59124 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

criteria contained in Executive Order

13132, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Accordingly, a Federalism Assessment

has not been prepared.

List of Subjects in 23 CFR Part 1275

Alcohol and alcoholic beverages,

Grant programs—transportation,

Highway safety.

In consideration of the foregoing, the

interim final rule published in the

Federal Register of October 19, 1998, 63

FR 55796, is adopted as final, with the

following changes:

PART 1275—REPEAT INTOXICATED

DRIVER LAWS

1. The authority citation for part 1275

continues to read as follows:

Authority: 23 U.S.C. 164; delegation of

authority at 49 CFR 1.48 and 1.50.

2. Section 1275.3 is amended by

revising paragraphs (c) and (k) to read

as follows:

§ 1275.3 Definitions.

* * * * *

(c) Driving while intoxicated means

driving or being in actual physical

control of a motor vehicle while having

an alcohol concentration above the

permitted limit as established by each

State, or an equivalent non-BAC

intoxicated driving offense.

* * * * *

(k) Repeat intoxicated driver means a

person who has been convicted of

driving while intoxicated or driving

under the influence of alcohol more

than once in any five-year period.

* * * * *

3. In § 1275.4, paragraph (b)(2) is

redesignated as paragraph (b)(3) and a

new paragraph (b)(2) is added to read as

follows:

§ 1275.4 Compliance criteria.

* * * * *

(b) * * *

(2) A State may provide limited

exceptions to the requirement to install

an ignition interlock system on each of

the offender’s motor vehicles, contained

in paragraph (a)(2)(iii) of this section, on

an individual basis, to avoid undue

financial hardship, provided the State

law requires that the offender may not

operate a motor vehicle without an

ignition interlock system.

* * * * *

4. Section 1275.5 is amended by

revising paragraph (b) to read as follows:

§ 1275.5 Certification requirements.

* * * * *

(b) The certification shall be made by

an appropriate State official, and it shall

provide that the State has enacted and

is enforcing a repeat intoxicated driver

law that conforms to 23 U.S.C. 164 and

§ 1275.4 of this part.

(1) If the State’s repeat intoxicated

driver law is currently in effect and is

being enforced, the certification shall be

worded as follows:

(Name of certifying official), (position

title), of the (State or Commonwealth) of

lll, do hereby certify that the (State or

Commonwealth) of lll, has enacted and

is enforcing a repeat intoxicated driver law

that conforms to the requirements of 23

U.S.C. 164 and 23 CFR 1275.4, (citations to

pertinent State statutes, regulations, case law

or other binding legal requirements,

including definitions, as needed).

(2) If the State’s repeat intoxicated

driver law is not currently in effect, but

will become effective and be enforced

by October 1 of the following fiscal year,

the certification shall be worded as

follows:

(Name of certifying official), (position

title), of the (State or Commonwealth) of

lll, do hereby certify that the (State or

Commonwealth) of lll, has enacted a

repeat intoxicated driver law that conforms

to the requirements of 23 U.S.C. 164 and 23

CFR 1275.4, (citations to pertinent State

statutes, regulations, case law or other

binding legal requirements, including

definitions, as needed), and will become

effective and be enforced as of (effective date

of the law).

* * * * *

5. Section 1275.6 is amended by

adding paragraph (c) to read as follows:

§ 1275.6 Transfer of funds.

* * * * *

(c) On October 1, the transfers to

section 402 apportionments will be

made based on proportionate amounts

from each of the apportionments under

23 U.S.C. 104(b)(1),(b)(3) and (b)(4).

Then the States will be given until

October 30 to notify FHWA, through the

appropriate Division Administrator, if

they would like to change the

distribution among 23 U.S.C.

104(b)(1),(b)(3) and (b)(4).

6. Section 1275.7 is amended by

redesignating paragraphs (c) through (f)

as paragraphs (d) through (g), and by

adding a new paragraph (c) to read as

follows:

§ 1275.7 Use of transferred funds.

* * * * *

(c) The Governor’s Representative for

Highway Safety and the Secretary of the

State’s Department of Transportation for

each State shall jointly identify, in

writing to the appropriate NHTSA

Administrator and FHWA Division

Administrator, how the funds will be

programmed among alcohol-impaired

driving programs, hazard elimination

programs, and planning and

administration costs, no later than 60

days after the funds are transferred.

* * * * *

Issued on: September 28, 2000.

Kenneth R. Wykle,

Administrator, Federal Highway

Administration.

Dr. Sue Bailey,

Administrator, National Highway Traffic

Safety Administration.

