98-16242. Merger of the Uniform States Waterway Marking System With the United States Aids to Navigation  

  • [Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
    [Rules and Regulations]
    [Pages 33570-33574]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-16242]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Parts 62 and 66
    
    [USCG 97-3112; CGD 97-018]
    RIN 2115-AF45
    
    
    Merger of the Uniform States Waterway Marking System With the 
    United States Aids to Navigation
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: The Coast Guard commences a five year phased-in merger of the 
    Uniform State Waterway Marking System with the United States Aids to 
    Navigation System. This merger eliminates distinctions between the two 
    systems and creates safer, less confusing waterways.
    
    DATES: This final rule is effective July 20, 1998.
    
    ADDRESSES: Documents as indicated in this preamble are available for 
    inspection or copying at the Docket Management Facility, [USCG-97-
    3112], U.S. Department of Transportation, room PL-401, 400 Seventh 
    Street SW., Washington, DC 20590-0001.
    
    FOR FURTHER INFORMATION CONTACT:
    For questions on this rule contact Dan Andrusiak, OPN-2 Short Range 
    Aids to Navigation Division, USCG Headquarters, telephone (202) 267-
    0327, For questions on viewing material in the docket, contact Carol 
    Kelley, Coast Guard Dockets Team Leader, or
    
    [[Page 33571]]
    
    Paulette Twine, Chief Documentary Services Division, U.S. Department of 
    Transportation, telephone (202) 366-9329.
    
    SUPPLEMENTARY INFORMATION:
    
    Regulatory History
    
        On December 23, 1997, the Coast Guard published a notice of 
    proposed rulemaking entitled ``Merger of the Uniform State Waterway 
    Marking System and the United States Aids to Navigation System'' in the 
    Federal Register (62 FR 67031). The Coast Guard received five letters 
    commenting on the proposed rulemaking. No public hearing was requested, 
    and none was held.
    
    Background and Purpose
    
        The Uniform State Waterways Marking System (USWMS), 33 CFR 66.10, 
    prescribes regulatory markers and aids to navigation that may mark 
    navigable waters that the Commandant designates as state waters in 
    accordance with 33 CFR 66.05-5. The USWMS may also mark the non-
    navigable internal waters of a state.
        The United States Aids to Navigation System (USATONS), 33 CFR 62, 
    prescribes regulatory markers and aids to navigation that mark 
    navigable waters of the United States. Navigable waters, defined by 33 
    CFR 62.02-25, include territorial seas and internal waters that have 
    been or can be used for interstate commerce, either by themselves or in 
    connection with other waterways.
        Section 66.10-1(b), allows the use USATONS on state and non-
    navigable internal waters, and many states already use the USATONS 
    instead of the USWMS.
        In 1992, the National Association of State Boating Law 
    Administrators (NASBLA) passed a resolution requesting that the Coast 
    Guard:
        1. Change the meaning of the red and white striped buoy from the 
    USWMS meaning of obstruction to the USATONS meaning of safewater,
        2. Change the black USWMS buoy to the green USATONS buoy, and
        3. Use a phased-in implementation period for these changes.
        NASBLA requested these changes because they believe the current 
    USWMS markings, which are different from the USATONS markings, confuse 
    boaters and could cause casualties. A comparison of these two systems 
    showed that almost all of the requirements of the USWMS are contained 
    in the USATONS.
        The major differences between the two systems are:
        1. The USMWS has the additional requirement of orange bands on 
    regulatory buoys;
        2. The USWMS allows for lights on mooring buoys whereas the USATONS 
    is silent; and,
        3. The USWMS uses the cardinal system to mark obstructions and the 
    USATONS uses the lateral System of marking obstructions.
    
