[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Proposed Rules]
[Pages 66865-66867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31842]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-01-148]
RIN-2115-AE47


Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating regulation 
governing drawbridges over Chicago River waterways. The proposed rule 
would add Division Street bridge, mile 3.30, over the North Branch of 
Chicago River, to the current list of bridges not required to open for 
navigation; remove the requirement for Kinzie Street bridge, mile 1.81 
over North Branch of Chicago River, and Cermak Road bridge, mile 4.05 
over South Branch of Chicago River, to open on signal for commercial 
vessels due to the recently accomplished increases in vertical 
clearances; require a 12-hour advance notice requirement from 
commercial vessels year-round for City of Chicago moveable bridges; 
update ownership of certain railroad bridges; specify rush hour times 
(7 a.m. to 10 a.m. and 4 p.m. to 6:30 p.m.--Monday through Friday, with 
the exception of Federal holidays) that City of Chicago bridges would 
not be required to open for any vessels; and generally make the 
regulation easier to read and understand.

DATES: Comments must be received on or before February 25, 2002.

ADDRESSES: Comments may be mailed or delivered to: Commander (obr), 
Ninth Coast Guard District, 1240 East Ninth Street, Room 2019, 
Cleveland, OH, 44199-2060 between 8 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays. The telephone number is (216) 902-
6084.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project 
Manager, Ninth Coast Guard District Bridge Branch, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments for or 
against this rule. Persons submitting comments should include names and 
addresses, identify the rulemaking [CGD09-01-148] and the specific 
section of this proposal to which each comment applies, and give the 
reason(s) for each comment. Please submit 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 a stamped, self-addressed postcard 
or envelope.
    The Coast Guard plans no public hearing. Individuals may request a 
public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If the 
Coast Guard determines that the opportunity for oral presentation will 
aid this rulemaking, we will hold a public hearing at a time and place 
announced by a subsequent notice in the Federal Register.

Background and Purpose

    The City of Chicago has requested that Commander, Ninth Coast Guard 
District, revise the operating regulations for Chicago City operated 
drawbridges over Chicago River waterways. The primary changes are: (1) 
Remove the requirements for Kinzie Street bridge over the North Branch 
and Cermak Road bridge over the South Branch to open on signal for 
commercial vessels due to restrictive clearances. Both bridges have 
been raised to provide vertical clearances consistent with other fixed 
and moveable bridges on the Chicago River system. (2) Add Division 
Street bridge over the North Branch of Chicago River to the current 
list of drawbridges not required to open for vessels. (3) Require a 12-
hour advance notice requirement for bridge openings from commercial 
vessels for City of Chicago moveable bridges throughout the year. (4) 
Clarify rush hour times (7 a.m. to 10 a.m. and 4 p.m. to 6:30 p.m.--
Monday through Friday, with the exception of Federal holidays) that 
City of Chicago bridges would not be required to open for any vessels.

Discussion of Proposed Rule

    The current operating regulations for Chicago River bridges are 
contained in 33 CFR 117.391. This section was last changed on October 
6, 1995 (60 FR 52311) to establish opening schedules for recreational 
vessels. This proposed rule only alters the sections pertaining to 
recreational vessels by specifying rush hour times (7 a.m. to 10 a.m. 
and 4 p.m. to 6:30 p.m.--Monday through Friday, with the exception of 
Federal holidays) that bridges would not be required to open.
    The City of Chicago requested that both Kinzie Street bridge over 
North Branch and Cermak Road bridge over South Branch be granted the 
same status as all other City of Chicago bridges and

