[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Proposed Rules]
[Pages 25855-25859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11987]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 62, 66, 67, and 72

[USCG-2001-10714]
RIN 1625-AA34 (Formerly RIN 2115-AG25)


Update of Rules on Aids to Navigation Affecting Buoys, Sound 
Signals, International Rules at Sea, Communications Procedures, and 
Large Navigational Buoys

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise its aids to navigation and 
maritime information regulations by updating technical information 
concerning buoys, sound signals, international rules at sea, 
communications procedures, and large navigational buoys, and by 
rewriting some regulations to make them clearer and gender-neutral. The 
proposed changes would update existing rules to reflect current 
practices and make them easier to understand.

DATES: Comments and related material must reach the Docket Management 
Facility on or before August 12, 2003.

ADDRESSES: To make sure that your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2001-10714), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, contact Mr. Dan Andrusiak, Project Manager, Program Management 
Division, Office of Short-Range Aids to Navigation (G-OPN), Coast 
Guard, telephone 202-267-0327 (email: [email protected]).
    If you have questions on viewing or submitting material to the 
docket, call Ms. Dorothy Beard, Chief, Dockets, Department of 
Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2001-
10714), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard's Office of Short-Range Aids to Navigation 
frequently reviews the rules on Aids to Navigation. During our most 
recent review, we found that many rules do not reflect current 
technologies and practices. For example, what we formerly called ``fog 
signals,'' we now call ``sound signals.'' Also, we want to inform users 
that certain safety information, such as ``Notice to Mariners'' can now 
be found on the World Wide Web. Therefore, the Assistant Commandant for 
Operations proposes to update our aids to navigation rules and to 
eliminate any ambiguous or confusing language in them.

Discussion of Proposed Rule

    The regulations we propose to revise are in 33 CFR parts 62, 66, 67 
and 72. Our discussion of our proposed revisions are presented below 
under the four corresponding subject area headings: United States Aids 
to Navigation System, Private Aids to Navigation, Aids to Navigation on 
Artificial Islands and Fixed Structures, and Marine Information.

[[Page 25856]]

United States Aids to Navigation System

    Large navigational buoys. We propose to remove Sec.  62.39 because 
the Coast Guard no longer uses the large navigational buoys described 
in that section. We now use the Differential Global Positioning System 
(DGPS) for navigational assistance.
    Maritime radiobeacon system. We propose to remove subpart C 
(Maritime Radiobeacons) of 33 CFR part 62. The sections in it, 
Sec. Sec.  62.55, 62.57, 62.59, and 62.61, describe a radiobeacon 
system that has been replaced by DGPS.
    Procedures for reporting defects and discrepancies. We propose to 
revise Sec.  62.65(c)(2) by removing the last sentence that allows the 
use of collect calls. Because there are so many ways to reach the Coast 
Guard, this collect call option is no longer necessary.

Private Aids to Navigation

    Application procedure. In Sec.  66.01-5(g) we propose to remove the 
term ``fog signals'' and add, in its place, the term ``sound signals'' 
to reflect current usage. These signals alert operators to many 
environmental conditions besides fog that reduce visibility--for 
example, mist, rain, falling snow, smoke, and dust.
    State waters for private aids to navigation; designations; 
revisions, and revocations. We propose to make the language in Sec.  
66.05-10 gender-neutral.
    Change and modification of State aids to navigation. We propose to 
make the language in Sec.  66.05-25 gender-neutral. We also propose to 
remove the word ``preferably'' to give a definitive deadline for the 
State Administrator to inform the District Commander of the need for a 
change in the State aids to navigation.
    Notice to Mariners. We propose to make Sec.  66.05-30 gender-
neutral.
    Designation of navigable waters as State waters for private aids to 
navigation. In Sec.  66.05-100(e), for clarity, we propose to change 
the reference to ``Each navigable water'' to simply ``Navigable 
waters''.
    Uniform State waterway aids to navigation. In Sec.  66.10-15, we 
propose to make paragraphs (b), (c), (e)(1), and (e)(3) gender-neutral. 
And we propose to remove the editorial note for Sec.  66.10-15. This 
note points out that the heading of amendatory instruction no. 16 at 63 
FR 33574, June 19, 1998, referred to a non-existent Sec.  66.19-15; the 
heading should have read ``Sec.  66.10-15 Aids to navigation.'' This 
NPRM serves to document that error and eliminate the need for 
maintaining this distracting note in the CFR.

