[Federal Register: May 14, 2003 (Volume 68, Number 93)]
[Proposed Rules]
[Page 25855-25859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my03-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 62, 66, 67, and 72
[USCG-2001-10714]
RIN 1625-AA34 (Formerly RIN 2115-AG25)
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise 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. The
proposed changes would update existing rules to reflect current
practices and make them easier to understand.
DATES: Comments and related material must reach the Docket Management
Facility on or before August 12, 2003.
ADDRESSES: To make sure that your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG-2001-10714),
U.S. Department of Transportation, room PL-401, 400 Seventh Street,
SW., Washington, DC 20590-0001.
(2) By delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 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 proposed
rule, contact Mr. Dan Andrusiak, Project Manager, Program Management
Division, Office of Short-Range Aids to Navigation (G-OPN), Coast
Guard, telephone 202-267-0327 (email: dandrusiak@comdt.uscg.mil).
If you have questions on viewing or submitting material to the
docket, call Ms. Dorothy Beard, Chief, Dockets, Department of
Transportation, telephone 202-366-5149.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-2001-
10714), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, hand delivery, fax, or electronic
means to the Docket Management Facility at the address under ADDRESSES;
but please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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 certain safety information, such as ``Notice to Mariners'' can now
be found on the World Wide Web. Therefore, the Assistant Commandant for
Operations proposes to update our aids to navigation rules and to
eliminate any ambiguous or confusing language in them.
Discussion of Proposed Rule
The regulations we propose to revise are in 33 CFR parts 62, 66, 67
and 72. Our discussion of our proposed revisions are presented below
under the four corresponding subject area headings: United States Aids
to Navigation System, Private Aids to Navigation, Aids to Navigation on
Artificial Islands and Fixed Structures, and Marine Information.
[[Page 25856]]
United States Aids to Navigation System
Large navigational buoys. We propose to remove Sec. 62.39 because
the Coast Guard no longer uses the large navigational buoys described
in that section. We now use the Differential Global Positioning System
(DGPS) for navigational assistance.
Maritime radiobeacon system. We propose to remove subpart C
(Maritime Radiobeacons) of 33 CFR part 62. The sections in it,
Sec. Sec. 62.55, 62.57, 62.59, and 62.61, describe a radiobeacon
system that has been replaced by DGPS.
Procedures for reporting defects and discrepancies. We propose to
revise Sec. 62.65(c)(2) by removing the last sentence that allows the
use of collect calls. Because there are so many ways to reach the Coast
Guard, this collect call option is no longer necessary.
Private Aids to Navigation
Application procedure. In Sec. 66.01-5(g) we propose to remove the
term ``fog signals'' and add, in its place, the term ``sound signals''
to reflect current usage. These signals alert operators to many
environmental conditions besides fog that reduce visibility--for
example, mist, rain, falling snow, smoke, and dust.
State waters for private aids to navigation; designations;
revisions, and revocations. We propose to make the language in Sec.
66.05-10 gender-neutral.
Change and modification of State aids to navigation. We propose to
make the language in Sec. 66.05-25 gender-neutral. We also propose to
remove the word ``preferably'' to give a definitive deadline for the
State Administrator to inform the District Commander of the need for a
change in the State aids to navigation.
Notice to Mariners. We propose to make Sec. 66.05-30 gender-
neutral.
Designation of navigable waters as State waters for private aids to
navigation. In Sec. 66.05-100(e), for clarity, we propose to change
the reference to ``Each navigable water'' to simply ``Navigable
waters''.
Uniform State waterway aids to navigation. In Sec. 66.10-15, we
propose to make paragraphs (b), (c), (e)(1), and (e)(3) gender-neutral.
And we propose to remove the editorial note for Sec. 66.10-15. This
note points out that the heading of amendatory instruction no. 16 at 63
FR 33574, June 19, 1998, referred to a non-existent Sec. 66.19-15; the
heading should have read ``Sec. 66.10-15 Aids to navigation.'' This
NPRM serves to document that error and eliminate the need for
maintaining this distracting note in the CFR.
Aids to Navigation on Artificial Islands and Fixed Structures
Throughout 33 CFR part 67, we propose to replace the term ``fog
signals'' with ``sound signals'' to reflect current usage. These
signals alert operators to many environmental conditions, not just fog.
General requirements. We propose to make Sec. Sec. 67.01-10,
67.01-15, 67.01-20, and 67.05-1 gender-neutral. In addition, we
proposed to revise the first three of these sections to clarify the
roles of agency personnel.
Classification of structures. As part of our proposed clarification
of Sec. 67.01-15, classification of structures, we plan to consolidate
common language repeated in six district regulations in subpart 67.50
into this one section applicable to all of part 67. By moving this
commonly-shared classification of structures language to Sec. 67.01-
15, we will be able to delete this repetitive language from Sec. Sec.
67.50-5, 67.50-15, 67.50-20, 67.50-30, 67.50-45, and 67.50-50.
Lights and signals on attendant vessels. We propose to revise Sec.
67.15-1 by correcting a U.S. Code citation and adding new authority
references.
Spoil Banks, artificial islands, and dredged channels marking
requirements. We propose to revise Sec. 67.15-10(b) to establish that
the District Commander would both review applications and issue
permits.
Class A and B requirements. We propose to make the language in
Sec. Sec. 67.20-10 and 67.25-10 gender-neutral and to change the term
``fog signal'' to ``sound signal''.
Obstruction lights. We propose to revise Sec. 67.30-5(a) to
replace an old address with a current one.
