[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Rules and Regulations]
[Pages 19937-19943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7791]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 160
[Docket No. USCG-2011-0076]
RIN 1625-AB60
Inflatable Personal Flotation Devices
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is harmonizing structural and performance
standards for inflatable recreational personal flotation devices (PFDs)
with current voluntary industry consensus standards. The Coast Guard is
also slightly modifying regulatory text in anticipation of a future
rulemaking addressing the population for which inflatable recreational
PFDs are approved, but is not changing the current affected population.
DATES: This rule is effective May 3, 2012. The Director of the Federal
Register has approved the incorporation by reference of certain
publications listed in this rule as of May 3, 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-2011-0076 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-2011-0076 in the ``Keyword'' box, and then clicking
``Search.''
Viewing incorporation by reference material. You may inspect the
material incorporated by reference at Lifesaving and Fire Safety
Division (CG-5214), U.S. Coast Guard Headquarters, 2100 Second Street
SW., Stop 7126, Washington, DC 20593-7126 between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-372-1394. 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,
call or email Ms. Brandi Baldwin, Lifesaving and Fire Safety Division
(CG-5214), U.S. Coast Guard, telephone 202-372-1394, email
[email protected]. 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 Comments and Changes
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. 2010 Coast Guard Authorization Act Sec. 608 (46 U.S.C.
2118(a))
N. Environment
[[Page 19938]]
I. Abbreviations
ANSI American National Standards Institute
CFR Code of Federal Regulations
CGMIX Coast Guard Marine Information Exchange
DHS Department of Homeland Security
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFD Personal flotation device
STP Standards Technical Panel
UL Underwriters Laboratories
USCG United States Coast Guard
II. Regulatory History
On March 30, 2011, the Coast Guard published a direct final rule
entitled ``Inflatable Personal Flotation Devices'' in the Federal
Register. 76 FR 17561. We received three submissions in response to the
direct final rule: one supportive of the rulemaking generally, one
which raised questions about a revision to one of the standards
incorporated by reference, and one adverse comment related to the
deletion of the words ``approved for use by adults only'' from the
regulations. Because we received an adverse comment, on September 13,
2011, the Coast Guard withdrew the direct final rule in a notice of
withdrawal. 76 FR 56294. On September 29, 2011, the Coast Guard issued
a notice of proposed rulemaking (NPRM) proposing the same content as
the direct final rule, with one change to update a version of an
industry standard proposed for incorporation by reference. 76 FR 60405.
The NPRM also summarized and sought comment on the comments received in
response to the direct final rule.
III. Basis and Purpose
The Coast Guard is charged with establishing minimum safety
standards, and procedures and tests required to measure conformance
with those standards, for recreational vessels and associated
equipment. See 46 U.S.C. 4302, and Homeland Security Delegation No.
0170.1, section II, paragraph (92)(b). Under this authority, in 1995,
the Coast Guard promulgated regulations establishing structural and
performance standards for inflatable recreational PFDs, and procedures
and tests necessary for Coast Guard approval of PFDs meeting those
standards. See 46 CFR part 160, subpart 160.076 (Inflatable
Recreational Personal Flotation Devices); 60 FR 32836 (June 23, 1995).
Subpart 160.076 incorporates by reference three Underwriters
Laboratories (UL) Standards: UL 1180, ``Fully Inflatable Recreational
Personal Flotation Devices'' (First Edition); UL 1191, ``Components for
Personal Flotation Devices'' (Second Edition); and UL 1123, ``Marine
Buoyant Devices'' (Fifth Edition). 46 CFR 160.076-11.
The editions of these UL Standards currently incorporated by
reference into subpart 160.076 were current when the Coast Guard
promulgated subpart 160.076 in 1995. However, UL has since published
newer editions of these standards that the Coast Guard considers to
contain technological and safety developments since 1995 that are
important to codify in subpart 160.076. In this rule, the Coast Guard
is updating the editions of the UL Standards incorporated by reference
in subpart 160.076.
