[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55946-55947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28035]
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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: Final rule.
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SUMMARY: The U.S. Coast Guard is reestablishing Federal jurisdiction
over certain waterways in the State of Alabama and expanding 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: This final rule is effective November 19, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the Docket Management Facility, USCG-1998-
3604, 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 Mr. Dan Andrusiak, G-OPN-2 at U.S.
Coast Guard, (202) 267-0327.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 15, 1998, the Coast Guard published a notice of proposed
rulemaking entitled Amendment of State Waters for private aids to
navigation in Wisconsin and Alabama in the Federal Register (63 FR
18349). The Coast Guard received no letters commenting on the proposed
rulemaking. No public hearing was requested, and none was held.
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 is implementing 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 implements 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 accomplished 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.
Discussion of Comments and Changes
The Coast Guard published a Notice of Proposed Rulemaking on April
15, 1998 and allowed the public a 60 day comment period. The Coast
Guard received no comments; therefore the NPRM is being adopted as
final with no changes.
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 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
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 considered whether this rule will have a significant economic
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 of less than 50,000.
Because it expects the impact of this rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 606(b) that the final rule, 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
[[Page 55947]]
economic impact on small business. Therefore, the Coast Guard certifies
under section 605(b) of the Regulator Flexibility Act (5 U.S.C. 601-
612) that this final 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 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 final rule does not provide for a collection-of-information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined this
final rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under paragraph 2.B.2.e(23) and (34)(i) of
Commandant Instruction M16475.1B, this final rule is categorically
excluded from further environmental documentation.
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 amends 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: October 9, 1998.
Ernest R. Riutta,
Assistant Commandant for Operations.
[FR Doc. 98-28035 Filed 10-19-98; 8:45 am]
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