[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Proposed Rules]
[Pages 21938-21939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07644]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0989]
RIN 1625-AA09


Drawbridge Operation Regulation; Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notification of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify 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. We invite your comments on 
this proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or 
before May 12, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0989 using Federal Decision Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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; all affected sailing vessels can pass safely with one 
leaf open. Commercial vessels transits that require both bridge leaves 
to open are rare, occurring less than once a month on average. All 
vessels could detour through the Calumet River.

III. Discussion of Proposed Rule

    We propose 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 midnight on June 1, 2023, 
through noon on December 1, 2023, the Dearborn Street Bridge, mile 
1.13, would only need to 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.
    On February 11, 2022, we published in the Federal Register (87 FR 
7945) a temporary final rule allowing the bridge to be repaired with 
the same conditions as listed in this proposed rulemaking. During the 
temporary rule we did not receive any comments or complaints and we 
believe reducing the comment period from the traditional sixty days to 
thirty days will meet the reasonable needs of the community.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders.

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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
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 with one leaf open and that most 
of the vessels can pass safely under the bridge without an opening or 
can pass through the bridge with only one draw open. Vessels could also 
detour around the bridge on the Calumet River.

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 
proposed rule would 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    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 proposed rule. If the

[[Page 21939]]

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. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 proposed 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 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 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed 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 proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Chapter 3, Table 3-1 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0989 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted, or a 
final rule is published of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 DHS Delegation No. 
0170.1, Revision No, 01.3.

0
2. In Sec.  117.391, effective from midnight on June 1, 2023, through 
noon on December 1, 2023, 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. 2023-07644 Filed 4-11-23; 8:45 am]
BILLING CODE 9110-04-P