[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24979-24984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 62, 66, 67, and 72

[USCG-2001-10714]
RIN 1625-AA34


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: Final rule.

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SUMMARY: The Coast Guard is revising 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. 
These changes will update existing rules to reflect current practices 
and make them easier to understand.

DATES: This final rule is effective June 4, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-10714 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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 rule, 
call Mr. Dan Andrusiak, Project Manager, Office of Short-Range Aids to 
Navigation (G-OPN), Coast Guard, telephone 202-267-0327 (e-mail: 
[email protected]). If you have questions on viewing the 
docket, call Andrea M. Jenkins, Program Manager, Docket Operations, 
telephone 202-366-0271.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 14, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Update of Rules on Aids to Navigation Affecting 
Buoys, Sound Signals, International Rules at Sea, Communications 
Procedures, and Large Navigational Buoys'' in the Federal Register (68 
FR 25855). We also published a correction of a web address on May 22, 
2003 (68 FR 28052). We are adopting that proposed rule as final with 
the exception of changes described in the Discussion of Comments and 
Changes and Changes not related to comments sections below.
    We received two letters commenting on the proposed rule. No public 
hearing was requested and none was held.

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

[[Page 24980]]

certain safety information, such as ``Notice to Mariners'' can now be 
found on the World Wide Web. Therefore, we updated our aids to 
navigation rules and in the process attempted to eliminate ambiguous, 
confusing, or gender-specific language.

