[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Rules and Regulations]
[Pages 68235-68239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29650]



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  Federal Register / Vol. 68, No. 235 / Monday, December 8, 2003 / 
Rules and Regulations  

[[Page 68235]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 66

[USCG-2000-7466]
RIN 1625-AA55 [Formerly 2115-AF98]


Allowing Alternatives to Incandescent Lights, and Establishing 
Standards for New Lights, in Private Aids to Navigation

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard removes the requirement to use only tungsten-
incandescent-light sources for private aids to navigation (PATONs) and 
establishes more-specific performance standards for all lights in 
PATONs. These measures enable private industry and owners of PATONs to 
take advantage of recent changes in lighting technology--specifically 
allow owners of PATONs to use lanterns based on the technology of 
light-emitting diodes (LEDs), which may reduce the consumption of power 
and simplify the maintenance of PATONs. The more-specific performance 
standards will make the rules for PATONs equivalent to those for 
Federal aids to navigation.

DATES: This final rule is effective March 8, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2000-7466 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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 rule, 
call Dan Andrusiak, Office of Aids to Navigation, at Coast Guard 
Headquarters, telephone 202-267-0327. If you have questions on viewing 
the docket, call Andrea M. Jenkins, Program Manager, Docket Operations, 
Department of Transportation, telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 4, 2000, the Coast Guard published a direct final rule 
(DFR) [65 FR 59124] under the same docket number as the one borne by 
this final rule: USCG-2000-7466. We published that rule as a DFR 
because we expected that the public would readily embrace it; however, 
we received an adverse comment. Because of this, we withdrew the DFR 
[66 FR 8 (January 2, 2001)] so our engineers could analyze and respond 
to the comment. Not only did they follow the commenter's advice to make 
performance standards for LEDs more specific; they also recommended to 
the Marine Safety Council (now the Marine Safety and Security Council), 
our policy-setting body, the standardizing of all rules related to 
lights used as private aids to navigation (PATONs).
    On June 24, 2002, we published a notice of proposed rulemaking 
entitled Allowing Alternative Source to Incandescent Light in Private 
Aids to Navigation in the Federal Register (67 FR 42512). We received 
three letters commenting on the proposed rule. No public hearing was 
requested and none was held.

Background

    The Marine Safety Council, as it then was, recommended this 
rulemaking to provide owners of PATONs with more options for selecting 
equipment. This rule may reduce lifecycle cost, reduce the consumption 
of power, and simplify the maintenance of PATONs by allowing the use of 
lighting technologies other than those based on tungsten-incandescent 
light sources.

Discussion of Comments and Changes

    We received three comments on this rule as proposed. The first 
commenter stated support for allowing alternatives to incandescent 
lights in private aids to navigation, but opined that the rule was 
deficient since it would not require the owners of such lights to 
maintain them.
    Our response: We agree that maintenance requirements are essential, 
but we disagree that PATON owners do not have a requirement to maintain 
them. Existing 33 CFR 66.01-20 requires that all classes of private 
aids to navigation be maintained in proper operating condition and 
Sec.  66.01-45 makes it clear that only those authorized to maintain 
PATONs may do so.
    To assist owners in maintaining PATONs, we have required 
manufacturers to provide each purchaser a data sheet that accompanies 
the PATON equipment at the time of sale with the following information: 
the recommended service life of the optic, light source, and batteries. 
They must also indicate a replacement interval to ensure that the 
equipment meets the minimum requirements in case of degradation of the 
light or lens.
    The commenter also stated that replacement bulbs, particularly 
tungsten-filament ones, are very expensive and that because of this 
some owners might replace the specialty-type base of the original light 
with an Edison-screw-type base and use household bulbs.
    Our response: This final rule requires each owner, under 
``application procedure,'' to document his or her aid's make, model, 
advertised intensity, and lamp source. The Coast Guard will maintain 
this information in a database that will help Coast Guard inspectors 
verify that the proper equipment is installed.
    The second commenter pointed out that, in addition to applying to 
private aids to navigation in 33 CFR part 66, the standards also apply 
to lights used on artificial islands and fixed structures regulated 
under 33 CFR part 67 by the requirements of 33 CFR 67.01-1(b). The 
commenter urged the Coast Guard to establish a luminous-intensity 
standard in eventual 33 CFR 66.01-11(a)(3) for any light required to 
have a nominal range of 5 nautical miles.
    Our response: We agree that all requirements under 33 CFR part 67 
regarding the light signals supersede the requirements under 33 CFR 
part 66. However, to be consistent with the operational ranges, we are 
adding requirements for a 5-nautical-mile light