    Discussion of Comments and Changes
    
        One comment suggested that in Secs. 62.1(b)(2), 62.21(a), 66.05-1, 
    66.05-5(b), and 66.05-20 (c)(3) the wording ``insert date five years 
    from the date of publication in the Federal Register of the final 
    rule'' be changed to ``December 31, 2003''. The Coast Guard agrees with 
    this suggestion, and will also change Sec. 66.10-1.
        One comment suggested that in Sec. 62.33(b) the Coast Guard delete 
    ``of international orange'' from the first sentence. The Coast Guard 
    concurs and has changed Sec. 62.33(b). This change eliminates potential 
    confusion from a belief that two different shades of orange are 
    required.
        One comment suggested that in Sec. 62.33(b) in the second sentence, 
    change ``at the top'' to ``near the top.'' The Coast Guard agrees with 
    this suggestion because an orange band at the very top of a buoy would 
    cease to be a band but would result in a buoy with an orange top.
        One comment suggested the Coast Guard not add the lighting 
    requirements for mooring buoys to Sec. 62.35, but to Sec. 62.45(d)(6), 
    which prescribes the light rhythm requirements. The Coast Guard agrees.
        One comment suggested that in Sec. 62.54 the wording be changed to 
    be less ambiguous. Specifically the comment suggested that Sec. 62.54 
    read ``Succinct, concise ownership identification which does not 
    compromise signal effectiveness is permitted on aids to navigation.'' 
    The Coast Guard disagrees with the suggested wording. Historically, 
    ownership identification on private or State aids to navigation has not 
    been a problem. Additionally, the Coast Guard does not desire at this 
    time to expand the authority for ownership markings to Federal aids to 
    navigation.
        Another comment suggested that the reference to the ``second 
    category'' in paragraph 66.10-15(a) be removed and this paragraph 
    changed to read ``USWMS aids to navigation may have lateral or cardinal 
    meaning.'' The Coast Guard agrees, The ``first category'' of USWMS aids 
    was regulatory markers discussed in Sec. 66.10-5. This section is 
    removed since equivalent regulatory marks exist in Sec. 62.33. 
    Therefore, because no ``first category'' exists, discussion of a 
    ``second category'' may be confusing.
        One comment expressed concern over the change in definition of the 
    red and white striped buoy, because this would eliminate an aid which 
    provides the mariner specific information ``not to pass between the 
    buoy and the nearest shore''. The comment also stated that in an area 
    where it is hard to determine the head of navigation, the use of side 
    marks would be impracticable. The comment suggested the creation of a 
    black and white vertically striped buoy available for use on Inland 
    Waters, with the meaning ``do not pass between the buoy and the nearest 
    shore''. The Coast Guard agrees. A new section has been added that 
    allows the use of a black and white striped buoy on Inland waters, 
    where the head of navigation is hard to define, which warns mariners 
    not to pass between the buoy and the nearest shore. Further, to avoid 
    confusion, USWMS red and white striped obstruction buoys under 
    Sec. 66.10-15(e)(3) will not be permitted to exist on a body of water 
    for which the new USATONS black and white vertically striped buoy is 
    used.
        Another comment suggested that once the regulations from the two 
    systems are merged, proper training must be given to all users. The 
    Coast Guard agrees, and will provide education and outreach information 
    regarding the merger of these two systems through the office of Boating 
    Safety website (www.uscgboating.org) and through the Coast Guard 
    Customer Information Line at 1-800-368-5647. Additionally, the Coast 
    Guard expects that the various State Boating Law Administrators will 
    modify existing educational materials to reflect the changes.
        One comment suggested that in addition to changing the meaning of 
    the red and white striped buoy, the Coast Guard also change the shape 
    of this aid. The USATONS requires the red and white safe water mark to 
    be spherical or display spherical top mark. This is the requirement for 
    all newly established safe water marks and for all safe water marks at 
    the end of the phase-in period.
        One comment suggested that the costs associated with this change 
    would impose a monetary burden on the states currently using USWMS. The 
    replacement of USWMS aids is linked to the aid's lifecycle. Since, the 
    existing aids will need replacement during the phase-in period, no 
    additional costs should be incurred. Also, most existing educational 
    materials will need to be replaced during this five year phase-in 
    period. Further, through training and education the Coast Guard 
    believes any
    
    [[Page 33572]]
    
    confusion from the existence of the two systems on one waterway to be 
    minimal.
    