Discussion of Comments and Changes

    From 2 individual commenters we received 15 specific comments to 
this rule. These comments and our responses follow:
    Comment 1. Given the number of security zones that have been 
recently established, and the number of additional security zones that 
are likely to be established, the Coast Guard should establish a 
``special mark'' or ``regulatory mark'' with unique coloration and 
light characteristics for delimiting security zones.
    Response: This is already covered under paragraph (a)(2) of Sec.  
62.33, Information and regulatory marks. It specifies that vertical 
diamond-shape marks featuring a centered cross be used to indicate that 
vessels are excluded from an area. The Coast Guard, however, will not 
mark security zones as a general practice.
    Comment 2. The Coast Guard should establish additional means 
(telephone, facsimile, e-mail, etc.) for receiving reports of defects 
or discrepancies in navigational aids and Sec.  62.65(c)(2) should be 
revised accordingly.
    Response: In the preamble of our NPRM, we stated there were many 
ways to reach the Coast Guard. Indeed, this was our primary reason for 
removing a collect-call option from Sec.  62.65(c)(2). (68 FR 25856, 
May 14, 2003). The text of our proposed rule, however, did not convey 
this message clearly. To make it clear that we invite people to report 
aids to navigation defects or discrepancies to us by radio, or other 
means--including telephone, e-mail, or facsimile, we have revised Sec.  
62.65(c)(2) and eliminated the use of the undefined ``commercial 
communications facilities.''
    Comment 3. We understand that the Coast Guard will be proposing new 
rules to, among other things, mandate certain vessels be equipped with 
Automatic Identification Systems (AIS) as aids to navigation. It would 
appear appropriate to consider allowing certain offshore installations 
and shore facilities to be equipped to transmit AIS information (e.g., 
temporary, or newly established security zones). When the AIS 
regulations are proposed, the Coast Guard should consider the need to 
revise Sec.  66.01-1(d) to allow such installations and facilities to 
apply for authorization to transmit AIS information.
    Response: This suggestion is outside the scope of this rulemaking 
and therefore we did not change the rule based on this comment. In 
response to a notice and request for comments published July 1, 2003 
(68 FR 39369), the commenter has sent the same comment to an AIS docket 
(see item number 2003-14878-50) where it will be considered.
    Comment 4. The third sentence in Sec.  66.10-15(b) should be 
revised by removing the word ``a'' in the phrase ``looking upstream or 
toward the head of a navigation''.
    Response: We agree and have revised Sec.  66.10-15(b) accordingly.
    Comment 5. Further guidance should be provided in Sec.  67.01-5(a) 
regarding the applicability of the ``structures'' requirements to 
mobile offshore drilling units (MODUs). The list of examples should be 
expanded to include ``self-elevating MODUs elevated on location'' and 
``floating MODUs when attached to the seabed by a marine drilling 
riser.'' While there is consistency in the application of the term 
``structure'' to these units in the Gulf of Mexico, there has been 
historic inconsistency in other regions. It would be helpful if 
consistency could be achieved at this time, through rulemaking, while 
no such units are operating in areas of U.S. jurisdiction outside the 
Gulf of Mexico.
    Response: We agree that the definition of ``structures'' should 
include a reference to MODUs and we have revised Sec.  67.01-5(a) 
accordingly.
    Comment 6. The Coast Guard should carefully differentiate between 
the actual ``range'' of sound signals and the ``approved,'' ``rated,'' 
or ``nominal'' range of such signals in its regulatory requirements. 
The actual range of such devices is dependent upon atmospheric 
conditions and cannot be assured. Regulations requiring sound signals 
should do so by referring to an approved, rated, or nominal range. 
Regulations where this change should be made include Sec. Sec.  67.10-
1(c), 67.10-5(a), 67.10-10(a)(3), 67.10-20, 67.10-25(a)(3), 67.20-10, 
67.25-10, and 67.30-10.
    Response: With the exception of Sec.  67.10-20, Sound signal tests, 
we agree. In this final rule, we have changed ``range'' to ``rated 
range'' in Sec. Sec.  67.10-1(c), 67.10-5(a), 67.10-10(a)(3), 67.10-
25(a)(3), 67.20-10, 67.25-10, and 67.30-10. Section 67.10-20, however, 
dictates how the test will be conducted to verify that the signal 
performs at the rated range. Thus, we did not change the wording of 
Sec.  67.10-20 based on this comment.
    Comment 7. Section 67.10-5(b) should be revised to read: ``Be 
located on the structure so that the sound signal produced is audible 
over 360 degrees in a horizontal plane at all distances up to and 
including the required range.''
    Response: We did not make any changes in the rule based on this 
comment. Wording nearly identical to the proposed language already 
appears in Sec.  67.10-5(a) and we see no need to change the wording in 
paragraph (b), which contains a height-requirement for the installation 
of the sound signal.
    Comment 8. Section 67.10-20(a)(2) should be revised to allow the 
Coast Guard to accept the use of sound level meters other than the ones 
that it supplies by referencing an appropriate industry specification 
for a meter that meets or exceeds the standards of the meter used by 
the Coast Guard.
    Response: We appreciate this suggested change in Sec.  67.10-20, 
but it is beyond the scope of this rulemaking, which is limited to 
updating existing rules to reflect current practices and making these 
regulations gender-neutral and easier to understand. Therefore, we did 
not change the rule based on this comment.
    Comment 9. Section 67.10-25(a)(1) should be revised to eliminate 
``his.''
    Response: We agree. In the final rule we have changed ``his'' in 
Sec.  67.10-25(a)(1) to ``Requestor's''.
    Comment 10. Revise Sec.  67.10-25(b) to provide guidance regarding 
how ``all expenses of the U.S. Government in sending a Coast Guard 
representative to the test'' are to be calculated. Does this include 
pro-rated salaries, or only additional costs of travel, etc.?
    Response: We have revised Sec.  67.10-25(b) to indicate that only 
costs associated with travel and per diem, and not salary, are 
chargeable.
    Comment 11. It appears that the reference to ``Subpart 62.25'' in 
Sec.  67.15-10(a) should be revised to refer to Sec. Sec.  62.23 to 
62.33.
    Response: We agree. We have changed it from ``Subpart 62.25'' to 
``Subpart B.'' (Subpart B includes Sec. Sec.  62.23 to 62.33.)
    Comment 12. With regard to Sec. Sec.  67.20-5 and 67.25-5(a), the 
regulatory requirement that ``lights shall be of sufficient candlepower 
as to be visible at a distance of at least five nautical miles 90 
percent of the nights of the year'' is inappropriate. This language 
should be replaced by a requirement that lights for a specified range 
meet specific minimum intensity requirements based upon a desired 
range. As the requirement is written, specialized studies of historic 
atmospheric conditions for each light would be required and would need 
to be continuously revalidated.

