[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Rules and Regulations]
[Pages 5728-5732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2696]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 80, 82, 84, 87, 88, and 90
[CGD 94-011]
RIN 2115-AE71
Inland Navigation Rules; Lighting Provisions
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard amends certain lighting provisions and
interpretive regulations supplementing the Inland Navigation Rules.
These changes bring Inland Navigation Rules into conformity with the
November 1995 amendments to the International Regulations for
Prevention of Collisions at Sea (COLREGS), and clarify ambiguities in
the rules.
DATES: This final rule is effective March 6, 1998.
ADDRESSES: Documents as indicated in the preamble are available for
inspection or copying at the office of the Executive Secretary, Marine
Safety Council (G-LRA/3406) [CGD 94-011], U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 between
9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays.
The telephone number is (202) 267-1477. International Maritime
Organization (IMO) documents referenced in the preamble can be ordered
from the International Maritime Organization (IMO) at 4 Albert
Embankment, London, England SE1 7SR.
FOR FURTHER INFORMATION CONTACT:
Ms. Diane Schneider, Office of Vessel Traffic Management, (202) 267-
0352.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 20, 1994, the Coast Guard published, in the Federal
Register (59 FR 37003), a notice of proposed rulemaking (NPRM)
entitled, Inland Navigation Rules, Lighting Provisions. On August 24,
1994, the Coast Guard published in the Federal Register (59 FR 42620),
a correction making minor editorial changes to that NPRM. The Coast
Guard received two letters commenting on the proposed rulemaking. No
public hearing was requested, and none was held.
Background and Purpose
The Inland Navigation Rules and the International Regulations for
Preventing Collisions at Sea (COLREGS) provide the rules governing all
vessels on inland
[[Page 5729]]
waters and the high seas, respectively. The International Maritime
Organization (IMO) adopted amendments to the annexes of the COLREGS,
which became effective November 1995. The Coast Guard is revising the
Inland Navigation Rules to reflect the COLREGS amendments.
Additionally, the Navigation Safety Advisory Council (NAVSAC), a
congressionally authorized advisory group, reviewed the Inland
Navigation Rules for consistency with the COLREGS. To clarify
ambiguities in practical application of the Inland Navigation Rules and
to bring those Rules into conformity with the COLREGS, NAVSAC
recommended several changes. The changes primarily concerned light
placement requirements. The only proposed change not adopted by this
final rule is the mandatory requirement to light barges on the corners
in accordance with 33 CFR 88.13.
Discussion of Comments and Changes
Two comments were received following the publication of the Notice
of Proposed Rulemaking. Both comments supported the proposed rule
changes, but both expressed concern that prescribing 4 lights for
vessels less than 20 meters in length would place an unnecessary
financial burden on small vessel owners. Additionally, the comments
disagreed with the Coast Guard's cost estimate for all-round light
fixtures and light installation. After reevaluating the original cost
estimate, the Coast Guard determined that the original dollar figure
was incorrect. Our new assessment, as explained in the Regulatory
Evaluation section of this rule, determined that the average cost of a
permanently installed all-round light fixture and its installation is
$315, not $12 as specified in the NPRM. Based on the comments and the
reassessed cost data, the Coast Guard has made this requirement
optional.
Discussion of Regulations
Corrections to 72 COLREGS Demarcation Lines
The Coast Guard is correcting errors in the description of COLREGS
demarcation lines found in the Inland Navigation Rules in 33 CFR part
80. COLREGS demarcations lines codify boundaries that delineate the
applicability of either the Inland Rules or the COLREGS. These lines
are marked on navigational charts. While these lines are correctly
depicted on navigational charts, their description in 80.501 and 80.520
contains errors.
The errors being corrected in 33 CFR 80.1495 include the
misspelling of Johnson Island; the reference to Canton Island, which
was returned to the Republic of Kirbati, as a U.S. Possession; and the
reference to the dissolved Trust Territory of the Pacific Island.
Lights for Moored Vessels
The Coast Guard is adding the interpretive rules 33 CFR 82.5 and
90.5 to the COLREGS and Inland Navigation Rules and revising 33 CFR
88.13 of the pilot rules to clarify the responsibilities of the
operators of vessels moored to mooring buoys or other similar devices.
