[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Rules and Regulations]
[Pages 9859-9865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3869]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 160
[Docket No. USCG-2010-0048]
RIN 1625-AB46
Lifesaving Equipment: Production Testing and Harmonization With
International Standards
AGENCY: Coast Guard, DHS.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the interim rule addressing
lifesaving equipment to harmonize Coast Guard regulations for
inflatable liferafts and inflatable buoyant apparatuses with recently
adopted international standards affecting capacity requirements for
such lifesaving equipment.
DATES: This interim rule is effective March 22, 2012. The Director of
the Federal Register has approved the incorporation by reference of
certain publications listed in this rule effective March 22, 2012.
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-2010-0048 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0048 in the ``Keyword'' box, and then clicking
``Search.''
Viewing incorporation by reference material. You may inspect the
material incorporated by reference at U.S. Coast Guard Headquarters,
2100 Second Street SW., Washington, DC 20593-7126 between 9 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-372-1389. Copies of the material are available as
indicated in the ``Incorporation by Reference'' section of this
preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Ms. Jacqueline Yurkovich, Commercial Regulations and
Standards Directorate, Office of Design and Engineering Standards,
Lifesaving and Fire Safety Division (CG-5214), Coast Guard; email
[email protected], telephone 202-372-1389. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Interim Rule
V. Incorporation by Reference
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))
N. Environment
I. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
IMO International Maritime Organization
LSA Life-saving Appliance
MSC Maritime Safety Committee of the International Maritime
Organization
NEPA National Environmental Policy Act 1969 (42 U.S.C. 4321-4370f)
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act (15 U.S.C.
272 note)
OMB Office of Management and Budget
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS International Convention for Safety of Life at Sea, 1974, as
amended
Sec. Section symbol
USCG United States Coast Guard
II. Regulatory History
On August 31, 2010, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Lifesaving Equipment: Production Testing and
Harmonization With International Standards'' in the Federal Register.
See 75 FR 53458. On October 11, 2011, the Coast Guard published an
interim rule titled ``Lifesaving Equipment: Production Testing and
Harmonization With International Standards; Interim Rule'' (2011
interim rule) making effective changes proposed in the NPRM. 76 FR
62962. Also on October 11, 2011, the Coast Guard published a
supplementary notice of proposed rulemaking (SNPRM) proposing
amendments to the portion of the Code of Federal Regulations (CFR)
modified by the 2011 interim rule regarding inflatable liferafts and
buoyant apparatuses. 76 FR 62714. The SNPRM addressed amendments to
international standards affecting capacity requirements for inflatable
liferaft and inflatable buoyant apparatuses that were recently adopted
by the International Maritime Organization (IMO) and that entered into
force on January 1, 2012.
[[Page 9860]]
The IMO amendments to the international standards affect the 2011
interim rule regarding inflatable liferafts and inflatable buoyant
apparatuses. The IMO amendments affect capacity requirements for such
liferafts, and by extension buoyant apparatuses, but do not affect any
other part of the 2011 interim rule.
III. Basis and Purpose
The Coast Guard is charged with ensuring that lifesaving equipment
used on vessels subject to inspection by the United States meets
specific design, construction, and performance standards, including
those found in the International Convention for the Safety of Life at
Sea, 1974, as amended, (SOLAS), Chapter III ``Life-saving appliances
and arrangements.'' See 46 U.S.C. 3306. The Coast Guard carries out
this charge through the approval of lifesaving equipment per 46 CFR
part 2, subpart 2.75. The approval process includes pre-approving
lifesaving equipment designs, overseeing prototype construction,
witnessing prototype testing, and monitoring production of the
equipment for use on U.S. vessels. See 46 CFR part 159. At each phase
of the approval process, the Coast Guard sets specific standards to
which lifesaving equipment must be built and tested.
The Coast Guard's specific standards for inflatable liferafts are
found in 46 CFR part 160, subparts 160.151 (Inflatable Liferafts
(SOLAS)) and 160.051 (Inflatable Liferafts for Domestic Service). The
Coast Guard's specific standards for inflatable buoyant apparatuses are
found in 46 CFR part 160, subpart 160.010 (Buoyant Apparatus for
Merchant Vessels). Current subpart 160.151 satisfies SOLAS
requirements, and current subparts 160.051 and 160.010 require
compliance with the standards in subpart 160.151, with some
specifically listed exceptions. See 46 CFR 160.051-1 and 160.010-3(a).