Aids to Navigation on Artificial Islands and Fixed Structures

    Throughout 33 CFR part 67, we propose to replace the term ``fog 
signals'' with ``sound signals'' to reflect current usage. These 
signals alert operators to many environmental conditions, not just fog.
    General requirements. We propose to make Sec. Sec.  67.01-10, 
67.01-15, 67.01-20, and 67.05-1 gender-neutral. In addition, we 
proposed to revise the first three of these sections to clarify the 
roles of agency personnel.
    Classification of structures. As part of our proposed clarification 
of Sec.  67.01-15, classification of structures, we plan to consolidate 
common language repeated in six district regulations in subpart 67.50 
into this one section applicable to all of part 67. By moving this 
commonly-shared classification of structures language to Sec.  67.01-
15, we will be able to delete this repetitive language from Sec. Sec.  
67.50-5, 67.50-15, 67.50-20, 67.50-30, 67.50-45, and 67.50-50.
    Lights and signals on attendant vessels. We propose to revise Sec.  
67.15-1 by correcting a U.S. Code citation and adding new authority 
references.
    Spoil Banks, artificial islands, and dredged channels marking 
requirements. We propose to revise Sec.  67.15-10(b) to establish that 
the District Commander would both review applications and issue 
permits.
    Class A and B requirements. We propose to make the language in 
Sec. Sec.  67.20-10 and 67.25-10 gender-neutral and to change the term 
``fog signal'' to ``sound signal''.
    Obstruction lights. We propose to revise Sec.  67.30-5(a) to 
replace an old address with a current one.
    Fog Signals. We propose to revise Sec.  67.30-10, including its 
heading, to change the term ``fog signal'' to ``sound signal''.
    Notification to District Commander. We propose to make the language 
in Sec.  67.40-1 gender-neutral. We also propose to allow those 
constructing structures an additional means of notifying the District 
Commander that construction has commenced. We currently require notice 
by telegram. We propose to add the option of notification via overnight 
mail.
    Notification waivers. We propose to make the language in Sec.  
67.40-5 gender-neutral.
    Charges for marking structures invoiced to owner. We propose to 
revise Sec.  67.40-20 to change the term ``fog signal'' to ``sound 
signal''.

Marine Information

    Local Notice to Mariners. We propose to add a note to Sec.  72.01-5 
to inform the reader of a Web address where an electronic version of 
``Local Notice to Mariners'' can be located.
    Notice to Mariners. We propose to add a Web address note to Sec.  
72.01-10 to inform the reader where an electronic version of ``Notice 
to Mariners'' can be located.
    Free distribution of Light List. We propose to add a note to Sec.  
72.05-10 to inform the reader of a Web address where an electronic 
version of Coast Guard Light List data may be obtained.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    Cost of Rule. The proposed rule would impose no costs either on 
owners and operators of aids to navigation or on owners and operators 
of vessels on waters subject to the jurisdiction of the United States. 
Some owners and operators, however, may need to update contact 
information in their files, which is a normal business practice and 
therefore the cost is negligible.
    Benefits of the Rule. The proposed rule would update various 
technical references to incorporate improvements in technology and 
practices. The rule would also rewrite some sections to make them 
easier to understand and to reflect gender-neutral language. We expect 
that this proposed rule would improve operational efficiency and 
boater's safety.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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. This proposed rule would update technical information to 
reflect current practices and to rewrite some sections for clarity.

[[Page 25857]]

    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Dan Andrusiak, Program 
Management Division, Office of Aids to Navigation, Coast Guard, 
telephone 202-267-0327 (email: [email protected]).
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket 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.