[[Page 68236]]

signal to part 66. We are also changing the intensity requirements to 
reflect minimum intensity, subject to change due to local environmental 
conditions, at the discretion of the District Commander.
    The same commenter urged the Coast Guard to remove ``90 percent 
visibility'' standards from 33 CFR 67.20-5, 67.25-5(a), and 67.30-5(a), 
and rely on the provisions of 33 CFR 67.01-1(b) to invoke the luminous-
intensity standard of eventual 33 CFR 66.01-11(a)(3).
    Our response: Part 66 generally pertains to voluntary PATONs. Part 
67 refers to PATONs required by statute or regulation for facilities 
that could pose a danger to navigation. This being so, we believe that 
a more stringent requirement is necessary. In addition, District 
Commanders generally require greater than the minimum intensities for 
PATON lights because of local environmental conditions; therefore, the 
standard of 90-percent visibility is a legitimate requirement for 33 
CFR part 67.
    The same commenter stated that the preamble to the proposed rule 
(67 FR 42513, 2nd column, 6th paragraph) implied that existing lights 
would not have to meet these new standards; however, rather than refer 
to existing lights, the proposed regulatory text for 33 CFR 66.01-12 
referred to a ``new application'' for a private aid. This leaves 
uncertainty (and attendant liability) regarding applicability of 33 CFR 
66.01-11 to those existing lights under 33 CFR parts both 66 and 67 
that may be subject to the ``new application.'' For example, the 
existing regulations require the filing of an application for lights 
that are relocated (such as the obstruction lights on mobile offshore 
drilling units), or are subject to transfer of ownership in accordance 
with 33 CFR 66.01-55. The commenter urged the Coast Guard to clearly 
state that lights already in service can remain in service as long as 
they continue to meet the standards for luminosity and effective 
intensity in effect at the time they are placed in service.
    Our response: If an owner must file a new application as a result 
of modifying, replacing, or installing a new light, his or her PATON 
must comply with the new standards. Changes in ownership or relocation 
of a moveable structure such as a mobile offshore drilling unit, while 
requiring a new application, would not require replacement of existing 
lighting equipment unless the environmental conditions of the new 
location demanded it.
    The commenter stated that new 33 CFR 66.01-14(a)(4), which would 
require a manufacturer to provide a label indicating the date a light 
is placed in service, does not make sense.
    Our response: We agree. After careful consideration, we modified 
the requirement so that the label indicates only the model and serial 
number of the lantern. The District Commander will maintain that 
information, details of the application, and the manufacturer's 
recommended replacement interval in a database accessible to Coast 
Guard inspectors.
    The third commenter stated that 33 CFR 66.01-11 of the NPRM 
designates only three types of lights: 1-candela lights, 2-candela 
lights, and 10-candela lights. Lights of much higher candlepower are 
required for PATONs to attain the desired detection range.
    Our response: We agree. We have changed the intensity requirements 
to reflect the minimum intensities required for given ranges. The 
District Commander will determine actual required intensity after 
considering local conditions including background lighting and 
visibility.
    The commenter recommended deleting any references to ``nominal 
range'' and any correlating of intensity to such range.
    We agree. We changed the term ``nominal range'' to ``range.''
    The commenter suggested that, to make the rules for PATONs 
equivalent to those for Federal aids to navigation, we should require 
at least 50% of the effective intensity within +/-4[deg] of the 
horizontal plane for LED lights in alignment with current USCG in-house 
requirements for LED buoy lanterns (Specification G-SEC498A)--if not 
for all LED lights, then at least for LED lights greater than 10 
candela.
    Our response: We disagree. Federal aids to navigation currently 
have an approximate vertical divergence of +/-2[deg] to 50% of 
effective intensity. This vertical divergence is adequate for PATONs. 
There is no need to impose stricter requirements on the public.
    The commenter suggested that under 33 CFR 66.01-11(a) (1) we should 
add the words ``* * * except range and sector lights''.
    We agree. This final rule changes the requirements of Sec. Sec.  
66.01-11(a)(1) and 66.01-11(a)(2) to exclude directional lights.
    The commenter stated that under 66.01-11(a)(2), given the limited 
vertical divergence of some LEDs, there may be no light emitted beyond 
the minimum angle of +/-2[deg]. There should be least 50% of effective 
intensity within an angle of +/-2[deg] of the horizontal plane and 10% 
to +/-4[deg] of the horizontal plane required for all beacons. There 
should be 50% of effective intensity within an angle of +/-4[deg] of 
the horizontal plane for all buoy lights, and all LED lights over 10 
candela.
    We disagree. Federal aids to navigation currently have an 
approximate vertical divergence of +/-2[deg] to 50% of effective 
intensity. We feel that this is an adequate vertical divergence for 
PATONs and that stricter requirements on the public are unnecessary. In 
response to the commenter's request for vertical divergence of +/-
4[deg] at 10% of peak intensity, we feel that specifying the divergence 
at 50% of peak intensity is adequate; no additional breakdowns for 
divergence are necessary.
    The commenter stated that under 33 CFR 66.01-11(a)(3), in keeping 
with the purpose stated in the proposed rule to ``make the rules for 
PATONs equivalent to those for Federal aids to navigation'', we should 
require a minimum effective intensity for PATONs. This minimum should 
correspond to the existing Federal minimum of 9 candelas.
    We disagree. We will not establish a minimum intensity of 9 
candela, because this might nullify PATONs in the range of 1 to 2 
nautical miles. Requiring lights that produce a minimum intensity of 9 
candelas may require owners of PATONs to unnecessarily purchase 
hardware that exceeds the requirements for their site. This would 
create an unnecessary burden for these owners.
    The commenter stated that, under 33 CFR 66.01-11(a)(6), there is a 
relationship among the initial intensity of a new light, the minimum 
intensity required by the proposed and existing regulations (33 CFR 
parts 67 and 149), and the recommended interval for replacement when a 
light's intensity degrades to a value below the minimal required 
intensity. The recommended service life of the light sources, or lens, 
will depend on the initial candela of a new light and the level of 
degradation the candela could suffer before it fell below the minimal 
required intensity.
    Our response: A lantern must meet the minimum requirements of 33 
CFR part 66 throughout its service life. The manufacturer must 
determine a recommended replacement interval based on degradation of 
the lens or light source.
    The commenter stated that, under 33 CFR 66.01-1(a)(7), a 10-day-
reserve battery capacity is seldom sufficient for proper operation of a 
solar power supply designed to operate year-round without a low-voltage 
disconnect. We should require the use of lanterns with a minimum 
recharge capacity that exceeds the current consumption of