The interpretive rules are added to ensure that the term vessels at
anchor in Rule 30 of the COLREGS and Inland Rules includes vessels
moored to a mooring buoy.
Recognizing the need to specify safe lighting requirements for
vessels moored to mooring buoys in previous NAVSAC subcommittee
meetings, the Coast Guard formally presented the issue to NAVSAC in
November 1992. Then, at NAVSAC's request, the issue was forwarded to
the Towing Safety Advisory Council (TSAC) and the National Boating
Safety Advisory Council (NBSAC) for further consideration. All three
advisory groups agreed that a vessel moored to a mooring buoy should be
lighted as a vessel at anchor in accordance with Inland Navigation Rule
30. These groups also agreed that barges moored to a mooring buoy
should be lighted on the corners in accordance with the scheme of 33
CFR 88.13.
In the NPRM, the Coast Guard proposed requiring that barges moored
to mooring buoys be lighted on the corners in accordance with 33 CFR
88.13, instead of in accordance with Rule 30. Based on the comments and
a cost reassessment for compliance with the proposed requirements, the
Coast Guard has concluded that barges moored to mooring buoys have the
option of either displaying the lights of a vessel at anchor as
prescribed in Inland Rule 30, or of displaying lights on the corners in
accordance with 33 CFR 88.13, found in Annex V to the Inland Rules.
Section 82.7 Sidelights for Unmanned Barges
Improper lighting of barges has been a contributory factor in some
accidents involving recreational boaters and has been the subject of
periodic congressional interest. The U.S. delegation to the IMO
Subcommittee on Safety of Navigation raised the issue of sidelights on
unmanned barges. IMO agreed that sidelights powered with existing
battery technology could not meet the vertical sector requirements for
large vessels under the COLREGS. IMO further agreed that an unmanned
barge, unable to meet the vertical sector requirements, could meet the
requirements of COLREGS and Inland Navigation Rule 24(h). Rule 24(h)
allows a vessel or object being towed to exhibit alternative lighting
where it is impracticable to light the vessel as prescribed by
paragraph (e) or (g) of Rule 24. Paragraph (e) requires sidelights and
sternlights for vessels being towed and paragraph (g) requires all-
round white lights for partially submerged vessels or objects being
towed. This exception has been the source of some confusion.
This rule adopts the interpretation found in Commandant Instruction
16672.3A, International Regulations for Preventing Collisions at Sea,
1972; Lights on Unmanned Barges, which states that those lighting
unmanned barges may use the Rule 24(h) exception, and that this
exception applies only to the vertical sector requirements. Consistent
with the Coast Guard interpretation in the Commandant Instruction, the
Coast Guard is adding interpretive rules 33 CFR 82.7 and 90.7 to
clarify that the exception provided by Rule 24(h) of the COLREGS of
Inland Rules pertains only to the vertical sector requirements.
Sections 84.01 and 84.27 High-speed Craft
The Coast Guard is adding a paragraph to 33 CFR 84.01, found in
Annex I of the Inland Rules, to include the definition of high-speed
craft stated in the IMO's International Code of Safety of High-speed
Craft (HSC Code). The definition of high-speed craft is based on a
formula that compares displacement to the maximum speed of vessels such
as catamarans and hydrofoils. This addition to the Inland Rules
parallels the language of the 72 COLREGS amendments.
The Coast Guard is also adding section 84.27 to Annex I of the
Inland Rules to allow high-speed craft of unusually wide design to
carry masthead lights at a lower level than that prescribed for
conventional vessels. This change recognizes that existing light
placement requirements based on conventional ship design are
impractical when dealing with non-traditional designs such as
catamarans, hydrofoils, and other craft of unusually wide design. This
addition ensures consistency between the language of the Inland
Navigation Rules and the 72 COLREGS amendments.
[[Page 5730]]
This new provision applies to vessels that meet the definition of
high-speed craft (Sec. 84.01) and have length to breadth ratios of less
than three-to-one. Conventional vessels such as tankers, container
ships, and fishing vessels will not meet the definition of high-speed
craft. Certain high powered displacement vessels such as frigates or
destroyers may meet this definition but would not meet the length to
breadth ratio requirements. For example: A high speed catamaran ferry,
59 meters in length with 20 meters in beam, may carry its forward
masthead light 5.1 meters above the sidelights instead of 8 meters
above the hull.