[FR Doc. 00–25384 Filed 9–29–00; 3:34 pm]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 66

[USCG 2000–7466]

RIN 2115–AF98

Allowing Alternatives to Incandescent

Light in Private Aids to Navigation

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: The Coast Guard is removing

the requirement to use only tungstenincandescent lighting for private aids to

navigation. It will enable private

industry and owners of private aids to

navigation to take advantage of recent

changes in lighting technologyspecifically to use lanterns based on

light-emitting diodes (LEDs). The greater

flexibility will reduce the consumption

of power and simplify the maintenance

of private aids to navigation.

DATES: This direct final rule is effective

January 3, 2001, unless a written

adverse comment, or written notice of

intent to submit one, reaches the Docket

Management Facility on or before

December 4, 2000. If an adverse

comment, or notice of intent to submit

one, does reach the Facility on or before

then, the Coast Guard will withdraw

this rule and publish a timely notice of

withdrawal in the Federal Register.

ADDRESSES: You may mail your

comments or notices of intent to submit

them to the Docket Management Facility

[USCG 2000–7466], U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington DC

20590–0001, or deliver them to room

PL–401 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.

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59125

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 on the Plaza level of the

Nassif Building at the same address

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also access this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this direct final rule, call

Dan Andrusiak, G–OPN–2, Coast Guard,

telephone 202–267–0327. For questions

on viewing or submitting material to the

docket, call Dorothy Beard, Chief of

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

[USCG 2000–7466] and the specific

section of this document to which each

comment applies, and give the reason

for each comment. Please submit all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing to the Docket

Management Facility at the address

under ADDRESSES. Persons wanting

acknowledgment of receipt of comments

should enclose stamped self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures for which

appear in 33 CFR 1.05–55, because it

anticipates no adverse comment. If no

adverse comment or written notice of

intent to submit one reaches the Docket

Management Facility within the

comment period specified in DATES,

this rule will become effective as

indicated. In that case, about 30 days

before the effective date, the Coast

Guard will publish a document in the

Federal Register indicating that it

received no adverse comment or written

notice of intent to submit one and

confirming that this rule will become

effective as scheduled. However, if the

Coast Guard receives a written adverse

comment or written notice of intent to

submit one, it will publish a document

in the Federal Register announcing

withdrawal of all or part of this rule

(e.g., an amendment, a paragraph, or a

section). If an adverse comment applies

to only part of this rule and if removal

of that part is possible without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule unaffected by the comment and

withdraw the others. If the Coast Guard

decides to proceed with a rulemaking

following receipt of an adverse

comment, it will publish a separate

Notice of Proposed Rulemaking (NPRM)

and provide a new opportunity for

comment.

A comment is considered ‘‘adverse’’ if

it explains why this rule would be

inappropriate; including a challenge to

the rule’s underlying premise or

approach, or why it would be ineffective

or unacceptable without a change.

Background and Purpose

The Marine Safety Council of the

Coast Guard recommended this

rulemaking. The intent of the rule is to

reduce the consumption of power and

simplify the maintenance of private aids

to navigation by allowing for the use of

lanterns based on LEDs as well as on

tungsten-incandescent lights.

Discussion of Rule

The Coast Guard will allow private

industry and owners of private aids to

navigation to take advantage of recent

changes in lighting technology—

specifically the use of lanterns based on

LEDs.

Regulatory Evaluation

This direct final 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 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 not necessary.

Cost of Rule

This direct final rule would not

impose any costs on the public. While

it permits the use of lanterns based on

LEDs as well as tungsten-incandescent

lights, it does not require it.

Manufacturers of tungstenincandescent lights also provide LED

lights. This rule would not impose any

costs on these manufacturers; it would

instead expand a market for the LED

lights they are already manufacturing.

Small Entities

Under the Regulatory Flexibility Act

[5 U.S.C. 601 et seq.], the Coast Guard

considered whether this direct final rule

would 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

fields, and governmental jurisdictions

with populations of less than 50,000.

The Small Business Administration

(SBA) has set up size standards for each

SIC code based on the number of

employees or annual receipts. The only

type of small entity that this rule would

affect would be small businesses.

The Coast Guard performed a survey

of the industry, and discovered that

there are currently two major U.S.

manufacturers of tungsten-incandescent

lights used for aids to navigation. One

of them is considered small by the size

standards set up by the SBA. However,

the impact of this rule would be positive

because it would open new markets for

other small business manufacturers who

currently possess LED technology.

