Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14247

each vessel from the time the vessel

breaks off from the parade until it is

safely moored. No vessel will be

permitted to enter or move within these

safety zones unless authorized by the

Captain of the Port, New York.

This regulation is needed to protect

the maritime public from possible

hazards to navigation associated with a

parade of naval vessels transiting the

waters of New York Harbor in close

proximity. These vessels have limited

maneuverability and require a clear

traffic lane in order to safely navigate.

Regulatory Evaluation

This proposal 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 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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

This moving safety zone would

prevent vessels from transiting portions

of the Port of New York and New Jersey

from 8:45 a.m. until 3 p.m. on

Wednesday, May 24, 1995, unless

extended or terminated sooner by the

Coast Guard Captain of the Port, New

York. Although there is a regular flow

of traffic through this area, there is not

likely to be a significant impact on

recreational or commercial traffic for

several reasons. Due to the moving

nature of the safety zone, no single

location would be affected for a

prolonged period of time which in turn

should not significantly delay

commercial traffic. Additionally,

recreational traffic can transit the river

on either side of the safety zone.

Alternate routes are also available to

commercial and recreational vessels

traffic that can safely transit the Harlem

and East Rivers, Kill Van Kull, Arthur

Kill, and Buttermilk Channel. Similar

safety zones have been established for

the last few Fleet Week parades of ships

with minimal or no disruption to vessel

traffic or other interests in the port. In

addition extensive, advance advisories

will be made to the maritime

community so that they can adjust their

plans accordingly. For all the above

reasons, the Coast Guard expects the

economic impact of this proposal to be

so minimal that a Regulatory Evaluation

is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons given in the Regulatory

Evaluation, the Coast Guard expects the

impact of this proposal to be minimal.

The Coast Guard certifies under 5 U.S.C.

605(b) that this proposal will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not raise sufficient

federalisms implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, it is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination is included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposes to amend 33

CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section, 165.T01–014

is added to read as follows:

§ 165.T01–041 Parade of Ships, Fleet Week

’95, Port of New York and New Jersey.

(a) Location This moving safety zone

includes all waters within 500 yards

forward of the lead parade vessel, 500

yards aft of the last parade vessel, and

200 yards on each side of the designated

column as it transits north from the

Verrazano Narrows Bridge to the waters

west of the 79th Street Boat Basin,

Manhattan, in the Hudson River. The

moving safety zone continues to include

200 yards around each vessel as it

breaks from the parade formation and

transits southbound in the Hudson

River until safety berthed.

(b) Effective period This section is

effective from 8:45 a.m. until 3 p.m. on

May 24, 1995, unless extended or

terminated sooner by the Captain of the

Port, New York.

(c) Regulations.

(1) The general regulations contained

in 33 C.F.R. 165.23 apply to this safety

zone.

(2) All persons and vessels shall

comply with the instructions on of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: March 9, 1995.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 95–6432 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–14–M

National Highway Traffic Safety

Administration

49 CFR Parts 564 and 571

[Docket No. 85–15; Notice 16]

RIN 2127–AF62

Replaceable Light Source Information

Federal Motor Vehicle Safety

Standards; Lamps, Reflective Devices

and Associated Equipment

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes

amendments to the Federal motor

vehicle standard on lighting to facilitate

the transfer by NHTSA of all

dimensional and specification

information on HB Type replaceable

light sources for headlamps to Docket

No. 93–11. This docket has been
14248 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

established as the information docket

specified in part 564 for replaceable

light source information. This regulatory

action is intended to simplify Standard

No. 108 while ensuring consistent

regulatory treatment of all headlamp

replaceable light sources. The notice

also proposes conforming amendments

to part 564.

DATES: The due date for comments is

May 15, 1995. The amendments would

be effective 30 days after publication of

the final rule in the Federal Register.

ADDRESSES: Comments should refer to

the docket number and notice number,

and be submitted to: Docket Section,

room 5109, 400 Seventh Street, SW,

Washington, DC 20590. (Docket hours

are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT:

Kenneth O. Hardie, Office of

Rulemaking, NHTSA (202–366–6987).

