[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Proposed Rules]
[Pages 18349-18350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9922]


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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: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard proposes to reestablish Federal 
jurisdiction over certain waterways in the State of Alabama and expand 
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: Comments must reach the Coast Guard on or before June 15, 1998.

ADDRESSES: You may mail comments to the Docket Management Facility, 
USCG-1998-3604, U.S. Department of Transportation, room PL-401, 400 
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza Level of the Nassif Building at the same 
address between 10 a.m. and 5 p.m., Monday through  Friday,  except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room PL-401, located on the 
Plaza Level of the Nassif Building at the same address between 10 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. You may 
also access this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:
Ms. Paulette Twine, Chief, Documentary Services Division, Department of 
Transportation, telephone (202) 366-9329, for questions on the docket, 
or for questions on this notice contact, Mr. Dan Andrusiak, G-OPN-2 at 
(202) 267-0327.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages you to submit written data, views, or 
arguments. If you submit comments, you should include your name and 
address, identify this notice USCG-1998-3604 and the specific section 
or question in this document to which your comments apply, and give the 
reason for each comment. Please submit one copy of all comments and 
attachments in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing to the DOT Docket Management 
Facility at the address under ADDRESSES. If you want us to acknowledge 
receiving your comments, please enclose a stamped, self-addressed  
postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period.
    The Coast Guard may schedule a public meeting depending on input 
received in response to this notice. You may request a public meeting 
by submitting a request to the address under ADDRESSES. The request 
should include the reasons why a meeting would be beneficial. If the 
Coast Guard determines that a public meeting should be held, it will 
hold the meeting at a time and place announced by a later notice in the 
Federal Register.

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 proposes 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 proposes to 
implement 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 proposes 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.

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 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 
proposed 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 considers whether this rule will have a significant economic 
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 of less than 
50,000. Because it expects the impact of this proposal to be minimal, 
the Coast Guard certifies under 5 U.S.C. 606(b) that the proposal, 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 economic impact on small business. In accordance with 
section 213(a) of the Small

[[Page 18350]]

Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), 
the Coast Guard wants 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 rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under paragraph 2.B.2.e(23) and 
(34)(i) of Commandant Instruction M16475.1B, this proposed rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

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 proposes 
to amend 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: March 27, 1998.
Ernest R. Riutta,
Assistant Commandant for Operations.
[FR Doc. 98-9922 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-15-M