Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67031

person was considered a dependent of

the member or former member; and

(C) Is dependent on the member or

former member for over one-half of the

person’s support; and

(D) Resides with the members or

former member unless separated by the

necessity of military service or to

receive institutional care as a result of

disability or incapacitation; and

(E) Is not a dependent of a member or

former member as described in § 199.3

(b)(2).

Dated: December 15, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–33111 Filed 12–22–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 62 and 66

[USCG 97 3112, CGD 97–018]

RIN 2115–AF45

Merger of the Uniform State Waterways

Marking System With the United States

Aids to Navigation System

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes a

five year phased-in merger of the

Uniform State Waterway Marking

System with the United States Aids to

Navigation System. This proposed

merger would eliminate distinctions

between these two systems and create

safer, less confusing waterways.

DATES: Comments are requested by

February 23, 1998.

ADDRESSES: You may mail comments to

the Docket Management Facility,

[USCG–97–3112], 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, and documents

as indicated in this preamble, 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 above

address between 9:30 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Paulette Twine, Chief, Documentary

Services Division, U.S. Department of

Transportation, telephone (202) 366–

9329 or Dan Andrusiak, Short Range

Aids to Navigation Division, USCG

Headquarters, Telephone: (202) 267–

0327.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages your

participation in this rulemaking by the

submission of written data, views, or

arguments. Your comments should

include your name and address, and

identify this rulemaking [USCG–97–

3112] and the specific section of this

notice of proposed rulemaking to which

each comment applies, along with the

reason for each comment. Please submit

two copies of all comments and

attachments in an unbound format, no

larger than 81⁄2 by 11 inches, suitable for

copying and electronic filing to the DOT

Docket Management Facility at the

address under ADDRESSES. If you want

acknowledgment of receipt of your

comment, enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period and may change this proposed

rule in view of the comments.

The Coast Guard plans no public

hearing. You may request a public

hearing by submitting a request to the

address under ADDRESSES. The request

should include the reasons a hearing

would be beneficial. If the Coast Guard

determines that the opportunity for oral

presentations will aid this rulemaking,

it will hold a public hearing at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The Uniform State Waterways

Marking System (USWMS), 33 CFR

66.10, prescribes regulatory markers and

aids to navigation that may mark

navigable waters that the Commandant

designates as state waters in accordance

with 33 CFR 66.05–5. The USWMS may

also mark the non-navigable internal

waters of a state.

The United States Aids to Navigation

System (USATONS), 33 CFR 62,

prescribes regulatory markers and aids

to navigation that mark navigable waters

of the United States. Navigable waters,

defined by 33 CFR 2.02–25, include

territorial seas and internal waters that

have been or can be used for interstate

commerce, either by themselves or in

connection with other waterways.

Section 66.10–1(b), allows the use of

USATONS on state and non-navigable

internal waters, and many states already

use the USATONS instead of the

USWMS.

In 1992, the National Association of

State Boating Law Administrators

(NASBLA) passed a resolution

requesting that the Coast Guard:

1. Change the meaning of the red and

white striped buoy from the USWMS

meaning of obstruction to the

USATONS meaning of safewater;

2. Change the black USWMS buoy to

the green USATONS buoy, and

3. Use a phased-in implementation

period for these changes.

NASBLA requested these changes

because they believe the current

USWMS markings, which are different

from the USATONS markings, confuse

boaters and could cause casualties.

In 1993, NASBLA’s Law Enforcement

& Uniform Boating Laws Committee

conducted a survey concerning the

differences between the USWMS and

the USATONS. The survey focused on

the red and white striped buoy and the

green versus black buoy. Of the 42 states

that responded to the survey, 11 states

indicated that they use the red and

white striped buoy as defined by the

USWMS, 15 states indicated that they

use the USWMS’s black buoy, and 35

states indicated that the USWMS should

reflect the same characteristics as the

USATONS.

On December 29, 1995, the Coast

Guard published an advanced notice of

proposed rulemaking (CGD 94–091) (60

FR 67345) to gauge public opinion

toward conforming the USWMS with

the USATONS. On March 27, 1996, a

notice of proposed rulemaking was

published (61 FR 13472) that, among

other things, proposed eliminating the

USWMS. The Coast Guard received

adverse comments from ten states. Many

of the comments stated concerns that

elimination of the USWMS would

eliminate regulatory markers and would

cause the states to bear the costs of

purchasing aids and revising boating

manuals. As a result of these comments,

the Coast Guard removed the proposal

to eliminate the USWMS from the final

rule. The Coast Guard then contacted

the NASBLA and each state that

commented and discussed their

concerns.

