[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36241-36243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11824]


-----------------------------------------------------------------------

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: Temporary final rule.

-----------------------------------------------------------------------

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 noon on June 1, 
2023, through noon on November 1, 2023.

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

    On April 12, 2023, the Coast Guard published a notice of proposed 
rulemaking in the Federal Register (88 FR 21938) entitled Drawbridge 
Operation Regulation; Chicago River, Chicago, IL. There we stated why 
we issued the NPRM and invited comments on our proposed regulatory 
action related to this maintenance period. During the comment period 
that ended on May 12, 2023, we did not receive any comments. The 
vessels traveling the Chicago River that require two leaf operations 
have the option to 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, 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 leaves to open are rare, occurring 
less than once a month on

[[Page 36242]]

average. All vessels have the opportunity to detour through the Calumet 
River.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because action is needed by June 1, 
2023 so that bridge maintenance can be conducted.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
Aril 12, 2023. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM .
    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 noon on June 1, 
2023, through noon on November 1, 2023, 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 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, 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.

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:

[[Page 36243]]

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. 00170.1, Revision No. 01.3.


0
2. In Sec.  117.391, effective June 1, 2023, through noon on November 
1, 2023, 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.

    Dated: May 30, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2023-11824 Filed 5-31-23; 4:15 pm]
BILLING CODE 9110-04-P