[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Proposed Rules]
[Pages 67031-67034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33466]
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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 State Waterways Marking System With the
United States Aids to Navigation System
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a five year phased-in merger of the
Uniform State Waterway Marking System with the United States Aids to
Navigation System. This proposed merger would eliminate distinctions
between these two systems and create safer, less confusing waterways.
DATES: Comments are requested by February 23, 1998.
ADDRESSES: You may mail comments to the Docket Management Facility,
[USCG-97-3112], 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, and documents as indicated in this preamble, 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 above address between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Paulette Twine, Chief, Documentary Services Division, U.S. Department
of Transportation, telephone (202) 366-9329 or Dan Andrusiak, Short
Range Aids to Navigation Division, USCG Headquarters, Telephone: (202)
267-0327.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages your participation in this rulemaking by
the submission of written data, views, or arguments. Your comments
should include your name and address, and identify this rulemaking
[USCG-97-3112] and the specific section of this notice of proposed
rulemaking to which each comment applies, along with the reason for
each comment. Please submit two copies 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 acknowledgment of receipt of
your comment, enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. You may request a public
hearing by submitting a request to the address under ADDRESSES. The
request should include the reasons a hearing would be beneficial. If
the Coast Guard determines that the opportunity for oral presentations
will aid this rulemaking, it will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
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 2.02-25, 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 of 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.
In 1993, NASBLA's Law Enforcement & Uniform Boating Laws Committee
conducted a survey concerning the differences between the USWMS and the
USATONS. The survey focused on the red and white striped buoy and the
green versus black buoy. Of the 42 states that responded to the survey,
11 states indicated that they use the red and white striped buoy as
defined by the USWMS, 15 states indicated that they use the USWMS's
black buoy, and 35 states indicated that the USWMS should reflect the
same characteristics as the USATONS.
On December 29, 1995, the Coast Guard published an advanced notice
of proposed rulemaking (CGD 94-091) (60 FR 67345) to gauge public
opinion toward conforming the USWMS with the USATONS. On March 27,
1996, a notice of proposed rulemaking was published (61 FR 13472) that,
among other things, proposed eliminating the USWMS. The Coast Guard
received adverse comments from ten states. Many of the comments stated
concerns that elimination of the USWMS would eliminate regulatory
markers and would cause the states to bear the costs of purchasing aids
and revising boating manuals. As a result of these comments, the Coast
Guard removed the proposal to eliminate the USWMS from the final rule.
The Coast Guard then contacted the NASBLA and each state that commented
and discussed their concerns.
Apart from the two distinctions explained above, a Coast Guard
comparison of the USWMS and the USATONS showed that almost all of the
requirements of the USWMS are contained in the USATONS. The differences
between the two systems are:
1. The USMWS has the additional requirement of orange bands on
regulatory buoys;
[[Page 67032]]
2. The USWMS allows for lights on mooring buoys whereas the USATONS
is silent; and,
3. The USWMS uses the cardinal system of marking obstructions and
the USATONS uses the lateral system of marking obstructions.
By adding to the USATONS the requirement for orange bands on
regulatory buoys, by allowing lights on mooring buoys, and by allowing
a phased-in implementation period for the marking of obstructions with
the USATONS lateral system, the two systems could be merged. The Coast
Guard proposes to make these changes to the USATONS, provide a five
year phased-in implementation period, and merge the USWMS into the
USATONS.
If, however, you think that a different phase-in period is
necessary, please submit a comment (see ADDRESSES) explaining why a
different phase-in period is necessary and a proposed length for this
phase-in period.
Discussion of Proposed Rule
Regulatory and Information Markers
The USATONS provides a system for 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 at the top of the buoy. The Coast Guard
proposes to amend 33 CFR 62.33 to add the USWMS requirement of two
horizontal orange bands to the USATONS.
Channel Markers
The USWMS black buoy would be replaced, via a phased-in process,
with the green buoy required by the USATONS. The phase-in process would
be linked to the aid's lifecycle to avoid unnecessary replacement costs
to the states.
Red-and-White Striped Buoy
The meaning of the red-and-white striped buoy would change from the
USWMS ``do not pass between the buoy and the nearest shore'' to the
USATONS ``safewater all around.'' Obstructions now marked with the
USWMS red-and-white striped buoy could be marked, via a phase-in
process, with the USATONS' sidemark prescribed in 33 CFR 62.25(b), or
with an isolated danger mark prescribed in 33 CFR 62.29.
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 could 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).