Apart from the two distinctions

explained above, a Coast Guard

comparison of the USWMS and the

USATONS showed that almost all of the

requirements of the USWMS are

contained in the USATONS. The

differences between the two systems

are:

1. The USMWS has the additional

requirement of orange bands on

regulatory buoys;
67032 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

2. The USWMS allows for lights on

mooring buoys whereas the USATONS

is silent; and,

3. The USWMS uses the cardinal

system of marking obstructions and the

USATONS uses the lateral system of

marking obstructions.

By adding to the USATONS the

requirement for orange bands on

regulatory buoys, by allowing lights on

mooring buoys, and by allowing a

phased-in implementation period for

the marking of obstructions with the

USATONS lateral system, the two

systems could be merged. The Coast

Guard proposes to make these changes

to the USATONS, provide a five year

phased-in implementation period, and

merge the USWMS into the USATONS.

If, however, you think that a different

phase-in period is necessary, please

submit a comment (see ADDRESSES)

explaining why a different phase-in

period is necessary and a proposed

length for this phase-in period.

Discussion of Proposed Rule

Regulatory and Information Markers

The USATONS provides a system for

regulatory markers nearly identical to

the USWMS. The only USWMS

requirement not prescribed by the

USATONS is that buoys have two

horizontal orange bands, one just above

the water line and one at the top of the

buoy. The Coast Guard proposes to

amend 33 CFR 62.33 to add the USWMS

requirement of two horizontal orange

bands to the USATONS.

Channel Markers

The USWMS black buoy would be

replaced, via a phased-in process, with

the green buoy required by the

USATONS. The phase-in process would

be linked to the aid’s lifecycle to avoid

unnecessary replacement costs to the

states.

Red-and-White Striped Buoy

The meaning of the red-and-white

striped buoy would change from the

USWMS ‘‘do not pass between the buoy

and the nearest shore’’ to the USATONS

‘‘safewater all around.’’ Obstructions

now marked with the USWMS red-andwhite striped buoy could be marked, via

a phase-in process, with the USATONS’

sidemark prescribed in 33 CFR 62.25(b),

or with an isolated danger mark

prescribed in 33 CFR 62.29.

Cardinal Marks

In the USWMS, white buoys with a

red top band mean that the mariner can

pass safely south or west of the buoy,

and white buoys with a black top band

mean that the mariner can pass safely

north or east of the buoy. The

USATONS does not contain cardinal

marks, and areas presently marked with

these USWMS aids could be replaced

with the USATONS isolated danger

mark prescribed in 33 CFR 62.29, or a

side mark prescribed in 33 CFR

62.25(b).

Mooring Buoys

Unlike the USWMS, the USATONS is

silent on prescribing lights on mooring

buoys. The Coast Guard proposes to

amend 33 CFR 62.35 to allow for slow

flashing, white lights on mooring buoys.

Numbers, Letters, or Words on Markers

The guidance in the USATONS, 33

CFR 62.43 (a) & (b), is similar to that in

the USWMS 33 CFR 66.10–25, so the

merging of the two systems would not

affect numbers, letters, or words on

markers.

Reflectors and Retroreflective Materials

The USATONS guidance for the uses

of retroreflective material, 33 CFR

62.43(c), is less restrictive than the

USWMS guidance found in 33 CFR

66.10–30, so the merger would not

require a change in the use of reflectors

or retroflective material.

Navigation Lights

The USATONS requirements for the

use of navigation lights, 33 CFR 62.45,

is similar to that of the USWMS found

in 33 CFR 66.10–35, so the merger

would not affect the use of navigation

lights.

Size, Shape, Material, and Construction

of Markers

No specific guidance for size, shape,

material and construction of markers

exists in the USATONS. The USWMS

wording on these items, found in 33

CFR 66.10–20, is not necessary and is

not proposed for insertion into the

USATONS.

Ownership Identification

The USWMS, in 33 CFR 66.10–40,

allows for the discretionary use of

ownership identification on aids to

navigation. The USATONS does not

prohibit use of ownership identification.

Ownership identification, however,

should not be placed on an aid in a way

that would change the meaning of the

aid to navigation. The Coast Guard

proposes to add a section to the

USATONS starting language to this

effect.

Changes to 33 CFR Subpart 66.05

The merging of the USWMS with the

USATONS would also require

conforming editorial corrections to

Subpart 66.05 entitled, ‘‘State Aids to

Navigation,’’ to reflect the proposed

changes.

