[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