In this final rule, the Coast Guard is also facilitating and
encouraging the continuation of the industry consensus standards
development process by signaling that the Coast Guard will consider, as
part of a possible future rulemaking, the appropriateness of inflatable
PFDs for wearers under 16 years of age and any new industry consensus
standard addressing inflatable PFDs for wearers under 16 years of age.
This rulemaking, however, does not constitute approval of the use of
inflatable PFDs for users under 16 years of age or a proposal for such
approval, nor does it resolve any technical issues regarding use of
inflatable PFDs by persons under 16 years of age.
IV. Discussion of Comments and Changes
The Coast Guard is revising 46 CFR part 160, subpart 160.076 to
update the editions of the UL Standards incorporated by reference and
to make necessary conforming changes resulting from incorporating the
updated standards. The conforming changes include removing test
methods, acceptance criteria, and other standards currently contained
in subpart 160.076 that are made redundant by the newer editions of the
UL Standards. The Coast Guard is also making minor, non-substantive
editorial revisions to regulatory text in subpart 160.076. A complete
discussion of these changes is available in the NPRM, published
September 29, 2011. 76 FR 60405.
In response to the direct final rule, which included the same
content as proposed in the NPRM, the Coast Guard received three
submissions: one supportive of the rulemaking generally, one that
raised questions about a revision to one of the standards incorporated
by reference, and one adverse comment related to the deletion of the
words ``approved for use by adults only'' from the regulations. The
commenter who expressed support cited the removal of barriers to the
development of innovative inflatable PFDs as leading to an expected
improvement in the quality and variety of inflatable lifejackets
available to the public. The Coast Guard appreciates the support.
The comment raising questions about a revision to one of the
standards was resolved by a subsequent revision to UL 1191 following
publication of the direct final rule which addressed that commenter's
concern. In the NPRM, the Coast Guard proposed incorporating by
reference the revised UL 1191.
The adverse comment expressed concern that deleting the words
``approved for use by adults only'' would create a perception that
inflatable PFDs for youth would be available on the date the rule went
into effect, would facilitate teens using existing inflatable PFDs, and
would enable marketing of existing inflatable PFDs to youth.
The Coast Guard does not agree. This rulemaking does not affect the
population for which inflatable PFDs are approved, and thus does not
affect the availability, use, or marketing of existing PFDs to or by
the youth population, or sizing requirements. As stated in the direct
final rule, inflatable PFDs will not be approved for persons under 16
years of age until such time as the Coast Guard identifies, and
incorporates by reference into Coast Guard regulations through a
possible future rulemaking, a suitable industry standard that addresses
the needs of younger wearers.
Since there is no prohibition on manufacturing or marketing any
inflatable PFD that is not approved by the Coast Guard (provided that
it is not marked as Coast Guard-approved), this final rule has no
effect on what PFDs are available or to whom they are marketed.
Moreover, as noted in the direct final rule and in the NPRM, the
removal of the words ``approved for adults only'' has no substantive
effect on Coast Guard approval of inflatable PFDs. UL Standard 1180
limits the approval of inflatable PFDs to persons of at least 16 years
of age, and thus this final rule, which incorporates by reference a
newer version of UL Standard 1180 (the Fourth Edition), continues to
set the age limit for approved users of inflatable PFDs at 16 years of
age. By removing the words ``approved for use by adults only,'' this
final rule eliminates a regulatory redundancy specifying that
inflatable PFDs approved by the Coast Guard are for use by adults only;
after all, the
[[Page 19939]]
minimum age for use at 16 years of age is already specified in the
standard incorporated by reference. Additionally, included within UL
1180 (both the currently-incorporated First Edition and the Fourth
Edition incorporated by this final rule) is the marking and labeling
required for all Coast Guard-approved inflatable PFDs. Specifically,
both editions of UL 1180 require a marking stating that the device is
``USCG [a]pproved for use only on recreational boats by persons at
least 16 years of age.'' As this marking appears on all currently
approved inflatable PFDs, it is not reasonable to believe that these
devices would be marketed to persons under 16 years of age.