Changes to 33 CFR Subpart 66.10

Sections 66.10–5, 66.10–10, 66.10–20,

66.10–25, 66.10–30, 66.10–40, and

66.10–45 are proposed for removal

because the provisions of these sections

are contained in the USATONS, or are

proposed for insertion into the

USATONS.

The only sections that will remain in

subpart 66.10 will be the general

section, the aids to navigation section,

and that portion of the navigation lights

section which refers to lights on

cardinal marks. These sections may be

used until the end of the five year

implementation period.

General, Section 66.10–1

This section will be revised to reflect

the merger of the two systems, the five

year implementation period, and to

remove references to deleted sections.

Aids to Navigation, Section 66.10–15

This section provides information

concerning the marking of channels and

the cardinal system of marking, and as

such will remain until the end of the

phase-in period.

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 11040; February 26, 1979).

The Coast Guard expects the

economic impact of this proposal to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. Merging the

USWMS with the USATONS, via a

phased-in implementation period, will

not impose an increased monetary

burden on the States currently using the

USWMS. There is currently no price

difference between aids with the

USWMS markings and aids with

USATONS markings. Further, because

the replacement of the aid is linked to

its lifecycle, purchase of a USATON aid

is not required until the end of the

USWMS aid’s lifecycle, any additional

costs are eliminated.

Consequently, the Coast Guard

believes that this rulemaking will not

impose any additional costs on the

states. If, however, you believe that this

proposal will have an economic impact,
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67033

please submit a comment (see

ADDRESSES) explaining why you think

this proposal will have economic

impact, and explain any alternatives

you believe would eliminate the

economic impact of this proposal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considers whether this proposal, if

adopted, will have a significant 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 less than 50,000.

The USWMS is a system that

regulates state aids to navigation.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will 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.

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 wants to

assist small entities in understanding

this proposed rule so that they can

better evaluate its effects 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

Mr. Dan Andrusiak, Short Range Aids to

Navigation Division, USCG

Headquarters, Telephone: (202) 267–

0327.

Collection of Information

This proposal contains no increase in

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 that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Pursuant to 14 U.S.C. 85, the Coast

Guard, as delegated by the Secretary,

Department of Transportation, has

responsibility to create all regulations

concerning aids to navigation for all

waters subject to the jurisdiction of the

United States. This proposal does not

affect the states ability to prescribe

regulations for its own internal nonnavigable waters.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under paragraph

2.B.2.e(23), (34)(a), and (34)(i) of

Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation. Merging the USWMS

with the USATONS 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). 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.

§ 62.1 [Amended]

2. In § 62.1, redesignate paragraph (b)

as paragraph (b)(1), and add a paragraph

(b)(2) to read as follows:

§ 62.1 Purpose.

* * * * *

(b) * * *

(2) The regulations found in 33 CFR

subpart 66.10 expire on [Insert date five

years from the date of publication in the

Federal Register of the final rule.], at

which time the provisions of this part

will apply.

* * * * *

§ 62.21 [Amended]

3. In § 62.21(a), add after the words

‘‘The navigable waters of the United

States’’, the words ‘‘, and non-navigable

state waters after [Insert date 5 years

from publication in the Federal Register

of the final rule.],’’

4. In § 62.33, redesignate the

introductory text as paragraph (a),

redesignate existing paragraphs (a)

through (d) as (a)(1) to (a)(4), and add a

new paragraph (b) to read as follows:

§ 62.33 Information and regulatory marks.

* * * * *

(b) When a buoy is used as an

information or regulatory mark it shall

be white with two horizontal orange

bands of international orange placed

completely around the buoy

circumference. One band shall be at the

top of the buoy body, with a second

band placed just above the waterline of

the buoy so that both bands are clearly

visible.

§ 62.35 [Amended]

5. In § 62.35 add the following words

to the end of the text: ‘‘Lighted mooring

buoys may display a slow flashing white

light.’’

6. Add § 62.54 to Supart B to read as

follows:

§ 62.54 Ownership identification.

Ownership identification on private

or state aids to navigation is permitted

so long as it does not change or hinder

an understanding of the meaning of the

aid to navigation.

PART 66—PRIVATE AIDS TO

NAVIGATION

7. 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.

§ 66.01–10 [Amended]

8. In § 66.01–10 delete paragraph (b)

and remove the paragraph designation

(a).

9. Revise § 66,05–1 to read as follows:

§ 66.05–1 Purpose.

