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

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)

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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]

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