[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55946-55947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28035]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 66

[USCG-1998-3604]
RIN 2115-AF50


Amendment of State Waters for Private Aids to Navigation in 
Wisconsin and Alabama

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The U.S. Coast Guard is reestablishing Federal jurisdiction 
over certain waterways in the State of Alabama and expanding state 
jurisdiction of certain waterways in the State of Wisconsin for the 
purposes of Private Aids to Navigation. This action is being taken to 
implement a request from the State of Alabama and an agreement between 
the State of Wisconsin and the Coast Guard, and to ensure, safe 
navigation on the affected waterways.

DATES: This final rule is effective November 19, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility, USCG-1998-
3604, U.S. Department of Transportation, room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT:
For questions on this rule, contact Mr. Dan Andrusiak, G-OPN-2 at U.S. 
Coast Guard, (202) 267-0327.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On April 15, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Amendment of State Waters for private aids to 
navigation in Wisconsin and Alabama in the Federal Register (63 FR 
18349). The Coast Guard received no letters commenting on the proposed 
rulemaking. No public hearing was requested, and none was held.

Background and Purpose

    On March 26, 1971, the Coast Guard and the State of Alabama signed 
an agreement giving the State of Alabama control over certain of its 
waterways for the purposes of private aids to navigation. On April 1, 
1981, Mr. William Garner, Director, Marine Police Division for the 
State of Alabama, sent a letter to the Chief of the Eighth Coast Guard 
District Aids to Navigation branch asking that the original agreement 
of March 26, 1971, be discontinued. Mr. Garner stated that no follow-up 
had been done on the agreement and therefore that the agreement had 
never been implemented. The Coast Guard is implementing this change to 
comply with the State of Alabama's request and to ensure that 
discrepancies in aids to navigation can be quickly corrected. This rule 
also implements an agreement between the Coast Guard and the State of 
Wisconsin changing the reference date for designation of State waters 
for private aids to navigation from November 17, 1969, to May 1, 1996.
    This rule change accomplished two things for the purpose of Private 
Aids to Navigation. First, by removing Paragraph Sec. 66.05-100(a) it 
will reestablish Federal jurisdiction over certain waterways in the 
State of Alabama. Second, by amending paragraph Sec. 66.05-100(j) the 
State of Wisconsin will expand state jurisdiction over Lake Winnebago, 
the Fox River, and various other waterways in their regulatory system.

Discussion of Comments and Changes

    The Coast Guard published a Notice of Proposed Rulemaking on April 
15, 1998 and allowed the public a 60 day comment period. The Coast 
Guard received no comments; therefore the NPRM is being adopted as 
final with no changes.

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 
rule to be so minimal 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. 601-612), the Coast 
Guard considered whether this rule will have a significant economic 
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 of less than 50,000. 
Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 606(b) that the final rule, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities. This conclusion was reached by conferring with Aids to 
Navigation personnel at the affected districts and having received 
assurance that this rule change would not cause any significant

[[Page 55947]]

economic impact on small business. Therefore, the Coast Guard certifies 
under section 605(b) of the Regulator Flexibility Act (5 U.S.C. 601-
612) that this final rule will not have a significant economic impact 
on a substantial number of 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 
offered to assist small entities in understanding this proposed rule so 
that they can better evaluate its effect 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 LCDR John Fidaleo, G-OPN-2 at 
(202) 267-0346.

Collection of Information

    This final rule does not provide for a collection-of-information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined this 
final rule does not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under paragraph 2.B.2.e(23) and (34)(i) of 
Commandant Instruction M16475.1B, this final rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 66

    Intergovernmental relations, Navigation (water), Reporting and 
recordkeeping requirements. For the reasons set forth in the preamble, 
the Coast Guard amends 33 CFR part 66 as follows:

PART 66--[AMENDED]

    1. 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.

    2. In Sec. 66.05-100, remove paragraph (a), and redesignate 
paragraphs (b) through (j) as paragraphs (a) through (i), and revise 
newly designated paragraph (i) to read as follows:


Sec. 66.05-100  Designation of navigable waters as State waters for 
private aids to navigation.

* * * * *
    (i) Wisconsin. Navigable waters within the State not marked with 
Coast Guard aids to navigation as of May 1, 1996.

    Dated: October 9, 1998.
Ernest R. Riutta,
Assistant Commandant for Operations.
[FR Doc. 98-28035 Filed 10-19-98; 8:45 am]
BILLING CODE 4910-15-M