SUPPLEMENTARY INFORMATION: For many

years, Motor Vehicle Safety Standard

No. 108 allowed headlamps only of

sealed beam construction and ones

whose design dimensions were rigidly

specified in the standard. In 1983,

Standard No. 108 was amended to

permit headlamps of non-sealed

construction, equipped with a

replaceable light source. With this

amendment, the dimensions of the

headlamp were no longer subject to

Federal specification. Instead, to ensure

repeatability of performance and ease of

replaceability in the aftermarket,

NHTSA adopted standardized

dimensional restrictions for the light

source itself. Each light source was

given a distinctive HB Type designation.

Today, Standard No. 108 incorporates

five different types of replaceable light

sources known as Types HB1 through

HB5.

Each one of these light sources has

been added to Standard No. 108 through

rulemaking procedures that conform to

the Administrative Procedure Act, that

is to say, after an opportunity has been

provided for notice and comment. This

process is time consuming and has not

afforded flexibility to NHTSA in

accommodating manufacturers who

wish to introduce new light sources in

a more timely and predictable manner.

In the late 1980’s, NHTSA decided that

the regulatory process might be made

less cumbersome by establishing a

docket in which manufacturers of new

replaceable light sources could submit

appropriate dimensional and other

information which would require

nothing more than acceptance by

NHTSA before the new light sources

could be used in headlamps (subject to

the requirements, of course, that

headlamps incorporating the new light

sources meet the performance

requirements of Standard No. 108, and

that the light sources conform to the

information listed for them).

Pursuant to this decision and with

appropriate notices published in the

Federal Register, on January 12, 1993,

NHTSA established part 564

Replaceable Light Source Information

(58 FR 3856). At that time, rulemaking

was in progress to add a Type HB6 to

Standard No. 108. However, with the

advent of part 564, NHTSA decided to

terminate rulemaking to adopt a Type

HB6 on March 10, 1993, and to file the

relevant information under part 564 (58

FR 13243). On March 19, 1993, the

information docket was designated

Docket No. 93–11 (58 FR 15132).

Concurrently with this notice, NHTSA

is responding to petitions for

reconsideration of the January 12, 1993,

final rule and amending part 564 to

broaden the category of manufacturers

who are permitted to submit light

source information, as well as

establishing a procedure to implement

changes to information previously filed.

The text that is proposed below for

paragraphs 564.5(a) and (c) is based

upon these amendments.

With the advent of part 564, there

exist two places for dimensional and

specification information on

replaceableheadlamp bulbs, paragraph

S7.7 of Standard No. 108 and Docket

No. 93–11. Because headlamps with any

type of replaceable light sources, HB or

other, must meet the same (or

equivalent in the case of photometrics)

performance requirements, there

appears to be no safety disbenefit in

removing the Figures in Standard No.

108 that specify dimensions for Type

HB light sources and placing that

information in Docket No. 93–11. Such

an action would also entail minor

amendments of a housekeeping nature

to dovetail HB Type light sources and

those that are permitted pursuant to part

564.

This notice proposes to remove from

Standard No. 108 those Figures and text

that specify dimensional, performance,

and electrical specifications for HB

Types 1 through 5. Upon issuance of a

final rule, NHTSA would place this

information in Docket No. 93–11. The

notice would also redefine ‘‘replaceable

light source’’ to mean an assembly of a

capsule, base, and terminals that is

designed to conform to the dimensions,

specifications, and marking furnished

with respect to it pursuant to Appendix

A of part 564. The section on

replaceable light sources, S7.7, would

be revised by removing paragraphs (a)

through (e) which refer to the Figures

that would be deleted, and paragraph (f)

which relates to marking; this would be

incorporated into paragraph (h), which

would be redesignated paragraph (a).

Present paragraph (g) would be

transferred to the introductory text of

S7.7, and paragraphs (h) through (k)

would be redesignated (a) through (d)

with minor changes in text. A

conforming amendment would be made

to S9.

In addition, a conforming amendment

would be made to part 564 to remove

the present exclusion of replaceable

light sources specified in S7.7 of

Standard No. 108.

Request for Comments

Interested persons are invited to

submit comments on the proposal. It is

requested but not required that 10

copies be submitted.

All comments must not exceed 15

pages in length. (49 CFR 553.21).

Necessary attachments may be

appended to these submissions without

regard to the 15-page limit. This

limitation is intended to encourage

commenters to detail their primary

arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR Part 512.