Subpart 160.151 implements SOLAS requirements by incorporating by
reference the IMO standards referenced by Chapter III of SOLAS. The
primary IMO standards referenced by Chapter III of SOLAS are the
``Revised recommendation on testing of life-saving appliances''
(Recommendation on Testing), IMO Resolution MSC.81(70), and the
``International Life-saving Appliance Code'' (LSA Code), IMO Resolution
MSC.48(66). The IMO updates these standards by adopting MSC resolutions
promulgating amendments to these standards.
In the 2011 interim rule, the Coast Guard revised subpart 160.151
to, among other things, update the version of the Recommendation on
Testing incorporated by reference, and incorporate by reference for the
first time the LSA Code. Subpart 160.151-5(d)(3) and (4) of Title 46 of
the CFR incorporate by reference the LSA Code (as amended up through
resolutions MSC.207(81), MSC.218(82), and MSC.272(85)), and the
Recommendation on Testing (as amended up through resolutions
MSC.226(82) and MSC.274(85)). Subparts 160.051 and 160.010 retain, with
some specifically listed exceptions, the requirement for compliance
with the standards in subpart 160.151, which will now also include the
updated versions of the Recommendation on Testing and the LSA Code.
IMO recently adopted two new MSC resolutions further amending the
LSA Code and the Recommendation on Testing: ``Adoption of Amendments to
the International Life-Saving Appliance (LSA) Code'' (MSC.293(87)) and
``Adoption of Amendments to the Revised Recommendation on Testing of
Life-Saving Appliances'' (MSC.295(87)).
Resolution MSC.293(87) amends the LSA Code and entered into force
on January 1, 2012. This resolution increases the assumed average mass
of liferaft occupants from 75 kg to 82.5 kg for inflatable liferaft
design and approval testing purposes.\1\
---------------------------------------------------------------------------
\1\ Although the numbers are similar, the assumed average
occupant mass of 82.5 kg (181.5 lbs) adopted by IMO for survival
craft design and approval testing purposes and the average passenger
weight of 185 lbs used in the Coast Guard's Passenger Weight and
Inspected Vessel Stability Requirements Final Rule (75 FR 78064) are
not related. The Passenger Weight Final Rule updated regulations
that address vessel stability and the assumed average passenger
weights that directly affect vessel stability. This rule, however,
would use the assumed average occupant mass of 82.5 kg (181.5 lbs)
to address safe loading of inflatable liferafts and buoyant
apparatuses, and does not address vessel stability. The IMO-adopted
assumed average occupant mass is the international consensus
standard, and the Coast Guard views this IMO standard as the best
standard in this context.
---------------------------------------------------------------------------
Resolution MSC.295(87) amends the Recommendation on Testing and
also entered into force on January 1, 2012. This resolution specifies
revisions necessary to account for this assumed average mass increase
with respect to certain existing tests. The tests required by the
Recommendation on Testing, Part 1 (Prototype Tests), significantly
affected by Resolution MSC.295(87), are: The jump test, loading and
seating test, davit-launched liferaft boarding test, damage test,
righting test, and davit-launched inflatable liferaft strength tests.
Based on these amendments, the Coast Guard is revising the
regulations modified by the 2011 interim rule to include the increased
average mass of liferaft occupants and to require liferaft performance
under subpart 160.151 to comply with the revisions to tests
necessitated by the occupant weight increase. This revision to subpart
160.151 will also, by extension, affect liferaft performance under
subpart 160.051 and inflatable buoyant apparatus performance under
subpart 160.010.
IV. Discussion of This Interim Rule
In this new interim rule, the Coast Guard is revising Sec.
160.151-5(d) to incorporate by reference Resolution MSC.293(87) and
Resolution MSC.295(87), and revising all references to the LSA Code and
Recommendation on Testing to include the newly incorporated by
reference Resolutions. References to the LSA Code will become ``LSA
Code, as amended by Resolution MSC.293(87),'' and references to the
Recommendation on Testing will become ``Revised recommendation on
testing, as amended by Resolution MSC.295(87).'' These revisions will
affect the tests in Sec. Sec. 160.151-27, 160.151-29, 160.151-31, and
160.151-57, which refer to the Recommendation on Testing. A complete
discussion of these changes is available in the SNPRM, published
October 11, 2011. 76 FR 62714.
