[Federal Register Volume 65, Number 193 (Wednesday, October 4, 2000)]
[Rules and Regulations]
[Pages 59124-59126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25484]


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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.

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SUMMARY: The Coast Guard is removing the requirement to use only 
tungsten-incandescent 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 technology-specifically 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.

[[Page 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 8\1/2\ 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 tungsten-incandescent 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.

[[Page 59126]]

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:


Sec. 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 tungsten-incandescent 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