All comments received before the

close of business on the comment

closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. Comments on the

proposal will be available for inspection

in the docket. The NHTSA will continue

to file relevant information as it

becomes available in the docket after the

closing date, and it is recommended that

interested persons continue to examine

the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, stamped postcard in the
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14249

envelope with their comments. Upon

receiving the comments, the docket

supervisor will return the postcard by

mail.

Effective Date

The effective date of the final rule

would be April 17, 1995. Because the

final rule establishes no additional

burden on any party and is primarily of

an administrative nature, it is hereby

tentatively found for good cause shown

that an effective date for the

amendments to Standard No. 108 that is

earlier than 180 days after their issuance

would be in the public interest.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures. The

Office of Management and Budget has

determined that it will not review this

rulemaking action under Executive

Order 12866. It has been determined

that the rulemaking action is not

significant under Department of

Transportation regulatory policies and

procedures. The purpose of the

rulemaking action is an administrative

one, to remove regulatory material from

Standard No. 108 which the agency will

file in a regulatory docket on the

subject. Since the rule does not have

any significant cost or other impacts,

preparation of a full regulatory

evaluation is not warranted.

National Environmental Policy Act.

NHTSA has analyzed this rulemaking

action for the purposes of the National

Environmental Policy Act. It is not

anticipated that a final rule based on

this proposal would have a significant

effect upon the environment. The design

and composition of headlamps or light

sources would not change from those

presently in production.

Regulatory Flexibility Act. The agency

has also considered the impacts of this

rulemaking action in relation to the

Regulatory Flexibility Act. I certify that

this rulemaking action would not have

a significant economic impact upon a

substantial number of small entities.

Accordingly, no regulatory flexibility

analysis has been prepared.

Manufacturers of motor vehicles,

headlamps, and light sources, those

affected by the rulemaking action, are

generally not small businesses within

the meaning of the Regulatory

Flexibility Act. Further, small

organizations and governmental

jurisdictions would not be significantly

affected because the price of new

vehicles, headlamps, and light sources

would not be impacted.

Executive Order 12612 (Federalism).

This rulemaking action has also been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612, and NHTSA has

determined that this rulemaking action

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Civil Justice (Executive Order 12778).

A final rule based on this proposal

would not have any retroactive effect.

Under 49 U.S.C. 30103, whenever a

Federal motor vehicle safety standard is

in effect, a state may not adopt or

maintain a safety standard applicable to

the same aspect of performance which

is not identical to the Federal standard.

Section 30161 of Title 49 sets forth a

procedure for judicial review of final

rules establishing, amending or revoking

Federal motor vehicle safety standards.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects

49 CFR Part 564

Motor vehicle safety, Motor vehicles.

49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing, 49

CFR parts 564 and 571 would be

amended as follows:

PART 564—REPLACEABLE LIGHT

SOURCE INFORMATION

1. The authority citation for part 564

would remain as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, 30166; delegation of authority at 49

CFR 1.50.

2. Part 564 would be amended by

revising paragraphs 564.5(a) and (c) to

read as follows:

§ 564.5 Information filing requirements;

agency processing of filings.

(a) Each manufacturer of a motor

vehicle, original equipment headlamp,

or original equipment headlamp

replaceable light source, which intends

to manufacture a replaceable light

source as original equipment or to

incorporate a replaceable light source in

its headlamps or motor vehicles, shall

furnish the information specified in

Appendix A of this part to: Associate

Administrator for Rulemaking, National

Highway Traffic Safety Administration,

400 Seventh Street SW, Washington,

D.C. 20590. Attn: Replaceable Light

Source Information Docket No. 93–11,

(unless the agency has already filed

such information in Docket No. 93–11).

* * * * *

(c) The Associate Administrator

promptly reviews each submission and

informs the manufacturer not later than

30 days after its receipt whether the

submission has been accepted. The

Associate Administrator does not accept

any submission that does not contain all

the information specified in Appendix

A of this part, or whose accompanying

information indicates that any new light

source which is the subject of a

submission is interchangeable with any

replaceable light source for which the

agency has previously filed information

in Docket No. 93–11.

* * * * *

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

3. The authority citation for Part 571

would be revised to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30177, 30166; delegation of authority at 49

CFR 1.50.