The Coast Guard received one comment in response to the SNPRM. The
comment addresses the Coast Guard's expanded use of qualified
independent laboratories, instead of Coast Guard inspectors, during the
approval process and for production inspections of certain types of
lifesaving equipment. This comment is beyond the scope of the SNPRM and
this interim rule, which addresses the increase in occupant mass for
SOLAS life rafts based on two new IMO Resolutions only. The Coast Guard
sought public comment in the 2010 NPRM on the Coast Guard's proposal
regarding expanded use of independent laboratories, and finalized that
proposal in the 2011 interim rule. As stated in the 2011 interim rule,
the Coast Guard still finds the use of independent laboratories in the
Coast Guard's approval process to be ``the most effective manner'' of
executing and carrying out its obligations under 46 U.S.C. section
3306. See the discussion regarding the use of independent labs to
perform these inspections in III.B ``Independent Laboratories'' in the
Preamble of the interim rule published on October 11, 2011. The Coast
Guard did not make any changes to the regulations in response to this
comment.
[[Page 9861]]
In this interim rule, the Coast Guard is making non-substantive
changes to the citations for the IMO resolutions incorporated by
reference. The changes update the citations for IMO resolutions to make
them easier to identify and to obtain copies. These citation updates
have not changed the IMO resolutions or the versions of the IMO
resolutions from the SNPRM to the interim rule.
V. Incorporation by Reference
The Director of the Federal Register has approved the material in
46 CFR 160.151-5 for incorporation by reference under 5 U.S.C. 552 and
1 CFR part 51. You may inspect this material at U.S. Coast Guard
Headquarters where indicated under ADDRESSES. Copies of the material
are available from the sources listed in paragraph (d) of Sec.
160.151-5.
VI. Regulatory Analyses
The Coast Guard developed this interim rule after considering
numerous statutes and executive orders related to rulemaking. Below the
Coast Guard summarizes these analyses based on 14 of these statutes or
executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This interim rule has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, the interim rule has not been reviewed by the
Office of Management and Budget.
The Coast Guard received no comments that altered our assessment of
impacts in the SNPRM. We have found no additional data or information
that changed our findings in the NPRM. We have adopted the assessment
in the SNPRM for this rule as final.
The SNPRM is available in the docket where indicated under the
``Public Participation and Request for Comments'' section of this
preamble. A summary of the analysis follows: This interim rule
addresses the change in the international standard for occupant weight
used in testing equipment to establish the rated capacity of inflatable
liferafts and inflatable buoyant apparatuses. This interim rule revises
the occupant weight or ``assumed average occupant mass'' from the
current 75 kg to the new weight standard of 82.5 kg.
The Coast Guard issues a Certificate of Approval for inflatable
liferafts and inflatable buoyant apparatuses under the applicable
subpart in 46 CFR part 160 after successful testing of those appliances
by their manufacturers. A Certificate of Approval specifies the number
of occupants (or rated capacity) for which the inflatable liferaft or
inflatable buoyant apparatus is designed and has been successfully
tested, and the Certificate must be renewed every 5 years. New testing
is not required to renew a current Certificate, but new approval
requests require testing before a Certificate can be issued.
Costs
While this interim rule requires manufacturers to conduct prototype
and production tests for inflatable liferafts and inflatable buoyant
apparatuses manufactured on or after March 22, 2012 using the new
occupant weight standard, it would limit re-testing of currently
approved equipment, thus limiting the cost impact on manufacturers.
And, as discussed in section IV. Discussion of the Interim Rule
(referencing the complete discussion of the rule in the SNPRM,
published October 11, 2011 (76 FR 62714)), this interim rule does not
apply to liferafts currently in service aboard U.S. vessels; thus, no
vessel would incur replacement costs for liferafts. A summary of
changes to the baseline testing requirements is shown in Table 1.
Table 1--Summary of Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing equipment (approval prior to January 1, New equipment (approval after January 1,
2012) 2012)
Device Testing type ----------------------------------------------------------------------------------------------
Testing Impacts Testing Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOLAS Inflatable Liferafts Prototype testing.... Manufacturers must obtain Units with rated All tests use the Units with rated
(160.151). a new Certificate of capacity of less new occupant weight capacity of less
Approval certifying rated than 6 occupants are standard to than 6 occupants
occupancy using the new ineligible for SOLAS establish occupancy are ineligible for
occupant weight standard. service. rating. SOLAS service.