Section 84.05 Horizontal Spacing and Positioning of Lights
The Coast Guard is revising 33 CFR 84.05, found in Annex I of the
Inland Rules, to provide that vessels less than 20 meters in length
shall carry their masthead lights as far forward as is practicable.
This revision creates parallel language between the Inland Navigation
Rules and the amended COLREGS. The COLREGS amendment was based on a
U.S. proposal to IMO to amend COLREGS rule 23(a)(i) by adopting the
language of Inland Navigation Rule 23 (a)(i). However, the IMO chose to
amend Annex I of the COLREGS instead of COLREGS rule 23(a)(i).
Inland Navigation Rule 23(a)(i) was deleted by the Coast Guard
Authorization Act of 1996 (104 P.L. 324; 110 Stat. 3901; October 19,
1996) in order to conform the Inland Rules with the COLREGS. This
revision results in no substantive change because the former Inland
Navigation Rule 23(a)(i) provided that vessels less than 20 meters in
length may carry their masthead light as far forward as practicable.
Section 84.17 Horizontal Sectors
The Coast Guard is revising 33 CFR 84.17, found in Annex I of the
Inland Rules, to allow the use of two all-round lights screened or
suitably positioned to appear as one light at a distance of one mile.
This revision parallels the language between the Inland Navigation
Rules and the COLREGS, and provides an alternative to vessels that
cannot place all-round lights in a location to meet the angular cut-off
requirement of Annex I.
On a vessel with a mast of large diameter, such as a warship or a
vessel with a combined smoke stack and mast configuration, it is often
impracticable to mount a single all-round light at a sufficient
distance to meet the maximum 6 degree angular cutout requirements of
the Inland Navigation Rules. Two unscreened all-round lights that are
1.28 meters (4.2 feet) apart or less will appear as one light to the
unaided eye at a minimum distance of one nautical mile.
Seciton 87.1 Need of Assistance
The Coast Guard is revising 33 CFR 87.1, found in Annex IV to the
Inland Rules, to add survival craft radar transponders to the list of
distress signals. The 1988 amendments to the Safety of Life at Sea
Convention (SOLAS), in Chapter III Part B Regulation 6.2.2, require
that cargo and passenger ships subject to SOLAS carry Search and Rescue
Transponders (SARTS) for use in survival craft. SARTS automatically
respond to most surface navigation radars allowing rescuers to quickly
locate a vessel or survival craft.
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 1040;
February 26, 1979).
The Notice of Proposed Rulemaking proposed requiring that barges
moored to mooring buoys display lights on the corners of the barge, as
provided in 33 CFR 88.13. This proposal was to be required instead of
the lighting requirements of Inland Navigation Rule 30 for vessels at
anchor.
The Coast Guard received several comments questioning the original
cost estimates. After subsequent research, the Coast Guard determined
that the average cost of a permanently fixed all-round white light
fixture and its installation is $315). The cost to a barge with lights
on all four corners would be $1,260 (4 lights x $315). Given these
costs, and the fact that barges moored to mooring buoys are required to
be lit as vessels at anchor in accordance with Inland Navigation Rule
30, the Coast Guard decided that this provision is to be optional.
Barges moored to mooring buoys will have the flexibility of exhibiting
all-round lights on the corners, or continuing to exhibit vessels at
anchor lighting requirements, as prescribed by Inland Navigation Rule
30. Therefore, the rulemaking imposes no costs on the industry.
Furthermore, this rulemaking represents a convenience to mariners, as
they will be able to continue to use the lighting system that is
presently an industry practice.
The other requirements set forth in this rulemaking impose no
costs. These amendments bring the Inland Navigation Rules into
alignment with the COLREGS in a manner that provides sufficient
flexibility to impose no cost upon industry or the mariner. For the
reasons set forth, the Coast Guard expects there to be no economic
impact as a result of this rule so 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 et seq.), the
Coast Guard must consider whether this rule will 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 of less
than 50,000.
A potential impact would be the cost of purchasing and installing
lights for barges moored to mooring buoys. However, installation of
these lights are not required. There are no required costs of this
rule. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant impact on 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
offers to assist small entities in understanding the 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 Ms. Diane Schneider, Office of Vessel Traffic
Management, (202) 267-0352.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with 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.