    Discussion of Rule
    
        Regulatory and Informational Markers: The USATONS provides a system 
    for information and regulatory markers nearly identical to the USWMS. 
    The only USWMS requirement not prescribed by the USATONS is that buoys 
    have two horizontal orange bands, one just above the water line and one 
    near the top of the buoy. The Coast Guard amends 33 CFR 62.33 to add 
    the USWMS requirement of two horizontal orange bands to the USATONS.
        Channel markers: The USWMS black buoy will be replaced, via a 
    phased-in process, with the green buoy required by the USATONS. The 
    phase-in process avoids unnecessary replacement costs to the states.
        Red and white striped buoy: The meaning of the red and white 
    striped buoy changes from the USWMS ``do not pass between the buoy and 
    nearest shore'' to the USATONS ``safewater all around.'' Obstructions 
    marked with the USWMS red and white striped buoy can be marked, via a 
    phased-in process, with the USATONS' sidemark prescribed in 33 CFR 
    62.25(b), with an isolated danger mark prescribed in 33 CFR 62.29, or 
    with the new black and white striped buoy prescribed in 33 CFR 62.32.
        Cardinal marks: In the USWMS, white buoys with a red top band mean 
    that the mariner can pass safely south or west of the buoy, and white 
    buoys with a black top band mean that the mariner can pass safely north 
    or east of the buoy. The USATONS does not contain cardinal marks, and 
    areas presently marked with these USWMS aids can be replaced with the 
    USATONS isolated danger mark prescribed in 33 CFR 62.29, or a side mark 
    prescribed in 33 CFR 62.25(b), or with an isolated danger mark 
    prescribed in 33 CFR 62.29, or with the new black and white striped 
    buoy prescribed in 33 CFR 62.32.
        Mooring buoys: Unlike the USWMS, the USATONS is silent on 
    prescribing lights on mooring buoys. The Coast Guard amends 33 CFR 
    62.45 to incorporate mooring buoys, allowing white lights of various 
    rhythms.
        Numbers, letters, or words on markers: The guidance in the USATONS, 
    33 CFR 62.43(a) & (b), is similar to that in the USWMS 33 CFR 66.10-25, 
    so the merging of the two systems does not affect numbers, letters, or 
    words on marks.
        Reflectors and retroeflective materials: The USATONS guidance for 
    the uses of retroreflective material, 33 CFR 62.43(c), is less 
    restrictive than the USWMS guidance found in 33 CFR 66.10-30, so the 
    merger does not require a change in the use of reflectors or 
    retroflective material.
        Navigation lights: The USATONS requirements for the use of 
    navigation lights, 33 CFR 62.45, is similar to that of the USWMS found 
    in 33 CFR 66.10-35, so the merger does not affect the use of navigation 
    lights.
        Size, shape, material, and construction of markers: No specific 
    guidance for size, shape, material and construction of markers exists 
    in the USATONS. The USWMS wording on these items, found in 33 CFR 
    66.10-20, is not necessary and is not inserted into the USATONS.
        Ownership identification: The USWMS, in 33 CFR 66.10-40, allows for 
    the discretionary use of ownership identification on aids to 
    navigation. The USATONS does not prohibit use of ownership 
    identification. Ownership identification, however, should not be placed 
    on an aid in a way that would change the meaning of the aid to 
    navigation. The Coast Guard adds a section to the USATONS stating 
    language to this effect.
    
    Changes to 33 CFR Subpart 66.05
    
        The merging of the USWMS with the USATONS requires conforming 
    editorial corrections to Subpart 66.05 entitled, ``State Aids to 
    Navigation,'' to reflect the new rules.
    