Manufacturers may either Costs of testing Costs of testing
re-test or have a unchanged as nature unchanged as nature
certification made using of the test is of the test is
previous test results unchanged. unchanged.
adjusted for the new
occupant weight standard.
Testing costs are
negligible on a unit cost
basis.
Production Testing... All tests use the new Costs of testing All tests use the Costs of testing
weight standard to unchanged as nature new occupant weight unchanged as nature
establish occupancy of the test is standard to of the test is
rating. unchanged. establish occupancy unchanged.
rating.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-SOLAS Inflatable Liferafts Prototype testing.... Existing Certificates of No cost or benefit as All tests use the Costs of testing
(160.051). Approval may be renewed the use of the new new occupant weight unchanged as nature
without re-testing. occupant weight standard to of the test is
standard is optional. establish occupancy unchanged.
rating.
---------------------------------------------------------------------------------------------------------------------
[[Page 9862]]
Production Testing... No cost or benefit. The use of the new occupant All tests use the Costs of testing
weight standard is optional for equipment new occupant weight unchanged as nature
manufactured under an existing Certificate of standard to of the test is
Approval. establish occupancy unchanged.
rating.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inflatable Buoyant Apparatus Prototype testing.... Existing Certificates of No cost or benefit as All tests use the Costs of testing
(160.010). Approval may be renewed the use of the new new occupant weight unchanged as nature
without re-testing. occupant weight standard to of the test is
standard is optional. establish occupancy unchanged.
rating.
---------------------------------------------------------------------------------------------------------------------
Production Testing... No cost or benefit. The use of the new occupant All tests use the Costs of testing
weight standard is optional for equipment new occupant weight unchanged as nature
manufactured under an existing Certificate of standard to of the test is
Approval. establish occupancy unchanged.
rating.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOLAS Inflatable Liferafts (Subpart 160.151)
As shown in Table 1 above, manufacturers of SOLAS inflatable
liferafts approved under subpart 160.151 (SOLAS liferafts) and
manufactured on or after March 22, 2012 are allowed the option of
either re-testing using the new occupant weight standard or requesting
certification for a lower rated occupancy (adjusted for the new
occupant weight standard) based on the certification testing submitted
for their current approval.
The principal cost impact for manufacturers of SOLAS liferafts will
be for currently approved inflatable liferafts whose rated capacity is
six using the current 75 kg occupant weight standard. Since SOLAS
requires that inflatable liferafts have a minimum capacity of six, any
SOLAS liferaft currently approved for six occupants will have to be re-
tested under the new occupant weight standard in order to retain
approval.
Currently, there are 10 manufacturers that produce 109 models of
SOLAS liferafts. Of these, there are 11 liferaft models (from eight
manufacturers) whose rated capacity is six (Table 2). These 11 models
will be required to re-test to maintain their SOLAS certification.
Three of these eight manufacturers are U.S. firms and they each produce
one model of inflatable liferaft with a rated occupancy of six
occupants. Of those three models, one model is designed primarily for
use in aircraft under a Federal Aviation Administration approval
number. The three models produced by U.S. firms and the eight models
manufactured by foreign firms will have to be re-tested in order to
verify a minimum occupancy rating under the new occupant weight
standard to be used on SOLAS vessels. From estimates obtained from
industry, we estimate the costs of re-testing for compliance with the
new occupant weight standard at $1,800 for each model.
We estimate the total cost to industry to re-test all current SOLAS
liferaft models as $19,800 ($14,400 for foreign manufacturers and
$5,400 for U.S.-owned manufacturers). See Table 2 below.
