Lifesaving Equipment: Production Testing and Harmonization With International Standards, 62714-62722 [2011-25032]
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§ 254.14
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules
Exchange agreement.
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(6) In the event of an appeal under 36
CFR part 214 or 215, a decision to
approve an exchange proposal pursuant
to § 254.13 of this subpart is upheld;
and
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37. In § 254.15, revise the last
sentence of paragraph (c)(2) to read as
follows:
§ 254.15
Title standards.
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(2) * * * If an agreement cannot be
reached, the authorized officer shall
consider other alternatives to
accommodate the authorized use or
shall determine whether there are
specific and compelling reasons in the
public interest for revoking the
authorization for that use pursuant to 36
CFR 251.60.
PART 292—NATIONAL RECREATION
AREAS
Subpart C—Sawtooth National
Recreation Area—Private Lands
38. The authority citation for part 292,
subpart C, continues to read as follows:
Authority: Sec. 4(a), Act of Aug. 22, 1972
(86 Stat. 613).
39. In § 292.15, revise paragraph (l) to
read as follows:
§ 292.15
General provisions—procedures.
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(l) Denial or revocation of a
certification of compliance under this
subpart is subject to appeal under 36
CFR part 214.
Subpart D—Sawtooth National
Recreation Area—Federal Lands
40. The authority citation for part 292,
subpart D, is revised to read as follows:
Authority: 16 U.S.C. 460aa–10, 478, 551.
41. In § 292.18, revise paragraph (f) to
read as follows:
§ 292.18
Mineral resources.
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(f) Operating plans—suspension,
revocation, or modification. The
authorized officer may suspend or
revoke authorization to operate in whole
or in part where such operations are
causing substantial impairment which
cannot be mitigated. At any time during
operations under an approved operating
plan, the operator may be required to
modify the operating plan to minimize
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or avoid substantial impairment of the
values of the SNRA.
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Dated: September 16, 2011.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2011–24366 Filed 10–7–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
below for instructions on submitting
comments.
Viewing incorporation by reference
material: You may inspect the material
proposed for incorporation by reference
at 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 202–372–1385.
Copies of the material are available as
indicated in the ‘‘Incorporation by
Reference’’ section of this preamble.
If
you have questions on this proposed
rule, call Mr. Kurt Heinz, Commercial
Regulations and Standards Directorate,
Office of Design and Engineering
Standards, Lifesaving and Fire Safety
Division (CG–5214), Coast Guard,
telephone 202–372–1395, or e-mail
Kurt.J.Heinz@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
46 CFR Part 160
[USCG–2010–0048]
RIN 1625–AB46
Lifesaving Equipment: Production
Testing and Harmonization With
International Standards
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the interim rule addressing
lifesaving equipment published in this
same issue of the Federal Register to
harmonize Coast Guard regulations for
inflatable liferafts and inflatable
buoyant apparatuses with recently
adopted international standards
affecting capacity requirements for such
lifesaving equipment. The Coast Guard
seeks comments on this proposal.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before November 25, 2011 or reach
the Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0048 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Executive Order 12866 and Executive
Order 13564
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. Public Participation and Request for
Comments
The Coast Guard encourages you to
participate in this rulemaking by
submitting comments and related
materials. All comments received will
be posted, without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0048),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online, or by fax, mail, or hand
delivery, but please use only one of
these means. The Coast Guard
recommends that you include your
name and a mailing address, an e-mail
address, or a phone number in the body
of your document so that the Coast
Guard can contact you if the Coast
Guard has questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and click on
the ‘‘submit a comment’’ box, which
will then become highlighted in blue.
Insert ‘‘USCG–2010–0048’’ in the
Keyword box, click ‘‘Search’’, and then
click on the balloon shape in the
Actions column. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard will consider all
comments and material received during
the comment period and may change
this proposed rule in view of your
comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
and click on the ‘‘read comments’’ box,
which will then become highlighted in
blue. Enter the docket number for this
rulemaking (USCG–2010–0048) in the
Keyword box, and click ‘‘Search’’. Click
the ‘‘Open Docket Folder’’ in the
‘‘Actions’’ column. If you do not have
access to the Internet, you may view the
docket by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Coast Guard has an
agreement with the Department of
Transportation to use the Docket
Management Facility.
