Drawbridge Operation Regulations; Chicago River, IL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-93-036]

Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations

governing bridges over the Chicago River System which are owned and

operated by the City of Chicago. This final rule expands the periods of

time when Chicago's highway bridges need not open for the passage of

recreational vessels, establishes a specific number of recreational

vessels that will be required to gather in order for the bridges to

open, and requires recreational vessel owner/operators or their

representatives to give notice in advance of a vessel's time of

intended passage through the draws. Additionally, the period of time

during the winter months when the bridges need open only after

receiving an advance notice is expanded. This final rule also adds a

Wednesday opening for the passage of recreational vessels during the

Spring break-out period (April 15-June 15). This final rule also adds

the Madison Street bridge to the bridge list for the South Branch. The

Madison Street Bridge was inadvertently left out of the Notice of

Proposed Rulemaking. This action will accommodate the needs of vehicle

traffic while providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on April 18, 1994.

ADDRESSES: Unless otherwise indicated, documents referenced in this

preamble are available for inspection and copying at the office of the

Commander (obr), Ninth Coast Guard District, 1240 East Ninth Street,

Cleveland, Ohio 44199-2060, between 6:30 a.m. and 3 p.m., Monday

through Friday, except Federal holidays. The telephone number is (216)

522-3993 for information.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert W. Bloom, Jr., Bridge Program Manager, Ninth Coast Guard

District, (212) 522-3993.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Mr.

Robert W. Bloom, Jr., Project Manager, and Commander J.M. Collin,

Project Counsel.

Regulatory History

On May 12, 1993, the Coast Guard published 58 FR 27933, a deviation

from the permanent rule to allow the City of Chicago to reduce the

periods during which the draws must be opened for recreational vessels,

to require advance notice for opening and to require the recreational

vessels to be organized in flotillas of five to twenty-five vessels for

passage. Subsequent deviations were published on June 16 (58 FR 33191),

August 12 (58 FR 42856), October 21 (58 FR 54289) and November 29 (58

FR 62532).

On Wednesday, December 22, 1993, the Coast Guard published a notice

of proposed rulemaking and notice of public hearing entitled Drawbridge

Operation Regulations: Chicago River, IL. (58 FR 67745). The comment

period ended February 7, 1994. The Commander, Ninth Coast Guard

District, also published the proposed regulation change as a Public

Notice on December 17, 1993, with a comment period ending January 22,

1994. The Coast Guard received 132 letters commenting on the proposal.

Additionally, the Commander, Ninth Coast Guard District held a public

hearing on January 20, 1994, in Chicago, Illinois. There were 107

persons in attendance at the public hearing, of whom 32 made oral

statements and/or furnished data on the proposed regulations.

Background and Purpose

Presently, the bridges owned and operated by the City of Chicago

are governed in accordance with 33 CFR 117.391 which allows draws to

remain closed through the peak vehicle traffic periods during the

morning and afternoon rush hours. In addition, certain bridges need not

open for the passage of vessels unless notice is given in advance of a

vessel's intended time of passage through the draws. The City of

Chicago has requested that, from April 1 through November 30, the

bridges which cross the Chicago River and the Chicago River Branches

not be required to open for the passage of recreational vessels except

between the hours of 6:30 p.m. and 12 midnight on Tuesdays and

Thursdays, and between the hours of 7 a.m. and 7 p.m. on Saturdays and

Sundays. During these times, the bridges would not be required to open

unless there are no fewer than five recreational vessels and not more

than twenty-five recreational vessels available to transit during the

opening and these vessels have given at least twenty-four hours advance

notice of their requested time of passage through the draws. From

December 1 through March 31, the draws of the highway bridges across

the Chicago River, the North Branch of the Chicago River, North Branch

Canal, and the South Branch of the Chicago River shall open on signal

for all vessels if notice is given at least 12 hours in advance of a

vessel's time of intended passage through the draws. On December 22,

1993, the Coast Guard issued a Notice of Proposed Rulemaking to change

the permanent operating schedules for the Chicago River bridges. This

NPRM contained no weekday daytime openings, but did provide a 12-hour

opening period on Saturdays and Sundays, as well as a 6:30 p.m. to

midnight opening period on Tuesdays and Thursdays.

Discussion of Comments and Changes

From the 132 comments received from the Public Notice, 35

commenters were in support of limiting the openings of the Chicago

bridges for recreational vessels, and 97 were opposed to limiting the

openings of bridges for recreational vessels. The comments in support

of the proposal were from managers of businesses, building managers and

officials from various Departments of the City of Chicago. Reasons for

support of the proposed regulations change submitted were: A proposal

to build a Chicago Central Area Circulator, a light rail system, that

will be used to transport people within the Chicago Loop; disruption of

vehicle and pedestrian traffic when bridges open for the passage of

vessels during the day; the movement of emergency vehicles (fire,

ambulance, police) that could allow response time when a bridge is open

for the passage of vessels; the cost of manpower to open the bridges;

additional air pollution caused while vehicles are stopped during

bridge openings; and the disruption of deliveries made to and from

various business interests within the loop during business hours.

