[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Rules and Regulations]
[Pages 18006-18008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8758]



=======================================================================
-----------------------------------------------------------------------

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 revised temporary deviation.

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

summary: The Commander, Ninth Coast Guard District, has revised the 
bridge opening schedule for the authorized 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 revised based 
on all available information, including information and comments 
presented at the public hearing held on Thursday, March 9, 1995. The 
revised deviation will provide for daylight weekend openings, and 
weekday daylight and evening openings on Tuesdays and Thursdays during 
the Spring breakout period.

dates: The deviation will be effective from April 15, 1995, through 
July 13, 1995, unless sooner terminated by the District Commander. 
Comments on the impacts of the deviation must be received by June 9, 
1995.

addresses: Comments on the deviation may be mailed to Mr. Robert Bloom, 
Chief, Bridge Branch, Ninth Coast Guard District, 1240 East Ninth 
Street, Cleveland, Ohio. The public docket will be available for 
inspection or copying in 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., Chief, 
Bridge Branch, Ninth Coast Guard District, (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Robert 
Bloom, Chief, Bridge Branch, and Commander James Collin, District Legal 
Officer, Ninth Coast Guard District.

Background and Purpose

    Regulations governing the operation of drawbridges are promulgated 
under the authority of 33 U.S.C. 499. As amended in 1988, the statute 
provides that any rules and regulations made in pursuance of this 
section shall, to the extent practical and feasible, provide for 
regularly scheduled openings of drawbridges during seasons of the year, 
and during times of the day, when scheduled openings would help reduce 
motor vehicle traffic delays and congestion on roads and highways 
linked by drawbridges.
    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, 
(C.A. No. 94-1152 SSH), rescinding the Final Rule published on April 
18, 1994, and reinstating the previous regulations found at 33 CFR 
117.391. 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 [[Page 18007]] p.m. and 10 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 period 
between 10:30 a.m. and 1:30 p.m. on Wednesdays. Flotilla size was 
specified.
    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 support of its position, 
the City provided data concerning the number of boat runs during the 
preceding Spring and Fall seasons, including the number of boats 
traversing through the drawbridges and the number of times the 
individual drawbridges were opened and delays that occurred. The City 
was unable to provide a vehicular traffic count for the Fall, but it 
stated that it would provide traffic count statistics for the Spring 
season. In the interim, the City urged a deviation schedule allowing 
one weekday daylight opening and weekend openings. Thirteen of the 
other twenty comment letters favored not affecting 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 openings should not be 
restricted to strictly nighttime hours from Monday through Friday. 
These commenters also expressed opposition to establishing a minimum 
and maximum number 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.
    On February 16, 1995, (60 FR 8941) the District Commander published 
a Notice of his intent to issue a deviation for the Spring breakout and 
announced a public hearing to discuss the proposed schedule in the 
deviation. The proposed deviation would have required the draws to open 
on demand, except during rush-hour periods for recreational vessels 
that had provided twenty-four hours notice of their intended passage 
through the draws.

Public Hearing

    The Commander, Ninth Coast Guard District, held a public hearing to 
solicit comments relative to this deviation which will govern the 
operation of City of Chicago-owned drawbridges across the Chicago River 
System during the Spring breakout.
    The hearing provided 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 ought to be made to 
the proposed deviation.
    A Coast Guard representative presided at the hearing, made a brief 
opening statement describing the proposed temporary deviation to 
regulations, and announced the procedures to be followed at the 
hearing. The meeting was well attended and there were multiple 
presentations, primarily by three interested groups: the City of 
Chicago, the boatyards, and some national level organizations. A 
transcript is being made of the hearing and may be purchased by the 
public through arrangements with Ms. Katherine Kerns, CSR, 79 West 
Monroe Street, Suite 627, Chicago, IL 60603. She may also be reached at 
(312) 357-1617.

