[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Rules and Regulations]
[Pages 7945-7946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02910]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0035]
RIN 1625-AA09


Drawbridge Operation Regulation; 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 Dearborn Street Bridge, mile 1.13, over the 
Main Branch of the Chicago River at Chicago, Illinois. During this 
maintenance period, the bridge need only operate one leaf while the 
other leaf remains secured to masted navigation. Vessels able to pass 
under the bridge without an opening may do so at any time.

DATES: This temporary final rule is effective from 11:59 p.m. on 
February 13, 2022 through 12 p.m. on November 1, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2022-0035 in the ``SEARCH'' box and click ``SEARCH.'' In the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final 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
IGLD 85 International Great Lakes Datum of 1985 LWD Low Water Datum 
based on IGLD 85
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 it is impracticable, as the Coast 
Guard did not receive details for the maintenance event until January 
20, 2022. There was insufficient time to undergo a full rulemaking 
process, including providing a reasonable comment period and 
considering those comments because the bridge is scheduled to start 
repairs on February 13, 2022. Delaying repairs would negatively impact 
public safety.
    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. Delaying the effective date would be contrary 
to the public interest, as the public interest in initiating repairs to 
the bridge on time outweighs the potential burden the closure will 
place on waterway users. Most vessels that require an opening only need 
one leaf of the bridge to open to safely pass. Further, as necessary, 
vessels can detour through the Calumet River and arrive at the same 
destination.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Dearborn Street Bridge, mile 1.13, spans the Main Branch of the 
Chicago River at Chicago, Illinois. The Dearborn Street Bridge, mile 
1.13, over the Main Branch of the Chicago River provides a horizontal 
clearance of 200 feet and a vertical clearance of 22 feet above LWD. 
The bridges of Chicago are historic and all of them are over 100 years 
old and require frequent maintenance and repairs that occur with little 
warning. Typically, these repairs must be attended to immediately to 
protect the health and welfare of pedestrians crossing the bridges each 
day. The current bridge regulations for the Chicago River are contained 
in 33 CFR 117.391 and allows the bridges to open on signal if a 12-hour 
advance notice is provided by commercial vessels and a 20-hour advance 
notice by recreational vessel during posted times. The Chicago River 
bridges operate infrequently as almost all vessels can pass through the 
bridges without an opening. The exceptions are recreational sailing 
vessels that pass the bridge in City of Chicago sponsored flotillas 
twice a year that can pass safely with one leaf open. Commercial 
vessels transits that require both bridge leafs to open are rare, 
occurring less than once a month on average. All vessels have the 
opportunity to detour through the Calumet River.

IV. Discussion of the Rule

    This rule establishes a temporary change to the operation of the 
Dearborn Street Bridge, mile 1.13, over the Main Branch of the Chicago 
River at Chicago, Illinois. During the period from February 13, 2022 
through November 1, 2022, the Dearborn Street Bridge, mile 1.13, need 
only operate one leaf for the passage of vessels, while the other leaf 
is secured to masted navigation for maintenance. The effect of not 
performing the maintenance would be to deny the bridge to an estimated 
10,000 persons commuting to work daily if repairs and required 
maintenance are not started in a timely manner.

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 (OMB).
    This regulatory action determination is based on the ability that 
vessels can

[[Page 7946]]

still transit the bridge through one leaf and that most vessels can 
pass under the bridge without an opening.

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.
    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 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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.391, effective from 11:59 p.m. on February 13, 2022 
through 12 p.m. on November 1, 2022, temporarily add paragraph (f) to 
read as follows:
* * * * *
    (f) The Dearborn Street Bridge, mile 1.13, need only operate one 
leaf for the passage of vessels, while the other leaf is secured to 
masted navigation for maintenance.
* * * * *

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-02910 Filed 2-10-22; 8:45 am]
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