33570 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

shall be determined by the district

director under all the facts and

circumstances.

(4) Definition of intentional disregard.

If the transferor fails to qualify for the

exception under paragraph (f)(3) of this

section and if the taxpayer knew of the

rule or regulation that was disregarded,

the failure will be considered an

intentional disregard of section 6038B,

and the monetary penalty under

paragraph (f)(1)(ii) of this section will

not be limited to $100,000. See

§ 1.6662–3(b)(2).

(g) Effective date. This section applies

to transfers occurring on or after July 20,

1998. See § 1.6038B–1T for transfers

occurring prior to July 20, 1998.

Par. 10. Section 1.6038B–1T is

amended as follows:

1. The section heading is revised.

2. Paragraphs (a) through (b)(2) are

revised.

3. Paragraph (b)(3) is redesignated as

paragraph (b)(4).

4. New paragraph (b)(3) is added and

reserved.

5. Paragraph (c) introductory text is

revised and paragraph (c)(6) is added.

6. Paragraph (f) is revised.

7. Paragraph (g) is added.

The revisions and additions read as

follows:

§ 1.6038B–1T Reporting of certain

transactions (temporary).

(a) through (b)(2) [Reserved]. For

further guidance, see § 1.6038B–1(a)

through (b)(2).

(b)(3) [Reserved].

* * * * *

(c) Introductory text [Reserved]. For

further guidance, see § 1.6038B–1(c).

* * * * *

(6) [Reserved]. For further guidance,

see § 1.6038B–1(c)(6).

* * * * *

(f) [Reserved]. For further guidance,

see § 1.6038B–1(f).

(g) Effective date. This section applies

to transfers occurring after December 31,

1984, except paragraph (e)(1) applies to

transfers occurring on or after

September 13, 1996. See § 1.6038B–

1T(a) through (b)(2), (c) introductory

text, and (f) (26 CFR part 1, revised

April 1, 1998) for transfers occurring

prior to July 20, 1998. See § 1.6038B–1

for transfers occurring on or after July

20, 1998.

PART 7—TEMPORARY INCOME TAX

REGULATIONS UNDER THE TAX

REFORM ACT OF 1976

Par. 11. The authority citation for part

7 continues to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

Par. 12. Section 7.367(b)–1 is

amended as follows:

1. Paragraphs (a) and (c)(1) are

revised.

2. The authority citation at the end of

the section is removed.

The revisions read as follows:

§ 7.367(b)–1 Other transfers.

(a) [Reserved] For guidance relating to

transfers occurring on or after July 20,

1998, see § 1.367(b)–1(a) of this chapter.

* * * * *

(c)(1) [Reserved] For guidance relating

to transfers occurring on or after July 20,

1998, see § 1.367(b)–1(c) of this chapter.

* * * * *

Par. 13. Section 7.367(b)–4 is

amended as follows:

1. Paragraphs (a) and (b) are revised.

2. The authority citation at the end of

the section is removed.

The revision reads as follows:

§ 7.367(b)–4 Certain changes described in

more than one Code provision.

(a) and (b) [Reserved]. For guidance

relating to transfers occurring on or after

July 20, 1998, see § 1.367(b)–4(a) and (b)

of this chapter.

* * * * *

Par 14. Section 7.367(b)–7 is amended

as follows:

1. Paragraph (a) is revised.

2. The authority citation at the end of

the section is removed.

The revision reads as follows:

§ 7.367(b)–7 Exchange of stock described

in section 354.

* * * * *

(a) [Reserved] For guidance relating to

transfers occurring on or after July 20,

1998, see § 1.367(b)–7(a) of this chapter.

* * * * *

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par 15. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par 16. In § 602.101, paragraph (c) is

amended by:

1. Removing the following entry from

the table:

CFR part or section where

identified and described

Current

OMB control No.

* * * * *

1.367(a)–3T .............................. 1545–0026

* * * * *

2. Adding the following entry to the

table in numerical order to read as

follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where

identified and described

Current

OMB control No.

* * * * *

1.367(a)–8 ................................. 1545–1271

* * * * *

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

Approved: May 13, 1998.

Donald C. Lubick,

Assistant Secretary of the Treasury.

[FR Doc. 98–15454 Filed 6–18–98; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 62 and 66

[USCG 97–3112; CGD 97–018]

RIN 2115–AF45

Merger of the Uniform States Waterway

Marking System With the United States

Aids to Navigation

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard commences

a five year phased-in merger of the

Uniform State Waterway Marking

System with the United States Aids to

Navigation System. This merger

eliminates distinctions between the two

systems and creates safer, less confusing

waterways.

