[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Proposed Rules]
[Pages 18349-18350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9922]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 66
[USCG-1998-3604]
RIN 2115-AF50
Amendment of State Waters for Private Aids to Navigation in
Wisconsin and Alabama
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Coast Guard proposes to reestablish Federal
jurisdiction over certain waterways in the State of Alabama and expand
state jurisdiction of certain waterways in the State of Wisconsin for
the purposes of Private Aids to Navigation. This action is being taken
to implement a request from the State of Alabama and an agreement
between the State of Wisconsin and the Coast Guard, and to ensure, safe
navigation on the affected waterways.
DATES: Comments must reach the Coast Guard on or before June 15, 1998.
ADDRESSES: You may mail comments to the Docket Management Facility,
USCG-1998-3604, U.S. Department of Transportation, room PL-401, 400
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room
PL-401, located on the Plaza Level of the Nassif Building at the same
address between 10 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room PL-401, located on the
Plaza Level of the Nassif Building at the same address between 10 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. You may
also access this docket on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Paulette Twine, Chief, Documentary Services Division, Department of
Transportation, telephone (202) 366-9329, for questions on the docket,
or for questions on this notice contact, Mr. Dan Andrusiak, G-OPN-2 at
(202) 267-0327.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to submit written data, views, or
arguments. If you submit comments, you should include your name and
address, identify this notice USCG-1998-3604 and the specific section
or question in this document to which your comments apply, and give the
reason for each comment. Please submit one copy of all comments and
attachments in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing to the DOT Docket Management
Facility at the address under ADDRESSES. If you want us to acknowledge
receiving your comments, please enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard will consider all comments received during the
comment period.
The Coast Guard may schedule a public meeting depending on input
received in response to this notice. You may request a public meeting
by submitting a request to the address under ADDRESSES. The request
should include the reasons why a meeting would be beneficial. If the
Coast Guard determines that a public meeting should be held, it will
hold the meeting at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
On March 26, 1971, the Coast Guard and the State of Alabama signed
an agreement giving the State of Alabama control over certain of its
waterways for the purposes of private aids to navigation. On April 1,
1981, Mr. William Garner, Director, Marine Police Division for the
State of Alabama, sent a letter to the Chief of the Eighth Coast Guard
District Aids to Navigation branch asking that the original agreement
of March 26, 1971, be discontinued. Mr. Garner stated that no follow-up
had been done on the agreement and therefore that the agreement had
never been implemented. The Coast Guard proposes this change to comply
with the State of Alabama's request and to ensure that discrepancies in
aids to navigation can be quickly corrected. This rule also proposes to
implement an agreement between the Coast Guard and the State of
Wisconsin changing the reference date for designation of State waters
for private aids to navigation from November 17, 1969, to May 1, 1996.
This rule change proposes two things for the purpose of Private
Aids to Navigation. First, by removing Paragraph Sec. 66.05-100(a) it
will reestablish Federal jurisdiction over certain waterways in the
State of Alabama. Second, by amending paragraph Sec. 66.05-100(j) the
State of Wisconsin will expand state jurisdiction over Lake Winnebago,
the Fox River, and various other waterways in their regulatory system.
Regulatory Evaluation
This proposal 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 the 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
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considers whether this rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
may include (1) small businesses and not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields and (2) governmental jurisdictions with populations of less than
50,000. Because it expects the impact of this proposal to be minimal,
the Coast Guard certifies under 5 U.S.C. 606(b) that the proposal, if
adopted, will not have a significant economic impact on a substantial
number of small entities. This conclusion was reached by conferring
with Aids to Navigation personnel at the affected districts and having
received assurance that this rule change would not cause any
significant economic impact on small business. In accordance with
section 213(a) of the Small
[[Page 18350]]
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121),
the Coast Guard wants to assist small entities in understanding this
proposed rule so that they can better evaluate its effect on them and
participate in the rulemaking process. If your small business or
organization is affected by this rule and you have questions concerning
its provisions or options for compliance, please contact LCDR John
Fidaleo, G-OPN-2 at (202) 267-0346.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined this
proposal does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under paragraph 2.B.2.e(23) and
(34)(i) of Commandant Instruction M16475.1B, this proposed rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 66
Intergovernmental relations, Navigation (water), Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, the Coast Guard proposes
to amend 33 CFR part 66 as follows:
PART 66--[AMENDED]
1. 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.
2. In Sec. 66.05-100, remove paragraph (a), and redesignate
paragraphs (b) through (j) as paragraphs (a) through (i), and revise
newly designated paragraph (i) to read as follows:
Sec. 66.05-100 Designation of navigable waters as State waters for
private aids to navigation.
* * * * *
(i) Wisconsin. Navigable waters within the State not marked with
Coast Guard aids to navigation as of May 1, 1996.
Dated: March 27, 1998.
Ernest R. Riutta,
Assistant Commandant for Operations.
[FR Doc. 98-9922 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-15-M