[[Page 68237]]

each LED during the month of least insolation at the site of the 
lantern.
    Our response: Our major solar-powered lighthouses operate with an 
autonomy of 10 days, so we feel this reserve capacity is adequate for 
lanterns as well. A low-voltage disconnect helps preserve the battery 
if the lantern is housed in a sealed, self-contained power system. This 
rule requires the reconnect voltage to be high enough to prevent the 
light from short-cycling daily. We agree that power production for the 
site should exceed the load during the worst average month of 
insolation and are adding that requirement to Sec.  66.01-11(a)(7).
    Under 33 CFR 66.01-11(a)(7), the commenter recommended that we 
should require bird spikes (or some other bird-avoidance-apparatus) on 
all lights to prevent degrading the performance of both lenses and 
solar panels due to soiling by birds.
    We disagree. Bird spikes should not be a requirement. Each 
manufacturer can determine whether its design encourages roosting of 
birds that could affect performance of the PATON and incorporate 
necessary means to discourage them, if necessary.
    After careful consideration, we modified the requirement under 33 
CFR 66.01-14 for the label to include only the model and serial number 
of the lantern. The District Commander will maintain that information, 
details of the application, and the manufacturer's recommended 
replacement interval in a database accessible by Coast Guard 
inspectors.

Regulatory Evaluation

    This final 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 (OMB) has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

Cost of Rule

    This final rule will impose minimal costs on manufacturers of 
PATONs. Costs will stem from the requirement that each PATON powered by 
an LED must bear information about the replacement interval of the 
light source. This information will be unique for many of the units 
sold each year, requiring manufacturers to calculate replacement 
intervals for about six models of PATONs so powered. Each model will 
have several possible replacement intervals depending on consumers' 
specifications. There is no market today for such PATONs, so it is 
impossible to know how many unique replacement intervals will be 
published. The cost estimate is thus based on an approximation, 
assuming that each manufacturer will calculate about ten different 
replacement intervals for an average of six different such PATONs in 
the first year. The range of costs for the ten international 
manufacturers of such PATONs could be as much as $16,500 for a total of 
300 hours in the first year. The costs in following years are 
uncertain, because new manufacturers are likely to enter the market 
once this rule is enacted and significantly increase the number of such 
PATONs produced each year.
    Manufacturers must also print model numbers and serial numbers 
labels on all PATONs. However, it is already industry practice to print 
this information on PATONs, so manufacturers are currently in 
compliance with Coast Guard requirements for labels. Therefore, we 
expect that these requirements will add no costs to the manufacture of 
either PATONs or labels.

