[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Rules and Regulations]
[Pages 27780-27782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13725]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 62

[CGD-94-091]
RIN 2115-AF14


Conformance of the Western Rivers Marking System With the United 
States Aids to Navigation System

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: As part of the President's Regulatory Reinvention Initiative, 
the Coast Guard will replace the solid-color crossing dayboards in the 
Western Rivers Marking System (WRMS) with 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 to better see the crossing dayboards, 
making the Western Rivers safer.

DATES: This rule is effective June 3, 1996. The first checkered non-
lateral dayboards will appear on the Western Rivers no sooner than 
September 3. The last solid-color crossing dayboards will disappear 
from the Western Rivers not later than June 3, 1996.

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) (CGD 94-091), 
U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001, 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.

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

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principle persons involved in drafting this document are LTJG 
Chad Asplund, Project Manager, Short Range Aids to Navigation Division, 
and Patrick J. Murray, Project Counsel, Office of Chief Counsel.

Regulatory History

    On March 27, 1996, the Coast Guard published an NPRM entitled 
Conformance of the Uniform State Waterway Marking System and the 
Western Rivers Marking System with

[[Page 27781]]

the United States Aids to Navigation System in the Federal Register (61 
FR 13472). The Coast Guard received twenty letters commenting on the 
proposal. No public hearing was requested, and none was held.
    The comments received regarding elimination of the Uniform State 
Waterway Marking System (USWMS) showed that this portion of the 
regulations was more complex and more controversial than previously 
thought. Therefore the Coast Guard will withdraw this portion of the 
rulemaking and may address it in a future rulemaking.

Background and Purpose

    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 will replace 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 will retain the same meaning as the solid-color 
crossing dayboards, yet will be easier to see.

Discussion of Comments and Changes

    The Coast Guard received twenty letters commenting on our March 27, 
1996 NPRM (61 FR 13472). Eighteen of the letters concerned elimination 
of the USWMS. The three remaining letters concerned the change to the 
WRMS.
    The letters which came from State Boating Law Administrators 
expressed concern about losing the regulatory markers from the USWMS. 
The Coast Guard never planned to eliminate these markers from state 
waters. Regulatory markers are a vital part of the USATONS; and by 
eliminating the USWMS and mandating the USATONS the regulatory markers 
will still be available.
    One State was also concerned with the replacement of the red-and-
white striped danger mark of the USWMS. There is a fundamental 
difference with the red-and-white striped buoy. In the USATONS it 
represents a safe-water mark, and in the USWMS it identifies a hazard. 
This is contradictory and very confusing to the mariner who navigates 
between both systems.
    One State also brought up many issues regarding total conformance 
of the USWMS and the USATONS after the merger. It was brought to the 
attention of the Coast Guard that many sections of 33 CFR Part 62 will 
have to be revised to ensure total conformance. Many administrators 
stated that this was a significant and complex issue that required 
further study. Therefore, the Coast Guard is postponing the portion of 
the rulemaking concerning the USWMS for a future project so that the 
Coast Guard may work with the States on this rule.
    A national trade organization representing the inland and coastal 
barge and towing industry concurred with the Coast Guard's proposal to 
replace the solid-color crossing dayboards with the non-lateral 
checkered green-and-white or red-and-white dayboards of the USATONS. 
They believe that the checkered design will significantly improve 
visibility, particularly on the right descending bank.
    An independent consultant was concerned about replacing the 
crossing dayboards with checkered non-lateral marks. The consultant 
noted that the checkered dayboards would be harder to see because they 
would be smaller in size. Although the colored portion of the dayboards 
will be smaller, the total dayboard will be the same size and shape as 
the solid-color marks that they are replacing. The fact that the 
dayboards will be in part white will increase the contrast against the 
typical riverine foliage background, thus providing equal or greater 
detection distance. Therefore the Coast Guard does not see this as a 
significant issue.
    The consultant was also concerned that the Coast Guard is replacing 
lateral marks with non-lateral marks. Crossing dayboards in their 
proper use are non-lateral. They do not mark a specific side of the 
river or channel, but simply inform the mariner which side of the river 
to move to when approaching a bend or change in the geography of the 
river. Therefore the Coast Guard believes this is an appropriate 
change.

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 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 regulation to 
be minimal enough that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. 
Replacing the solid-color crossing dayboards of the WRMS will cost the 
Federal government little additional money, since new ones would cost 
essentially the same as the current ones. The Coast Guard will 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 
Coast 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) governmental jurisdictions with 
populations less than 50,000.
    This proposal would have minimal impact on small entities. 
Replacing the crossing dayboards on the WRMS would only affect the 
Federal government. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

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 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e(34)(a) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. Replacing the solid-color crossing 
dayboards in the WRMS will have no environmental implications. A 
Categorical Exclusion Determination is

[[Page 27782]]

available in the rulemaking docket for inspection or copying where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 62

    Navigation (water).

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 62 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. 62.51   [Amended]

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


Sec. 62.51  Western rivers marking system.

 * * * * *
    (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.
 * * * * *
    Dated: May 23, 1996.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety 
and Waterway Services.
[FR Doc. 96-13725 Filed 5-31-96; 8:45 am]
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