C. Privacy Act
Anyone can search the electronic
form of all comments received into any
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of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
The Coast Guard does not currently
plan to hold a public meeting. But you
may submit a request for one to the
Docket Management Facility at the
address under ADDRESSES explaining
why one would be beneficial. If the
Coast Guard determines that one would
aid this rulemaking, the Coast Guard
will hold one at a time and place
announced by a later notice in the
Federal Register.
II. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
IMO International Maritime Organization
ISO International Organization for
Standardization
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)
OIRA Office of Information and Regulatory
Affairs
OMB Office of Management and Budget
SNPRM Supplemental Notice of Proposed
Rulemaking
SOLAS International Convention for Safety
of Life at Sea, 1974, as amended
§ Section symbol
USCG United States Coast Guard
III. 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. In this same issue of the
Federal Register, the Coast Guard is
publishing an interim rule titled
‘‘Lifesaving Equipment: Production
Testing and Harmonization with
International Standards; Interim Rule’’
(Interim Rule) making effective changes
proposed in the NPRM.
The Coast Guard is issuing this
supplemental notice of proposed
rulemaking (SNPRM) to address
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 will enter into
force on January 1, 2012. The IMO
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amendments to the international
standards affect the Interim Rule,
published elsewhere in this issue of the
Federal Register, 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 Interim Rule.
IV. Background
As discussed in the ‘‘Background’’
section of the Interim Rule, 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 lifesaving appliances’’ (Recommendation
on Testing), IMO Resolution
MSC.81(70), and the ‘‘International Lifesaving Appliance Code’’ (LSA Code),
IMO Resolution MSC.48(66). IMO
updates these standards by adopting
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MSC resolutions promulgating
amendments to these standards.
In the Interim Rule published
elsewhere in this issue of the Federal
Register, the Coast Guard revises
subpart 160.151 to, among other
revisions, update the version of the
Recommendation on Testing
incorporated by reference, and
incorporate by reference for the first
time the LSA Code. Interim 46 CFR
160.151–5(d)(5) incorporates by
reference the LSA Code ‘‘as amended by
resolutions MSC.207(81), MSC.218(82),
and MSC.272(85),’’ and the
Recommendation on Testing ‘‘as
amended by IMO Resolutions
MSC.226(82) and MSC.274(85).’’ Interim
subparts 160.051 and 160.010 retain 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 enters 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
Resolution MSC.295(87) amends the
Recommendation on Testing and enters
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), affected by Resolution
MSC.295(87) are: the jump test, loading
and seating test, davit-launched liferaft
boarding test, damage test, righting test,
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.
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and davit-launched inflatable liferaft
strength tests.
The Coast Guard proposes to revise
the 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 proposed revision to
subpart 160.151 would also, by
extension, affect liferaft performance
under subpart 160.051 and inflatable
buoyant apparatus performance under
subpart 160.010.
V. Discussion of Proposed Rule
The Coast Guard proposes to revise
interim § 160.151–5(d)(5) to incorporate
by reference the LSA Code ‘‘as amended
by resolutions MSC.207(81),
MSC.218(82), MSC.272(85), and
MSC.293(87),’’ and the
Recommendation on Testing ‘‘as
amended by IMO Resolutions
MSC.226(82), MSC.274(85), and
MSC.295(87).’’ Revising these
incorporations by references would
affect the tests in interim §§ 160.151–27,
160.151–29, 160.151–31, and 160.151–
57, which refer to the Recommendation
on Testing. This proposal would require
manufacturers to conduct those tests on
prototype and production liferafts for
Coast Guard approval under subpart
160.151 (SOLAS liferafts) using the new
82.5 kg assumed average mass of liferaft
occupants instead of the current 75 kg
assumed average mass. This rule would
not impact liferafts currently in service.
As stated in the NPRM, liferafts in
service that were approved under the
regulations revised by the interim rule
would not have to be replaced, provided
that they remain in serviceable
condition. However, when they become
non-serviceable, and thus must be
replaced, they would have to be
replaced with a liferaft that conforms to
the revised regulations in effect at the
time of replacement (i.e. the interim
rule, as amended by any final rule
resulting from this SNPRM).
The Coast Guard proposes to make
this proposed rule effective on January
1, 2012, the same date MSC.293(87) and
MSC.295(87) enter into force.