[[Page 24981]]

    Response: Because atmospheric conditions vary by locality, the 
minimum candlepower needed to meet visibility requirements will also 
vary. Contact your local District Commander for local guidance. Local 
candlepower requirements are based upon transmissivity data issued by 
the National Oceanic and Atmospheric Administration (NOAA).
    Comment 13. In Sec.  67.20-5, the cross-reference to Sec.  67.05-
1(f) should be corrected because Sec.  67.05-1(f) does not address a 
maximum height for lights.
    Response: While not expressly stated in Sec.  67.05-1(f), maximum 
height is inferred. The maximum height at which a light could be 
installed and remain visible up until the mariner is within 50 feet of 
a structure depends on the vertical divergence of the optic for the 
installed light. We have revised the last sentence of Sec.  67.20-5 to 
reflect that vertical divergence will dictate the maximum height as 
opposed to giving an impression the reader will find a specific maximum 
height in Sec.  67.05-1(f).
    Comment 14. The ``3'' in Sec.  67.25-10(a)(2)'s phrase ``less than 
3 provisions of paragraph (b) or (c) of this section'' appears to be in 
error and should be corrected.
    Response: This portion of Sec.  67.25-10(a)(2) in the CFR is indeed 
in error. With the exception of changing ``fog signal'' to ``sound 
signal,'' paragraph (a)(2) should read the same as it did in the final 
rule published in the Federal Register July 8, 1972, (37 FR 13512, 
13513): ``Operate the fog signal when the visibility in any direction 
is less than 3 miles, unless the District Commander establishes a 
greater or lesser distance of visibility, not to exceed 5 miles, under 
the provisions of paragraph (b) or (c) of this section.'' We have 
included this amendatory instruction in our final rule.
    Comment 15. The Coast Guard should remove the term ``nun buoy'' 
from its regulations and internal policies and procedures because, the 
term is not only ``gender-specific,'' but also it has religious 
implications. These buoys are also commonly referred to as ``conical 
buoys'' and, in some regions, have historically been referred to as 
``nut buoys.''
    Response: Though we do seek to eliminate references in our rules to 
one gender to the exclusion of the other, this change would create 
problems for the boating public. We use the term ``nun'' to refer to 
tapered, conical-shaped buoys because they appear, to some, to resemble 
a nun's habit. This term has long been associated with such buoys both 
domestically and internationally. Unlike changing ``his'' to ``his or 
her'' in a rule, this request would require changes to nautical 
charts--can (cylindrical) buoys are indicated on charts by the letter 
``c'' and ``nun'' buoys by the letter ``n''. Changing ``nun'' to 
``conical'' would remove a means of identifying the aid as charted, and 
the term ``nut buoy'' is not commonly known.

Changes Not Related to Comments

    In addition to revisions based on comments from the public, we made 
a few other changes. We changed our references to the National Imagery 
and Mapping Agency in notes to Sec. Sec.  72.01-10 and 72.05-10 to 
reflect that agency's new name: the National Geospatial-Intelligence 
Agency. We also updated the citations for parts 62, 66, 67, and 72.

Regulatory Evaluation

    This 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will update technical information to reflect current 
practices and to rewrite some sections for clarity.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Dan Andrusiak, Project Manager, Office of 
Short-Range Aids to Navigation (OPN), Coast Guard, telephone 202-267-
0327 (e-mail: [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).
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking.
    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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). You are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

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 rule under that Order and have determined 
that it does not have implications for federalism.

[[Page 24982]]

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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(a), of the Instruction, from further environmental 
documentation because it is editorial in nature--updating rules to 
reflect current practices, and to make them both gender-neutral and 
easier to understand. An ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are 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 amends 
33 CFR parts 62, 66, 67, and 72 as follows:

PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  62.39  [Removed]

0
2. Remove Sec.  62.39.


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

0
3. Remove and reserve subpart C, consisting of Sec. Sec.  62.55 through 
62.61.

0
4. In Sec.  62.65, revise paragraph (c)(2) to read as follows:


Sec.  62.65  Procedures for reporting defects and discrepancies.

* * * * *
    (c) * * *
    (2) Telephone, e-mail, or facsimile messages may also be used to 
advise the nearest Coast Guard unit of defects or discrepancies in aids 
to navigation.

PART 66--PRIVATE AIDS TO NAVIGATION

0
5. The authority citation for part 66 is revised to read as follows:

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-
296, 116 Stat. 2135; Department of Homeland Security Delegation No. 
0170.1.


Sec.  66.01-5  [Amended]

0
6. In Sec.  66.01-5(g), remove the word ``fog,'' and add in its place, 
the word ``sound.''


