concerning the operation of drawbridges during this 
deviation period. Persons submitting comments should include their 
names and addresses and identify this notice (CGD09-95-004). 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 acknowledgement of receipt of comments should 
enclose stamped, self-addressed postcards or envelopes. The Coast Guard 
will consider all comments received during the comment period.

    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 and Purpose

    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 (1993 Edition). The regulations reinstated by the District 
Court provided for on-demand openings of drawbridges except during rush 
hour periods. Further, those regulations contained no requirement for 
advance notice or the use of specified recreational vessel flotilla 
size. As a result of the Court decision and to gather data for future 
use, in the Fall of 1994, the District Commander issued a temporary 
deviation to regulations for the period October 11, 1994 through 
December 5 , 1994, with a comment period through January 15, 1995. The 
deviation provided openings of bridges, with a twenty-four hour advance 
notice to the City of Chicago, from 7 a.m. to 7 p.m. on Saturdays and 
Sundays, and on Wednesdays between the hours of 6:30 p.m. and 10:00 
p.m. throughout the entire period. In addition, from October 11 through 
October 23 the draws were opened during the period from 10:30 a.m. to 
1:30 p.m. on Tuesdays and Thursdays, and from October 23 through 
December 5 the draws were opened for vessel passage during the 
[[Page 8942]] time between 10:30 a.m. and 1:30 p.m. on Wednesdays. 
Flotilla size was specified.

Discussion of Comments and Changes

    At the end of the comment period for the temporary deviation to 
regulations, the Coast Guard received twenty-one comments. One comment 
letter, from the City of Chicago, expressed opposition to any permanent 
regulation for the Spring Breakout in 1995. In response to a request 
for data, the City stated the data would be provided to the Coast Guard 
on June 15, 1995. In addition, they proposed one weekday daylight 
opening and weekend openings. Thirteen of the other twenty comment 
letters favored not effecting any change to the regulations that are in 
place now and expressed opposition to establishing minimums and 
maximums for recreational vessel flotilla sizes that would be allowed 
to pass through the bridges. Other commenters indicated that if a 
change is necessary, there should be daylight openings during the 
weekdays and not restrict openings to strictly nighttime hours from 
Monday through Friday. These commenters also expressed opposition to 
establishing a minimum and maximum of boats that would be required for 
the bridges to be opened. Representatives from the Chicago River boat 
yards in their comments stated they did not favor a permanent 
regulation for the Spring Breakout in 1995, but favor the existing 
regulatory structure.
    The District Commander has authorized the temporary deviation to 
commence on April 15, 1995, and remain in effect for a period of ninety 
(90) days. This deviation would require that the City open their 
bridges seven days a week for the passage of recreational vessels only 
when notice is given twenty-four hours in advance of a vessel's time of 
intended passage through the draws. However, the bridges subject to 
this deviation need not open for the passage of recreational vessels 
from 7:30 a.m. to 10 a.m. and 4 p.m. to 6:30 p.m., Mondays through 
Fridays. No requirement as to minimum or maximum flotilla size will be 
imposed. This deviation will facilitate data gathering and scheduling 
and will support safety while addressing concerns of all parties during 
the Spring period when most recreational vessels traditionally return 
to Lake Michigan from winter storage at the Chicago River boat yards. 
The temporary deviation from the operating requirements at 33 CFR 
117.391 governing bridges owned by the City of Chicago over the Chicago 
River would read as follows:
    The bridges affected by this deviation are listed below:

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
    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, and applies only to the passage of 
recreational vessels. Under this deviation the bridges listed above 
operated by the City of Chicago shall operate as follows:
    (a) The bridges covered by this deviation need not open for the 
passage of vessels Mondays through Fridays from 7:30 a.m. to 10 a.m. 
and 4 p.m. to 6:30 p.m.
    (b) At all other times the draws shall open on signal if notice is 
given twenty-four hours in advance of a vessel's time of intended 
passage through the draws.
    (c) This period of deviation is effective from April 15, 1995 
through July 14, 1995.

    Dated: February 10, 1995.
Paul J. Pluta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Acting.
[FR Doc. 95-3952 Filed 2-15-95; 8:45 am]
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