[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Proposed Rules]
[Pages 67319-67322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27369]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0918]
RIN 1625-AA09


Drawbridge Operation Regulation; Lake Champlain, Swanton, VT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the New England Central Railroad Bridge across Missisquoi Bay, 
mile 105.6, at Swanton Vermont. The owner of the bridge has requested 
to operate the bridge from a remote location, at St. Albans, Vermont. 
It is expected that this change to the regulations would provide relief 
to the bridge owner from crewing the bridge while continuing to meet 
the reasonable needs of navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 8, 2013.

ADDRESSES: You may submit comments identified by docket number 
U.S.C.G.-2012-0918 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. John W. McDonald, Project Officer, First Coast 
Guard District Bridge Program, telephone (617) 223-8364, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Tables of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0918), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2012-0918'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

[[Page 67320]]

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0918'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

C. Basis and Purpose

    The New England Central Railroad Bridge, formerly the Central 
Vermont Railway Bridge, at mile 105.6, across Missisquoi Bay, at 
Swanton, Vermont, has a vertical clearance in the closed position that 
ranges between 9.5 feet and zero feet depending on the time of year and 
other conditions. The waterway users are predominantly seasonal 
recreational vessels.
    The existing drawbridge operation regulations are listed at 33 CFR 
117.993(c), which require the draw to operate as follows: From June 15 
through September 15, the draw shall open on signal, Monday through 
Friday between 9 a.m. and 5 p.m. and on Saturday, Sunday, Independence 
Day, and Labor Day, between 7 a.m. and 11 p.m. At all other times, 
after at least a two hour notice is given. From September 16 through 
June 14, on signal after at least a twenty four hour notice is given.
    The Coast Guard received a request from the owner of the bridge, 
New England Central Railroad Inc., to change the drawbridge operation 
regulations to allow the bridge to be operated remotely from the New 
England Central Railroad Dispatcher's Office located at St. Albans, 
Vermont.
    The bridge had been operated manually by hand crank since it was 
constructed in 1912. An operator would be dispatched to the bridge to 
manually close the draw to facilitate the passage of a train and then 
crank the draw back into the open position.
    The Federal Railroad Administration funded the motorization of the 
bridge to allow remote operation of the bridge by New England Central 
Railroad. As a result, in 2012, the operating system was modified by 
adding electric bridge opening motors to swing the draw open and 
closed, a standby electric generator to be used in the event of a power 
outage, local bridge operation controls installed at the tenders 
building on the bridge to be used to locally operate the draw, LED 
navigation lights, and electric illuminated signs both up and down 
stream to warn mariners that the bridge will be closing for the passage 
of an approaching train.
    Presently, rail traffic crosses the bridge seven days a week. There 
are normally two train passages daily crossing the bridge in the 
morning and returning later in the same day.
    Under this notice of proposed rulemaking the bridge would be opened 
and closed remotely, from the New England Central Railroad Dispatchers 
Office at St. Albans, Vermont.
    During the boating season, June 15 through September 15, the bridge 
would remain in the open position at all times, except for the passage 
of rail traffic. Once rail traffic crosses the bridge the bridge would 
be returned to the full open position.
    In the off season, September 16 through June 14, the bridge would 
remain in the closed position at all times.
    The bridge would be opened for the passage of vessel traffic 
September 16 through June 14, upon receipt of a twenty-four hour 
advance notice to open the bridge.
    The bridge opens on average two to three times a week during the 
period 16 September through 14 June when the bridge owner proposes to 
open the draw upon receipt of a twenty-four hour advance notice.
    In addition, the waterway is normally frozen December through April 
each winter when the recreational vessels that normally transit this 
bridge are in winter storage.
    As a result of the above information the Coast Guard believes it is 
reasonable for the bridge owner to operate the bridge from a remote 
location and that the reasonable needs of navigation will continue to 
be addressed.

D. Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.993(c), to allow 
remote operation of the New England Central Railroad Bridge, and also 
eliminate paragraph (d) under the same section which governs the 
operation of the SR78 highway bridge.
    The SR78 highway bridge has been replaced with a new fixed span 
highway bridge; therefore, the drawbridge operations for that bridge 
will be deleted because they are now obsolete and unnecessary.
    For the of the New England Central Railroad Bridge, the Coast Guard 
received a request from the owner, New England Central Railroad Inc., 
to operate the bridge from a remote location at the New England Central 
railroad Dispatcher's Office at St. Albans, Vermont.
    The existing drawbridge operations incorporated an operating 
schedule that listed the days and times the bridge would open for the 
passage of vessel traffic. That operation schedule was established many 
years ago when the bridge was crewed.
    In recent years the bridge was not crewed and didn't operate 
according to the operating schedule but rather it was left in the open 
position during the boating season June through September, except when 
a train was scheduled to cross the bridge. Rail personnel would be 
dispatched to the bridge two hours in advance of a train crossing to 
manually crank the draw closed to facilitate the passage of the rail 
traffic and then return the bridge to the full open position once the 
train cleared the bridge.
    The bridge was motorized in 2012, to facilitate remote operation, 
and thereby eliminate the dispatching of personnel back and forth daily 
to operate the bridge.
    Under this notice of proposed rulemaking, as a result of operating 
the draw remotely, the bridge will simply remain in the open position 
at all times from June 15 through September 15, except for the passage 
of rail traffic. From September 16 through June 14, the draw would 
remain in the closed position at all times, except for the passage of 
vessel traffic, that provides at least a twenty four hour notice to 
open the draw.

[[Page 67321]]

    The New England Central Railroad Bridge is listed in the existing 
regulations as the Central Vermont Railway Bridge. We are changing the 
name of the bridge under this proposed rule to update the present name 
and ownership of the bridge.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866, or under 
section 1 of Executive Order 13563 because the bridge will continue to 
operate under the same operation schedule, except that, it will be 
opened and closed from a remote location. The Office of Management and 
Budget has not reviewed it under those Orders.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons:
    The bridge will continue to operate under the same opening 
schedule, except that it will be opened and closed from a remote 
location.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
Assistance for Small Entities
    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 proposed 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, above.
    The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

3. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

4. Federalism

    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 proposed rule under that Order and 
have determined that it does not have implications for federalism.

5. 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.

6. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

7. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

8. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

10. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Offices of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, and Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination

[[Page 67322]]

that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This proposed rule simply promulgates the operating 
regulations or procedures for drawbridges. This rule is categorically 
excluded, under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of significant environmental 
impact from the proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.993 paragraph (c) and remove paragraph (d) to 
read as follows:


Sec.  117.993  Lake Champlain.

* * * * *
    (c) The draw of the New England Central Railroad Bridge across 
Missiquoi Bay, mile 105.6, at Swanton, Vermont, shall operate as 
follows:
    (1) From June 15 through September 15, the draw shall remain in the 
full open position at all times and shall only be closed for the 
passage of rail traffic or the performance of maintenance authorized in 
accordance with subpart A of this part.
    (2) From September 16 through June 14, the draw may remain in the 
closed position and shall be opened on signal for the passage of vessel 
traffic after at least a twenty four hour notice is given by calling 
the number posted at the bridge.
    (3) The draw may be operated either remotely by the New England 
Central Railroad train dispatcher located at St. Albans, Vermont or 
manually by a draw tender located at the bridge.
    (4) A sufficient number of infrared cameras shall be maintained in 
good working order at all times with a clear unobstructed view of the 
channel under the bridge, and the up and down stream approaches to the 
bridge. A signal horn and message boards located both up and down 
stream, necessary to warn marine traffic that the bridge will be 
closing, shall also be maintained in good working order at all times. 
In the event that any of the cameras, navigation lights, horn, or 
message board become disabled, personnel shall be deployed to the 
bridge to be on scene within two hours from the known time of the 
equipment failure.
    (5) The draw may operate remotely as follows: Once it is determined 
that the draw must be opened or closed, the train dispatcher shall 
observe the waterway both up and down stream via the infrared cameras 
to verify that the channel is clear of all approaching vessel traffic. 
All approaching vessel traffic shall be allowed to pass before the 
bridge may closed. Once it is determined that no vessel traffic is 
approaching the dispatcher shall sound the warning horn and activate 
the up and down stream message boards indicating that the bridge will 
be closing. After at least a one minute delay the draw may then be 
closed and the swing span navigation lights shall display as red to 
indicate the bridge is in the closed position. Once the train clears 
the bridge the draw shall be returned to the full open position and the 
swing span lights shall display as green to indicate the draw is in the 
full open position.
    (6) In the event that the dispatcher cannot verify that the channel 
is clear of all vessel traffic and the bridge cannot be safely closed, 
an on-scene train crewmember shall observe the waterway for any vessel 
traffic and then communicate with the train dispatch office either by 
radio or telephone to request the bridge be safely closed. Personnel 
shall then be deployed to the bridge to arrive within two hours to 
inspect and repair the bridge remote operation equipment. The bridge 
shall be operated manually from the tender's house located at the 
bridge until all necessary repairs are completed to the remote 
operation equipment.
* * * * *

    Dated: October 16, 2012.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-27369 Filed 11-8-12; 8:45 am]
BILLING CODE 9110-04-P