    Changes to 33 CFR Subpart 66.10
    
        Sections 66.10-5, 66.10-10, 66.10-20, 66.10-25, 66.10-30, 66.10-40, 
    and 66.10-45 are removed because the provisions of these sections are 
    contained in the USATONS, or are being inserted into the USATONS.
        The only sections remaining in subpart 66.10 are the general 
    section, the aids to navigation section, and that portion of the 
    navigation lights section which refers to lights on cardinal marks. 
    These sections may be used until December 31, 2003.
        General, Sec. 66.10-1: This section is revised to reflect the 
    merger of the two systems, the implementation date, and to remove 
    references to deleted sections.
        Aids to Navigation, Sec. 66.10-15: This section provides 
    information concerning the marking of channels and the cardinal system 
    of marking, and as such remains until the end of the phase-in period.
    
    Regulatory Evaluation
    
        This rule is not a significant regulatory action under section 3(f) 
    of Executive Order 12866 and does not require an assessment of 
    potential costs and benefits under section 6(a)(3) of that Order. It 
    has not been reviewed by the Office of Management and Budget under that 
    Order. It is not significant under regulatory policies and procedures 
    of the Department of Transportation (DOT) (44 FR 11040; February 26, 
    1979). The Coast Guard expects the economic impact of this rule to be 
    so minimal that a full Regulatory Evaluation under paragraph 10e of the 
    regulatory policies and procedures of DOT is unnecessary.
        Merging the USWMS with the USATONS, via a phased-in implementation 
    period, linked to the aid's lifecycle, will not impose an increased 
    monetary burden on the States currently using the USWMS. There is 
    currently no price difference between aids with the USWMS markings and 
    aids with USATONS markings. Further, because the replacement of the aid 
    is linked to its lifecycle, purchase of a USATONS aid is not required 
    until the end of the USWMS aid's lifecycle, any additional costs are 
    eliminated.
        Consequently, the Coast Guard believes that this rulemaking will 
    not impose any additional costs on the states.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
    Guard considers whether this rule will have a significant impact on a 
    substantial number of small entities. ``Small entities'' include small 
    businesses, not-for-profit organizations that are independently owned 
    and operated and are not dominant in their fields, and governmental 
    jurisdictions with populations less than 50,000. The USWMS is a system 
    that regulates state aids to navigation and will not directly impact 
    small entities. Therefore, 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.
    
    Assistance for Small Entities
    
        In accordance with section 213(a) of the Small Business Regulatory 
    Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
    offered to assist small entities in understanding this rule so that 
    they can better evaluate its effects on them and participate in the 
    rulemaking process.
        If you have questions concerning its provisions or options for 
    compliance, please contact Mr. Dan Andrusiak, Short Range Aids to 
    Navigation Division, USCG Headquarters, Telephone: (202) 267-0327.
    
    [[Page 33573]]
    
    Collection of Information
    
        This final rule does not provide for a collection of information 
    under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    
    Federalism
    
        The Coast Guard has analyzed this proposal under the principles and 
    criteria contained in Executive Order 12612 and has determined that 
    this rule does not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment. Pursuant to 14 U.S.C. 85, 
    the Coast Guard, as delegated by the Secretary, Department of 
    Transportation, has responsibility to create all regulations concerning 
    aids to navigation for all waters subject to the jurisdiction of the 
    United States. This rule does not affect the states ability to 
    prescribe regulations for its own internal non-navigable waters.
    
    Unfunded Mandates
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub. 
    L. 104-4, 109 Stat. 48), requires Federal agencies to access the 
    effects of certain regulatory actions on State, local, and tribal 
    governments, and the private sector. UMRA requires a written statement 
    of economic and regulatory alternatives for proposed and final rules 
    that contain any Federal mandates. A ``Federal mandate'' is a new or 
    additional enforceable duty, imposed on any State, local, or tribal 
    government, or the private sector. If any Federal mandate causes those 
    entities, to spend in aggregate, $100 million or more in any one year 
    the UMRA analysis is required. This rule does not impose Federal 
    mandates on any State, local or tribal governments or the private 
    sector.
    
    Environment
    
        The Coast Guard considered the environmental impact of this 
    proposal and concluded that, under figure 2-1, paragraph 34(a) and (i) 
    of Commandant Instruction M16475.1C, this rule is categorically 
    excluded from further environmental documentation. Merging the USWMS 
    with the USATONS has no environmental implications. A Categorical 
    Exclusion Determination is available in the rulemaking docket for 
    inspection or copying where indicated under ADDRESSES.
    