33 CFR Part 67

    Continental shelf, Navigation (water), Reporting and recordkeeping 
requirements.

33 CFR Part 72

    Government publications, Navigation (water).
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 62, 66, 67, and 72 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; 
Department of Homeland Security Delegation No. 0170.


Sec.  62.39  [Removed]

    2. Remove Sec.  62.39.


Sec. Sec.  62.55-62.61 (Subpart C)  [Removed and Reserved]

    3. Remove and reserve subpart C, consisting of Sec. Sec.  62.55 
through 62.61.


Sec.  62.65  [Amended]

    4. In Sec.  62.65, in paragraph (c)(2), remove the last sentence.

PART 66--PRIVATE AIDS TO NAVIGATION

    5. The authority citation for part 66 continues to read as follows:

    Authority: 14 U.S.C. 83, 85; 43 U.S.C. 1333; Pub. L. 107-296, 
116 Stat. 2135; Department of Homeland Security Delegation No. 0170.

[[Page 25858]]

Sec.  66.01-5  [Amended]

    6. In Sec.  66.01-5(g), remove the word ``fog,'' and add in its 
place, the word ``sound.''


Sec.  66.05-10  [Amended]

    7. In Sec.  66.05-10--
    (a) In paragraph (c), wherever the word ``his'' appears, remove it; 
and
    (b) In paragraph (e), in the first sentence, add the words ``or 
her'' immediately after the word ``his'', and add the word ``or her'' 
immediately after the words ``by him.''


Sec.  66.06-25  [Amended]

    8. Amend Sec.  66.05-25 to read as follows:


Sec.  66.05-25  Change and modification of State aids to navigation.

    Wherever a State Administrator determines the need for change in 
State aids to navigation, he or she must inform the District Commander 
of the nature and extent of the changes, as soon as possible, but not 
less than 30 days in advance of making the changes.


Sec.  66.05-30  [Amended]

    9. In Sec.  66.05-30 revise paragraph (a) to read as set forth 
below.


Sec.  66.05-30  Notice to Mariners.

    (a) To improve public safety, the District Commander may publish 
information concerning State aids to navigation, including regulatory 
markers, in the Coast Guard Local Notices to Mariners.
* * * * *


Sec.  66.05-100  [Amended]

    10. In Sec.  66.05-100, in paragraph (e), remove the words ``Each 
navigable water'' and add, in their place, the words ``Navigable 
waters.''


Sec.  66.10-15  [Amended]

    11. In Sec.  66.10-15--
    a. In paragraphs (b) and (c), in the last sentence, remove the word 
``he'' and add, in its place, the words ``the user'',
    b. In paragraphs (e)(1), (e)(2) and (e)(3), remove the word ``he'' 
and add, in its place, the words ``the operator''.

PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED 
STRUCTURES

    12. The authority citation for part 67 continues to read as 
follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.

PART 67--[AMENDED]

    13. In part 67, remove the words ``fog signal'' and ``fog signals'' 
and add, in their place, respectively, the words ``sound signal'' and 
``sound signals'' in the following places:
    a. Section 67.01-1 (a);
    b. Section 67.01-5 (e) and (f), including the section heading for 
(f);
    c. Subpart 67.10, subpart heading;
    d. Sections 67.10-1 introductory text;
    e. Section 67.10-5 introductory text;
    f. Section 67.10-10 (a) introductory text, (a)(3) and (b);
    g. Section 67.10-15, section heading, paragraphs (a) introductory 
text, (a)(1), (a)(2), and (b);
    h. Section 67.10-20, section heading, paragraphs (a) introductory 
text, and (a)(3);
    i. Section 67.10-25 introductory text and (a)(2);
    j. Section 67.10-30;
    k. Section 67.10-35(a) and (b);
    l. Section 67.10-40, section heading and text;
    m. Section 67.20-10, section heading, and paragraphs (a)(1), (a)(2) 
and (b);
    n. Section 67.25-10, section heading, paragraphs (a)(1), (a)(2), 
(b) introductory text, (b)(2), and (c)(1);
    o. Section 67.30-10, section heading, paragraphs (a) introductory 
text, (b), (c), (d) introductory text and (d)(2); q
    p. Section 67.35-1(b);
    q. Section 67.35-5(b);
    r. Section 67.40-1(a);
    s. Section 67.40-5(b);
    t. Section 67.40-20; and
    u. Section 67.50-25(f).


