[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Proposed Rules]
[Pages 13470-13472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7333]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Parts 62 and 66

[CGD 94-091]
RIN 2115-AF14


Conformance of the Uniform State Waterways Marking System and the 
Western Rivers Marking System With the United States Aids to Navigation 
System

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: As part of the President's Regulatory Reinvention Initiative, 
the Coast Guard proposes to eliminate the Uniform State Waterway 
Marking System (USWMS), which is not widely used and may be confusing 
to the mariner. The Coast Guard also proposes to replace the solid-
color crossing dayboards in the Western Rivers Marking System (WRMS) 
with the 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 avoid misinterpreting 
navigational markers they might see when transiting different bodies of 
water now subject to different marking systems.

DATES: Comments are requested by April 26, 1996.

ADDRESSES: Comments may be mailed to 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, or may 
be delivered to 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.
    The Executive Secretary maintains the public docket for this 
request for comments. Comments will become part of this docket and will 
be available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LTJG Chad Asplund, Short Range Aids to Navigation Division, Telephone: 
(202) 267-1386.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this request for comments by submitting written data, views, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this notice (CGD 94-091) and the specific section 
of this notice to which each comment applies, and give 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. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The brevity of the comment period owes to three facts. First, an 
advanced notice of proposed rulemaking (ANPRM) has already sounded 
public opinion. Second, that opinion holds the two changes proposed 
here to be minor and non-controversial. Third, this rulemaking 
constitutes part of the President's Regulatory Reinvention Initiative.

[[Page 13471]]

    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include the reason why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by later notice in the 
Federal Register.

Regulatory History

    On December 29, 1995, the Coast Guard published an ANPRM in the 
Federal Register (60 FR 67345). It gave interested persons until 
February 9, 1996, to submit comments. The Coast Guard received two 
comments on that notice. One came from a trade association and the 
other from an independent consultant.
    The ANPRM intended to gauge public opinion towards eliminating the 
USWMS, replacing the crossing dayboards in the WRMS, and allowing the 
aids to navigation in the WRMS a larger selection of flash 
characteristics from which to chose. The first two items were non-
controversial; therefore, the Coast Guard here proposes eliminating the 
USWMS and replacing the crossing dayboards in the WRMS.
    The issue of flash characteristics may be more important that the 
Coast Guard thought it would be. The Coast Guard has determined that 
more time is necessary to study this issue and may address it in a 
future rulemaking.

Background and Purpose

    The USWMS was created in 1966 to adequately mark State waters. It 
offers two types of aids to navigation, a system of regulatory markers 
as well as a system to supplement the USATONS. It features red and 
black buoys to mark lateral hazards. But 33 CFR 66.10-1(b) already 
allows the USATONS on all waterways in the United States. Many states 
already use the USATONS instead of the USWMS. The Coast Guard proposes 
eliminating the USWMS to move towards a unitary lateral aids to 
navigation system. This change would make the waterways less confusing 
for the mariner.
    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 proposes replacing 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 would retain the same meaning as the 
sold-color crossing dayboards, yet would be easier to see.
    The purpose of these two proposed changes is to adequately mark the 
Uniform State Waterways and Western Rivers and reduce the number of 
systems of aids to navigation.

Consultation With Advisory Committee

    The Coast Guard has consulted with the National Association of 
State Boating-Law Administrators (NASBLA) concerning elimination of the 
USWMS. NASBLA indicates this would be a minor, non-controversial 
change.

Discussion of Comments

1. Should crossing dayboards used in the WRMS be replaced by the non-
lateral dayboards used in the USATONS?

    The comments generally indicated that this change would entail a 
massive reeducation. The Coast Guard believes, with an adequate phase-
in period and increased boaters' awareness, this change would not be 
problematic. The benefits gained from the increased visibility would 
far outweigh the possible confusion.

2. What is the best way to mark obstructions in the USWMS? Should the 
meaning of the red-and-white striped buoys in the USWMS be changed so 
such buoys mark safe water as in the USATONS?

    The comments generally supported this change. They did express some 
concern towards boaters' reeducation. The Coast Guard has consulted 
with NASBLA, which believes this would be a minor, insignificant 
change. Very few states, if any, use the USWMS.

Discussion of Proposed Rule

    The Coast Guard has weighed the needs of the mariner against the 
conflicts cited in the comments and has decided to propose eliminating 
the USWMS and replacing the solid-color crossing dayboards used in the 
WRMS with the checkered non-lateral dayboards used in the USATONS. 
Therefore, the Coast Guard is proposing the following changes to 33 CFR 
Parts 62 and 66:
    Revise Sec. 62.45(d)(6) to include mooring buoys and their light 
characteristics. The elimination of the USWMS, Sec. 66.10, also removes 
the reference to the lighting characteristics on mooring buoys. 
Sec. 62.45(d)(6) will be revised to place the requirements for lighting 
characteristics on mooring buoys in the regulatory text for the 
USATONS.
    Revise Sec. 62.51(b)(3) to replace diamond-shaped crossing 
dayboards, solid red or solid green as appropriate, with diamond-shaped 
crossing dayboards, checkered red-and-white or green-and-white, non-
lateral dayboards similar to those used in the USATONS as appropriate.
    Revise Part 66 to eliminate the USWMS by deleting Subpart 66.10. 
The USWMS is not used and is obsolete.

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 11010; February 26, 
1979).
    The Coast Guard expects the economic impact of this proposal to be 
minimal enough that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. 
Eliminating the USWMS would ultimately save money for states still 
using this system. States could purchase the aids to navigation used in 
the USATONS, which are manufactured in bulk and should cost less than 
the aids peculiar to the USWMS. Replacing the solid-color crossing 
dayboards of the WRMS would cost the Federal government little 
additional money, since new ones would cost essentially the same as the 
current ones. The Coast Guard proposes to 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 
Cost 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)

[[Page 13472]]
government jurisdictions with populations less than 50,000.
    This proposal would have minimal impact on small entities. 
Eliminating the USWMS would not affect small entities; the USWMS is a 
system run by the State governments. Replacing the crossing dayboards 
on the WRMS would only affect the Federal government. Because it 
expects the impact of this proposal to be minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, would 
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.

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 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.e(34)(a) of 
Commandant Instruction M164475.1B, this proposal is categorically 
excluded from further environmental documentation. Eliminating the 
USWMS and replacing the solid-color crossing dayboards in the WRMS 
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), Reporting and 
recordkeeping requirements.
    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. 62.45  [Amended]

    2. In Sec. 62.45, paragraph (d)(6) is revised to read as follows:
* * * * *
    (d) * * *
    (6) Information and Regulatory Marks, and mooring buoys, display 
white lights of various rhythms.
* * * * *


Sec. 62.51  [Amended]

    3. In Sec. 62.51, paragraph (b)(3) is revised to read as follows:
* * * * *
    (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.
* * * * *

PART 66--PRIVATE AIDS TO NAVIGATION

    4. 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.

Subpart 66.10--[Removed]

    5. Subpart 66.10 is removed.

    Dated: March 21, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 96-7333 Filed 3-26-96; 8:45 am]
BILLING CODE 4910-14-M