Drawbridge Operation Regulations; Chicago River, IL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-94-033]

Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation; request for comments.

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SUMMARY: The Commander, Ninth Coast Guard District, has authorized a

60-day deviation from the operation regulations for the draws of the

bridges over the Chicago River, IL. The deviation was authorized to

evaluate a drawbridge schedule with fewer required bridge openings

during the fall time period when most recreational vessels

traditionally return from Lake Michigan to the boat yards for winter

storage. This deviation was specifically crafted to reflect the spirit

of Department of Transportation strategic goals that encourage

effective intermodal system integration. The Coast Guard will review

comments received via this solicitation and the data gathered relating

to the effect of the draw schedule on vessel and motor vehicle

movements while the process to effect more permanent rulemaking is

initiated during the lull between seasons.

DATES: Effective Date: The deviation is effective from October 11,

1994, to December 5, 1994, unless sooner terminated by the District

Commander.

Comments: Comments must be received by January 15, 1995.

ADDRESSES: Comments may be mailed to Mr. Robert Bloom, Chief, Bridge

Branch Ninth Coast Guard District, 1240 E. Ninth St., Cleveland, Ohio

44199 or may be delivered to room 2083D at the same address between 8

a.m. and 3 p.m., Monday through Friday, except Federal holidays. The

telephone number is (216) 522-3993. Comments will become part of this

docket and will be available for inspection or copying at room 2083D,

at the above address between 8 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Robert Bloom, (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to submit written

data or views concerning the schedule of draw openings during the

deviation period. Persons submitting comments should include their

names and addresses and identify this notice (CGD09-94-033). Please

submit two copies of all comments and attachments in an unbound format,

no larger than 8\1/2\ by 11 inches, suitable for copying and electronic

filing. Persons wanting acknowledgment of receipt of comments should

enclose stamped, self-addressed postcards or envelopes. The Coast Guard

will consider all comments received during the comment period.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Mr. Robert Bloom at the address under

ADDRESSES. The request should include the reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will be beneficial, the Coast Guard will hold a public

hearing at a time and place announced by a later notice in the Federal

Register.

The Coast Guard also requests comments on the use of ``negotiated

rulemaking'' (under the authority of the Federal Advisory Committee

Act, 5 U.S.C. App. 2) if it determines that a permanent change to the

draw schedule should be proposed.

In negotiated rulemakings, the affected parties and the public may

benefit from face-to-face negotiations, sharing of information, and

cooperation in developing and reaching agreement on the provisions of a

rule. Negotiated rulemaking procedures may be appropriate when: there

are a limited number of identifiable interested parties who would be

affected by the rule; there is a reasonable chance that balanced

representation can be reached on the committee and that it will

negotiate in good faith; there is likelihood of a committee consensus

in a fixed time period; the negotiating process will not unreasonably

delay the rule; and the agency can use the consensus of the committee

in formulating the NPRM.

The Coast Guard specifically requests comments on whether the above

criteria could be met with respect to a rulemaking to revise the draw

opening schedule of the draws over the Chicago River. The Coast Guard

also requests suggestions on which parties should be members of a

negotiated rulemaking committee. In those instances where a party would

be a governmental or corporate entity, the Coast Guard also requests

nominations of individual representatives for those entities.

Drafting Information

The principal persons involved in drafting this document are Robert

Bloom, Project Manager, Chief, Bridge Branch Ninth Coast Guard

District, and Commander James Collin, Project Counsel.

Background

Following notice and comment rulemaking, the Coast Guard

promulgated a final rule on April 18, 1994, establishing a new rule for

drawbridge operations on the Chicago River. On September 26, 1994, the

United States District Court for the District of Columbia issued an

order in the case of Crowley's Yacht Yard, Inc., Plaintiff, v. Federico

Pena, Secretary, United States Department of Transportation, Defendant,

Civil Action Number 94-1152 SSH, rescinding the Final Rule published on

April 18, 1994, and reinstating the previous regulations found at 33

CFR 117.391. The former regulations reinstituted by the District Court

provided for on-demand openings of drawbridges except during rush hour

periods. Further, the former regulations contained no requirement for

advance notice or the use of flotillas.

In an October 4, 1994, letter to the Department of Transportation,

the City of Chicago requested relief from the reinstituted rules,

stating that the timing of the order reinstating the previous

regulations was creating a serious problem for the City of Chicago

because it allowed weekday ``on demand'' openings. In addition to being

concerned with the costs, the City noted the potential disruption to

vehicular, elevated train, and pedestrian traffic, and that from early

September through October 15, approximately 600 boats are expected to

transit the Chicago River to boatyards for Winter storage. The City

stated that the needs of boats could be accommodated with a limited

number of openings, and requested that the bridge openings be

restricted to weekends, Wednesdays between the hours of 10 a.m. and 2

p.m., and Tuesday and Thursday evenings.

The Coast Guard has also been provided with information from Grant

Crowley, plaintiff in the District Court litigation, concerning a

voluntary arrangement, initiated by the major boatyards, to promote the

passage of returning boats in flotillas on Tuesdays and Thursdays at 10

a.m. and Saturday and Sunday at noon, if needed. They also suggested

reducing the number of weekday daylight openings to one a week after

the majority of boats returned. While a number of boats have transited

the Chicago River under this voluntary arrangement, it does not prevent

individual vessels outside the boatyard umbrella from requesting bridge

openings at other times. It is estimated that approximately 400 boats

have not yet gone to layup.