The comments opposing the proposed bridge operating regulations

were concerned with unsafe conditions because the two weekday openings

begin when there are but a few hours of daylight left. Boaters do not

reach Lake Michigan and do not reach their respective marinas along the

Lake Michigan Coast until late at night or early morning hours when

there is total darkness. In addition, these comments are concerned with

unsafe conditions associated with the mass of vessels that are required

to gather in order to have the bridge open. The large number of vessels

during periods of darkness has caused some minor accidents among

boaters on previous trips and they feel, should a serious accident

occur, or someone fall overboard, the night trips would cause a loss of

life because it is more difficult to locate a person in the water and

conduct rescue operations when it is dark. Other comments received in

opposition of the proposed regulations showed concerns with the

inability of bridgetenders to see when all vessels have cleared the

bridge, the loss of accessibility to the boatyards for normal and

emergency vessel repairs, floating debris, unsafe seawalls and

submerged pilings in the water that are not visible during periods of

darkness, the additional cost, and the availability of professional

help when a vessel needs towing or is in need of emergency repairs

during late evening or early morning hours.

Commenters were also opposed to the proposal stating the inability

of the City of Chicago, and the lack of personnel available, to move

the mass of boaters in or out of the Chicago River System in a timely

manner. Many of the commenters requested that the Coast Guard, when

considering a final regulation, protect their right to navigate on a

federally controlled waterway in a safe and timely manner, and develop

a regulation that meets the interests of all parties, both land and

waterborne traffic.

From the comments and data received in support of not opening the

City of Chicago bridges for the passage of recreational vessels on

weekdays during the day, the proposed Central Area Circulator was a

point considered for not opening the bridges during this period of

time. However, this light rail system is still in the planning and

funding stages and, at this point in time, daytime bridge openings will

have no effect on a transportation system not yet in place.

Of the 32 oral statements and data submitted at the Public Hearing,

8 were in support of limiting the openings of the Chicago bridges for

recreational vessels, and 23 were opposed to limiting the openings of

bridges for recreational vessels.

After a review of the comments, the Coast Guard, to maintain safety

on a navigable water of the United States, and to protect the economic

benefit of the river infrastructure, has added a Wednesday daytime

opening period (11 a.m.-2 p.m.), 117.391(b)(1) during the Spring

Breakout (April 15 through June 15). The Wednesday daytime opening will

give recreational boaters the opportunity to transit through the

Chicago River System during daylight during the week. Also, the

Wednesday daytime opening will give the mariner the alternative to

transit the river during the week if a scheduled daytime trip on

Saturday or Sunday is delayed or postponed due to a special event

bridge closure, bridge failure, or bad weather.

One of the primary concerns of this rulemaking is the regulation on

the draws during the Spring Breakout period, from April 15 through June

15. The Coast Guard has determined that delay in implementing this rule

would be contrary to the public interest, and that good cause exists to

make this rule effective in fewer than 30 days after publication in the

Federal Register. In order that the new regulations be fully

implemented during the 1994 Spring Breakout, this rule is being made

effective on April 18, 1994.

Regulatory Evaluation

This rule is not major under Executive Order 12886 and not

significant under the Department of Transportation Regulatory Policies

and Procedures (44 FR 11040; February 26, 1979). The Coast Guard

expects the economic impact of this rule to be so minimal that a

Regulatory Evaluation is unnecessary. This change to the operating

regulations for bridges over the Chicago River System allows

recreational vessels to navigate the Chicago River System during the

times specified by these regulations, after having given an advance

notice to the City of Chicago.

Small Entities

This rule will provide boaters with adequate windows of time to

transit to and from their respective boatyards while providing the City

of Chicago with relief during times when there is more than normal

activity in the City. Therefore, the Coast Guard certifies under 605(b)

of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this

proposal will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under section 2.B.2.g.5 of Commandant Instruction

M16475.1B, this rule is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination

statement has been prepared and placed in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble, the Coast Guard amends 33 CFR

117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

1. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. Section 117.391 is revised to read as follows:

Sec. 117.391 Chicago River.

The draws of bridges operated by the City of Chicago shall operate

as follows:

(a) For commercial vessels:

(1) From April 1 through November 30--

(i) The draws of the bridges across the Chicago River from its

mouth to the junction of the North and South Branches, across the South

Branch from the junction to and including the West Roosevelt Road, and

across the North Branch to and including North Kinzie Street and the

Ohio Street bridge shall open on signal; except that, from Monday

through Friday from 7:30 a.m. to 10 a.m., and 4 p.m. to 6:30 p.m., the

draws need not be opened for the passage of vessels.

