[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29802-29804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13495]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0366]
RIN 1625-AA09
Drawbridge Operation Regulation; Emergency Bridge Replacement,
Chicago River, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Chicago Avenue Bridge, mile 2.40, over the
North Branch of the Chicago River. This action is necessary because The
City of Chicago applied for and was awarded an emergency bridge
replacement permit to temporarily replace the Chicago Avenue double
leaf bascule bridge with a temporary fixed structure.
DATES: June 25, 2019 through 11:59 p.m. on November 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0366 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone 216-902-6085, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FHWA Federal Highway Administration
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
NEPA National Environmental Policy Act
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
[[Page 29803]]
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because on July 16, 2018, we published PUBLIC
NOTICE 09-02-18 and mailed out an availability of public notice
addressed to 783 adjacent address and interested parties as part of the
bridge permit public notice and comment process. The comment process
was open until October 1, 2018. We did not receive any comments on this
rule.
We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective in less than
30 days after publication in the Federal Register. PUBLIC NOTICE 09-02-
18 was made available for public comment and no comments were received
and the City of Chicago has already installed the temporary emergency
bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Chicago Avenue Bridge, mile 2.40, over the North Branch of the
Chicago River, provides a horizontal clearance of 148 feet and a
vertical clearance of 18 feet above LWD. The original bridge when
opened provided an unlimited clearance in the open position and the
same clearances in the closed position available with the temporary
fixed bridge. The City of Chicago applied for and was awarded an
emergency bridge replacement permit number 3-18-9 to temporarily
replace the Chicago Avenue double leaf bascule bridge with a temporary
fixed structure. In accordance with condition 8 of the permit the City
of Chicago must replace the fixed structure with a permanent movable
structure no later than November 14, 2023.
The North Branch of the Chicago River is used by large commercial
tug and barge traffic, passenger vessels, powered and unpowered
recreational vessels. Currently all regular users of the waterway can
pass under the bridge without an opening.
IV. Discussion of the Rule
This rule is to temporally relieve the City of Chicago from the
operational requirements of opening the Chicago Avenue Bridge until the
permanent bridge can be built.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the ability that
vessels can still transit the bridge without openings and that the
public was engaged in this decision through the Coast Guard Bridge
Permit process and public notice procedures.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, 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. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
Through the public notice sent out by mail, posted in the local
post office, and on the internet, the Coast Guard did not receive any
comments that this temporary regulation would have a significant
impact.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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. 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 person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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
responsibilities between the Federal Government and Indian tribes.
[[Page 29804]]
E. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. A Record of Environmental Consideration and a Memorandum
for the Record are not required for this rule. Federal Highway
Administration (FHWA) had been identified as the lead federal agency
for purposes of the National Environmental Policy Act (NEPA). FHWA
prepared a NEPA document for the project as proposed for the final
bridge permit. FHWA classified the project as a Categorical Exclusion.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.391 effective from date of publication, through 11:59
p.m. on November 13, 2023 temporarily add paragraph (d) to read as
follows:
Sec. 117.391 Chicago River
* * * * *
(d) The draw of the Chicago Avenue Bridge, mile 2.40, over the
North Branch of the Chicago River, need not open for the passage of
vessels.
Dated: June 13, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-13495 Filed 6-24-19; 8:45 am]
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