The purpose of the regulations in this

subpart is to prescribe the conditions

under which state governments may

regulate aids to navigation owned by

state or local governments, or private

parties. With the exception of the

provisions of subpart 66.10, which are

valid until [Insert date five years from

date of publication in the Federal

Register of the final rule.], aids to

navigation must be in accordance with

the United States Aids to Navigation

System in part 62 of this subchapter.

10. In § 66.05–5, revise the section

heading and paragraph (b) to read as

follows:

§ 66.05–5 Definitions.

* * * * *

(b) The term Uniform State Waterway

Marking System (USWMS) means the

system of private aids to navigation

which may be operated in State waters.
67034 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

Subpart 66.10, which describes the

USWMS, expires on [Insert date five

years from the date of publication in the

Federal Register of the final rule.].

* * * * *

§ 66.05–20(c)(3) [Amended]

11. In § 66.05–20(c)(3) add to the

beginning of the paragraph the words ‘‘If

prior to [Insert date five years from the

date of publication in the Federal

Register of the final rule.],’’ and

uncapitalized the word ‘‘Specification’’.

12. Revise § 66.10–1 to read as

follows:

§ 66.10–1 General.

(a) Until [Insert date five years from

date of publication in the Federal

Register of the final rule.], the Uniform

State Waterway Marking System’s

(USWMS) aids to navigation provisions

for marking channels and obstructions

may be used in those navigable waters

of the U.S. that have been designated as

state waters for private aids to

navigation and in those internal waters

that are non-navigable waters of the U.S.

All other provisions for the use of

regulatory markers and other aids to

navigation shall be in accordance with

the United States Aid to Navigation

System, described in part 62 of this

subchapter.

(b) The USATONS may be used in all

U.S. waters under state jurisdiction,

including non-navigable state waters.

§ 66.10–5 [Removed]

13. Remove § 66.10–5.

§ 66.10–10 [Removed]

14. Remove § 66.10–10.

§ 66.10–20 [Removed]

15. Remove § 66.10–20.

§ 66.10–25 [Removed]

16. Remove § 66.10–25.

§ 66.10–30 [Removed]

17. Remove § 66.10–30.

18. Revise § 66.10–35 to read as

follows:

§ 66.10–35 Navigation lights.

(a) A red light shall only be used on

a solid colored red buoy. A green light

shall only be used on a solid colored

black or a solid colored green buoy.

White lights shall be used for all system

buoy other buoys. When a light is used

on a cardinal or a vertically stripped

white and red buoy it shall always to

quick flashing.

(b) [Reserved]

§ 66.10–40 [Removed]

18. Remove § 66.10–40.

§ 66.10–45 [Removed]

19. Remove § 66.10–45.

Dated: December 17, 1997.

Ernest R. Riutta,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Operations.

[FR Doc. 97–33466 Filed 12–22–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL158b; FRL–5900–4]

Approval and Promulgation of

Implementation Plan; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The USEPA proposes to

approve a revision to the Illinois State

Implementation Plan (SIP) for the

general conformity rules. The general

conformity SIP revisions enable the

State of Illinois to implement the

Federal general conformity

requirements in the nonattainment and

maintenance areas at the State or local

level in accordance with 40 CFR part 93,

subpart B—Determining Conformity of

General Federal Actions to State or

Federal Implementation Plans.

DATES: Written comments on this

proposed action must be received by

January 22, 1998.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch, (AR–18J), USEPA,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590.

Copies of the request and the

USEPA’s analysis are available for

inspection at the following address:

(Please telephone Patricia Morris at

(312) 353–8656 before visiting the

Region 5 office.) USEPA, Region 5, Air

and Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604–

3590.

FOR FURTHER INFORMATION CONTACT:

Patricia Morris (312) 353–8656.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final rule which is located in the Rules

section of this Federal Register.

Authority: 42 U.S.C. 7401 et seq.

Dated: December 5, 1997.

Michelle D. Jordan,

Acting Regional Administrator, Region V.

[FR Doc. 97–33323 Filed 12–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA179–0052b; FRL–5911–3]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, Mojave

Desert Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from

miscellaneous metal parts and products

coating industry. The intended effect of

proposing approval of Mojave Desert Air

Quality Management District Rule 1115

is to regulate emissions of VOCs in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the Final Rules

section of this Federal Register, the EPA

is approving the state’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for this approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by January

22, 1998.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revision is also available for inspection

at the following locations:

Mojave Desert Air Quality Management

District, 15428 Civic Drive, Suite 200,

Victorville, CA 92392