DATES: This final rule is effective July

20, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the Docket

Management Facility, [USCG–97–3112],

U.S. Department of Transportation,

room PL–401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

FOR FURTHER INFORMATION CONTACT:

For questions on this rule contact Dan

Andrusiak, OPN–2 Short Range Aids to

Navigation Division, USCG

Headquarters, telephone (202) 267–

0327, For questions on viewing material

in the docket, contact Carol Kelley,

Coast Guard Dockets Team Leader, or
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33571

Paulette Twine, Chief Documentary

Services Division, U.S. Department of

Transportation, telephone (202) 366–

9329.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 23, 1997, the Coast

Guard published a notice of proposed

rulemaking entitled ‘‘Merger of the

Uniform State Waterway Marking

System and the United States Aids to

Navigation System’’ in the Federal

Register (62 FR 67031). The Coast Guard

received five letters commenting on the

proposed rulemaking. No public hearing

was requested, and none was held.

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 62.02–25, 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

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. A

comparison of these two systems

showed that almost all of the

requirements of the USWMS are

contained in the USATONS.

The major differences between the

two systems are:

1. The USMWS has the additional

requirement of orange bands on

regulatory buoys;

2. The USWMS allows for lights on

mooring buoys whereas the USATONS

is silent; and,

3. The USWMS uses the cardinal

system to mark obstructions and the

USATONS uses the lateral System of

marking obstructions.

Discussion of Comments and Changes

One comment suggested that in

§§ 62.1(b)(2), 62.21(a), 66.05–1, 66.05–

5(b), and 66.05–20 (c)(3) the wording

‘‘insert date five years from the date of

publication in the Federal Register of

the final rule’’ be changed to ‘‘December

31, 2003’’. The Coast Guard agrees with

this suggestion, and will also change

§ 66.10–1.

One comment suggested that in

§ 62.33(b) the Coast Guard delete ‘‘of

international orange’’ from the first

sentence. The Coast Guard concurs and

has changed § 62.33(b). This change

eliminates potential confusion from a

belief that two different shades of

orange are required.

One comment suggested that in

§ 62.33(b) in the second sentence,

change ‘‘at the top’’ to ‘‘near the top.’’

The Coast Guard agrees with this

suggestion because an orange band at

the very top of a buoy would cease to

be a band but would result in a buoy

with an orange top.

One comment suggested the Coast

Guard not add the lighting requirements

for mooring buoys to § 62.35, but to

§ 62.45(d)(6), which prescribes the light

rhythm requirements. The Coast Guard

agrees.

One comment suggested that in

§ 62.54 the wording be changed to be

less ambiguous. Specifically the

comment suggested that § 62.54 read

‘‘Succinct, concise ownership

identification which does not

compromise signal effectiveness is

permitted on aids to navigation.’’ The

Coast Guard disagrees with the

suggested wording. Historically,

ownership identification on private or

State aids to navigation has not been a

problem. Additionally, the Coast Guard

does not desire at this time to expand

the authority for ownership markings to

Federal aids to navigation.

Another comment suggested that the

reference to the ‘‘second category’’ in

paragraph 66.10–15(a) be removed and

this paragraph changed to read

‘‘USWMS aids to navigation may have

lateral or cardinal meaning.’’ The Coast

Guard agrees, The ‘‘first category’’ of

USWMS aids was regulatory markers

discussed in § 66.10–5. This section is

removed since equivalent regulatory

marks exist in § 62.33. Therefore,

because no ‘‘first category’’ exists,

discussion of a ‘‘second category’’ may

be confusing.

One comment expressed concern over

the change in definition of the red and

white striped buoy, because this would

eliminate an aid which provides the

mariner specific information ‘‘not to

pass between the buoy and the nearest

shore’’. The comment also stated that in

an area where it is hard to determine the

head of navigation, the use of side

marks would be impracticable. The

comment suggested the creation of a

black and white vertically striped buoy

available for use on Inland Waters, with

the meaning ‘‘do not pass between the

buoy and the nearest shore’’. The Coast

Guard agrees. A new section has been

added that allows the use of a black and

white striped buoy on Inland waters,

where the head of navigation is hard to

define, which warns mariners not to

pass between the buoy and the nearest

shore. Further, to avoid confusion,

USWMS red and white striped

obstruction buoys under § 66.10–

15(e)(3) will not be permitted to exist on

a body of water for which the new

USATONS black and white vertically

striped buoy is used.

Another comment suggested that once

the regulations from the two systems are

merged, proper training must be given

to all users. The Coast Guard agrees, and

will provide education and outreach

information regarding the merger of

these two systems through the office of

Boating Safety website

(www.uscgboating.org) and through the

Coast Guard Customer Information Line

at 1–800–368–5647. Additionally, the

Coast Guard expects that the various

State Boating Law Administrators will

modify existing educational materials to

reflect the changes.

One comment suggested that in

addition to changing the meaning of the

red and white striped buoy, the Coast

Guard also change the shape of this aid.