[[Page 5731]]
Under 33 U.S.C. 2071, authority to issue regulations to implement and
interpret the Inland Navigational Rules is vested in the Secretary of
Transportation and delegated to the Coast Guard.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, 109 Stat. 48) requires Federal agencies to assess 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
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 mandates cause those entities to
spend, in the 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 rule
and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, this rulemaking 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
33 CFR Part 80
Navigation (water), Treaties, Waterways.
33 CFR Part 82
Navigation (water), Treaties.
33 CFR Part 84
Navigation (water), Waterways.
33 CFR Part 87
Navigation (water), Waterways.
33 CFR Part 88
Navigation (water), Waterways.
33 CFR Part 90
Navigation (water), Waterways.
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR parts 80, 82, 84, 87, 88, and 90 as follows:
PART 80--COLREGS DEMARCATION LINES
1. The authority citation for part 80 continues to read as follows:
Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR
1.46.
2. In Sec. 80.501, revise paragraph (d) to read as follows:
Sec. 80.501 Tom's River, NJ to Cape May, NJ.
* * * * *
(d) A line drawn from the southernmost point of Longport at
latitude 39 deg.18.2' N. longitude 74 deg.33.1' W. to the
northeasternmost point of Ocean City at latitude 39 deg.17.6' N.
longitude 74 deg.33.1' W. across Great Egg Harbor Inlet.
* * * * *
3. In Sec. 80.520, revise paragraph (a) to read as follows:
Sec. 80.520 Cape Hatteras, NC to Cape Lookout, NC.
(a) A line drawn from Hatteras Inlet Lookout Tower at latitude
35 deg.11.8' N. longitude 75 deg.44.9' W. 255 deg. true to the eastern
end of Ocracoke Island.
* * * * *
4. Revise Sec. 80.1495 to read as follows:
Sec. 80.1495 U.S. Pacific Island Possessions.
The 72 COLREGS shall apply on the bays, harbors, lagoons, and
waters surrounding the U.S. Pacific Island Possessions of American
Samoa, Baker, Howland, Jarvis, Johnson, Palmyra, Swains and Wake
Islands.
PART 82--72 COLREGS: INTERPRETATIVE RULES
5. Revise the authority citation for part 82 to read as follows:
Authority: 14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR
4327, 3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).
6. Add Sec. 82.5 to read as follows:
Sec. 82.5 Lights for moored vessels.
For the purposes of Rule 30 of the 72 COLREGS, a vessel at anchor
includes a barge made fast to one or more mooring buoys or other
similar device attached to the sea or river floor. Such a barge may be
lighted as a vessel at anchor in accordance with Rule 30, or may be
lighted on the corners in accordance with 33 CFR 88.13.
7. Add Sec. 82.7 to read as follows:
Sec. 82.7 Sidelights for unmanned barges.
An unmanned barge being towed may use the exception of COLREGS Rule
24(h). However, this exception only applies to the vertical sector
requirements.
PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND
SHAPES
8. The authority citation for part 84 continues to read as follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46.
9. In Sec. 84.01, redesignate paragraphs (b) through (c) as
paragraphs (c) through (d) and add a new paragraph (b) to read as
follows:
Sec. 84.01 Definitions.
* * * * *
(b) High-speed craft means a craft capable of maximum speed in
meters per second (m/s) equal to or exceeding:
3.7
; where = displacement corresponding to the design
waterline (meters 3).
Note to paragraph (b): The same formula expressed in pounds and
knots is maximum speed in knots (kts) equal to exceeding 1.98 (lbs)
; where = displacement corresponding to design
waterline in pounds.
* * * * *
10. In Sec. 84.05, revise paragraph (a), redesignate paragraph (b)
as paragraph (e), redesignate paragraphs (c) and (d) as paragraphs (b)
and (c), and add a new paragraph (d) to read as follows:
Sec. 84.05 Horizontal position and spacing of lights.
(a) Except as specified in paragraph (e) of this section, when two
masthead lights are prescribed for a power-driven vessel, the
horizontal distance between them must not be less than one quarter of
the length of the vessel but need not be more than 50 meters. The
forward light must be placed not more than one half of the length of
the vessel from the stem.