Fog Signals. We propose to revise Sec. 67.30-10, including its
heading, to change the term ``fog signal'' to ``sound signal''.
Notification to District Commander. We propose to make the language
in Sec. 67.40-1 gender-neutral. We also propose to allow those
constructing structures an additional means of notifying the District
Commander that construction has commenced. We currently require notice
by telegram. We propose to add the option of notification via overnight
mail.
Notification waivers. We propose to make the language in Sec.
67.40-5 gender-neutral.
Charges for marking structures invoiced to owner. We propose to
revise Sec. 67.40-20 to change the term ``fog signal'' to ``sound
signal''.
Marine Information
Local Notice to Mariners. We propose to add a note to Sec. 72.01-5
to inform the reader of a Web address where an electronic version of
``Local Notice to Mariners'' can be located.
Notice to Mariners. We propose to add a Web address note to Sec.
72.01-10 to inform the reader where an electronic version of ``Notice
to Mariners'' can be located.
Free distribution of Light List. We propose to add a note to Sec.
72.05-10 to inform the reader of a Web address where an electronic
version of Coast Guard Light List data may be obtained.
Regulatory Evaluation
This proposed 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 (DHS).
Cost of Rule. The proposed rule would impose no costs either on
owners and operators of aids to navigation or on owners and operators
of vessels on waters subject to the jurisdiction of the United States.
Some owners and operators, however, may need to update contact
information in their files, which is a normal business practice and
therefore the cost is negligible.
Benefits of the Rule. The proposed rule would update various
technical references to incorporate improvements in technology and
practices. The rule would also rewrite some sections to make them
easier to understand and to reflect gender-neutral language. We expect
that this proposed rule would improve operational efficiency and
boater's safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed rule would update technical information to
reflect current practices and to rewrite some sections for clarity.
[[Page 25857]]
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Dan Andrusiak, Program
Management Division, Office of Aids to Navigation, Coast Guard,
telephone 202-267-0327 (email: dandrusiak@comdt.uscg.mil).
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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded under figure 2-1, paragraph (34)(a), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is 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 proposes
to amend 33 CFR parts 62, 66, 67, and 72 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;
Department of Homeland Security Delegation No. 0170.
Sec. 62.39 [Removed]
2. Remove Sec. 62.39.
Sec. Sec. 62.55-62.61 (Subpart C) [Removed and Reserved]
3. Remove and reserve subpart C, consisting of Sec. Sec. 62.55
through 62.61.
Sec. 62.65 [Amended]
4. In Sec. 62.65, in paragraph (c)(2), remove the last sentence.
PART 66--PRIVATE AIDS TO NAVIGATION
5. The authority citation for part 66 continues to read as follows:
Authority: 14 U.S.C. 83, 85; 43 U.S.C. 1333; Pub. L. 107-296,
116 Stat. 2135; Department of Homeland Security Delegation No. 0170.
[[Page 25858]]
Sec. 66.01-5 [Amended]
6. In Sec. 66.01-5(g), remove the word ``fog,'' and add in its
place, the word ``sound.''
Sec. 66.05-10 [Amended]
7. In Sec. 66.05-10--
(a) In paragraph (c), wherever the word ``his'' appears, remove it;
and
(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.''
Sec. 66.06-25 [Amended]
8. Amend 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.
Sec. 66.05-30 [Amended]
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]
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]
11. In Sec. 66.10-15--
a. In paragraphs (b) and (c), in the last sentence, remove the word
``he'' and add, in its place, the words ``the user'',
b. 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
12. The authority citation for part 67 continues to read as
follows:
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.
PART 67--[AMENDED]
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); q
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).
Sec. 67.01-10 [Amended]
14. Amend 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.
Sec. 67.01-15 [Amended]
15. Amend 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.
16. Amend 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]
17. 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]
18. In addition to amendments set forth in the nomenclature
instruction above, in Sec. 67.10-10, remove the third word (``fog'')
in paragraph (a)(3).
[[Page 25859]]
Sec. 67.15-1 [Amended]
19. Amend 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.
Sec. 67.15-10 [Amended]
20. Amend Sec. 67.15-10(b) to read as follows:
Sec. 67.15-10 Spoil banks, artificial islands, and dredged channels.
* * * * *
(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.
21. In addition to amendments set forth in the nomenclature
instruction above, in Sec. 67.20-10, in paragraph (b), add the words
``or she'' immediately after the words ``of this section, if he''.
22. In addition to amendments set forth in the nomenclature
instruction above, in Sec. 67.25-10, 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]
23. 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]
24. In addition to amendments set forth in the nomenclature
instruction above, 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]
25. In addition to amendments set forth in the nomenclature
instruction above, in Sec. 67.40-5--
a. In paragraph (a), add the words ``or her'' immediately after the
words ``whenever, in his'', and
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''.
26. 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.''
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
PART 72--MARINE INFORMATION
27. The authority citation for part 72 continues to read as
follows:
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.
Sec. 72.01-5 [Amended]
28. 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 website (http://www.navcen.uscg.gov/); look for ``Local
Notice to Mariners''.
Sec. 72.01-10 [Amended]
29. 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 Imagery and Mapping Agency website (http://pollux.nss.nima.mil
); look for ``U.S. Notice to Mariners''.
30. 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 Imagery and Mapping Agency
Web site (http://pollux.nss.nima.mil/pubs/USCGLL/pubs_j_uscgll_list.
)
Dated: May 5, 2003.
David S. Belz,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Operations.
[FR Doc. 03-11987 Filed 5-13-03; 8:45 am]
BILLING CODE 4910-15-P