[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40957-40959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0034]
RIN 1625-AA09


Drawbridge Operation Regulation; Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the operating schedule that 
governs the Amtrak Railroad Bridge, mile 3.77, across the South Branch 
of the Chicago River, at Chicago, Illinois to be operated remotely and 
establish an intermediate opening position.

DATES: This rule is effective August 30, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0034 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
OMB Office of Management and Budget
Sec.  Section
TD Temporary Deviation with Request for comments
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 8, 2020 the Coast Guard published a TD in the Federal 
Register (85 FR 19659) to test the proposed rule and allow mariners to 
provide comments from June 1, 2020 through September 1, 2020. We 
received one unrelated comment.
    On May 4, 2021, the Coast Guard published a NPRM in the Federal 
Register (86 FR 23639). There we stated why we issued the NPRM, and 
invited comments on proposed regulatory action. During the comment 
period that ended on June 3, 2021, we received zero (0) comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Amtrak Railroad Bridge, mile 3.77, over the South Branch of the 
Chicago River provides a vertical clearance of 10 feet in the down 
position and 65 feet in the open position above LWD and a horizontal 
clearance of 156 feet. The bridge crosses the river on a slight skew on 
an ``S'' curve in the

[[Page 40958]]

river requiring longer vessels to use most of the horizontal clearance 
for maneuvering. The South Branch of the Chicago River is part of a 
network of waterways that allow vessels to travel from Chicago, IL to 
New Orleans, LA. Cook County described the Chicago River as the 5th 
largest port in the United States, hosting commercial vessels over 300 
tons, recreational power and sailing vessels, several passenger 
vessels, water taxies, paddle boats and various paddle craft. Most 
vessels can pass under all of the bridges in the Chicago metropolitan 
area without an opening, with the exception of the Amtrak Bridge. 
During an average weekday, 150,000 commuters travel over the Amtrak 
Bridge.
    In accordance with general bridge regulations a drawbridge must 
open promptly and fully when signaled to open. Lifting the bridge to 65 
feet for every vessel when most vessels only need an additional 10 feet 
of clearance increases the delay experienced by all modes of 
transportation.
    The Amtrak Bridge has been operating remotely for several years 
without any concerns for the mariners.

IV. Discussion of Comments, Changes and the Final Rule

    We received one comment to the TD that was unrelated to the bridge 
or proposed regulatory action. We did not receive any comments to the 
NPRM, and do not intend to change anything from the published NPRM.

V. Discussion of Final Rule

    The Coast Guard is including in the regulations that the AMTRAK 
Bridge is authorized to operate remotely.
    The Coast Guard is authorizing the bridge to open to an 
intermediate position that will provide a vertical clearance of 34 feet 
above LWD. A yellow light at the center of the bridge, visible to 
vessels approaching the bridge from both upriver and downriver sides 
will verify the bridge has met the intermediate height. At any time a 
vessel with greater air draft can radio the drawtender and request a 
full opening. This rule is expected to increase bridge availability to 
all users by 50%.

VII. 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 (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge without changing the bridge 
schedule and it keeps the maximum advertised clearance available for 
vessels as needed.

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 received no comments from the Small Business 
Administration on this rule. 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 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 
section.
    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.

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, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on

[[Page 40959]]

the human environment. This rule promulgates the operating regulations 
or procedures for drawbridges and is categorically excluded from 
further review, under paragraph L49, of Chapter 3, Table3-1 of the U.S. 
Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

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; and Department of 
Homeland Security Delegation No. 0170.1.

Sec.  117.391  [Amended]

0
2. Amend Sec.  117.391 by revising paragraph (d) to read as follows:


Sec.  117.391  Chicago River.

* * * * *
    (d) The Amtrak Bridge, mile 3.77, is authorized to operate remotely 
and open to the intermediate position on signal, unless a request for a 
full opening is received by the drawtender. The bridge is required to 
operate a marine radio.
* * * * *

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-15986 Filed 7-29-21; 8:45 am]
BILLING CODE 9110-04-P