Sec.  66.05-10  [Amended]

0
7. In Sec.  66.05-10--
0
a. In paragraph (c), wherever the word ``his'' appears, remove it; and
0
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.''
0
8. Revise 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.

0
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]

0
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]

0
11. In Sec.  66.10-15--
0
a. In paragraph (b), in the third sentence remove the word ``a'' before 
``navigation''.
0
b. In paragraphs (b) and (c), in the last sentence, remove the word 
``he'' and add, in its place, the words ``the user'',

[[Page 24983]]

0
c. 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

0
12. The authority citation for part 67 is revised to read as follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.1.

PART 67--[Amended]

0
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);
    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).

PART 67--[Amended]

0
14. In part 67, immediately before the word ``range'', add the word 
``rated'' in the following places:
    a. Section 67.10-1(c).
    b. Section 67.10-5(a).
    c. Section 67.10-10(a)(3).
    d. Section 67.10-25(a)(3).
    e. Section 67.20-10(a)(1).
    f. Section 67.25-10(a)(1), (a)(1)(i), (b).
    g. Section 67.30-10(b).


Sec.  67.01-5  [Amended]

0
15. Amend Sec.  67.01-5(a) by adding the words ``Mobile Offshore 
Drilling Units (MODUs) when attached to the bottom,'' immediately after 
the words ``all drilling platforms,''.

0
16. Revise 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.

0
17. Revise 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.

0
18. Revise 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]

0
19. 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]

0
20. In addition to amendments set forth in the nomenclature instruction 
above, in Sec.  67.10-10, in paragraph (a)(3), remove the third word 
(``fog'').


Sec.  67.10-25  [Amended]

0
21. In Sec.  67.10-25--
0
a. Amend paragraph (a)(1), by removing ``His'' and adding, in its 
place, ``Requestor's''.
0
b. Amend (b) by adding the words ``travel and per diem'' after the 
words ``including all''.

0
22. Revise 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.

0
23. Revise Sec.  67.15-10 to read as follows:


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

    (a) All submerged spoil banks, or artificial islands resulting from 
the dredging of private channels, laying of pipelines, or any other 
private operation, and all privately dredged channels which, in the 
judgment of the

[[Page 24984]]

District Commander are required to be marked by aids to navigation, 
shall be marked by private aids to navigation conforming to the 
standard United States system of aids to navigation characteristics 
described in subpart B of part 62 of this subchapter.
    (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.


Sec.  67.20-5  [Amended]

0
24. In Sec.  67.20-5, remove the words ``specified in Sec.  67.05-
1(f)'', and add, in their place, the words ``governed by the 
requirement in Sec.  67.05-1(f) that mariners be able to see at least 
one of the lights, regardless of the angle of approach, until within 50 
feet of the structure, visibility permitting''.


Sec.  67.20-10  [Amended]

0
25. In Sec.  67.20-10, in paragraph (b), add the words ``or she'' 
immediately after the words ``of this section if he ''.


Sec.  67.25-10  [Amended]

0
26. In Sec.  67.25-10--
0
a. Amend paragraph (a)(2), by removing the words ``in any direction is 
less than 3'', and adding, in their place, the words ``, not to exceed 
5 miles, under the''.
0
b. 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]

0
27. 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]

0
28. 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]

0
29. In Sec.  67.40-5--
0
a. In paragraph (a), add the words ``or her'' immediately after the 
words ``whenever, in his '', and
0
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 ''.


Sec. Sec.  67.50-5, 67.50-15, 67.50-20, 67.50-30, 67.50-35, 67.50-45, 
and 67.50-50  [Amended]

0
30. 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.''

PART 72--MARINE INFORMATION

0
31. The authority citation for part 72 is revised to read as follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.1.

0
32. 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 Center's Web site (http://www.navcen.uscg.gov/[deg]); 
look for ``Local Notice to Mariners''.


0
33. 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 Geospatial-Intelligence Agency's Web site 
(http://pollux.nss.nima.mil); look for ``U.S. Notice to Mariners''.



0
34. 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 Geospatial-Intelligence 
Agency's Web site: (http://pollux.nss.nima.mil/pubs/USCGLL/pubs_j_uscgll_list.html).


    Dated: February 25, 2004.
Jeffrey J. Hathaway,
Rear Admiral, U.S. Coast Guard, Acting Assistant Commandant for 
Operations.
[FR Doc. 04-9908 Filed 5-4-04; 8:45 am]
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