Benefits of Rule

    This final rule allows owners of PATONs to choose from not only 
tungsten bulbs, which are currently permitted, but also the new 
technology of LEDs. These consume less power and have a longer lifespan 
than the sources currently permitted. Purchasers of PATONs powered by 
LEDs are likely to reduce their electricity costs and spend less time 
maintaining their PATONs. Existing rules do not allow manufacturers to 
sell LEDs for use in PATONs.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601-612], we have 
considered whether this final 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.
    The Coast Guard conducted a survey of industry, and discovered that 
there are now two domestic manufacturers of tungsten-incandescent-
lighting sources used for aids to navigation. Only one of them 
qualifies as small according to the standards of the Small Business 
Administration. This rule, however, allows the small company to 
continue selling tungsten-incandescent PATONs. Barring unforeseen 
changes in the market for PATONs, we do not expect that the 
legalization of PATONs powered by LEDs will have any significant impact 
on the sale of cheaper, and more widely available, tungsten-
incandescent PATONs.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 [Public Law 104-121], we offered to assist small 
entities in understanding this final rule so that they could better 
evaluate its effects on them and participate in the rulemaking.
    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 final rule calls for a new collection of information under the 
Paperwork Reduction Act of 1995 [44 U.S.C. 3501-3520]. There is no 
current market for PATONs powered by LEDs, so there is no determination 
of how many distinct models of such PATONS will be produced with unique 
replacement intervals. In the year proceeding promulgation of this 
rule, three domestic manufacturers of such PATONs are likely to produce 
about six models of such PATONs. Each model will have about ten unique 
replacement intervals based on various combinations of light-source 
characteristics. On these assumptions, the annual paperwork burden will 
be around 90 hours. At $55 (the hourly rate for a non-Federal employee 
doing this work), the cost should be around $4950 in the year 
proceeding promulgation.
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to OMB for its review of the collection of information. OMB has 
approved the

[[Page 68238]]

collection. The part numbers are 33 CFR parts 66 and 67; the 
corresponding approval number from OMB is Control Number 1625-0011, 
which expires on July 31, 2005.
    You need not respond to a collection of information unless it 
displays a currently valid OMB control number.

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 final 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 final rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This final rule will 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 final 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 final rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 final 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 final rule and 
concluded that preparation of an Environmental Impact Statement or 
Environmental Assessment is not necessary. This rule has been 
thoroughly reviewed by the Coast Guard, and the undersigned has 
determined it to be categorically excluded, under Categorical Exclusion 
34(e), from further environmental documentation. This determination 
accords with Section 2.B.2 and Figure 2-1 of NEPA implementing 
procedures, COMDTINST M16475.1D.

List of Subjects in 33 CFR Part 66

    Navigation (water).

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 66 as follows:

PART 66--PRIVATE AIDS TO NAVIGATION

0
1. Revise the citation of authority for part 66 to read as follows:

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.1.


0
2. In Sec.  66.01-5, revise the introductory text and paragraphs (a) 
and (f) to read as follows:


Sec.  66.01-5  Application procedure.

    To establish and maintain, discontinue, change, or transfer 
ownership of a private aid to navigation, you must apply to the 
Commander of the Coast Guard District in which the aid is or will be 
located. You can find application form CG-2554 at http://www.uscgboating.org/safety/aton/aids.htm or you can request a paper 
copy by calling the Boating Safety Information line at (800) 368-5674. 
You must complete all parts of the form applicable to the aid 
concerned, and must forward the application to the District Commander. 
You must include the following information:
    (a) The proposed position of the aid to navigation by two or more 
horizontal angles, bearings and distance from charted landmarks, or the 
latitude and longitude as determined by GPS or differential GPS. Attach 
a section of chart or sketch showing the proposed position.
* * * * *
    (f) For lights: The color, characteristic, range, effective 
intensity, height above water, and description of illuminating 
apparatus. Attach a copy of the manufacturer's data sheet to the 
application.
* * * * *

0
3. Revise Sec.  66.01-10 to read as follows:


Sec.  66.01-10  Characteristics.

    The characteristics of a private aid to navigation must conform to 
those prescribed by the United States Aids to Navigation System set 
forth in subpart B of part 62 of this subchapter.

0
4. Add Sec.  66.01-11 to read as follows:


Sec.  66.01-11  Lights.