Therefore, the Coast Guard certifies

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

would not have a significant economic

impact on a substantial number of small

entities. It will evaluate comments

submitted in response to this finding

under the criteria in Regulatory

Information.

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 direct final rule so

that they can better evaluate its effect 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 call Dan Andrusiak,

G–OPN–2, Coast Guard, telephone 202–

267–0327.

Collection of Information

This direct final rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 [44

U.S.C. 3501–3520].

Federalism

The Coast Guard has analyzed this

direct final rule under the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

59126 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

Environment

The Coast Guard considered the

environmental impact of this direct final

rule and concluded that, under figure 2–

1, paragraph (34)(i) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

Determination of Categorical Exclusion

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 66

Navigation (water).

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 66 as follows:

1. The citation of authority continues

to read as follows:

Authority: 14 U.S.C. 83, 85; 43 U.S.C.

1333; 49 CFR 1.46.

2. Section 66.01–10 is revised to read

as follows:

§ 66.01–10 Characteristics.

The characteristics of a private aid to

navigation must conform to the United

States Aids to Navigation System

described in subpart B of Part 62 of this

subchapter, except that the Coast Guard

will approve both tungstenincandescent lights and light-emitting

diodes (LEDs) with a flash length of at

least 0.2 seconds, as sources of light for

electric lanterns.

Dated: September 26 2000.

Kenneth T. Venuto,

U.S. Coast Guard, Acting Assistant

Commandant for Operations.

[FR Doc. 00–25484 Filed 10–3–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[GGD07–00–092]

Drawbridge Operation Regulations;

CSX Railroad Bridge (South Fork of the

New River), Ft. Lauderdale, Broward

County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the CSX Railroad Drawbridge across the

South Fork of the New River, mile 2.8,

Ft. Lauderdale, Broward County,

Florida. This deviation allows the

drawbridge owner not to open for vessel

traffic. This temporary deviation is

required October 7, 2000 from 6:00 a.m.

until 12:00 p.m., to allow the bridge

owner to safely complete repairs to the

drawbridge.

DATES: This deviation is effective on

October 7, 2000, from 6:00 a.m. until

12:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The CSX

Railroad Drawbridge across the South

Fork of the New River at Ft. Lauderdale,

has a vertical clearance of 2 feet above

mean high water (MHW) measured at

the fenders in the closed position. On

July 11, 2000 the owner, requested a

deviation from the current operating

regulation in 33 CFR 117.5 which

requires the drawbridge to open

promptly and fully when a request to

open is given. This temporary deviation

was requested to allow necessary repairs

to the drawbridge in a critical time

sensitive manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.5 for the purpose of repair

completion of the drawbridge. Under

this deviation, the CSX Railroad

Drawbridge (South Fork of the New

River) need not open. The deviation is

effective on October 7, 2000 from 6:00

a.m. until 11:59 p.m.

Dated: September 22, 2000.

G.E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 00–25486 Filed 10–3–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–097]

Drawbridge Operation Regulations;

Florida East Coast Railway Bridge,

across the Okeechobee Waterway,

mile 7.4, at Stuart, Martin County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulation.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Florida East Coast Railway bridge

across the Okeechobee Waterway, mile

7.4, Stuart, Martin County, Florida. This

deviation allows the drawbridge owner

or operator to not open the bridge for

short periods of time, approximately 30

to 45 minutes in duration, from 7:00

until 4:00 pm from October 9, 2000

through October 12, 2000. This

temporary deviation is required from

October 9, 2000 until October 12, 2000,

to allow the bridge owner to safely

complete repairs of the bridge.

DATES: This deviation is effective from

October 9, 2000 to October 12, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The

Florida East Coast Railway drawbridge

across the Okeechobee Waterway at

Stuart, has a vertical clearance of 7 feet

above mean high water (MHW)

measured at the fenders in the closed

position and during construction will

have a horizontal clearance of 50 feet.

On September 8, 2000, Florida East

Coast Railway, the drawbridge owner,

requested a deviation from the current

operating regulation in 33 CFR 117.5

which requires drawbridge to open

promptly and fully when a request to

open is given. This temporary deviation

was requested to allow necessary repairs

to the drawbridge in a critical time

sensitive manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.35 for the purpose of repair

completion of the drawbridge. Under

this deviation, the Florida East Coast

Railway Bridge need not open the

bridge for short periods of time,

approximately 30 to 45 minutes in

duration. The deviation is effective for

a period of 4 days beginning on October

9, 2000 and ending on October 12, 2000.

Dated: September 22, 2000.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 00–25485 Filed 10–3–00; 8:45 am]

BILLING CODE 4910–15–M