The adverse comment also expressed concern that this rulemaking is
premature in light of work that still needs to be done to evaluate
sizing requirements for infant or child PFDs. While the Coast Guard
agrees that there is benefit to conducting additional research into the
anatomical requirements for children and infants, this rulemaking is
not premature because it does not make any changes based on current
research. As noted in the direct final rule and the NPRM, this
rulemaking does not resolve technical issues regarding use of
inflatable PFDs by persons under 16 years of age. In fact, this final
rule removes a perceived regulatory barrier to completing the necessary
research and taking the steps to develop appropriate design,
construction and testing standards for inflatable PFDs for persons
under 16 years of age. The UL Standards Technical Panel (STP) views the
words ``approved for use by adults only'' as prohibiting the
development of a standard regarding use of inflatable PFDs by persons
under 16 years of age. By removing these words, the Coast Guard is
signaling that we will consider, as part of a possible future
rulemaking, the appropriateness of inflatable PFDs for persons under 16
years of age, and any new industry consensus standard addressing such
inflatable PFDs. The Coast Guard recognizes that there are technical
issues still to be resolved regarding use of inflatable PFDs by persons
under 16 years of age, and this rulemaking demonstrates the Coast
Guard's commitment to supporting industry and the STP in pursuing
resolution of those issues.
In the NPRM, the Coast Guard sought comment on the comments to the
direct final rule, as well as comments on the rule in general. In
response to the NPRM, the Coast Guard received 181 submissions.
The majority of commenters misinterpreted this rulemaking as either
proposing the approval or use of inflatable PFDs for persons under 16
years of age, or proposing PFD use requirements, generally. As
described above, this rulemaking makes no substantive change to the
current age or weight requirements for Coast Guard approval of
inflatable PFDs or the population for which they are approved.
Additionally, this rulemaking does not address any requirements for PFD
use or wear. As such, the majority of comments are outside the scope of
this rulemaking. If the Coast Guard identifies a suitable standard for
the approval of inflatable PFDs for persons under 16 years of age, and
initiates a separate rulemaking, the Coast Guard will consider the
comments addressing use of inflatable PFDs submitted to this
rulemaking's docket as part of that separate, future rulemaking.
Other commenters provided suggestions for revising PFD requirements
generally, or revising carriage requirements, or expressed other
concerns relating to PFDs generally. These comments also are beyond the
scope of this rulemaking since this rulemaking only addresses Coast
Guard approval of inflatable PFDs for persons 16 years of age and
older.
The comments addressing the substance of this rule were generally
supportive. Several of these commenters also provided direct responses
to the adverse comment. The Coast Guard appreciates this support and
agrees with the responses to the adverse comment for the same reasons
the Coast Guard disagrees with the substance of the adverse comment, as
discussed above.
One commenter suggested that the regulatory text should be revised
to limit the use of inflatable PFDs to users ages 13 and up rather than
leave the establishment of a lower age limit to the standards
development organization. The Coast Guard does not agree. The Coast
Guard is in fact establishing a lower age limit--which is 16 years of
age--consistent with the current age limit. The Coast Guard is
establishing this age limit not through specific regulatory text, but
by incorporating by reference UL 1180 (Fourth Edition), which retains
the age limit of 16 years of age in the currently-incorporated UL 1180
(First Edition).