Sec.  67.01-10  [Amended]

    14. Amend Sec.  67.01-10 to read as follows:


Sec.  67.01-10  Delegation of functions.

    The Coast Guard District Commander may delegate the authority for 
performing inspections, enforcement, and administration of regulations 
to any civilian or military position in the Coast Guard.


Sec.  67.01-15  [Amended]

    15. Amend Sec.  67.01-15 to read as follows:


Sec.  67.01-15  Classification of structures.

    (a) When will structures be assigned to a Class? The District 
Commander will assign structures to Class A, B, or C as part of 
processing an application for a permit to establish and operate lights 
and sound signals.
    (b) In general, where will the different classes of structures be 
located? Specific criteria in paragraph (c) of this section may create 
exceptions, but in general structures the farthest from shore are 
likely to be assigned to Class A and required to have obstruction 
lights and sound signals that can be detected from the farthest 
distance. Structures closest to shore are likely to be assigned to 
Class C and, while subject to requirements to ensure that they are also 
detectable from a safe distance away, will be required to have the 
least powerful obstruction lights or sound signals. The location and 
standards for Class B structures will generally be in between Class A 
and C structures.
    (c) What criteria will be used to classify structures? When 
assigning a structure to a class, the District Commander will take into 
consideration whether a line of demarcation has been prescribed, and 
matters concerning, but not necessarily limited to, the dimensions of 
the structure and the depth of water in which it is located, the 
proximity of the structure to vessel routes, the nature and amount of 
vessel traffic, and the effect of background lighting.
    (1) If a line of demarcation has been prescribed, the District 
Commander will assign those structures seaward of the line of 
demarcation to Class A. He or she will assign all structures shoreward 
of the line of demarcation to either Class B or Class C, unless the 
District Commander determines under Sec.  67.05-25 that the structure 
should be assigned to Class A because of the structure's proximity to a 
navigable channel, fairway or line of demarcation.
    (2) If a line of demarcation has not been prescribed, the District 
Commander will assign a structure to Class A, B, or C as he or she 
deems appropriate.
    16. Amend Sec.  67.01-20 to read as follows:


Sec.  67.01-20  Prescribing lines of demarcation.

    The District Commander sends recommendations for establishing or 
changing lines of demarcation to the Commandant. For the purposes of 
this part, when the Commandant approves of additions to or changes in 
prescribed lines of demarcation, such additions or changes will be 
published in the Federal Register and will become effective on the date 
specified in that publication.


Sec.  67.05-1  [Amended]

    17. In Sec.  67.05-1(f), immediately after the words, ``the angle 
of the approach, until'', remove the word ``he'', and add, in its 
place, the words, ``the mariner''.


Sec.  67.10-10  [Amended]

    18. In addition to amendments set forth in the nomenclature 
instruction above, in Sec.  67.10-10, remove the third word (``fog'') 
in paragraph (a)(3).

[[Page 25859]]

Sec.  67.15-1  [Amended]

    19. Amend Sec.  67.15-1 to read as follows:


Sec.  67.15-1  Lights and signals on attendant vessels.

    The requirements prescribed by this part apply to structures. The 
barges, vessels, and other miscellaneous floating plants in attendance 
must display lights and signals under the International Navigational 
Rules Act of 1977 (33 U.S.C. 1601-1608) that adopted the International 
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), or the 
Inland Navigational Rules Act of 1980 (33 U.S.C. 2001-2038). When 
vessels are fixed to or submerged onto the seabed, however, they become 
structures as described in Sec.  67.01-5.


