[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27780-27782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13725]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 62
[CGD-94-091]
RIN 2115-AF14
Conformance of the Western Rivers Marking System With the United
States Aids to Navigation System
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: As part of the President's Regulatory Reinvention Initiative,
the Coast Guard will replace the solid-color crossing dayboards in the
Western Rivers Marking System (WRMS) with checkered non-lateral
dayboards used in the United States Aids to Navigation System
(USATONS); the latter dayboards would have the same meaning and be the
same size and shape as the former, but would be easier to see. These
changes would help mariners to better see the crossing dayboards,
making the Western Rivers safer.
DATES: This rule is effective June 3, 1996. The first checkered non-
lateral dayboards will appear on the Western Rivers no sooner than
September 3. The last solid-color crossing dayboards will disappear
from the Western Rivers not later than June 3, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406) (CGD 94-091),
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC
20593-0001, room 3406 at the same address between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
LTJG Chad Asplund, Short Range Aids to Navigation Division, Telephone:
(202) 267-1386.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principle persons involved in drafting this document are LTJG
Chad Asplund, Project Manager, Short Range Aids to Navigation Division,
and Patrick J. Murray, Project Counsel, Office of Chief Counsel.
Regulatory History
On March 27, 1996, the Coast Guard published an NPRM entitled
Conformance of the Uniform State Waterway Marking System and the
Western Rivers Marking System with
[[Page 27781]]
the United States Aids to Navigation System in the Federal Register (61
FR 13472). The Coast Guard received twenty letters commenting on the
proposal. No public hearing was requested, and none was held.
The comments received regarding elimination of the Uniform State
Waterway Marking System (USWMS) showed that this portion of the
regulations was more complex and more controversial than previously
thought. Therefore the Coast Guard will withdraw this portion of the
rulemaking and may address it in a future rulemaking.
Background and Purpose
The WRMS was created to adequately mark the dynamic waterways of
the Mississippi River and its Western counterparts. Some deviations
from the USATONS were necessary for this. One of these is the use of
crossing dayboards. These dayboards indicate where the river channel
(``sailing line'') crosses from one bank to the other. The dayboards
currently used in the WRMS are either solid green or solid red. They
are important aids, but can be difficult to see, especially the green
dayboards against the overgrowth of trees that line the Western Rivers.
The Coast Guard will replace the (red or green) solid-color crossing
dayboards used in the WRMS with the checkered (green-and-white or red-
and-white) non-lateral dayboards used in the USATONS. The checkered
non-lateral dayboards will retain the same meaning as the solid-color
crossing dayboards, yet will be easier to see.
Discussion of Comments and Changes
The Coast Guard received twenty letters commenting on our March 27,
1996 NPRM (61 FR 13472). Eighteen of the letters concerned elimination
of the USWMS. The three remaining letters concerned the change to the
WRMS.
The letters which came from State Boating Law Administrators
expressed concern about losing the regulatory markers from the USWMS.
The Coast Guard never planned to eliminate these markers from state
waters. Regulatory markers are a vital part of the USATONS; and by
eliminating the USWMS and mandating the USATONS the regulatory markers
will still be available.
One State was also concerned with the replacement of the red-and-
white striped danger mark of the USWMS. There is a fundamental
difference with the red-and-white striped buoy. In the USATONS it
represents a safe-water mark, and in the USWMS it identifies a hazard.
This is contradictory and very confusing to the mariner who navigates
between both systems.
One State also brought up many issues regarding total conformance
of the USWMS and the USATONS after the merger. It was brought to the
attention of the Coast Guard that many sections of 33 CFR Part 62 will
have to be revised to ensure total conformance. Many administrators
stated that this was a significant and complex issue that required
further study. Therefore, the Coast Guard is postponing the portion of
the rulemaking concerning the USWMS for a future project so that the
Coast Guard may work with the States on this rule.
A national trade organization representing the inland and coastal
barge and towing industry concurred with the Coast Guard's proposal to
replace the solid-color crossing dayboards with the non-lateral
checkered green-and-white or red-and-white dayboards of the USATONS.
They believe that the checkered design will significantly improve
visibility, particularly on the right descending bank.
An independent consultant was concerned about replacing the
crossing dayboards with checkered non-lateral marks. The consultant
noted that the checkered dayboards would be harder to see because they
would be smaller in size. Although the colored portion of the dayboards
will be smaller, the total dayboard will be the same size and shape as
the solid-color marks that they are replacing. The fact that the
dayboards will be in part white will increase the contrast against the
typical riverine foliage background, thus providing equal or greater
detection distance. Therefore the Coast Guard does not see this as a
significant issue.
The consultant was also concerned that the Coast Guard is replacing
lateral marks with non-lateral marks. Crossing dayboards in their
proper use are non-lateral. They do not mark a specific side of the
river or channel, but simply inform the mariner which side of the river
to move to when approaching a bend or change in the geography of the
river. Therefore the Coast Guard believes this is an appropriate
change.
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 11010; February 26,
1979).
The Coast Guard expects the economic impact of this regulation to
be minimal enough that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Replacing the solid-color crossing dayboards of the WRMS will cost the
Federal government little additional money, since new ones would cost
essentially the same as the current ones. The Coast Guard will replace
the current ones with the new ones when it would otherwise replace them
in kind, so the cost will be similar to that of regular maintenance.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, would have
a significant 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 less than 50,000.
This proposal would have minimal impact on small entities.
Replacing the crossing dayboards on the WRMS would only affect the
Federal government. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This proposal contains no increase in collection-of-information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this rule 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.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e(34)(a) of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. Replacing the solid-color crossing
dayboards in the WRMS will have no environmental implications. A
Categorical Exclusion Determination is
[[Page 27782]]
available in the rulemaking docket for inspection or copying where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 62
Navigation (water).
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 62 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.
Sec. 62.51 [Amended]
2. In Sec. 62.51, paragraph (b)(3) is revised to read as follows:
Sec. 62.51 Western rivers marking system.
* * * * *
(b) * * *
(3) Diamond-shaped non-lateral dayboards, checkered red-and-white
or green-and-white, similar to those used in the USATONS, as
appropriate, are used as crossing dayboards where the river channel
crosses from one bank to the other.
* * * * *
Dated: May 23, 1996.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety
and Waterway Services.
[FR Doc. 96-13725 Filed 5-31-96; 8:45 am]
BILLING CODE 4910-14-M