Under this proposed rule, any
manufacturer of SOLAS liferafts
wanting to continue manufacturing such
liferafts under a Certificate of Approval
issued under subpart 160.151, or
seeking Coast Guard approval under
subpart 160.151, would have to provide
the Coast Guard, prior to January 1,
2012, documentation that the applicable
tests in subpart 160.151 have been
successfully conducted taking into
account the new 82.5 kg standard. This
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requirement can be met by submitting
records of new tests based on the
increased weight to maintain the current
occupancy rating, or by submitting
calculations to support a reduced
occupancy rating based on the total
weight used in the tests performed
during initial approval. The Coast Guard
would document compliance with
Resolutions MSC.293(87) and
MSC.295(87) by means of either
amended Certificates of Approval under
subpart 160.151 or by letter where large
numbers of such Certificates of
Approval are involved. The Coast Guard
seeks comments on this proposal.
The proposal to incorporate by
reference Resolutions MSC.293(87) and
MSC.295(87) in interim § 160.151–
5(d)(5) would also affect interim
subparts 160.051 and 160.010. As
discussed above, liferafts for Coast
Guard approval under subpart 160.051
(domestic service liferafts) and
inflatable buoyant apparatuses for Coast
Guard approval under subpart 160.010
must meet the requirements in subpart
160.151 with some exceptions
specifically listed in subparts 160.051
and 160.010. See § 160.051–5 (‘‘To
obtain Coast Guard approval, each Coast
Service inflatable liferaft must comply
with subpart 160.151, with the
following exceptions * * *’’) and
§ 160.051–7 (‘‘To obtain Coast Guard
approval, each A and B inflatable liferaft
must comply with the requirements in
subpart 160.151, with the following
exceptions * * *’’); and § 160.010–3(a)
(‘‘To obtain Coast Guard approval, an
inflatable buoyant apparatus must
comply with subpart 160.151, with the
following exceptions * * *’’). None of
the specifically listed exemptions
address occupant weight or are affected
by Resolutions MSC.293(87) and
MSC.295(87).
Although incorporating by reference
Resolutions MSC.293(87) and
MSC.295(87) in interim § 160.151–
5(d)(5) would affect interim subparts
160.051 and 160.010, the proposed rule
would only affect any new approval
sought under subparts 160.051 or
160.010, if this proposal is made final.
The language in subparts 160.051 and
160.010 that requires compliance with
subpart 160.151 only addresses
obtaining Coast Guard approval, and a
manufacturer obtains Coast Guard
approval when seeking a new approval.
Coast Guard approval is evidenced by a
Certificate of Approval (COA), which is
valid for a period of 5 years. After
receiving a COA, the manufacturer must
renew the COA before it expires, but
renewal of a COA is not considered
obtaining Coast Guard approval.
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Therefore, under this proposed rule,
manufacturers of domestic service
liferafts and manufacturers of inflatable
buoyant apparatuses seeking a new
approval under subpart 160.051 or
subpart 160.010 on or after January 1,
2012 would have to conduct the
applicable tests taking into account the
new 82.5 kg standard. Manufacturers
that already have a COA issued under
subpart 160.051 or subpart 160.010
prior to January 1, 2012, however,
would not have to comply with the new
tests required by the Recommendation
on Testing, as amended by Resolution
MSC.295(87) for those approved
products. Those manufacturers of
domestic service liferafts approved
under subpart 160.051 prior to January
1, 2012, and manufacturers of inflatable
buoyant apparatuses approved under
subpart 160.010 prior to January 1,
2012, could continue production of
such lifesaving equipment using the 75
kg assumed average mass for occupants.
The Coast Guard proposes to permit
manufacturers of domestic service
liferafts and manufacturers of inflatable
buoyant apparatuses with COA issued
under subpart 160.051 or subpart
160.010 prior to January 1, 2012, to
continue production of such lifesaving
equipment using the 75 kg assumed
average mass because of the differences
between SOLAS liferafts and domestic
service liferafts and inflatable buoyant
apparatuses. SOLAS liferafts are carried
on international voyages and as such
must comply with IMO requirements.