Mooring Buoys
Unlike the USWMS, the USATONS is silent on prescribing lights on
mooring buoys. The Coast Guard proposes to amend 33 CFR 62.35 to allow
for slow flashing, white lights on mooring buoys.
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
would not affect numbers, letters, or words on markers.
Reflectors and Retroreflective 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 would 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 would 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 proposed for insertion
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 proposes to add a
section to the USATONS starting language to this effect.
Changes to 33 CFR Subpart 66.05
The merging of the USWMS with the USATONS would also require
conforming editorial corrections to Subpart 66.05 entitled, ``State
Aids to Navigation,'' to reflect the proposed changes.
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 proposed for removal because the provisions of these
sections are contained in the USATONS, or are proposed for insertion
into the USATONS.
The only sections that will remain in subpart 66.10 will be 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 the end of the five year
implementation period.
General, Section 66.10-1
This section will be revised to reflect the merger of the two
systems, the five year implementation period, and to remove references
to deleted sections.
Aids to Navigation, Section 66.10-15
This section provides information concerning the marking of
channels and the cardinal system of marking, and as such will remain
until the end of the phase-in period.
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 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 proposal 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, 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 USATON
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. If, however, you believe
that this proposal will have an economic impact,
[[Page 67033]]
please submit a comment (see ADDRESSES) explaining why you think this
proposal will have economic impact, and explain any alternatives you
believe would eliminate the economic impact of this proposal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considers whether this proposal, if adopted, 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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities. If, however, you think that your
business or organization qualifies as a small entity and that this
proposal would have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposal
would economically affect it.
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
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects 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 Mr. Dan Andrusiak, Short
Range Aids to Navigation Division, USCG Headquarters, Telephone: (202)
267-0327.
Collection of Information
This proposal contains no increase in 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 that
this proposal 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 proposal does not affect the
states ability to prescribe regulations for its own internal non-
navigable waters.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2.e(23), (34)(a), and
(34)(i) of Commandant Instruction M16475.1B, this proposal is
categorically excluded from further environmental documentation.
Merging the USWMS with the USATONS would have 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 proposes to amend 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.
Sec. 62.1 [Amended]
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) * * *
(2) The regulations found in 33 CFR subpart 66.10 expire on [Insert
date five years from the date of publication in the Federal Register of
the final rule.], 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
[Insert date 5 years from publication in the Federal Register of the
final rule.],''
4. 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 of international orange
placed completely around the buoy circumference. One band shall be at
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.
Sec. 62.35 [Amended]
5. In Sec. 62.35 add the following words to the end of the text:
``Lighted mooring buoys may display a slow flashing white light.''
6. Add Sec. 62.54 to Supart 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
7. 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]
8. In Sec. 66.01-10 delete paragraph (b) and remove the paragraph
designation (a).
9. 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 of the provisions of subpart 66.10, which are valid
until [Insert date five years from date of publication in the Federal
Register of the final rule.], aids to navigation must be in accordance
with the United States Aids to Navigation System in part 62 of this
subchapter.
10. 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.
[[Page 67034]]
Subpart 66.10, which describes the USWMS, expires on [Insert date five
years from the date of publication in the Federal Register of the final
rule.].
* * * * *
Sec. 66.05-20(c)(3) [Amended]
11. In Sec. 66.05-20(c)(3) add to the beginning of the paragraph
the words ``If prior to [Insert date five years from the date of
publication in the Federal Register of the final rule.],'' and
uncapitalized the word ``Specification''.
12. Revise Sec. 66.10-1 to read as follows:
Sec. 66.10-1 General.
(a) Until [Insert date five years from date of publication in the
Federal Register of the final rule.], 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 the 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]
13. Remove Sec. 66.10-5.
Sec. 66.10-10 [Removed]
14. Remove Sec. 66.10-10.
Sec. 66.10-20 [Removed]
15. Remove Sec. 66.10-20.
Sec. 66.10-25 [Removed]
16. Remove Sec. 66.10-25.
Sec. 66.10-30 [Removed]
17. Remove Sec. 66.10-30.
18. Revise Sec. 66.10-35 to read as follows:
Sec. 66.10-35 Navigation lights.
(a) 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 system buoy
other buoys. When a light is used on a cardinal or a vertically
stripped white and red buoy it shall always to quick flashing.
(b) [Reserved]
Sec. 66.10-40 [Removed]
18. Remove Sec. 66.10-40.
Sec. 66.10-45 [Removed]
19. Remove Sec. 66.10-45.
Dated: December 17, 1997.
Ernest R. Riutta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Operations.
[FR Doc. 97-33466 Filed 12-22-97; 8:45 am]
BILLING CODE 4910-14-M