* * * * *
(d) When only one masthead light is prescribed for a power-driven
vessel, this light must be exhibited forward of amidships. For a vessel
of less than 20 meters in length, the vessel shall exhibit one masthead
light as far forward as is practicable.
* * * * *
11. In Sec. 84.17, add paragraph (c) to read as follows:
Sec. 84.17 Horizontal sectors.
* * * * *
(c) If it is impracticable to comply with paragraph (b) of this
section by exhibiting only one all-round light, two all-round lights
shall be used suitably positioned or screened to appear, as far as
practicable, as one light at a minimum distance of one nautical mile.
Note to paragraph (c): Tow unscreened all-round lights that are
1.28 meters apart or less will appear as one light to the naked eye
at a distance of one nautical mile.
12. Add Sec. 84.27 to read as follows:
Sec. 84.27 High-speed craft.
(a) The masthead light of high-speed craft with a length to breadth
ratio of
[[Page 5732]]
less than 3.0 may be placed at a height related to the breadth lower
than that prescribed in Sec. 84.03(a)(1), provided that the base angle
of the isosceles triangle formed by the side lights and masthead light
when seen in end elevation is not less than 27 degrees as determined by
the formula in paragraph (b) of this section.
(b) The minimum height of masthead light above sidelights is to be
determined by the following formula: Tan 27 deg.=X/
Y; where Y is the horizontal distance between the sidelights
and X is the height of the forward masthead light.
PART 87--ANNEX IV: DISTRESS SIGNALS
13. The authority citation for part 87 continues to read as
follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46.
14. In Sec. 87.1, revise paragraph (o) to read as follows:
Sec. 87.1 Need of assistance.
* * * * *
(o) Signals transmitted by radiocommunication systems, including
survival craft radar transponders meeting the requirements of 47 CFR
80.1095.
* * * * *
PART 88--ANNEX V: PILOT RULES
15. The authority citation for part 87 continues to read as
follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46.
16. In Sec. 88.13, revise the section heading, revise paragraphs
(b) and (c), redesignate paragraph (d) as paragraph (e) and add a new
paragraph (d) to read as follows:
Sec. 88.13 Lights on moored barges.
* * * * *
(b) Barges described in paragraph (a) of this section shall carry
two unobstructed all-round white lights of an intensity to be visible
for at least 1 nautical mile and meeting the technical requirements as
prescribed in Sec. 84.15 of this chapter.
(c) A barge or group of barges at anchor or made fast to one or
more mooring buoys or other similar device, in lieu of the provisions
of Inland Navigation Rule 30, may carry unobstructed all-round white
lights of an intensity to be visible for at least 1 nautical mile that
meet the requirements of Sec. 84.15 of this chapter and shall be
arranged as follows:
(1) Any barge that projects from a group formation, shall be
lighted on its outboard corners.
(2) On a single barge moored in water where other vessels normally
navigate on both sides of the barge, lights shall be placed to mark the
corner extremities of the barge.
(3) On barges moored in group formation, moored in water where
other vessels normally navigate on both sides of the group, lights
shall be placed to mark the corner extremities of the group.
(d) The following are exempt from the requirements of this section:
(1) A barge or group of barges moored in a slip or slough used
primarily for mooring purposes.
(2) A barge or group of barges moored behind a pierhead.
(3) A barge less than 20 meters in length when moored in a special
anchorage area designated in accordance with Sec. 109.10 of this
chapter.
* * * * *
PART 90--INLAND RULES: INTERPRETATIVE RULES
17. The authority citation for part 90 continues to read as
follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).
18. Add Sec. 90.5 to read as follows:
Sec. 90.5 Lights for moored vessels.
A vessel at anchor includes a vessel made fast to one or more
mooring buoys or other similar device attached to the ocean floor. Such
vessels may be lighted as a vessel at anchor in accordance with Rule
30, or may be lighted on the corners in accordance with 33 CFR 88.13.
19. Add Sec. 90.7 to read as follows:
Sec. 90.7 Sidelights for unmanned barges.
An unmanned barge being towed may use the exception of COLREGS Rule
24(h). However, this exception only applies to the vertical sector
requirements for sidelights.
Dated: January 28, 1998.
Joseph J. Angelo,
Acting, Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-2696 Filed 2-3-98; 8:45 am]
BILLING CODE 4910-14-M