Domestic service liferafts and inflatable
buoyant apparatuses are carried only on
coastwise and other non-ocean or noninternational routes and are not subject
to SOLAS requirements. While the
Coast Guard considers the IMO
standards for this lifesaving equipment,
as discussed above and in the Interim
Rule, to be appropriate for all U.S. flag
vessels regardless of voyage, the Coast
Guard is aware of the burden of retesting domestic service liferafts and
inflatable buoyant apparatuses to
address the SOLAS increased assumed
average mass for occupants. However,
the Coast Guard still desires a consistent
standard across lifesaving appliances in
keeping with the harmonization goal of
the Interim Rule, as reflected in the
current requirement that liferafts and
inflatable buoyant apparatuses for
approval under subparts 160.051 and
160.010 comply with subpart 160.151.
To balance the burden of re-testing
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domestic service liferafts and inflatable
buoyant apparatuses with the Coast
Guard’s determination that IMO
standards for lifesaving equipment are
appropriate for all U.S. flag vessels
regardless of voyage, the Coast Guard
proposes to not affect current
production of domestic service liferafts
and inflatable buoyant apparatuses
already approved under subparts
160.051 or 160.010. Therefore, the
proposed rule would retain the current
regulatory text in subparts 160.051 and
160.010 to require manufacturers of
domestic service liferafts or inflatable
buoyant apparatuses to comply with
subpart 160.151 when seeking new
Coast Guard approval only.
Manufacturers who wish to
standardize across their product lines
may opt to re-test domestic service
liferafts and buoyant apparatuses
approved under subparts 160.051 or
160.010 prior to January 1, 2012, to
demonstrate compliance with
Resolutions MSC.293(87) and
MSC.295(87). The Coast Guard would
document compliance with Resolutions
MSC.293(87) and MSC.295(87) by
means of either amended Certificates of
Approval under subpart 160.015 or
subpart 160.010, as applicable, or by
letter where large numbers of such
Certificates of Approval are involved.
VI. Incorporation by Reference
Material proposed for incorporation
by reference appears in proposed 46
CFR 160.151–5. 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 that section.
Before publishing a binding rule, the
Coast Guard will submit this material to
the Director of the Federal Register for
approval of the incorporation by
reference.
VII. Regulatory Analyses
The Coast Guard developed this
proposed 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. Executive Order 12866 and Executive
Order 13563
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
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Planning and Review, as supplemented
by Executive Order 13563, 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.
As mentioned previously within this
preamble, the Coast Guard is issuing
this SNPRM regarding inflatable liferafts
and inflatable buoyant apparatuses
concurrently with an Interim Rule
published elsewhere in this issue of the
Federal Register.
This SNPRM addresses the change in
the international standard for occupant
weight used in testing equipment in
order to establish the rated capacity of
inflatable liferafts and inflatable
buoyant apparatuses. The occupant
weight or ‘assumed average occupant
mass’ would be revised from the current
75 kg to the new weight standard of 82.5
kg and would, if the Coast Guard
finalizes this proposed rule, become
effective on January 1, 2012.
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 proposed rule would
require manufacturers to conduct
prototype and production tests for
inflatable liferafts and inflatable
buoyant apparatuses manufactured on
or after January 1, 2012 using the new
weight standard, it would limit retesting of currently approved
equipment, thus limiting the cost
impact of the proposed rule on
manufacturers. And, as discussed in
section V. Discussion of Proposed Rule,
this proposed rule would not apply to
liferafts currently in service aboard U.S.
vessels, thus no vessel would incur
replacement costs for liferafts because of
this proposed rule. A summary of
changes to the baseline testing
requirements is shown in Table 1.
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TABLE 1—SUMMARY OF CHANGES
Existing equipment (approval prior to January 1, 2012)
Testing
type
Testing
New equipment (approval after January 1, 2012)
Impacts
Testing
Impacts
Units with rated capacity of less
than 6 occupants are ineligible for SOLAS service.
Costs of testing unchanged as
nature of the test is unchanged.
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
Units with rated capacity of less
than 6 occupants are ineligible for SOLAS service.
Costs of testing unchanged as
nature of the test is unchanged.
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
SOLAS Inflatable Liferaft (160.151)
Prototype
testing.
Production
Testing.
Manufacturers must obtain a
new Certificate of Approval
certifying rated occupancy
using the new weight standard. Manufactures may either
re-test or have a certification
made using previous test results adjusted for the new
weight standard.
Testing costs are negligible on
a unit cost basis.
All tests use the new weight
standard to establish occupancy rating.
Non-SOLAS Inflatable Liferaft (160.051)
Prototype
testing.
Production
Testing.