    List of Subjects
    
    33 CFR Part 62
    
        Navigation (water).
    
    33 CFR Part 66
    
        Intergovernmental relations, navigation (water).
    
        For the reasons set out in the preamble, the Coast Guard amends 33 
    CFR parts 62 and 66 as follows:
    
    PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM
    
        1. The authority citation for part 62 continues to read as follows:
    
        Authority: 14 U.S.C. 85; 33 U.S.C. 1233; 43 U.S.C. 1333; 49 CFR 
    1.46.
    
        2. In Sec. 62.1, redesignate paragraph (b) as paragraph (b)(1), and 
    add a paragraph (b)(2) to read as follows:
    
    
    Sec. 62.1  Purpose.
    
    * * * * *
        (b)(1) * * *
        (2) The regulations found in 33 CFR subpart 66.10 expire on 
    December 31, 2003, at which time the provisions of this part will 
    apply.
    * * * * *
    
    
    Sec. 62.21  [Amended]
    
        3. In Sec. 62.21(a), add after the words ``The navigable waters of 
    the United States'' the words ``and non-navigable State waters after 
    December 31, 2003,''.
        4. Add Sec. 62.32 to subpart B to read as follows:
    
    
    Sec. 62.32  Inland waters obstruction mark.
    
        (a) On inland waters designated by the Commandant as State waters 
    in accordance with Sec. 66.05-5 of this chapter and on non-navigable 
    internal waters of a State which have no defined head of navigation, a 
    buoy showing alternate vertical black and white stripes may be used to 
    indicate to a vessel operator that an obstruction to navigation extends 
    from the nearest shore to the buoy.
        (b) The black and white buoy's meaning is ``do not pass between the 
    buoy and the shore''. The number of white and black stripes is 
    discretionary, provided that the white stripes are twice the width of 
    the black stripes. Prior to December 31, 2003, this aid shall not be 
    used on a waterway which has a red and white striped obstruction marker 
    defined in Sec. 66.10-15(e)(3) of this chapter, unless all obstruction 
    markers are replaced.
        5. In Sec. 62.33, redesignate the introductory text as paragraph 
    (a), redesignate existing paragraphs (a) through (d) as (a)(1) to 
    (a)(4), and add a new paragraph (b) to read as follows:
    
    
    Sec. 62.33  Information and regulatory marks.
    
    * * * * *
        (b) When a buoy is used as an information or regulatory mark it 
    shall be white with two horizontal orange bands placed completely 
    around the buoy circumference. One band shall be near the top of the 
    buoy body, with a second band placed just above the waterline of the 
    buoy so that both bands are clearly visible.
        6, In Sec. 62.45, revise paragraph (d)(6) to read as follows:
    
    
    Sec. 62.34  Light characteristics.
    
    * * * * *
        (d) * * *
        (6) Mooring Buoys and Information and Regulatory Marks display 
    white lights of various rhythms.
    * * * * *
        7. Add Sec. 62.54 to subpart B to read as follows:
    
    
    Sec. 62.54  Ownership identification.
    
        Ownership identification on private or state aids to navigation is 
    permitted so long as it does not change or hinder an understanding of 
    the meaning of the aid to navigation.
    
    PART 66--PRIVATE AIDS TO NAVIGATION
    
        8. The authority citation for part 66 continues to read as follows:
    
        Authority: 14 U.S.C. 83, 85; 43 U.S.C. 1333; 49 CFR 1.46.
    
    
    Sec. 66.01-10  [Amended]
    
        9. In Sec. 66.01-10 remove paragraph (b) and remove the paragraph 
    designation (a).
        10. Revise Sec. 66.05-1 to read as follows:
    
    
    Sec. 66.05-1  Purpose.
    