(ii) The draws of the bridges across the North Branch of the

Chicago River at Grand Avenue, the bridges across the North Branch of

the Chicago River north of the Ohio Street bridge to and including

North Halsted Street, and bridges across the South Branch of the

Chicago River above South Halsted Street to and including West

Roosevelt Road, shall open on signal; except that, from Monday through

Friday from 7 a.m. to 8 a.m. and 5:30 p.m. to 6:30 p.m., the draws need

not open for the passage of vessels.

(iii) The draws of the bridges across the North Branch of the

Chicago River north of North Halsted Street and the South Branch of the

Chicago River south of South Halsted Street shall open on signal;

except that, from 7 a.m. to 8 a.m. and 5:30 p.m. to 6:30 p.m. the draws

need not be opened for the passage of vessels.

(iv) The draws of the Randolph Street, Cermak Road, Throop Street,

and Loomis Street bridges across the South Branch of the Chicago River,

the North Halsted Street bridge across the North Branch Canal, and the

West Kinzie Street bridge across the North Branch of the Chicago River

shall open on signal.

(v) The draws of the following bridges in Chicago shall open on

signal if tended or within 30 minutes after notice is given to the City

of Chicago Bridge Desk:

South Branch

Washington Street

Madison Street

Monroe Street

Adams Street

Jackson Boulevard

Van Buren Street

Congress Street (Eisenhower Expressway)

Harrison Street

Roosevelt Road

Eighteenth Street

Canal Street

South Halsted Street

West Fork of the South Branch

South Ashland Avenue

South Damen Avenue

Chicago River, North Branch

Grand Avenue

Chicago Avenue

North Halsted Street

Ogden Avenue

Division Street

North Branch Canal

Ogden Avenue

Division Street

(vi) The draws of bridges across the North Branch Canal that have a

vertical Clearance of less than 17 feet above Low Water Datum for Lake

Michigan shall open at any time to permit the passage of tugs and

barges.

(2) From December 1 through March 31, the draws of the highway

bridges across the Chicago River, the North Branch of the Chicago

River, North Branch Canal, and the South Branch of the Chicago River

shall open on signal if at least 12 hours notice is given. However, the

bridges need not open during those periods of time specified in

(a)(1)(i), (ii) and (iii) of this section.

(b) For recreational vessels, the draws of the City of Chicago

owned bridges shall operate as follows:

Main Branch

Lake Shore Drive

Columbus Drive

Michigan Avenue

Wabash Avenue

State Street

Dearborn Street

Clark Street

LaSalle Street

Wells Street

Franklin-Orleans Street

South Branch

Lake Street

Randolph Street

Washington Street

Monroe Street

Madison 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

N Halsted Street

(1) From April 1 through November 30--

(i) The draws need to open only between the hours of 6:30 p.m. and

12 midnight on Tuesdays and Thursdays.

(ii) The draws need to open only between the hours of 7 a.m. and 7

p.m. on Saturdays and on Sundays.

(iii) From April 15 through June 15, the draws need to open on

Wednesdays, only from 11 a.m. to 2 p.m.

(iv) The draws need to open only after notice has been given at

least 24 hours in advance of their requested time of passage and only

during the periods of times specified in (b)(1) (i), (ii), (iii) and

(iv) of this section when no fewer than five vessels and not more than

25 vessels are available to transit through the draws during one

scheduled opening. However, when circumstances preclude being able to

assemble the minimum number of vessels, requests shall be made to the

Chicago Bridge Desk to establish a scheduled time for bridge openings.

Circumstances include vessels returning for repair and vessels in

distress.

(2) From December 1 through March 31, the draws of the highway

bridges across the Chicago River, the North Branch of the Chicago

River, North Branch Canal, and the South Branch of the Chicago River

shall open on signal if at least 12 hours notice is given.

(c) The draws on the Lake Shore Drive bridge across Ogden Slip need

not be opened for the passage of vessels.

(d) The draws of the North Avenue, Cortland Street, Webster Avenue,

North Ashland Avenue, Chicago and Northwestern railroad, North Damen

Avenue, and Belmont Avenue bridges across the North Branch of the

Chicago River need not open for the passage of vessels.

(e) The draw of the Chicago, Milwaukee, St. Paul and Pacific

railroad bridge across the North Branch Canal need not open for the

passage of vessels.

(f) The opening signal for all Chicago River bridges is three short

blasts or by shouting; except that, four short blasts is the opening

signal for the Chicago and Northwestern railroad bridge near West

Kinzie Street and the Milwaukee Road bridge near West North Avenue and

five short blasts is the opening signal for the Lake Shore Bridge when

approaching from the north.

Dated: April 13, 1994.

Rudy K. Peschel,

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

[FR Doc. 94-9408 Filed 4-14-94; 1:46 pm]

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