Existing Certificates of Approval
may be renewed without retesting.
No cost or benefit as the use of
the new weight standard is
optional.
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
No cost or benefit. The use of the new weight standard is optional
for equipment manufactured under an existing Certificate of Approval
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
Inflatable Buoyant Apparatus (160.010)
srobinson on DSK4SPTVN1PROD with PROPOSALS
Prototype
testing.
Production
Testing.
Existing Certificates of Approval
may be renewed without retesting.
No cost or benefit as the use of
the new weight standard is
optional.
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
No cost or benefit. The use of the new weight standard is optional
for equipment manufactured under an existing Certificate of Approval.
All tests use the new weight
standard to establish occupancy rating.
Costs of testing unchanged as
nature of the test is unchanged.
SOLAS Inflatable Liferafts (160.151)
As shown in Table 1, manufacturers
of SOLAS inflatable liferafts approved
under subpart 160.151 (SOLAS liferafts)
manufactured on or after January 1,
2012 would be 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 manufactured inflatable
liferafts whose rated capacity is six
using the current 75 kg occupant weight
standard. Since SOLAS requires that
inflatable liferafts have a minimum
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capacity of six, any SOLAS liferaft
currently rated for six occupants would
have to be re-tested under the new
weight standard and any of these
liferafts that did not meet the
requirements for six occupants at the
new weight standard could no longer be
used on SOLAS vessels.
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 would 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
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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 would have to be re-tested
in order to verify a minimum occupancy
rating under the new 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 weight
standard at approximately $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.
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TABLE 2—SOLAS LIFERAFTS
Total number of
models of liferaft
produced
Number of
manufacturers
Manufacturer
Total number of
models of liferaft
produced with an
occupancy rating
of 6
Cost to re-test
each SOLAS liferaft
Total cost to
retest
Foreign owned .................................................
U.S. owned ......................................................
7
3
104
5
8
3
$1,800
1,800
$14,400
5,400
Total ..........................................................
10
109
11
1,800
$19,800
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Non-SOLAS Inflatable Liferafts
(160.051) and Inflatable Buoyant
Apparatus (160.010)
As shown 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 January 1,
2012, under current Certificates of
Approval, would 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 weight standard, it would also
have 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
buoyant apparatuses under 160.010
would be required to use the new
occupant weight standard only when
testing domestic inflatable liferafts or
buoyant apparatuses approved after
January 1, 2012.
In terms of the cost of the regulation:
1. While prototype testing for all
SOLAS liferafts on or after January 1,
2012, would have to employ the new
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 on or after January 1, 2012
would require testing using the new
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
weight standard or re-test the equipment
for certification of its current rated
capacity using the new weight standard.
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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 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 January 1, 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 weight standard.
6. For prototype and production
testing of domestic service inflatable
liferafts and inflatable buoyant
apparatuses approved on or after
January 1, 2012, the manufacturer must
test under the 82.5 kg occupant weight
standard.
For inflatable liferafts approved under
subpart 160.051 prior to January 1, 2012
and inflatable buoyant apparatuses
approved under subpart 160.010 prior to
January 1, 2012, the costs of testing
equipment at the higher weight standard
would be voluntary, as domestic
liferafts and inflatable buoyant
apparatuses may be certified using
either weight standard. Likewise,
equipment manufactured under a
current Certificate of Approval would
only be required to be re-tested if the
manufacturer elected to retain their
current rated capacity for their
equipment under the higher weight
standard. However, manufacturers have
the option to reduce the current rated
capacities of their equipment to comply
with the new 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 would be required
using the higher 82.5 kg occupant
weight standard. The Coast Guard has
no evidence to suggest that testing at the
higher weight standard would involve
additional testing costs for
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manufacturers because the nature of the
test remains the same.
Benefits
The principal benefit of the proposed
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 proposed rule ensures
compliance with internationally
applicable standards for SOLAS
adopted by IMO where non-compliance
would exclude the use of inflatable
liferafts manufactured under part
160.151 aboard SOLAS vessels.
The Coast Guard urges interested
parties to submit comments that
specifically address the economic
impacts of this supplemental
rulemaking. Comments can be made as
indicated in the ADDRESSES section.