[[Page 66866]]

only be required to open for commercial vessels if at least 12-hours 
advance notice is provided. The bridges have been raised to provide 
vertical clearances consistent with other fixed and moveable bridges on 
the Chicago River system.
    The City has also requested that Division Street bridge over North 
Branch not be required to open for vessels. This would place the bridge 
in the same status as all other City bridges for a vessel proceeding 
northbound on North Branch above Division Street. There is adequate 
clearance for commercial vessels equipped with retractable pilothouses 
to pass under each of these bridges. There are currently no 
recreational vessel facilities from Division Street northward that 
require the opening of drawbridges for masted vessels. A marina south 
of Division Street services masted vessels, therefore, all bridges 
southward are still required to open in accordance with the articles 
pertaining to recreational vessels. Bridge opening logs provided by the 
City indicate that the last request for a bridge opening at Division 
Street occurred in 1982.
    This proposed rule would also update the current ownership of 
railroad bridges on Chicago River and remove the emergency provisions 
specifically listed in paragraph (e). These provisions apply to all 
drawbridges, as noted in 33 CFR 117.31, and need not be re-stated in 
this regulation.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.
    This determination is based on the current and prospective 
facilities and needs of all navigation on the Chicago River system.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule will have a 
significant impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000 people.
    The identified small entities operating on Chicago River would not 
be significantly affected by the proposed rule. Marinas located on the 
North Branch and South Branch of Chicago River would still have bridge 
openings during designated times. However, rush hour times, where no 
openings would be required, have been expanded. These entities do not 
require openings of bridges from Division Street northward on North 
Branch. In addition, the three identified commercial tug companies 
operating on Chicago River do not require openings of Chicago City 
bridges.
    Therefore, the Coast Guard certifies under 5 U.S.C 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Bridge 
Administration Branch, Ninth Coast Guard District, at the address 
above.

Collection of Information

    This proposed rule would call for no new collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 13132, and 
determined that this rule does not have federalism implications under 
that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibility between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and it is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of

[[Page 66867]]

Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.lD, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117 Bridges.

    For reasons set out in the preamble, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations, 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In Sec. 117.391, revise the introductory text, paragraphs 
(a)(1), (b)(1)(iv), (b)(2), and (c); and remove paragraphs (d) and (e), 
to read as follows:


Sec. 117.391  Chicago River.

    The draws of the bridges operated by the City of Chicago over the 
Main Branch of Chicago River, the bridges on the North Branch of 
Chicago River from the Main Branch to North Halsted Street, mile 2.65, 
and bridges on the South Branch of Chicago River from the Main Branch 
to South Ashland Avenue, mile 4.47, shall operate as follows:
    (a) For commercial vessels:
    (1) All bridges shall open on signal if at least 12-hours advance 
notice is provided to the Chicago City Bridge Desk prior to the 
intended time of passage; except that, from Monday through Friday 
between the hours of 7 a.m. and 10 a.m., and between the hours of 4 
p.m. and 6:30 p.m., except for Federal holidays, the draws need not 
open for the passage of vessels.
* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (iv) That draws shall open at times in addition to those listed in 
paragraphs (b)(1)(i) through (b)(1)(iii) of this section, after notice 
has been given at least 20 hours in advance requesting passage for a 
flotilla of at least five vessels. However, the bridges need not open 
Monday through Friday from 7 a.m. to 10 a.m., and 4 p.m. to 6:30 p.m., 
except for Federal holidays.
    (2) From December 1 through March 31, the draws shall open on 
signal if at least 48 hours notice is given. However, the bridges need 
not open Monday through Friday from 7 a.m. to 10 a.m., and 4 p.m. to 
6:30 p.m., except for Federal holidays.
* * * * *
    (c) The following bridges need not be opened for the passage of 
vessels: The draws of South Damen Avenue, mile 6.14, over South Branch 
of Chicago River; all highway drawbridges between South Western Avenue, 
mile 6.7, and Willow Springs Road, mile 19.4, over Chicago Sanitary and 
Ship Canal; North Halsted Street, mile 2.85, and Division Street, mile 
2.99, over North Branch Canal of Chicago River; and Division Street, 
mile 3.30, North Avenue, mile 3.81, Cortland Avenue, mile 4.48, Webster 
Avenue, mile 4.85, North Ashland Avenue, mile 4.90, and Union Pacific 
Railroad, mile 5.01, over North Branch of Chicago River.

    Dated: November 27, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-31842 Filed 12-26-01; 8:45 am]
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