Table 2--SOLAS Liferafts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total number of
Total number of models of
Number of models of liferaft Cost to re-test Total cost to
Manufacturer manufacturers liferaft produced with an each SOLAS retest
produced occupancy rating liferaft
of 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Foreign owned................................................. 7 104 8 $1,800 $14,400
U.S. owned.................................................... 3 5 3 1,800 5,400
-----------------------------------------------------------------------------------------
Total..................................................... 10 109 11 1,800 19,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-SOLAS Inflatable Liferafts (Subpart 160.051) and Inflatable Buoyant
Apparatus (Subpart 160.010)
As shown earlier in Table 1, manufacturers of domestic service
inflatable liferafts under subpart 160.051 (domestic service liferafts)
and inflatable buoyant apparatuses under subpart 160.010 manufactured
on or after March 22, 2012 under current Certificates of Approval, have
the option of using either the old 75 kg or the new 82.5 kg occupant
weight standard. If a manufacturer of domestic service liferafts or a
manufacturer of inflatable buoyant apparatuses with current
Certificates of Approval chooses to use the new occupant weight
standard, it also has the option of either re-testing using the new
occupant weight standard or requesting re-certification for a lower
number of occupants (adjusted for the new occupant weight standard).
Manufacturers of domestic inflatable liferafts under subpart 160.051 or
inflatable buoyant apparatuses under 160.010 are required to use the
new occupant weight standard only when testing domestic inflatable
liferafts or
[[Page 9863]]
inflatable buoyant apparatuses approved after March 22, 2012.
In terms of the cost of the regulation:
1. While prototype testing for all SOLAS liferafts on or after
March 22, 2012, will have to employ the new occupant weight standard,
there is no additional cost in performing the required tests due to the
change in the testing weight because the nature of the test remains the
same.
2. Production testing of all SOLAS liferafts manufactured on or
after March 22, 2012 will require testing using the new occupant weight
standard. As with prototype testing, there is no additional cost in
performing the required tests due to the change in the testing weight
because the nature of the test remains the same.
3. For production testing of SOLAS liferafts, the manufacturer may
either request a certification with a lower maximum occupancy based on
the new occupant weight standard or re-test the equipment for
certification of its current rated capacity using the new occupant
weight standard.
4. The 11 models (three models made by U.S. manufacturers) of SOLAS
inflatable liferafts whose current rated capacity is six occupants,
would have to verify that they meet the minimum SOLAS requirements for
a capacity of six occupants at the new occupant weight standard if they
wish to continue their current SOLAS approval status.
5. For both prototype and production testing of domestic service
inflatable liferafts and inflatable buoyant apparatuses approved by the
Coast Guard prior to March 22, 2012 the manufacturer may test under
either the 75 kg or the 82.5 kg occupant weight standard with no change
to testing based on the new occupant weight standard.
6. For prototype and production testing of domestic service
inflatable liferafts and inflatable buoyant apparatuses approved on or
after March 22, 2012 the manufacturer must test under the 82.5 kg
occupant weight standard.
For inflatable liferafts approved under subpart 160.051 prior to
March 22, 2012 and inflatable buoyant apparatuses approved under
subpart 160.010 prior to March 22, 2012, the cost of testing equipment
at the higher occupant weight standard is voluntary, as domestic
liferafts and inflatable buoyant apparatuses may be certified using
either occupant weight standard. Likewise, equipment manufactured under
a current Certificate of Approval is required to be re-tested only if
the manufacturer elects to retain their current rated capacity for
their equipment under the higher occupant weight standard. However,
manufacturers have the option to reduce the current rated capacities of
their equipment to comply with the new occupant weight standard,
provided that the resulting capacity does not conflict with the minimum
required capacity applicable to that equipment.
Prototype and production testing of all SOLAS liferafts approved
under subpart 160.151 is required using the higher 82.5 kg occupant
weight standard. The Coast Guard has no evidence to suggest that
testing at the higher occupant weight standard will involve additional
testing costs for manufacturers because the nature of the test remains
the same.
Benefits
The principal benefit of the interim rule is the protection of life
at sea by establishing capacity standards for inflatable liferafts and
inflatable buoyant apparatuses reflecting a global increase in mariner
weights. Additionally, the rule ensures compliance with internationally
applicable standards for SOLAS adopted by IMO where noncompliance would
exclude the use of inflatable liferafts manufactured under subpart
160.151 aboard SOLAS vessels.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard has considered whether this rule will 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.
An SNPRM discussing the impact of this rule on small entities is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. In
the SNPRM, the Coast Guard certified under 5 U.S.C. 605(b) that the
rule would not have a significant economic impact on a substantial
number of small entities. We received no comments on this certification
and have made no changes that would alter our assessment of the impacts
in the SNPRM.
