[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Rules and Regulations]
[Pages 31727-31730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11717]


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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: Interim rule; request for comments.

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SUMMARY: The Coast Guard is revising the operating regulation governing 
drawbridges over Chicago River waterways. This interim rule adds one 
bridge to the current list of bridges not required to open for 
navigation, and removes the requirement for two to open on signal for 
commercial vessels due to the recent increases in their vertical 
clearances. This interim rule also requires 12-hours advance notice 
from commercial vessels year-round for City of Chicago movable bridges; 
updates ownership of certain railroad bridges; and specifies rush hour 
times that City of Chicago bridges will not be required to open for any 
vessels.

DATES: This interim rule is effective June 10, 2002. Comments and 
related material must reach the Coast Guard on or before June 30, 2002.

ADDRESSES: You may mail comments and related material to Commander

[[Page 31728]]

(obr), Ninth Coast Guard District, 1240 East Ninth Street, Room 2019, 
Cleveland, OH, 44199-2060. Ninth Coast Guard District maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket (CGD09-01-148) 
and are available for inspection or copying at the address above 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

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 rule 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.

Public Meeting

    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.

Regulatory Information

    Commander, Ninth Coast Guard District, published a notice of 
proposed rulemaking (NPRM) on December 27, 2001 (66 FR 66865). No 
public hearing was requested, and none was held. The NPRM included some 
formatting errors that have been corrected in this interim rule. The 
text of the NPRM contained no errors.
    The Coast Guard received one written comment. The writer requested 
that the morning rush-hour period when all city bridges may remain 
closed be altered. Instead of the originally proposed hours of 7 a.m. 
to 10 a.m., Monday through Friday, that the bridges could remain closed 
to vessels, the writer requested that the time be changed to 7 a.m. to 
9:30 a.m. The Coast Guard determined that this change would properly 
provide for the reasonable needs of navigation and has been 
incorporated into this interim rule.
    A non-written comment to the NPRM involved the time of year that 
the proposed change was open for comments from the public. The Coast 
Guard determined that it would be appropriate to issue this interim 
rule to make the regulation effective, but provide for another comment 
period during the boating season.

Background and Purpose

    The City of Chicago 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 movable 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 movable bridges throughout the year. (4) 
Change rush hour times (7 a.m. to 9:30 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 Interim 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 rule only alters the sections pertaining to recreational 
vessels by specifying rush hour times (7 a.m. to 9:30 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 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 movable 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.
    Drawbridges allowed to stay closed to navigation through this rule 
may be required to be made operational again within a reasonable time 
if ordered by the District Commander in the future.
    This rule also updates the current ownership of railroad bridges on 
Chicago River and removes the emergency provisions specifically listed 
in paragraph (e). These provisions apply to all drawbridges, as set out 
in 33 CFR 117.31, and need not be re-stated in this regulation.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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. 601-612), the Coast 
Guard has considered whether this rule will have

[[Page 31729]]

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 will not 
be significantly affected by the rule. Marinas located on the North 
Branch and South Branch of Chicago River will 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 
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 rule will 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 rule will economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the 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 rule would call for no new collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. 3520).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132, and determined that it 
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 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 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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 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 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 rule 
and concluded that, under figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.lD, this 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 amends 33 CFR 
part 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); 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 to the section, 
paragraph (a), paragraphs (b)(1)(iv) and (b)(2), and paragraph (c); and 
remove paragraphs (b)(3), (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, 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 9:30 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) * * *
    (iv) The 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 9:30 a.m., and 4 p.m. to 6:30 
p.m., except for Federal holidays.

[[Page 31730]]

    (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 9:30 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: April 29, 2002.
James D. Hull,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 02-11717 Filed 5-9-02; 8:45 am]
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