The USATONS requires the red and

white safe water mark to be spherical or

display spherical top mark. This is the

requirement for all newly established

safe water marks and for all safe water

marks at the end of the phase-in period.

One comment suggested that the costs

associated with this change would

impose a monetary burden on the states

currently using USWMS. The

replacement of USWMS aids is linked to

the aid’s lifecycle. Since, the existing

aids will need replacement during the

phase-in period, no additional costs

should be incurred. Also, most existing

educational materials will need to be

replaced during this five year phase-in

period. Further, through training and

education the Coast Guard believes any
33572 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

confusion from the existence of the two

systems on one waterway to be minimal.

Discussion of Rule

Regulatory and Informational

Markers: The USATONS provides a

system for information and 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 near the top of the buoy. The Coast

Guard amends 33 CFR 62.33 to add the

USWMS requirement of two horizontal

orange bands to the USATONS.

Channel markers: The USWMS black

buoy will be replaced, via a phased-in

process, with the green buoy required

by the USATONS. The phase-in process

avoids unnecessary replacement costs to

the states.

Red and white striped buoy: The

meaning of the red and white striped

buoy changes from the USWMS ‘‘do not

pass between the buoy and nearest

shore’’ to the USATONS ‘‘safewater all

around.’’ Obstructions marked with the

USWMS red and white striped buoy can

be marked, via a phased-in process,

with the USATONS’ sidemark

prescribed in 33 CFR 62.25(b), with an

isolated danger mark prescribed in 33

CFR 62.29, or with the new black and

white striped buoy prescribed in 33 CFR

62.32.

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 can 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), or

with an isolated danger mark prescribed

in 33 CFR 62.29, or with the new black

and white striped buoy prescribed in 33

CFR 62.32.

Mooring buoys: Unlike the USWMS,

the USATONS is silent on prescribing

lights on mooring buoys. The Coast

Guard amends 33 CFR 62.45 to

incorporate mooring buoys, allowing

white lights of various rhythms.

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 does not affect numbers, letters,

or words on marks.

Reflectors and retroeflective 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 does 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 does 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 inserted 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 adds a

section to the USATONS stating

language to this effect.

Changes to 33 CFR Subpart 66.05

The merging of the USWMS with the

USATONS requires conforming

editorial corrections to Subpart 66.05

entitled, ‘‘State Aids to Navigation,’’ to

reflect the new rules.

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 removed because the

provisions of these sections are

contained in the USATONS, or are

being inserted into the USATONS.

The only sections remaining in

subpart 66.10 are 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

December 31, 2003.

General, § 66.10–1: This section is

revised to reflect the merger of the two

systems, the implementation date, and

to remove references to deleted sections.

Aids to Navigation, § 66.10–15: This

section provides information concerning

the marking of channels and the

cardinal system of marking, and as such

remains until the end of the phase-in

period.

Regulatory Evaluation

This rule 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 rule 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, linked to the

aid’s lifecycle, 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 USATONS 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.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considers whether this rule will have a

significant impact on a substantial

number of small entities. ‘‘Small

entities’’ include small businesses, notfor-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 and will not directly

impact small entities. Therefore, the

Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a

significant economic impact on a

substantial number of small entities.

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 offered to

assist small entities in understanding

this rule so that they can better evaluate

its effects on them and participate in the

rulemaking process.

If 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.
Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33573

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (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 rule

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

rule does not affect the states ability to

prescribe regulations for its own

internal non-navigable waters.

Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), (Pub. L.

104–4, 109 Stat. 48), requires Federal

agencies to access the effects of certain

regulatory actions on State, local, and

tribal governments, and the private

sector. UMRA requires a written

statement of economic and regulatory

alternatives for proposed and final rules

that contain any Federal mandates. A

‘‘Federal mandate’’ is a new or

additional enforceable duty, imposed on

any State, local, or tribal government, or

the private sector. If any Federal

mandate causes those entities, to spend

in aggregate, $100 million or more in

any one year the UMRA analysis is

required. This rule does not impose

Federal mandates on any State, local or

tribal governments or the private sector.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under figure 2–1,

paragraph 34(a) and (i) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. Merging

the USWMS with the USATONS has 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 amends 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.

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)(1) * * *

(2) The regulations found in 33 CFR

subpart 66.10 expire on December 31,

2003, 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 December 31, 2003,’’.

4. Add § 62.32 to subpart B to read as

follows:

§ 62.32 Inland waters obstruction mark.

(a) On inland waters designated by

the Commandant as State waters in

accordance with § 66.05–5 of this

chapter and on non-navigable internal

waters of a State which have no defined

head of navigation, a buoy showing

alternate vertical black and white stripes

may be used to indicate to a vessel

operator that an obstruction to

navigation extends from the nearest

shore to the buoy.