§ 571.108 [Amended]

4. Section 571.108 would be amended

by:

a. revising the definition of

‘‘Replaceable Light Source’’ in section

S4 to read as set forth below;

b. revising paragraph S7.7 to read as

set forth below;

c. revising the last sentence of S9 as

set forth below; and

d. removing and reserving Figures 3–

1 through 3–11, 19, 19–1 through 19–5,

20, 20–1 through 20–5, 23–1 through

23–7, and 24–1 through 24–9.

e. revising Figures 8 and 25 as set

forth below.

§ 571.108 Motor Vehicle Safety Standard

No. 108 Lamps, Reflective Devices, and

Associated Equipment.

* * * * *

S4 Definitions

* * * * *

Replaceable light source means an

assembly of a capsule, base and

terminals designed to conform to the

dimensions, specifications and

markings furnished with respect to it

pursuant to Appendix A of part 564

Replaceable Light Source Information of

this chapter.

* * * * *

S7.7 Replaceable Light Sources.

Each replaceable light source shall be

designed to conform to the dimensions

and electrical specifications furnished

with respect to it pursuant to part 564

of this chapter, and shall conform to the

following requirements:

(a) If other than an HB Type, the light

source shall be marked with the bulb

marking designation specified for it in

compliance with section VIII of
14250 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

Appendix A of part 564 of this chapter.

The base of each HB Type shall be

marked with its HB Type designation.

Each replaceable light source shall also

be marked with the symbol DOT and

with a name or trademark in accordance

with paragraph S7.2.

(b) The measurement of maximum

power and luminous flux that is

submitted in compliance with section

VII of Appendix A of part 564 of this

chapter shall be made in accordance

with this paragraph. The filament shall

be seasoned before measurement of

either. Measurement shall be made with

the direct current test voltage regulated

within one quarter of one percent. The

test voltage shall be design voltage,

12.8v. The measurement of luminous

flux shall be in accordance with the

Illuminating Engineering Society of

North America, LM–45; IES Approved

Method for Electrical and Photometric

Measurements of General Service

Incandescent Filament Lamps (April

1980), shall be made with the black cap

installed on Type HB1, Type HB2, Type

HB4, and Type HB5, and on any other

replaceable light source so designed,

and shall be made with the electrical

conductor and light source base

shrouded with an opaque white colored

cover, except for the portion normally

located within the interior of the lamp

housing. The measurement of luminous

flux for the Types HB3 and HB4 shall

be made with the base covered. (The

white cover is used to eliminate the

likelihood of incorrect lumen

measurement that will occur should the

reflectance of the light source base and

electrical connector be low).

(c) The capsule, lead wires and/or

terminals, and seal on each Type HB1,

Type HB3, Type HB4, and Type HB5

light source, and on any other

replaceable light source which uses a

seal, shall be installed in a pressure

chamber as shown in Figure 25 so as to

provide an airtight seal. The diameter of

the aperture in Figure 25 on a

replaceable light source (other than an

HB Type) shall be that figure furnished

for such light source in compliance with

Section IV.B of Appendix A of part 564

of this chapter. An airtight seal exists

when no air bubbles appear on the low

pressure (connector) side after the light

source has been immersed in water for

one minute while inserted in a

cylindrical aperture specified for the

light source, and subjected to an air

pressure of 70kPa (10 P.S.I.G.) on the

glass capsule side.

(d) After the force deflection test

conducted in accordance with S9, the

permanent deflection of the glass

envelope shall not exceed 0.13 mm in

the direction of the applied force.

* * * * *

S9 Deflection test for replaceable

light sources. * * * Distance ‘A’ for a

replaceable light source other than an

HB Type shall be the dimension

provided in accordance with Appendix

A of part 564 of this chapter, section

I.A.1 if the light source has a lower

beam filament, or as specified in section

I.B.1 if the light source has only an

upper beam filament.

* * * * *

BILLING CODE 4910–59–P
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules 14251

* * * * *
14252 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Proposed Rules

BILLING CODE 4910–59–C

* * * * *

Issued on March 9, 1995.

Barry Felrice,

Associate Administrator for Rulemaking.

[FR Doc. 95–6379 Filed 3–16–95; 8:45 am]

BILLING CODE 4910–59–P