[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18790]
[[Page Unknown]]
[Federal Register: August 5, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 26 and 162
[CGD 93-072]
RIN 2115-AE66
Vessel Bridge-to-Bridge Radiotelephone Regulations: Inland
Waterways Navigation Regulations
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the Vessel Bridge-to-Bridge
Radiotelephone Regulations to correct an inconsistency between the
statutory and regulatory language; and amending the Inland Waterways
Navigation Regulations to remove regulatory language that contradicts
the Inland Navigation Rules.
EFFECTIVE DATE: October 4, 1994.
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), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 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:
Mr. Jonathan Epstein, Navigation Rules and Information Branch, Office
of Navigation Safety and Waterway Services, (202) 267-0352 or (202)
267-0357.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are
Jonathan Epstein, Project Manager, Office of Navigation Safety and
Waterway Services, and LT Ralph L. Hetzel, Project Counsel, Office of
Chief Counsel.
Regulatory History
On April 8, 1994, the Coast Guard published a notice of proposed
rulemaking entitled ``Vessel Bridge-to-Bridge Radiotelephone
Regulations: Inland Waterways Navigation Regulations'' in the Federal
Register (59 FR 16780). The Coast Guard received one letter commenting
on the proposal. No public hearing was requested, and none was held.
Background and Purpose
This rule corrects two conflicts between statutory law and existing
navigation safety regulations.
1. Vessel Bridge-to-Bridge Radiotelephone Regulations
This rule makes Vessel Bridge-to-Bridge Radiotelephone Regulations,
specifically 33 CFR 26.05, consistent with the corresponding statutory
authority, the Vessel Bridge-to-Bridge Radiotelephone Act, 1972, (33
U.S.C. 1204). The particular statutory language is important because it
determines who may maintain the watch on the designated bridge-to-
bridge calling channel (VHF-FM Channel 13 in U.S. territorial waters,
except in the approaches to the lower Mississippi River where VHF-FM
Channel 67 is the designated channel).
2. Inland Waterways Navigation Regulations
This rulemaking removes 33 CFR 162.65(b)(3)(iv) because it
contradicts statutory provisions in the Inland Navigation Rules Act.
Specifically it provided that a vessel being overtaken by another shall
slacken speed sufficiently to permit the passage to be effected with
safety to both vessels. This directly conflicted with Inland Navigation
Rule 13 which places the responsibility for keeping clear on the
overtaking vessel and Inland Rule 17 which requires the overtaken
vessel to maintain course and speed.
Discussion of Comments and Changes
The Coast Guard received only one comment in response to the notice
of proposed rulemaking. This comment strongly endorsed the correction
to the bridge-to-bridge radiotelephone regulations, noting that one of
the key elements of Bridge Resource Management is clear delegation of
duties; and that only the master or conning officer should have
authority to communicate intended ship movements to other vessels.
Because the only comment was positive no changes from the proposed
language have been made.
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 proposal to be
so minimal that a Full Regulatory Assessment is unnecessary. Since this
rulemaking basically corrects inconsistencies and places no new
requirements on the maritime community further Regulatory Evaluation
was deemed unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rulemaking would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated businesses that are
not dominant in their field and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
Because it expects the impact of this rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This proposal 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 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. Under Federal law,
authority to issue regulations to amend the Inland Waterways Navigation
Regulations and the Vessel Bridge-to-Bridge Radiotelephone Regulations
is vested in the Secretary of Transportation and delegated to the Coast
Guard. Therefore, the Coast Guard intends it to preempt State action
addressing this subject matter.
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 as this administrative action clearly has
no environmental effect. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
``ADDRESSES.''
List of Subjects
33 CFR Part 26
Communications equipment, Navigation (water), Marine safety, Radio,
Telephone, Vessels.
33 CFR Part 162
Navigation (water), Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 26 as follows:
PART 26--[AMENDED]
1. The authority citation for part 26 is revised to read as
follows:
Authority: 33 U.S.C. 1207; 49 CFR 1.46.
2. Section 26.05 is revised to read as follows:
Sec. 26.05 Use of radiotelephone.
Section 5 of the Act states that the radiotelephone required by
this Act is for the exclusive use of the master or person in charge of
the vessel, or the person designated by the master or person in charge
to pilot or direct the movement of the vessel, who shall maintain a
listening watch on the designated frequency. Nothing herein shall be
interpreted as precluding the use of portable radiotelephone equipment
to satisfy the requirements of this act.
PART 162--[AMENDED]
1. The authority citation for part 162 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Sec. 162.65 [Amended]
2. Section 162.65(b)(3)(iv) is removed.
Dated: July 12, 1994.
G.A. Penington,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 94-18790 Filed 8-4-94; 8:45 am]
BILLING CODE 4910-14-M