(b) The black and white buoy’s

meaning is ‘‘do not pass between the

buoy and the shore’’. The number of

white and black stripes is discretionary,

provided that the white stripes are twice

the width of the black stripes. Prior to

December 31, 2003, this aid shall not be

used on a waterway which has a red and

white striped obstruction marker

defined in § 66.10–15(e)(3) of this

chapter, unless all obstruction markers

are replaced.

5. 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 placed completely around the

buoy circumference. One band shall be

near 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.

6, In § 62.45, revise paragraph (d)(6) to

read as follows:

§ 62.34 Light characteristics.

* * * * *

(d) * * *

(6) Mooring Buoys and Information

and Regulatory Marks display white

lights of various rhythms.

* * * * *

7. Add § 62.54 to subpart 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

8. 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]

9. In § 66.01–10 remove paragraph (b)

and remove the paragraph designation

(a).

10. 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 on the

provisions of subpart 66.10, which are

valid until December 31, 2003, aids to

navigation must be in accordance with

the United States Aids to Navigation

System in part 62 of this subchapter.

11. 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.

Subpart 66.10, which describes the

USWMS, expires on December 31, 2003.

* * * * *

§ 66.05–20 [Amended]

12. In § 66.05–20(c)(3) add to the

beginning of the paragraph the words ‘‘If

prior to December 31, 2003,’’ and

uncapitalize the word ‘‘Specification’’.
33574 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

13. Revise § 66.10–1 to read as

follows:

§ 66.10–1 General.

(a) Until December 31, 2003, 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 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]

14. Remove § 66.10–5.

§ 66.10–10 [Removed]

15. Remove § 66.10–10.

16. In § 66.10–15 revise paragraph (a)

to read as follows:

§ 66.19–15 Aids to navigation.

(a) USWMS aids to navigation may

have lateral or cardinal meaning.

* * * * *

§ 66.10–20 [Removed]

17. Remove § 66.10–20.

§ 66.10–25 [Removed]

18. Remove § 66.10–25.

§ 66.10–30 [Removed]

19. Remove § 66.10–30.

20. Revise § 66.10–35 to read as

follows:

§ 66.10–35 Navigation lights.

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 other

buoys. When a light is used on a

cardinal system buoy or a vertically

striped white and red buoy, it shall

always be quick flashing.

§ 66.10–40 [Removed]

21. Remove § 66.10–40.

§ 66.10–45. [Removed]

22. Remove § 66.10–45.

Dated: June 11, 1998.

Ernest R. Riutta,

Assistant Commandant for Operations.

[FR Doc. 98–16242 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08–98–037]

RIN 2115–AE46

Special Local Regulations: EZ

Challenge Speed Boat Race, Ohio

River, Beech Bottom, West Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the EZ Challenge

Speed Boat Race. This event will be

held on Saturday and Sunday, July 4

and 5, 1998, between 9:30 a.m. and 6:30

p.m. Eastern Standard Time (EST) on

the Ohio River. These regulations are

needed to provide for the safety of life

on navigable waters during the event.

DATES: These regulations become

effective at 9:30 a.m. and terminate at

6:30 p.m. EST on July 4 and 5, 1998.

FOR FURTHER INFORMATION CONTACT:

LT Ted Ferring, Coast Guard Marine

Safety Office, Pittsburgh, PA at (412)

644–5808.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are LT

Ted Ferring, Project Officer, Coast

Guard Marine Safety Office, Pittsburgh

and LTJG Michele Woodruff, Project

Attorney, Eighth Coast Guard District

Legal Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been published for this regulation and

good cause exists for making it effective

in less than 30 days from the date of

publication in the Federal Register.

Following normal rulemaking

procedures would have been

impracticable. The application to hold

the event was not received with

sufficient time remaining to publish

proposed rules in advance of the event

or to provide for a delay effective date.

Background and Purpose

The marine event requiring this

regulation is a powered boat race called

the ‘‘EZ Challenge Speed Boat Race.’’

This event is sponsored by Beech

Bottom Marina. It will consist of

approximately 20 participants operating

at high speeds. Also, 50–100 spectator

craft are expected for this event. The

speed boat race will occur near Beech

Bottom, West Virginia on the Ohio

River. The resulting congestion of

navigable channels creates an extra and

unusual hazard in the navigable waters.

Regulatory Evaluation

This rule 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 the

order. It has been exempted from review

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary, as this regulation

will be in effect for approximately

eighteen hours in a limited area of the

Ohio River.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic 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

field, and governmental jurisdictions

with populations of less than 50,000.

Therefore, the Coast Guard certifies

under section 605(b) that this rule will

not have a significant effect upon a

substantial number of small entities,

because the regulation is in effect for

approximately eighteen hours in a

limited part of the Ohio River.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action

consistent with section 2–1, paragraph

(34)(h), Commandant Instruction

M16475.1C, this rule is categorically

excluded from further environmental

documentation.