Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8941

§ 113.2 [Corrected]

3. The heading for § 113.2 is revised

to read ‘‘Applicability’’.

Dated: February 10, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–3825 Filed 2–15–95; 8:45 am]

BILLING CODE 5000–04–M

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.

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

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgement of receipt of

comments should enclose stamped, selfaddressed 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
8942 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

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, § 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 twentyfour 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]

BILLING CODE 4910–14–M

33 CFR Part 161

[CGD09–94–036]

RIN 2115–AF01

Temporary Speed Limits for the St.

Marys River; Correction

AGENCY: Coast Guard, DOT.

ACTION: Final rules.

SUMMARY: This document corrects the

temporary final regulations [CGD09–94–

036] which were published on Monday,

January 23, 1995, (60 FR 4378)

concerning the Speed Limits for the St.

Marys River.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Ms. Irene Hoffman, Project Manager,

Vessel Traffic Services Division (G–

NVT), at (202) 267–6277.

SUPPLEMENTARY INFORMATION:

Background

In accordance with an agreement

reached on June 29, 1993, with the U.S.

Army Corps of Engineers, the U.S. Fish

and Wildlife Service and the Michigan

Department of Natural Resources, the

Coast Guard may make temporary

changes to the speed regulations for

periods during the winter season when

icebreaking is being conducted in the

vicinity of Neebish Island, St. Marys

River, Michigan, as a precautionary

measure to minimize any possible

damage to the environment.

In 59 FR 36324 of July 15, 1994;

sections 161.1 through 161.60 of 33 CFR

Part 161 were revised. In this document

revising Part 161, speed limit

regulations for the St. Marys River were

placed in 33 CFR Part 162.

On January 23, 1995, a document was

published at page 4378 to amend 33

CFR Part 161. This document, intended

to address temporary speed limits in the

St. Marys River, amended Part 161 by

suspending § 161.880 and adding

§ 161.881. The suspension and addition

were effective from December 29, 1994

through April 15, 1995.

Need for Correction

The January 23, 1995, amendments

did not make the needed temporary

changes to the St. Marys River speed

limits. That publication, therefore,

needs to be revoked. A new temporary

rulemaking addressing the St. Marys

River speed limits in 33 CFR 162.117

will be prepared for publication.

For this reason, under the authority of

33 U.S.C. 1231 and 49 CFR 1.46, the

suspension of § 161.880 is terminated

and § 161.881 is removed.