PKR-18-11-00008-P Navigation of Vessels, Conduct of Regattas and Placement of Navigation Aids and Floating Objects on Navigable Waters

5/4/11 N.Y. St. Reg. PKR-18-11-00008-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 18

May 04, 2011

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-18-11-00008-P

Navigation of Vessels, Conduct of Regattas and Placement of Navigation Aids and Floating Objects on Navigable Waters

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Parts 380, 445, section 448.7 and Appendix I-1; add new Part 445 and sections 448.1(h), 448.4(d), 448.8(b)(2); and amend sections 377.1, 447.1, 447.2, 447.3(b)(4)-(6), 448.8 and 448.9 of Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, section 3.09(8); Navigation Law, sections 34, 34-a, 35, 35-a, 35-b, 36, 37, 41, 41(6), 43, 43(3), 45, 46, 46-aaaa and L. 2000, ch. 342

Subject:

Navigation of vessels, conduct of regattas and placement of navigation aids and floating objects on navigable waters.

Purpose:

To update obsolete State navigation rules or conform them to the U.S. Coast Guard Inland Navigation Rules.

Substance of proposed rule (Full text is posted at the following State website:www.nysparks.com):

The Office of Parks, Recreation and Historic Preservation (OPRHP or State Parks) is amending Title 9 NYCRR to update rules that address activities of its Bureau of Marine Services as follows:

Section 377.1(j) Regulated activities.

This subdivision pertains to the operation of vessels on Cuba Lake in Allegany County. It is being repealed since OPRHP no longer has jurisdiction over this Lake. The remaining subdivisions in this section are renumbered.

Part 380 and Section 380.1 Lease Holders and Tenants of Cuba Reservation within the Second Park Region.

This Part heading and Section 380.1 pertain to leases and tenants on Cuba Lake and are being repealed since OPRHP no longer has jurisdiction over this Lake.

Part 445 and Section 445.1 Navigation of Vessels on the Navigable Waters of New York State and on the Tidewaters Bordering on or Lying within the Boundaries of Nassau and Suffolk Counties.

This outdated Part is repealed and a new Section 445.1 is added that incorporates by reference the Inland Navigation Rules of the U.S. Coast Guard at 33 CFR Parts 83-88 and 90. The Inland Navigation Rules pertain to the following topics: navigation lights; day shapes; whistle signals; conduct of vessels in restricted visibility; conduct of vessels in sight of each other; positioning and technical details of lights and shapes; additional signals for fishing vessels fishing in close proximity; technical details of sound and signal appliances; distress signals and pilot rules.

Section 445.2 Aid in distress.

This section (former Section 445.3) tracks the language in Subdivision 3 of Section 41 of the Navigation Law and requires pilots to assist other vessels in distress where possible. It has been renumbered and updated with gender neutral language.

Part 447 Conduct of Regattas.

Amendments to this section provide an updated definition for "regatta" and a definition for "racing shell" and clarify that:

1. proof of insurance is not required;

2. the sponsor of a regatta must also notify the appropriate law enforcement entity that has jurisdiction over the water body;

3. a sponsor of a racing shell regatta must notify State Parks of the event at least 30 days in advance on forms supplied by the Bureau of Marine Services; and

4. navigation inspectors must escort commercial and recreational traffic through the course.

Section 448.1 Definitions.

The archaic reference to and definition of "fishing buoy" is deleted since placement of these buoys is not regulated. The definition of "divers flag" is expanded to also encompass the international code flag "A." A new definition of "bathing beach area" is added that clarifies bathing beach markers are issued to entities that charge a fee or consideration for use of the water adjacent to a bathing beach area or allow the public to swim there.

Section 448.2 Aids to Navigation.

The colors, shapes, numbering and lettering for aids to navigation are updated to conform to the U.S. Coast Guard's requirements.

Section 448.3 Special Anchorage Areas.

This section is updated to clarify that white flashing lights must be installed on buoys in special anchorage areas.

Section 448.4 Floating Objects.

Gender neutral language is inserted in this section and the commissioner's discretion to require that floating objects (mooring buoys, bathing beach markers, swimming floats, speed zone markers or other objects with no navigational significance) be placed according to one of the methods described by the New York State Office of General Services in its regulation at 9 NYCRR Section 274.5 is clarified. Also, the floating objects must bear the State Parks decal. State Parks' discretion to require that floating objects placed 100 feet from shore bear a white light is clarified. Finally, a new subdivision clarifies that bathing beach markers may only be placed in the waters adjacent to a bathing beach area.

Section 448.5 Special Markers.

Lettering and diamond symbols for special markers are clarified.

Section 448.7 Fishing Buoys.

This section is repealed because these buoys are not regulated by State Parks. Sections 448.8 and 448.9 are renumbered to 448.7 and 448.8. The diver's flag described in new Section 448.8 is expanded to encompass a rigid replica of the international code flag "A" not less than 1 meter in height that is visible all around.

Appendix I-1 Designated Agents.

Appendix I-1 created in 1997 contains outdated names and addresses of county sheriffs and local law enforcement entities and establishes them as agents of State Parks for purposes of enforcing Navigation Law Section 33-c. The controlling statute for this Appendix, however, pertains to regulation of sewage disposal and littering on waterways. It is enforced by the New York State Department of Environmental Conservation, not State Parks. The obsolete Appendix, therefore, is being repealed.

Text of proposed rule and any required statements and analyses may be obtained from:

Kathleen L. Martens, Associate Counsel, OPRHP, ESP, Agency Bldg. 1, Albany, NY 12238, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

The rule incorporates by reference the U.S. Coast Guard Inland Navigation Rules at 33 CFR 83-88 and 90.

Consensus Rule Making Determination

The Office of Parks, Recreation and Historic Preservation (OPRHP) is proposing to update its marine regulations adopted under the Navigation Law, incorporate the U.S. Coast Guard Inland Navigation Rules where appropriate, and codify existing policy. The topics covered be the regulations at 9 NYCRR Parts 377, 380, 445, 447 and 448 include navigation of vessels, conduct of regattas and placement of navigation aids and floating objects on navigable waters. No one, therefore, is likely to object to the proposed rule changes.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because the rule is a technical amendment that updates navigation regulations or conforms them to U.S. Coast Guard Inland Navigation Rules. It will not impact jobs and employment opportunities.