Several commenters noted that the UL STP has already set the
appropriate performance criteria to ensure that inflatable PFDs are
safe, and other commenters indicated potential confusion over the role
of the STP in developing industry consensus standards and the Coast
Guard's role in incorporating those standards into its regulations. The
Coast Guard agrees that the STP, of which the Coast Guard is a member,
is the appropriate consensus body to develop these standards, and the
Coast Guard supports its work. The Coast Guard clarifies that the STP,
an independent, consensus industry group, is the forum for developing
the appropriate standards for the design, construction, and testing of
inflatable PFDs, and the Coast Guard encourages all interested parties
to participate in the standards development process via the STP. Once
the STP has developed and adopted any new standard, the Coast Guard
will consider whether it is appropriate to incorporate the standard
into Coast Guard rules. If so, the Coast Guard will initiate a
rulemaking to solicit public input on its determination.
Some commenters encouraged the Coast Guard to set a new limit of 13
years of age to guide or limit the STP's work in developing a new
industry consensus standard. This rulemaking does not address use of
inflatable PFDs by persons under 16 years of age, and the Coast Guard
does not agree that it should guide or limit the work of the STP, which
is an independent, consensus industry group. The Coast Guard is only
one of over 20 members of this group that is designed to have a
balanced membership. The STP should develop and adopt a standard that
the STP membership considers to meet the goals of the STP, and the
Coast Guard will separately decide whether to incorporate the STP-
adopted standard into Coast Guard regulations. In the event that the
STP develops a standard which does not achieve all of the criteria that
the Coast Guard determines--on its own or based on public comment
during the rulemaking--are necessary to ensure the safety of these
devices, the Coast Guard may impose additional restrictions via
regulations to ensure public safety. Additionally, any restrictions on
the STP's work, such as an age limit, could ultimately become or lead
to a barrier to innovation.
Several commenters expressed concerns regarding development of
consensus standards without sufficient research. The Coast Guard
acknowledges these concerns but notes that development of consensus
standards regarding inflatable PFDs is done by the STP. The Coast Guard
considers the appropriateness of standards for incorporation into Coast
Guard regulations, which could include consideration of the basis for
the standard. As stated previously, although one of the purposes of
this rulemaking is to allow for continued discussion of the technical
matters relative to
[[Page 19940]]
development of a standard regarding use of inflatable PFDs for persons
under 16 years of age, this rulemaking does not have any substantive
effect on the requirements for Coast Guard approval of inflatable PFDs.
One commenter referred to Coast Guard approval as a ``seal of
safety.'' The Coast Guard points out that this is not an accurate
statement. Coast Guard approval does not indicate or affect which PFDs
may be manufactured and sold to the public. Coast Guard approval of any
lifesaving or marine equipment, including PFDs, is available only for,
and applicable only to, that equipment required by U.S. or
international regulations to be carried or installed onboard vessels.
46 CFR 2.75-1. Coast Guard approval simply indicates that the specified
equipment satisfies U.S. carriage requirements, and does not in any way
confer an endorsement of the product. Likewise, the absence of Coast
Guard approval on a product does not imply that the product is unsafe;
it only indicates that product has not been demonstrated to satisfy the
relevant standards for approval. This final rule with updated standards
does not affect inflatable PFDs previously approved by Coast Guard.
One commenter supported the use of additional laboratories in the
testing of PFDs for approval. The Coast Guard clarifies that this
rulemaking does not affect the requirements for recognition of
independent labs in accordance with 46 CFR 159.010, but rather
identifies a more suitable means for providing the public with the list
of labs recognized for this purpose. Prior to the availability of a
web-based searchable list of labs, such as that contained on the Coast
Guard Marine Information Exchange (CGMIX) Web site, all recognized
laboratories were listed directly in the regulatory text, and a
rulemaking was required to update the list when the information
changed. By replacing the list in the regulations with a reference to
CGMIX, the public has access to the complete list, in real time,
without the Coast Guard having to initiate a rulemaking to update the
list. This approach is consistent with the other subparts in subchapter
Q that address Coast Guard approval of marine equipment. See, e.g., 45
CFR subparts 160.115, 160.132, 160.133, and 160.135.