We have identified three U.S.-owned entities involved in the
manufacture of SOLAS liferafts manufactured under subpart 160.151. All
are business entities, and all are small entities. For manufacturers
seeking certification of equipment currently approved under subpart
160.151 whose rated capacity is six, re-testing at the higher occupant
weight standard will be required to retain their SOLAS approval status
since SOLAS inflatable liferafts must have a minimum rated capacity of
at least six. For the three models of liferafts currently approved
under subpart 160.151, the cost estimates for certification testing,
obtained from industry sources, are approximately $1,800 per liferaft,
for a total industry cost of $5,400 (3 liferaft models x $1,800 testing
cost per model). As each of the three U.S. owned small businesses
directly impacted by this rule will likely need to retest one model,
the costs to these three small businesses is $1,800 per business.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
interim rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist
small entities in understanding this rule so that they can better
evaluate its effects 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 consult Ms. Jacqueline Yurkovich,
Commercial Regulations and Standards Directorate, Office of Design and
Engineering Standards, Lifesaving and Fire Safety Division (CG-5214),
Coast Guard; email [email protected], telephone 202-372-1389. The
Coast Guard will not retaliate against individuals or small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
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).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 9864]]
E. 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.
The U.S. Supreme Court has long recognized the field preemptive
impact of the Federal regulatory regime for inspected vessels. See,
e.g., Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and the
consolidated cases of United States v. Locke and Intertanko v. Locke,
529 U.S. 89, 113-116 (2000). Therefore, the Coast Guard's view is that
regulations issued under the authority of 46 U.S.C. 3306 in the areas
of design, construction, alteration, repair, operation,
superstructures, hulls, fittings, equipment, appliances, propulsion
machinery, auxiliary machinery, boilers, unfired pressure vessels,
piping, electric installations, accommodations for passengers and crew,
sailing school instructors, sailing school students, lifesaving
equipment and its use, firefighting equipment, its use and
precautionary measures to guard against fire, inspections and tests
related to these areas and the use of vessel stores and other supplies
of a dangerous nature have preemptive effect over State regulation in
these fields, regardless of whether the Coast Guard has issued
regulations on the subject or not, and regardless of the existence of
conflict between the State and Coast Guard regulation.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, as these categories are within a field foreclosed
from regulation by the States (see U.S. v. Locke, above), the Coast
Guard recognizes the key role state and local governments may have in
making regulatory determinations. Additionally, Sections 4 and 6 of
Executive Order 13132 require that for any rules with preemptive
effect, the Coast Guard will provide elected officials of affected
state and local governments and their representative national
organizations the notice and opportunity for appropriate participation
in any rulemaking proceedings, and to consult with such officials early
in the rulemaking process. Therefore, we invited affected state and
local governments and their representative national organizations to
indicate their desire for participation and consultation in this
rulemaking. We received no such indications.
F. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This 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.
I. Protection of Children
The Coast Guard has analyzed this 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 might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will 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.
K. Energy Effects
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Coast Guard has 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.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule uses the following voluntary consensus standards:
Resolution MSC.293(87), Adoption of Amendments to the
International Life-Saving Appliance (LSA) Code;
Resolution MSC.295(87), Adoption of Amendments to the
Revised Recommendation on Testing of Life-Saving Appliances (Resolution
MSC.81(70)).
The sections that reference these standards and the locations where
these standards are available are listed in 46 CFR 160.151-5.
M. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))
Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L.
111-281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and
Seamen), Chapter 21 (General). New section 2118(a) sets forth
requirements for standards established for approved equipment required
on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part
B (Inspection and Regulation of Vessels). Those standards must be ``(1)
based on performance using the best available technology that is
economically achievable; and (2) operationally practical.'' See 46
U.S.C. 2118(a). This rule addresses lifesaving equipment for Coast
Guard approval that is required on vessels subject to 46 U.S.C.
Subtitle II, Part B, and the Coast Guard has ensured that this rule
satisfies the requirements of 46 U.S.C. 2118(a), as necessary.
N. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.lD, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that this action
is
[[Page 9865]]
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
regulations which are editorial, regulations concerning equipping of
vessels, and regulations concerning vessel operation safety standards.