In light of the district court's decision and the City's request,

representatives of the Department of Transportation, the Coast Guard

and the United States Attorney's Office met with plaintiff's attorneys

and representatives of the City of Chicago on October 6 in an effort to

obtain a mutually satisfactory agreement on a modified short-term

schedule of bridge openings that would meet the needs of both the City

and the boaters. These efforts were unsuccessful.

The similarity of the City request and the voluntary program

initiated through the boatyards, together with the imminent end of the

boating season and the concomitant heavy vessel traffic, presents an

opportunity to not only address the needs of the City and the boaters,

but also to gather additional data on whether a restricted schedule of

bridge openings will adequately provide for the needs of navigation,

while alleviating vehicle traffic problems caused by bridge openings.

In order to gather relevant data on the ``Fall return'' of vessels

and motor vehicle traffic and number of bridge openings, the District

Commander has issued this deviation from the regulations to provide

restricted times that the bridges will be available for opening.

Notice: Notice is hereby given that the Coast Guard has granted the

City of Chicago, Department of Transportation, a temporary deviation

from the operating requirement at 33 CFR 117.391 governing certain

bridges owned by the City of Chicago over the Chicago River, as

follows:

Main Branch

Lake Shore Drive

Columbus Drive

Michigan Avenue

Wabash Avenue

State Street

Dearborn Street

Clark Street

La Salle Street

Wells Street

Franklin-Orleans Street

South Branch

Lake Street

Randolph Street

Washington Street

Madison Avenue

Monroe Street

Adams Street

Jackson Boulevard

Van Buren Street

Eisenhower Expressway

Harrison Street

Roosevelt Road

18th Street

Canal Street

South Halsted Street

South Loomis Street

South Ashland Avenue

North Branch

Grand Avenue

Ohio Street

Chicago Avenue

North Halsted

This deviation from normal operating regulations is authorized in

accordance with the provisions of title 33 of the Code of Federal

Regulations, Sec. 117.43, for the purpose of evaluating a drawbridge

schedule with fewer required bridge openings during the fall time

period when most recreational vessels traditionally return from Lake

Michigan to the boatyards for winter storage. The Coast Guard will

review the comments received and the data gathered relating to the

effect of the draw schedule on vessel and motor vehicle movements to

determine whether to initiate a rulemaking proposing a permanent change

to the drawbridge operation schedule. This temporary deviation applies

only to the passage of recreational vessels. Under this deviation, the

above listed bridges operated by the City of Chicago need not open for

the passage of recreational vessels except during the specified time

periods provided the City of Chicago receives a twenty-four hour

advance notice of a request for a passage during one of these periods

and vessels are in flotillas of no fewer than 5 and no more than 25

vessels.

(a) From 7 a.m. through 7 p.m. on Saturdays and from 7 a.m. through

7 p.m. on Sundays, the draws shall open for the passage of organized

flotillas consisting of no less than five and not more than twenty-five

vessels. The flotillas shall be afforded continuous and uninterrupted

passage upon entering the Chicago River, except when bridges remain

closed for emergency vehicle crossing.

(b) From 10:30 a.m. until 1:30 p.m. on Tuesdays and Thursdays, from

October 11, 1994 until October 23, 1994, the draws shall open for the

passage of organized flotillas consisting of no less than five and not

more than twenty-five vessels. The flotillas shall be afforded

continuous and uninterrupted passage upon entering the Chicago River,

except when bridges remain closed for emergency vehicle crossing.

(c) From 10:30 a.m. until 1:30 p.m. on Wednesdays after October 23,

1994, and until December 5, 1994, the draws shall open for the passage

of organized flotillas consisting of no less than five and not more

than twenty-five vessels. The flotillas shall be afforded continuous

and uninterrupted passage upon entering the Chicago River, except when

bridges remain closed for emergency vehicle crossing.

(d) From 6:30 p.m. until 10 p.m. on Wednesdays the draws shall open

for the passage of organized flotillas consisting of no less than five

and not more than twenty-five vessels. The flotillas shall be afforded

continuous and uninterrupted passage upon entering the Chicago River,

except when bridges remain closed for emergency vehicle crossing.

(e) Upon notification by the owners/agents of the boatyards to the

City of Chicago that not enough boats remain to form flotillas to meet

the minimum number of five for a return to the yards for winter

storage, the City shall provide openings for those remaining vessels

even though the number is less than five for passage during the

scheduled periods. Notwithstanding this deviation, the City of Chicago,

after receiving notice twenty-four hours in advance of the intended

passage of the flotilla through the draws of the bridges, shall ensure

that:

(a) The necessary bridgetenders are provided for the safe and

prompt opening of the draws:

(b) the operating machinery of each draw is maintained in a

serviceable condition; and

(c) the draws are operated at sufficient intervals to assure their

satisfactory operation.

The Kinzie Street Bridge, mile 1.81 across the North Branch, and

Cermak Road bridge, mile 4.05 across the South Branch, shall continue

to operate in accordance with requirements presently established in 33

CFR 117.391.

All draws shall open for commercial vessels in accordance with

current regulations in 33 CFR 117.391. In accordance with current

regulations, including 117.391, government vessels of the United

States, state and local vessels used for public safety, and vessels in

distress shall be passed through the draws of all bridges as soon as

possible at all times.

Dated: October 7, 1994.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.

[FR Doc. 94-26313 Filed 10-21-94; 8:45 am]

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