One commenter indicated concern about the availability of technical
specifications and standards being incorporated by reference. The Coast
Guard notes that the direct final rule and NPRM provided a summary of
the changes between the editions of the UL Standards currently
contained in 46 CFR part 160, subpart 160.076 and the newer editions
being incorporated by reference, in order to provide notice of the
changes in technical specifications in Coast Guard regulations. The
Coast Guard also notes that the direct final rule and the NPRM
specified that the UL standards incorporated by reference in this rule
are available from UL and provided necessary contact information.
One commenter pointed out typos in the NPRM preamble where 160.076
was mistakenly referred to as 160.067. The Coast Guard appreciates the
input and confirms that those references apply to subpart 160.076.
In response to these comments, the Coast Guard made only non-
substantive changes to format and to fix any typographical errors in
the rule.
V. Incorporation by Reference
The Director of the Federal Register has approved the material in
46 CFR 160.076-11 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 (b) of Sec.
160.076-11.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our 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 final rule has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, the final rule has not been reviewed by the Office
of Management and Budget.
We received no comments that would alter our assessment of impacts
in the NPRM. We have found no additional data or information that would
change our assessment of the impacts in the NPRM. We have adopted the
analysis in the NPRM for this rule as final. A summary of the analysis
follows:
The Coast Guard does not expect this rule to result in additional
costs to industry, as manufacturers of Coast Guard-approved inflatable
PFDs already follow the editions of the UL Standards being incorporated
by reference into 46 CFR part 160, subpart 160.076 by this rule. The
Coast Guard requires approval tests to be performed by an independent
laboratory recognized by the Coast Guard under 46 CFR part 159, subpart
159.010. Currently, UL is the only recognized independent laboratory
for inflatable PFDs, and UL requires manufacturers to conform to its
most current standards, which are the editions being incorporated by
reference into subpart 160.076. Additionally, UL offers a certification
for those recreational inflatable PFDs that conform to UL's most
current standards. The UL certification provides a product liability
benefit to manufacturers, and obtaining the UL certification has become
an industry custom for manufacturers of commercially-sold recreational
inflatable PFDs.
As described above, industry is currently following the editions of
the UL Standards incorporated by reference into subpart 160.076 in this
rule, and PFD manufacturers will adhere to these standards regardless
of whether this rule is promulgated. Therefore, this modification to 46
CFR part 160, subpart 160.076 is not expected to impose a burden on
industry.
In addition, the Coast Guard does not expect that removing the
language ``approved for use by adults only'' in 46 CFR 160.076-1 will
have a substantive impact because the standards approved by this
rulemaking retain with the current age and weight limitations. As
discussed above in the ``Discussion of the Rule'' section in this
preamble, the age and weight limitations found in editions of the UL
Standards long incorporated in subpart 160.076 are retained in the
newer editions of the UL Standards incorporated by reference into
subpart 160.076. The remaining changes to subpart 160.076 are minor
editorial updates. For additional details, please see the ``Discussion
of the Rule'' section in the NPRM, published September 29, 2011. 76 FR
60405.
The primary benefit of this rule is the increase in regulatory
efficiencies in the maritime community by harmonizing Coast Guard
regulations in 46 CFR part 160, subpart 160.076 with current voluntary
industry consensus standards. This rule will result in greater
consistency between Coast Guard regulations and consensus standards and
will reduce burdens on
[[Page 19941]]
manufacturers who currently have to maintain multiple editions of the
UL Standards to comply with Coast Guard regulations, to use UL as an
independent laboratory to perform required tests, and to obtain the UL
certification. This rule will also result in better compliance with the
National Technology Transfer and Advancement Act (NTTAA), which directs
agencies to use voluntary consensus standards in their regulatory
activities.
Because the rule harmonizes subpart 160.076 with existing UL
Standards, ambiguity associated with inflatable PFD standards will be
reduced. Harmonization of these standards is important to fulfill the
Coast Guard's mission of establishing minimum safety standards, and
procedures and tests required to measure conformance with those
standards, for recreational vessels and associated equipment.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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
people.