This rule is categorically excluded under Section 2.B.2, Figure 2-1,
paragraphs (34)(a) and (d) of the Instruction and under paragraph 6(a)
of the ``Appendix to National Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions, Notice of Final Agency Policy''
(67 FR 48243, July 23, 2002). An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 46 CFR Part 160
Marine safety, Incorporation by reference, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 160 as follows:
PART 160--LIFESAVING EQUIPMENT
0
1. The authority citation for part 160 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 160.151--Inflatable Liferafts (SOLAS)
0
2. Amend Sec. 160.151-5 by adding paragraphs (d)(5) and (d)(6) to read
as follows:
Sec. 160.151-5 Incorporation by reference.
* * * * *
(d) * * *
(5) Annex 7 to MSC 87/26, Report of the Maritime Safety Committee
on its Eighty-Seventh Session, ``Resolution MSC.293(87), Adoption of
Amendments to the International Life-Saving Appliance (LSA) Code,''
(adopted May 21, 2010), IBR approved for Sec. Sec. 160.151-7, 160.151-
15, 160.151-17, 160.151-21, 160.151-29, and 160.151-33 (``Resolution
MSC.293(87)'').
(6) Annex 9 to MSC 87/26, Report of the Maritime Safety Committee
on its Eighty-Seventh Session, ``Resolution MSC.295(87), Adoption of
Amendments to the Revised Recommendation on Testing of Life-Saving
Appliances (Resolution MSC.81(70)),'' (adopted May 21, 2010), IBR
approved for Sec. Sec. 160.151-21, 160.151-27, 160.151-29, 160.151-31,
and 160.151-57 (``Resolution MSC.295(87)'').
* * * * *
Sec. 160.151-7 [Amended]
0
3. Amend Sec. 160.151-7 by removing the words ``IMO LSA Code''
wherever they appear and adding, in their place, the words ``IMO LSA
Code, as amended by Resolution MSC.293(87)''.
Sec. 160.151-15 [Amended]
0
4. Amend Sec. 160.151-15 by removing the words ``IMO LSA Code''
wherever they appear and adding, in their place, the words ``IMO LSA
Code, as amended by Resolution MSC.293(87)''.
Sec. 160.151-17 [Amended]
0
5. Amend Sec. 160.151-17 by removing the words ``IMO LSA Code''
wherever they appear and adding, in their place, the words ``IMO LSA
Code, as amended by Resolution MSC.293(87)''.
Sec. 160.151-21 [Amended]
0
6. Amend Sec. 160.151-21 as follows:
0
a. Remove the words ``IMO LSA Code'' wherever they appear and add, in
their place, the words ``IMO LSA Code, as amended by Resolution
MSC.293(87)''; and
0
b. In paragraph (f), remove the words ``IMO Revised recommendation on
testing'' and add, in their place, the words ``IMO Revised
recommendation on testing, as amended by Resolution MSC.295(87)''.
Sec. 160.151-27 [Amended]
0
7. Amend Sec. 160.151-27 by removing the words ``IMO Revised
recommendation on testing'' wherever they appear and adding, in their
place, the words ``IMO Revised recommendation on testing, as amended by
Resolution MSC.295(87)''.
Sec. 160.151-29 [Amended]
0
8. Amend Sec. 160.151-29 as follows:
0
a. In the introductory text, remove the words ``IMO LSA Code'' and add,
in their place, the words ``IMO LSA Code, as amended by Resolution
MSC.293(87)''; and
0
b. In the introductory text, remove the words ``IMO Revised
recommendation on testing'' and add, in their place, the words ``IMO
Revised recommendation on testing, as amended by Resolution
MSC.295(87)''.
Sec. 160.151-31 [Amended]
0
9. Amend Sec. 160.151-31 by removing the words ``IMO Revised
recommendation on testing'' wherever they appear and adding, in their
place, the words ``IMO Revised recommendation on testing, as amended by
Resolution MSC.295(87)''.
Sec. 160.151-33 [Amended]
0
10. Amend Sec. 160.151-33 by removing the words ``IMO LSA Code''
wherever they appear and adding, in their place, the words ``IMO LSA
Code, as amended by Resolution MSC.293(87)''.
Sec. 160.151-57 [Amended]
0
11. Amend Sec. 160.151-57 by removing the words ``IMO Revised
recommendation on testing'' wherever they appear and adding, in their
place, the words ``IMO Revised recommendation on testing, as amended by
Resolution MSC.295(87)''.
Dated: February 1, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-3869 Filed 2-17-12; 8:45 am]
BILLING CODE 9110-04-P