Summary of Comments at Public Hearing

    The City representatives stated they have determined weekday 
daylight openings are not necessary since all outgoing and incoming 
flotillas can be accommodated on weekends. Weekday openings are too 
disruptive to emergency services, commercial vehicular traffic during 
business hours, and pedestrian and mid-day vehicular traffic.
    Businesses in Chicago were not in favor of weekday daylight 
openings due to disruption of deliveries, public transportation, and 
emergency services.
    Representatives of the boatyards stated that the regulations 
presently in effect should not be modified until data is collected for 
an entire navigation season to depict seasonal changes of impact.
    The boaters stated not all boatowners are available to join 
flotillas on weekends, but they can join flotillas during the weekday 
daylight hours. Nighttime navigation, in their opinion, during the week 
is not conducive to safety.
    Based on the comments from the public hearing and all available 
data the District Commander is revising the authorized deviation for 
the Spring breakout period to better address the concerns which were 
expressed by those participating in the public meeting.
    The concerns raised at the public meeting and the data submitted to 
the Coast Guard at this point are insufficient to provide a basis for a 
permanent regulatory change. They nonetheless provide a framework for 
making revisions to the Spring deviation, particularly in light of the 
1988 statutory amendment. This deviation period will be preliminary to 
the permanent rulemaking project to be conducted as a formal Negotiated 
Rulemaking, announced by separate notice elsewhere in today's issue of 
the Federal Register. The Coast Guard intends to charter a Negotiated 
Rulemaking Committee to develop a proposed permanent rule based on 
information and comments gathered during this and previous deviation 
periods as well as new information to be developed by the Committee 
during the rulemaking. The Coast Guard is requesting participation by 
both the City of Chicago and the interested boatyards and is asking 
them to submit data and impact assessments relating to this and other 
deviations in order to assist the Committee members in formulating any 
proposed changes to the current regulations. In particular, the Coast 
Guard requests the City of Chicago to provide information on 
unreasonable impacts upon vehicular traffic resulting from bridge 
openings at inopportune time; inequities or adverse impacts on other 
modes of transportation resulting from bridge openings at particular 
times; vehicular traffic counts showing directional flow (in fifteen 
minute increments over a period of at least fourteen consecutive days); 
reports of delays experienced by emergency vehicles (fire, ambulance, 
police) due to bridge openings; bridgetender logs for the 1994 
navigation season (1 April 1994 through 5 December 1994); and current 
costs for operation of the bridges to provide for the passage of 
recreational vessels both under the provisions of this deviation and 
under the current permanent regulations. The boatyards and boat 
operators are requested to provide information concerning the impacts 
of the deviation on their ability to prepare vessels for the Spring 
breakout, and the needs of boat operators, including the ability to 
traverse the Chicago River on weekends or at stated weekday hours, the 
ability to form flotillas, the practicality of advance notices 
scheduling drawbridge openings, problems presented by traversing the 
Chicago River at night, and any other information which will be helpful 
to the Negotiated Rulemaking [[Page 18008]] Committee in balancing the 
operational needs of the boatyards with the needs of the City and other 
modes of transportation.
    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 will require that the City open their bridges 
for the passage of recreational vessels on Saturdays and Sundays from 7 
a.m. to 7 p.m., on Tuesdays and Thursdays from 10:30 a.m. to 1:30 p.m., 
and on Tuesday and Thursday evenings from 6:30 p.m. to 11:30 p.m. All 
openings require twenty-four hour advance notice of intended passage be 
given to the City.
    The bridges subject to this deviation need not open for the passage 
of any vessels from 7:30 a.m. to 10 a.m. and 4 p.m. to 6:30 p.m., 
Mondays through Fridays. The Coast Guard anticipates that the boatyard 
owners and boaters will coordinate the movement of vessels from the 
boatyards to Lake Michigan and, to the extent practicable, arrange for 
the vessels to move in flotillas so as to minimize the number of bridge 
openings required. No requirement for minimum flotilla size will be 
imposed, however past experience indicates that an upper target of 
approximately 25 vessels is appropriate and will be enforced. 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 
will read as follows:
    The bridges affected by this deviation are listed below:

------------------------------------------------------------------------
      Main branch              South branch            North branch     
------------------------------------------------------------------------
Lake Shore Drive.......  Lake Street............  Grand Avenue.         
Columbus drive.........  Randolph Street........  Ohio Street.          
Michigan Avenue........  Washington Street......  Chicago Avenue.       
Wabash Avenue..........  Monroe Street..........  N Halsted Street.     
State Street...........  Madison Street.........                        
Dearborn Street........  Adams Street...........                        
Clark Street...........  Jackson Boulevard......                        
LaSalle Street.........  Van Buren Street.......                        
Wells Street...........  Eisenhower Expressway..                        
Franklin-Orleans Street  Harrison Street........                        
                         Roosevelt Road.........                        
                         18th Street............                        
                         Canal Street...........                        
                         South Halsted Street...                        
                         South Loomis Street....                        
                         South Ashland Avenue...                        
------------------------------------------------------------------------

    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) On Saturdays and Sundays the draws shall open on signal between 
the hours of 7 a.m. and 7 p.m.
    (c) On Tuesdays and Thursdays the draws shall open on signal 
between the hours of 10:30 a.m. and 1:30 p.m.
    (d) On Tuesdays and Thursdays the draws shall open on signal 
between the hours of 6:30 p.m. and 11:30 p.m.
    (e) Except for emergencies, all openings require that 24 hours 
advance notice of intended passage be given to the City.
    (f) Not more than 25 vessels shall pass through the bridges during 
one opening.
    (g) This period of deviation is effective from April 15, 1995 
through July 13, 1995.

    Dated: April 5, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 95-8758 Filed 4-6-95; 8:45 am]
BILLING CODE 4910-14-M