In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed
rule would not have a significant economic impact on a substantial
number of small entities. We received no public comments that would
alter our certification in the NPRM. We have found no additional data
or information that would change our findings in the NPRM.
The Coast Guard estimates that this rule will not have an impact on
small entities. As described in the ``Regulatory Planning and Review''
subsection, we do not expect this rule to result in additional costs to
industry. However, this rule will improve efficiency by providing
consistency between Coast Guard regulations and UL Standards.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
final 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), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy 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).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
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 the 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
We have 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 will not create an
environmental risk to health or risk to safety that may
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 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.
K. Energy Effects
We have analyzed this 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The 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: UL
1123, ``UL Standard for Safety for Marine Buoyant Devices''; UL 1180,
``UL Standard for Safety for Fully Inflatable Recreational Personal
Flotation Devices''; and UL 1191, ``UL Standard for Safety for
Components for Personal Flotation Devices.'' The section that
references
[[Page 19942]]
these standards and the locations where these standards are available
are listed in 46 CFR 160.076-11.
M. 2010 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 inflatable recreational PFDs for
Coast Guard approval that are 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
Management 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 one of a category of actions that does not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under section 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). This rule involves inflatable PFD
standards and falls under regulations concerning safety equipment. 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 is revised 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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 160.076-1(b) to read as follows:
Sec. 160.076-1 Scope.
* * * * *
(b) Inflatable PFDs approved under this subpart rely entirely upon
inflation for buoyancy.
Sec. 160.076-7 [Amended]
0
3. Amend Sec. 160.076-7(b) by adding the words ``(incorporated by
reference, see Sec. 160.076-11)'' after the words ``UL 1180''.
Sec. 160.076-9 [Amended]
0
4. Amend Sec. 160.076-9(b) by adding the words ``(incorporated by
reference, see Sec. 160.076-11)'' after the words ``UL 1180''.
0
5. Amend Sec. 160.076-11 as follows:
0
a. In paragraph (a), after the words ``one listed in'', remove the
words ``paragraph (b) of''; and
0
b. Revise paragraph (b) to read as follows:
Sec. 160.076-11 Incorporation by reference.
* * * * *
(b) Underwriters Laboratories (UL) Underwriters Laboratories, Inc.,
333 Pfingsten Road, Northbrook, IL 60062-2096 (Phone (847) 272-8800;
Facsimile: (847) 272-8129; Web site: www.ul.com).
(1) UL 1123, UL Standard for Safety for Marine Buoyant Devices,
Seventh Edition including revisions through February 14, 2011, (dated
October 1, 2008), (``UL 1123''), incorporation by reference approved
for Sec. 160.076-35.
(2) UL 1180, UL Standard for Safety for Fully Inflatable
Recreational Personal Flotation Devices, Second Edition including
revisions through December 3, 2010, (dated February 13, 2009), (``UL
1180''), incorporation by reference approved for Sec. Sec. 160.076-7;
160.076-9; 160.076-21; 160.076-23; 160.076-25; 160.076-31; 160.076-37;
and 160.076-39.
(3) UL 1191, UL Standard for Safety for Components for Personal
Flotation Devices, Fourth Edition including revisions through August
24, 2011, (dated December 12, 2008), (``UL 1191''), incorporation by
reference approved for Sec. Sec. 160.076-21; 160.076-25; 160.076-29;
and 160.076-31.
0
6. Revise Sec. 160.076-19 to read as follows:
Sec. 160.076-19 Recognized laboratories.
The approval and production oversight functions that this subpart
requires to be conducted by a recognized laboratory must be conducted
by an independent laboratory recognized by the Coast Guard under
subpart 159.010 of part 159 of this chapter to perform such functions.
A list of recognized independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
0
7. Revise Sec. 160.076-21 to read as follows:
Sec. 160.076-21 Component materials.