        The purpose of the regulations in this subpart is to prescribe the 
    conditions under which state governments may regulate aids to 
    navigation owned by state or local governments, or private parties. 
    With the exception on the provisions of subpart 66.10, which are valid 
    until December 31, 2003, aids to navigation must be in accordance with 
    the United States Aids to Navigation System in part 62 of this 
    subchapter.
        11. In Sec. 66.05-5, revise the section heading and paragraph (b) 
    to read as follows:
    
    
    Sec. 66.05-5  Definitions.
    
    * * * * *
        (b) The term Uniform State Waterway Marking System (USWMS) means 
    the system of private aids to navigation which may be operated in State 
    waters. Subpart 66.10, which describes the USWMS, expires on December 
    31, 2003.
    * * * * *
    
    
    Sec. 66.05-20  [Amended]
    
        12. In Sec. 66.05-20(c)(3) add to the beginning of the paragraph 
    the words ``If prior to December 31, 2003,'' and uncapitalize the word 
    ``Specification''.
    
    [[Page 33574]]
    
        13. Revise Sec. 66.10-1 to read as follows:
    
    
    Sec. 66.10-1  General.
    
        (a) Until December 31, 2003, the Uniform State Waterway Marking 
    System's (USWMS) aids to navigation provisions for marking channels and 
    obstructions may be used in those navigable waters of the U.S. that 
    have been designated as state waters for private aids to navigation and 
    in those internal waters that are non-navigable waters of the U.S. All 
    other provisions for the use of regulatory markers and other aids to 
    navigation shall be in accordance with United States Aid to Navigation 
    System, described in part 62 of this subchapter.
        (b) The USATONS may be used in all U.S. waters under state 
    jurisdiction, including non-navigable state waters.
    
    
    Sec. 66.10-5  [Removed]
    
        14. Remove Sec. 66.10-5.
    
    
    Sec. 66.10-10  [Removed]
    
        15. Remove Sec. 66.10-10.
        16. In Sec. 66.10-15 revise paragraph (a) to read as follows:
    
    
    Sec. 66.19-15  Aids to navigation.
    
        (a) USWMS aids to navigation may have lateral or cardinal meaning.
    * * * * *
    
    
    Sec. 66.10-20  [Removed]
    
        17. Remove Sec. 66.10-20.
    
    
    Sec. 66.10-25  [Removed]
    
        18. Remove Sec. 66.10-25.
    
    
    Sec. 66.10-30  [Removed]
    
        19. Remove Sec. 66.10-30.
        20. Revise Sec. 66.10-35 to read as follows:
    
    
    Sec. 66.10-35  Navigation lights.
    
        A red light shall only be used on a solid colored red buoy. A green 
    light shall only be used on a solid colored black or a solid colored 
    green buoy. White lights shall be used for all other buoys. When a 
    light is used on a cardinal system buoy or a vertically striped white 
    and red buoy, it shall always be quick flashing.
    
    
    Sec. 66.10-40  [Removed]
    
        21. Remove Sec. 66.10-40.
    
    
    Sec. 66.10-45.  [Removed]
    
        22. Remove Sec. 66.10-45.
    
        Dated: June 11, 1998.
    Ernest R. Riutta,
    Assistant Commandant for Operations.
    [FR Doc. 98-16242 Filed 6-18-98; 8:45 am]
    BILLING CODE 4910-15-M
    
    
    

Document Information

Effective Date:
7/20/1998
Published:
06/19/1998
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-16242
Dates:
This final rule is effective July 20, 1998.
Pages:
33570-33574 (5 pages)
Docket Numbers:
USCG 97-3112, CGD 97-018
RINs:
2115-AF45: Conformance of the Uniform State Waterways Marking System with the United States Aids to Navigation System (USCG-97-3112)
RIN Links:
https://www.federalregister.gov/regulations/2115-AF45/conformance-of-the-uniform-state-waterways-marking-system-with-the-united-states-aids-to-navigation-
PDF File:
98-16242.pdf
CFR: (20)
33 CFR 62.1
33 CFR 62.21
33 CFR 62.32
33 CFR 62.33
33 CFR 62.34
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