Rule2021-15986
Drawbridge Operation Regulation; Chicago River, Chicago, IL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 30, 2021
Effective
August 30, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is revising the operating schedule that governs the Amtrak Railroad Bridge, mile 3.77, across the South Branch of the Chicago River, at Chicago, Illinois to be operated remotely and establish an intermediate opening position.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40957-40959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15986]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0034]
RIN 1625-AA09
Drawbridge Operation Regulation; Chicago River, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the operating schedule that
governs the Amtrak Railroad Bridge, mile 3.77, across the South Branch
of the Chicago River, at Chicago, Illinois to be operated remotely and
establish an intermediate opening position.
DATES: This rule is effective August 30, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2020-0034 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone 216-902-6085, email
<a href="/cdn-cgi/l/email-protection#5b173e3e751f7508342e373e1b2e28383c75363237"><span class="__cf_email__" data-cfemail="9fd3fafab1dbb1ccf0eaf3fadfeaecfcf8b1f2f6f3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
OMB Office of Management and Budget
Sec. Section
TD Temporary Deviation with Request for comments
U.S.C. United States Code
II. Background Information and Regulatory History
On April 8, 2020 the Coast Guard published a TD in the Federal
Register (85 FR 19659) to test the proposed rule and allow mariners to
provide comments from June 1, 2020 through September 1, 2020. We
received one unrelated comment.
On May 4, 2021, the Coast Guard published a NPRM in the Federal
Register (86 FR 23639). There we stated why we issued the NPRM, and
invited comments on proposed regulatory action. During the comment
period that ended on June 3, 2021, we received zero (0) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile 3.77, over the South Branch of the
Chicago River provides a vertical clearance of 10 feet in the down
position and 65 feet in the open position above LWD and a horizontal
clearance of 156 feet. The bridge crosses the river on a slight skew on
an ``S'' curve in the
[[Page 40958]]
river requiring longer vessels to use most of the horizontal clearance
for maneuvering. The South Branch of the Chicago River is part of a
network of waterways that allow vessels to travel from Chicago, IL to
New Orleans, LA. Cook County described the Chicago River as the 5th
largest port in the United States, hosting commercial vessels over 300
tons, recreational power and sailing vessels, several passenger
vessels, water taxies, paddle boats and various paddle craft. Most
vessels can pass under all of the bridges in the Chicago metropolitan
area without an opening, with the exception of the Amtrak Bridge.
During an average weekday, 150,000 commuters travel over the Amtrak
Bridge.
In accordance with general bridge regulations a drawbridge must
open promptly and fully when signaled to open. Lifting the bridge to 65
feet for every vessel when most vessels only need an additional 10 feet
of clearance increases the delay experienced by all modes of
transportation.
The Amtrak Bridge has been operating remotely for several years
without any concerns for the mariners.
IV. Discussion of Comments, Changes and the Final Rule
We received one comment to the TD that was unrelated to the bridge
or proposed regulatory action. We did not receive any comments to the
NPRM, and do not intend to change anything from the published NPRM.
V. Discussion of Final Rule
The Coast Guard is including in the regulations that the AMTRAK
Bridge is authorized to operate remotely.
The Coast Guard is authorizing the bridge to open to an
intermediate position that will provide a vertical clearance of 34 feet
above LWD. A yellow light at the center of the bridge, visible to
vessels approaching the bridge from both upriver and downriver sides
will verify the bridge has met the intermediate height. At any time a
vessel with greater air draft can radio the drawtender and request a
full opening. This rule is expected to increase bridge availability to
all users by 50%.
VII. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge without changing the bridge
schedule and it keeps the maximum advertised clearance available for
vessels as needed.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V. A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on
[[Page 40959]]
the human environment. This rule promulgates the operating regulations
or procedures for drawbridges and is categorically excluded from
further review, under paragraph L49, of Chapter 3, Table3-1 of the U.S.
Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.391 [Amended]
0
2. Amend Sec. 117.391 by revising paragraph (d) to read as follows:
Sec. 117.391 Chicago River.
* * * * *
(d) The Amtrak Bridge, mile 3.77, is authorized to operate remotely
and open to the intermediate position on signal, unless a request for a
full opening is received by the drawtender. The bridge is required to
operate a marine radio.
* * * * *
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-15986 Filed 7-29-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 30, 2021.
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