Each component material used in the manufacture of an inflatable
PFD must--
(a) Meet the applicable requirements of subpart 164.019 of this
chapter, UL 1191 and UL 1180 (incorporated by reference, see Sec.
160.076-11), and this section; and
(b) Be of good quality and suitable for the purpose intended.
Sec. 160.076-23 [Amended]
0
8. Amend Sec. 160.076-23(a)(1) by adding the words ``(incorporated by
reference, see Sec. 160.076-11)'' after the words ``UL 1180''.
0
9. Amend Sec. 160.076-25 as follows:
0
a. In paragraph (a), after the words ``UL 1180'', add the words
``(incorporated by reference, see Sec. 160.076-11)'';
0
b. Remove and reserve paragraph (c); and
0
c. Revise paragraph (d) to read as follows:
Sec. 160.076-25 Approval testing.
* * * * *
(d) Each PFD design must be visually examined for compliance with
the construction and performance requirements of Sec. Sec. 160.076-21
and 160.076-23 and UL 1180 and UL 1191 (incorporated by reference, see
Sec. 160.076-11).
* * * * *
0
10. Amend Sec. 160.076-29 as follows:
0
a. In paragraph (d), remove the words ``in accordance with UL 1180'';
and
0
b. Revise paragraph (e)(4)(i) to read as follows:
Sec. 160.076-29 Production oversight.
* * * * *
(e) * * *
(4) * * *
(i) Samples must be selected from each lot of incoming material.
Unless otherwise specified, Table 29.1 of UL 1191 (incorporated by
reference, see Sec. 160.076-11) prescribes the number of samples to
select.
* * * * *
Sec. 160.076-31 [Amended]
0
11. Amend Sec. 160.076-31 as follows:
[[Page 19943]]
0
a. In paragraph (c)(1), remove the words ``The average and individual
results of testing the minimum number of samples prescribed by Sec.
160.076-25(d)(2)'' and add, in their place, the words ``The materials
in each inflatable chamber''; and remove the words ``Sec. 160.076-
21(b) and (c)'' and add, in their place, the words ``Table 29.1 of UL
1191 (incorporated by reference, see Sec. 160.076-11)'';
0
b. In paragraph (c)(2), remove the words ``Sec. 160.076-21(d)(2)(iv).
The results for each inflation chamber must be at least 90% of the
results obtained in approval testing'' and add, in their place, the
words ``Table 29.1 of UL 1191'';
0
c. In paragraph (c)(3), after the words ``UL 1180'', add the words
``(incorporated by reference, see Sec. 160.076-11)'', and remove the
number ``7.15'', and add, in its place, the number ``41'';
0
d. In paragraph (c)(4), after the words ``UL 1180 section'', remove the
number ``7.16'', and add, in its place, the number ``42'';
0
e. In paragraph (c)(5), after the words ``UL 1180 section'', remove the
words ``7.2.2-7.2.10, except 7.2.5'' and add, in their place, the
number ``29''; and
0
f. In paragraph (c)(6), after the words ``UL 1180 section'', remove the
words ``7.4.1 and .2'' and add, in their place, the number ``31''.
Sec. 160.076-35 [Amended]
0
12. Amend Sec. 160.076-35 by adding the words ``(incorporated by
reference, see Sec. 160.076-11)'' after the words ``UL 1123''.
Sec. 160.076-37 [Amended]
0
13. Amend Sec. 160.076-37(b) by removing the words ``section 11 of''
after the words ``specified in'' and by adding the words
``(incorporated by reference, see Sec. 160.076-11)'' after the words
``UL 1180''.
Sec. 160.076-39 [Amended]
0
14. Amend Sec. 160.076-39 as follows:
0
a. In paragraph (a), remove the words ``section 10'' and add, in their
place, the words ``(incorporated by reference, see Sec. 160.076-11)'';
and
0
b. Remove paragraph (e).
Dated: March 22, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-7791 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P