Drawbridge Operation Regulations; Chicago River, IL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-95-004]

Drawbridge Operation Regulations; Chicago River, IL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation and public hearing; request for

comments.

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

90-day deviation from the operation regulations for the draws of City

of Chicago-owned bridges over the Chicago River, Illinois. The

deviation is being authorized to solicit comments, data, and

recommendations concerning impacts upon the various modes of

transportation, to include vessel, vehicular, and rail to determine if

a change to the existing schedule of bridge operation will result in a

more equitable balance of impacts upon all modes of transportation.

This deviation would provide for a twenty-four hour advance notice to

the City of Chicago of planned recreational vessel movement and not

restrict vessels to particular periods for passage through the bridges,

other than during the established and specified periods of rush hour

closure periods. The Coast Guard will hold a public hearing concerning

this deviation and will review comments, data, and recommendations

prior to issuing the deviation.

DATES: The public hearing will be held on Thursday, March 9, 1995 at 7

p.m.

The deviation will be effective from April 15, 1995, through July

14, 1995, unless sooner terminated by the District Commander. Comments

on the impacts of the deviation must be received by July 20, 1995.

ADDRESSES: The public hearing will be held at the Ralph H. Metcalfe

Federal Building, 77 West Jackson Boulevard, Chicago, Illinois, Room

331.

Comments on the deviation may be mailed to Mr. Robert Bloom, Chief,

Bridge Branch, Ninth Coast Guard District, 1240 East Ninth Street,

Cleveland, Ohio, 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 the public 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:

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

District, (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Public Hearing

The Commander, Ninth Coast Guard District, has scheduled a public

hearing to be held to solicit comments relative to this deviation which

will govern the operation of City of Chicago-owned drawbridges across

the Chicago River System.

The hearing will provide all concerned parties with the opportunity

to present oral and written statements, with supporting data, to the

Coast Guard, for evaluation to determine if any revisions are to be

made to the deviation prior to its becoming effective on April 15,

1995.

The public hearing will be held on Thursday, March 9, 1995 at 7

p.m. at the Ralph H. Metcalfe Federal Building, 77 West Jackson

Boulevard, Chicago, Illinois, Room 331.

The hearing will be informal. A Coast Guard representative will

preside at the hearing, make a brief opening statement describing the

proposed temporary deviation to regulations, and announce the

procedures to be followed at the hearing. Each person who wishes to

make an oral statement should notify the person listed in the section

FOR FURTHER INFORMATION CONTACT in this notice. Such notification

should include the approximate time required to make the presentation.

A transcript will be made of the hearing and may be purchased by

the public through arrangements with the individual providing the

transcription service. Interested persons who are unable to attend this

hearing may also participate in this solicitation by submitting their

comments in writing. Each comment should state reasons for support or

opposition, suggest any proposed changes to the deviation, and include

the name and address of the person or organization submitting the

comment. Comments should be sent to the address under ADDRESSES.

Request for Comments

The Coast Guard encourages interested persons to submit written

data or views concerning the operation of drawbridges during this

deviation period. Persons submitting comments should include their

names and addresses and identify this notice (CGD09-95-004). 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 acknowledgement of receipt of comments should

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

will consider all comments received during the comment period.

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 and Purpose

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 (1993 Edition). The regulations reinstated by the District

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

hour periods. Further, those regulations contained no requirement for

advance notice or the use of specified recreational vessel flotilla

size. As a result of the Court decision and to gather data for future

use, in the Fall of 1994, the District Commander issued a temporary

deviation to regulations for the period October 11, 1994 through

December 5 , 1994, with a comment period through January 15, 1995. The

deviation provided openings of bridges, with a twenty-four hour advance

notice to the City of Chicago, from 7 a.m. to 7 p.m. on Saturdays and

Sundays, and on Wednesdays between the hours of 6:30 p.m. and 10:00

p.m. throughout the entire period. In addition, from October 11 through

October 23 the draws were opened during the period from 10:30 a.m. to

1:30 p.m. on Tuesdays and Thursdays, and from October 23 through

December 5 the draws were opened for vessel passage during the

[[Page 8942]] time between 10:30 a.m. and 1:30 p.m. on Wednesdays.

Flotilla size was specified.

Discussion of Comments and Changes

At the end of the comment period for the temporary deviation to

regulations, the Coast Guard received twenty-one comments. One comment

letter, from the City of Chicago, expressed opposition to any permanent

regulation for the Spring Breakout in 1995. In response to a request

for data, the City stated the data would be provided to the Coast Guard

on June 15, 1995. In addition, they proposed one weekday daylight

opening and weekend openings. Thirteen of the other twenty comment

letters favored not effecting any change to the regulations that are in

place now and expressed opposition to establishing minimums and

maximums for recreational vessel flotilla sizes that would be allowed

to pass through the bridges. Other commenters indicated that if a

change is necessary, there should be daylight openings during the

weekdays and not restrict openings to strictly nighttime hours from

Monday through Friday. These commenters also expressed opposition to

establishing a minimum and maximum of boats that would be required for

the bridges to be opened. Representatives from the Chicago River boat

yards in their comments stated they did not favor a permanent

regulation for the Spring Breakout in 1995, but favor the existing

regulatory structure.

The District Commander has authorized the temporary deviation to

commence on April 15, 1995, and remain in effect for a period of ninety

(90) days. This deviation would require that the City open their

bridges seven days a week for the passage of recreational vessels only

when notice is given twenty-four hours in advance of a vessel's time of

intended passage through the draws. However, the bridges subject to

this deviation need not open for the passage of recreational vessels

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

Fridays. No requirement as to minimum or maximum flotilla size will be

imposed. This deviation will facilitate data gathering and scheduling

and will support safety while addressing concerns of all parties during

the Spring period when most recreational vessels traditionally return

to Lake Michigan from winter storage at the Chicago River boat yards.

The temporary deviation from the operating requirements at 33 CFR

117.391 governing bridges owned by the City of Chicago over the Chicago

River would read as follows:

The bridges affected by this deviation are listed below:

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

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, and applies only to the passage of

recreational vessels. Under this deviation the bridges listed above

operated by the City of Chicago shall operate as follows:

(a) The bridges covered by this deviation need not open for the

passage of vessels Mondays through Fridays from 7:30 a.m. to 10 a.m.

and 4 p.m. to 6:30 p.m.

(b) At all other times the draws shall open on signal if notice is

given twenty-four hours in advance of a vessel's time of intended

passage through the draws.

(c) This period of deviation is effective from April 15, 1995

through July 14, 1995.

Dated: February 10, 1995.

Paul J. Pluta,

Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,

Acting.

[FR Doc. 95-3952 Filed 2-15-95; 8:45 am]

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