Sec.  67.15-10  [Amended]

    20. Amend Sec.  67.15-10(b) to read as follows:


Sec.  67.15-10  Spoil banks, artificial islands, and dredged channels.

* * * * *
    (b) To receive a permit to establish and maintain a private aid to 
navigation for the purposes described in paragraph (a) of this section, 
submit your application to the District Commander. The District 
Commander will review all applications and issue all permits.
    21. In addition to amendments set forth in the nomenclature 
instruction above, in Sec.  67.20-10, in paragraph (b), add the words 
``or she'' immediately after the words ``of this section, if he''.
    22. In addition to amendments set forth in the nomenclature 
instruction above, in Sec.  67.25-10, in the introductory text of 
paragraph (c), add the words ``or she'' immediately after the words 
``of this section, if he''.


Sec.  67.30-5  [Amended]

    23. In Sec.  67.30-5, in paragraph (a), remove the address ``Naval 
Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120.'' and add, in 
its place, the following address: ``Document Automation and Production 
Service, 700 Robbins Avenue, Building 4, Section D, Philadelphia, PA 
19111-5091.''


Sec.  67.40-1  [Amended]

    24. In addition to amendments set forth in the nomenclature 
instruction above, in Sec.  67.40-1(a), remove the second sentence, and 
add, in its place, the two following sentences: ``Persons constructing 
structures must notify the District Commander by either telegram or 
overnight mail on the day they begin construction. Within this notice, 
they must inform him or her of the lights and sound signals they will 
use during construction.''


Sec.  67.40-5  [Amended]

    25. In addition to amendments set forth in the nomenclature 
instruction above, in Sec.  67.40-5--
    a. In paragraph (a), add the words ``or her'' immediately after the 
words ``whenever, in his'', and
    b. In paragraph (b), add the words ``or she'' immediately after the 
words ``marine navigation, he'' and add the words ``or her'' 
immediately after the words ``revoke or revise his''.
    26. In Sec. Sec.  67.50-5 (b), 67.50-15 (b), 67.50-20 (b), 67.50-30 
(b), 67.50-35 (b), 67.50-45 (b), and 67.50-50 (b), remove the 
sentences: ``The District Commander shall assign structures to classes 
as he deems appropriate at the time of application for a permit to 
establish and operate lights and fog signals. In so doing, he shall 
take into consideration matters concerning, but not necessarily limited 
to, the dimensions of the structure and the depth of water in which it 
is located; the proximity of the structure to vessel routes; the nature 
and amount of vessel traffic; and the effect of background lighting.''

CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

PART 72--MARINE INFORMATION

    27. The authority citation for part 72 continues to read as 
follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.


Sec.  72.01-5  [Amended]

    28. In Sec.  72.01-5, add a note at the end of the section that 
reads as follows:


Sec.  72.01-5  Local Notice to Mariners.

* * * * *

    Note to Sec.  72.01-5: You may also access Local Notice to 
Mariners free of charge on the Internet from the Coast Guard 
Navigation website (http://www.navcen.uscg.gov/); look for ``Local 
Notice to Mariners''.

Sec.  72.01-10  [Amended]

    29. In Sec.  72.01-10, add a note at the end of the section that 
reads as follows:


Sec.  72.01-10  Notice to Mariners.

* * * * *

    Note to Sec.  72.01-10: You may also access Notice to Mariners 
through the National Imagery and Mapping Agency website (http://pollux.nss.nima.mil); look for ``U.S. Notice to Mariners''.

    30. In Sec.  72.05-10, add a note at the end of the section that 
reads as follows:


Sec.  72.05-10  Free Distribution.

* * * * *

    Note to Sec.  72.05-10: You may also access Coast Guard Light 
List data through the following National Imagery and Mapping Agency 
Web site (http://pollux.nss.nima.mil/pubs/USCGLL/pubs_j_uscgll_list.)


    Dated: May 5, 2003.
David S. Belz,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Operations.
[FR Doc. 03-11987 Filed 5-13-03; 8:45 am]
BILLING CODE 4910-15-P