[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Rules and Regulations]
[Pages 14444-14446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05132]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulation that governs the operation of the New England Central 
Railroad Bridge across Missisquoi Bay, mile 105.6, at Swanton, Vermont, 
and removing the regulation for the SR78 highway bridge at mile 105.9. 
The owner of the New England Central Railroad Bridge has requested to 
operate the bridge from a remote location, at St. Albans, Vermont. It 
is expected that this change to the regulations will provide relief to 
the bridge owner from crewing the bridge while continuing to meet the 
reasonable needs of navigation.

DATES: This rule is effective April 5, 2013.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2012-0918 and are available online by 
going to http://www.regulations.gov, inserting USCG-2012-0918 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. John W. McDonald, Project Officer, First Coast Guard 
District Bridge Branch, 617-223-8364, [email protected]. If you 
have questions on viewing the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    On November 9, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Lake Champlain, 
Swanton, VT'' in the Federal Register (77 FR 67319). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

B. 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

[[Page 14445]]

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 final rule the bridge will 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 
will remain in the open position at all times, except for the passage 
of rail traffic. Once rail traffic crosses the bridge the bridge will 
be returned to the full open position.
    In the off season, September 16 through June 14, the bridge may 
remain in the closed position at all times.
    The bridge will 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 will open after a 
twenty four hour advance notice is given.
    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.
    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.
    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 rule to update the present name and 
ownership of the bridge.

C. Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
final rule.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. This conclusion is based on the fact that 
the bridge will continue to operate the same, except that, it will be 
opened and closed from a remote location in St. Albans, Vermont.

2. 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 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.
    This rule will have no effect on small entities since this 
drawbridge will continue to operate the same except that it will be 
operated from a remote location.
    There is no new restriction or regulation being imposed by this 
rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities

3. 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 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.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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 rule will 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 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 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.

[[Page 14446]]

10. Indian Tribal Governments

    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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
order 13211, Actions Concerns Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this 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 concluded 
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 rule involves operating the bridge from a remote 
location. 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.

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.   117.993, revise paragraph (c) and remove paragraph (d).
    The revision reads 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 be 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.
    (7) 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: February 20, 2013.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-05132 Filed 3-1-13; 4:15 pm]
BILLING CODE 9110-04-P