    (a) Except for range and sector lights, each light approved as a 
private aid to navigation must:
    (1) Have at least the effective intensity required by this subpart 
omnidirectionally in the horizontal plane, except at the seams of its 
lens-mold.
    (2) Have at least 50% of the effective intensity required by this 
subpart within +/-2[deg] of the horizontal plane.
    (3) Have a minimum effective intensity of at least 1 candela for a 
range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 
candelas for one of 3 nautical miles, and 54 candelas for one of 5 
nautical miles. The District Commander may change the requirements for 
minimum intensity to account for local environmental conditions. For a 
flashing light this intensity is determined by the following formula:

Ie=G/(0.2+t2-t1)

Where:

Ie = Effective intensity
G = The integral of the instantaneous intensity of the flashed light 
with respect to time
t1 = Time in seconds at the beginning of the flash

[[Page 68239]]

t2 = Time in seconds at the end of the flash
t2-t1 is greater than or equal to 0.2 seconds.

    (4) Unless the light is a prefocused lantern, have a means of 
verifying that the source of the light is at the focal point of the 
lens.
    (5) Emit a color within the angle of 50% effective intensity with 
color coordinates lying within the boundaries defined by the corner 
coordinates in Table 66.01-11(5) of this part when plotted on the 
Standard Observer Diagram of the International Commission on 
Illumination (CIE).

             Table 66.01-11(5)--Coordinates of Chromaticity
------------------------------------------------------------------------
                                                        Coordinates of
                                                         chromaticity
                        Color                        -------------------
                                                       x axis    y axis
------------------------------------------------------------------------
White...............................................     0.500     0.382
                                                         0.440     0.382
                                                         0.285     0.264
                                                         0.285     0.332
                                                         0.453     0.440
                                                         0.500     0.440
Green...............................................     0.305     0.689
                                                         0.321     0.494
                                                         0.228     0.351
                                                         0.028     0.385
Red.................................................     0.735     0.265
                                                         0.721     0.259
                                                         0.645     0.335
                                                         0.665     0.335
Yellow..............................................     0.618     0.382
                                                         0.612     0.382
                                                         0.555     0.435
                                                         0.560     0.440
------------------------------------------------------------------------

    (6) Have a recommended interval for replacement of the source of 
light that ensures that the lantern meets the minimal required 
intensity stated in paragraph (a)(3) of this section in case of 
degradation of either the source of light or the lens.
    (7) Have autonomy of at least 10 days if the light has a self-
contained power system. Power production for the prospective position 
should exceed the load during the worst average month of insolation. 
The literature concerning the light must clearly state the operating 
limits and service intervals. Low-voltage disconnects used to protect 
the battery must operate so as to prevent sporadic operation at night.
    (b) The manufacturer of each light approved as a private aid to 
navigation must certify compliance by means of an indelible plate or 
label affixed to the aid that meets the requirements of Sec.  66.01-14.

0
5. Add Sec.  66.01-12 to read as follows:


Sec.  66.01-12  May I continue to use the private aid to navigation I 
am currently using?

    If, after March 8, 2004, you modify, replace, or install any light 
that requires a new application as described in Sec.  66.01-5, you must 
comply with the rules in this part.

0
6. Add Sec.  66.01-13 to read as follows:


Sec.  66.01-13  When must my newly manufactured equipment comply with 
these rules?

    After March 8, 2004, equipment manufactured for use as a private 
aid to navigation must comply with the rules in this part.

0
7. Add Sec.  66.01-14 to read as follows:


Sec.  66.01-14  Label affixed by manufacturer.

    (a) Each light, intended or used as a private aid to navigation 
authorized by this part, must bear a legible, indelible label (or 
labels) affixed by the manufacturer and containing the following 
information:
    (1) Name of the manufacturer.
    (2) Model number.
    (3) Serial number.
    (4) Words to this effect: ``This equipment complies with 
requirements of the U.S. Coast Guard in 33 CFR part 66.''
    (b) This label must last the service life of the equipment.
    (c) The manufacturer must provide the purchaser a data sheet 
containing the following information:
    (1) Recommended service life based on the degradation of either the 
source of light or the lamp.
    (2) Range in nautical miles.
    (3) Effective intensity in candela.
    (4) Size of lamp (incandescent only).
    (5) Interval, in days or years, for replacement of dry-cell or 
rechargeable battery.

    Dated: November 18, 2003.
David S. Belz,
Rear Admiral, Coast Guard, Assistant Commandant for Operations.
[FR Doc. 03-29650 Filed 12-5-03; 8:45 am]
BILLING CODE 4910-15-P