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), the Coast Guard has
considered whether this proposed rule
would have a significant economic
impact on a substantial number of small
entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
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
these three small entities, the testing
requirements using the new weight
standard would apply to: prototypes
(new designs) submitted after January 1,
2012; production testing of designs
submitted after January 1, 2012; and for
currently manufactured equipment that
manufacturers wish to have certified at
their current rated occupancy using the
new weight standards (as opposed to
certification with a lower occupant
capacity based on the higher testing
weight). For new prototypes and
production of products approved after
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Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules
January 1, 2012, the Coast Guard has no
evidence to suggest that testing at the
higher weight standard would involve
additional costs for manufacturers. For
manufacturers seeking certification of
equipment currently approved under
subpart 160.151 (SOLAS liferafts),
testing to verify compliance with the
rated capacity at the higher testing
weight would be voluntary for those
whose current rated capacity is above
six. For manufacturers of these models,
there would be the option of testing for
certification at the new weight standard,
or requesting a revised approval for a
reduced capacity based on the results of
previously submitted tests. For
manufacturers seeking certification of
equipment currently approved under
subpart 160.151 whose rated capacity is
six, re-testing at the higher occupant
weight would be required in order 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 of $5,400
(3 liferaft models × $1,800 testing cost
per model).
For manufacturers of equipment for
domestic service only, we have
identified three entities involved in the
manufacture of domestic service liferafts
and inflatable buoyant apparatus
manufactured under subparts 160.051
and 160.010, respectively. All are
business entities, and all are small
entities. These entities would not be
required to re-test equipment to retain
Coast Guard approval, and could
manufacture equipment under either
weight standard with no affect to the
rated capacities of their equipment.
Based on this information, the Coast
Guard certifies under 5 U.S.C. 605(b)
that this proposed rule would not have
a significant economic impact on a
substantial number of small entities. If
you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain why you think it qualifies and
how and to what degree this proposed
rule would economically affect it.
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
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entities in understanding this proposed
rule so that they can better evaluate its
effects on them and participate in the
rulemaking. If the proposed rule would
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please consult Mr. Kurt Heinz,
Commercial Regulations and Standards
Directorate, Office of Design and
Engineering Standards, Lifesaving and
Fire Safety Division (CG–5214), Coast
Guard, telephone 202–372–1395, or email Kurt.J.Heinz@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed 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 proposed rule would call 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 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
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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
invite affected state and local
governments and their representative
national organizations to indicate their
desire for participation and consultation
in this rulemaking process by
submitting comments to the docket
using one of the methods specified
under ADDRESSES. In accordance with
Executive Order 13132, the Coast Guard
will provide a federalism impact
statement to document (1) the extent of
the Coast Guard’s consultation with
State and local officials that submit
comments to this proposed rule, (2) a
summary of the nature of any concerns
raised by state or local governments and
the Coast Guard’s position thereon, and
(3) a statement of the extent to which
the concerns of State and local officials
have been met.
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. This proposed
rule would not result in such an
expenditure.
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Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules
G. Taking of Private Property
This proposed rule would 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.
H. Civil Justice Reform
This proposed 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
proposed rule under Executive Order
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
srobinson on DSK4SPTVN1PROD with PROPOSALS
K. Energy Effects
The Coast Guard has analyzed this
proposed 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 OMB, 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
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procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule uses the following
voluntary consensus standards:
• International Life-Saving Appliance
Code, (IMO Resolution MSC.48(66)), as
amended by IMO Resolutions
MSC.207(81), MSC.218(82),
MSC.272(85), and MSC.293(87);
• IMO Resolution MSC.81(70),
Revised recommendation on testing of
life-saving appliances, as amended by
IMO Resolutions MSC.226(82),
MSC.274(85), and MSC.295(87).
The proposed sections that reference
these standards and the locations where
these standards are available are listed
in 46 CFR 160.151–5.
If you disagree with our analysis of
the voluntary consensus standards
listed above or are aware of voluntary
consensus standards that might apply
but are not listed, please send a
comment to the docket using one of the
methods under ADDRESSES. In your
comment, please explain why you
disagree with our analysis and/or
identify voluntary consensus standards
the Coast Guard has not listed that
might apply.
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 rulemaking 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 this
proposed rule satisfies the requirements
of 46 U.S.C. 2118(a), as necessary.
N. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
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62721
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This proposed rule involves
regulations which are editorial,
regulations concerning equipping of
vessels, and regulations concerning
vessel operation safety standards. This
proposed 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). We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 46 CFR part 160 as follows:
PART 160—LIFESAVING EQUIPMENT
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)
2. Amend § 160.151–5 by adding
paragraphs (d)(5) and (d)(6) to read as
follows:
§ 160.151–5
*
Incorporation by reference.
*
*
*
*
(d) * * *
(5) Resolution MSC.293(87), Adoption
of Amendments to the International
Life-Saving Appliance (LSA) Code,
(May 21, 2010), IBR approved for
§§ 160.151–7, 160.151–15, 160.151–17,
160.151–21, 160.151–29, and 160.151–
33 (‘‘Resolution MSC.293(87)’’).
(6) Resolution MSC.295(87), Adoption
of Amendments to the Revised
Recommendation on Testing of LifeSaving Appliances (Resolution
MSC.81(70)), (May 21, 2010), IBR
approved for §§ 160.151–21, 160.151–
27, 160.151–29, 160.151–31, and
160.151–57 (‘‘Resolution
MSC.295(87)’’).
*
*
*
*
*
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§ 160.151–7
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules
[Amended]
3. Amend § 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),’’.
§ 160.151–15
[Amended]
4. Amend § 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),’’.
§ 160.151–17
[Amended]
5. Amend § 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),’’.
§ 160.151–21
[Amended]
[Amended]
7. Amend § 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),’’.
§ 160.151–29
[Amended]
8. Amend § 160.151–29 as follows:
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
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),’’.
srobinson on DSK4SPTVN1PROD with PROPOSALS
§ 160.151–31
[Amended]
9. Amend § 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),’’.
§ 160.151–33
[Amended]
10. Amend § 160.151–33 by removing
the words ‘‘IMO LSA Code’’ wherever
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§ 160.151–57
[Amended]
11. Amend § 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: September 22, 2011.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2011–25032 Filed 10–7–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
6. Amend § 160.151–21 as follows:
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
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),’’.
§ 160.151–27
they appear and adding, in their place,
the words ‘‘IMO LSA Code, as amended
by Resolution MSC.293(87),’’.
Jkt 223001
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2011–0081;
MO92210–0–0008]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List Amoreuxia gonzalezii,
Astragalus hypoxylus, and Erigeron
piscaticus as Endangered or
Threatened
Fish and Wildlife Service,
Interior.
ACTION: Notice of 12-month petition
finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
12-month finding on a petition to list
Amoreuxia gonzalezii (Santa Rita
yellowshow), Astragalus hypoxylus
(Huachuca milk-vetch), and Erigeron
piscaticus (Fish Creek fleabane) as
endangered or threatened with critical
habitat under the Endangered Species
Act of 1973, as amended (Act). After
review of the best scientific and
commercial information available, we
find that listing Amoreuxia gonzalezii,
Astragalus hypoxylus, and Erigeron
piscaticus is not warranted at this time.
However, we ask the public to submit to
us any new information that becomes
available concerning the threats to
Amoreuxia gonzalezii, Astragalus
hypoxylus, and Erigeron piscaticus or
their habitats at any time.
DATES: The finding announced in this
document was made on October 11,
2011.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS–R2–ES–2011–0081. Supporting
SUMMARY:
PO 00000
Frm 00079
Fmt 4702
Sfmt 4702
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours by contacting the
U.S. Fish and Wildlife Service, Arizona
Ecological Services Field Office, 2321
W. Royal Palm Road, Suite 103,
Phoenix, AZ 85021; telephone (602)
242–0210; facsimile (602) 242–2513. If
you use a telecommunications device
for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at (800) 877–8339. Please submit
any new information, comments, or
questions concerning this finding to the
above street address.
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor, U.S.
Fish and Wildlife Service, Arizona
Ecological Services Field Office, 2321
W. Royal Palm Road, Suite 103,
Phoenix, AZ 85021; telephone (602)
242–0210; facsimile (602) 242–2513. If
you use a telecommunications device
for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.) requires that, for
any petition to revise the Federal Lists
of Threatened and Endangered Wildlife
and Plants that contain substantial
scientific or commercial information
indicating that listing a species may be
warranted, we make a finding within 12
months of the date of receipt of the
petition. In this finding, we will
determine that the petitioned action is:
(a) Not warranted, (b) warranted, or (c)
warranted, but immediate proposal of a
regulation implementing the petitioned
action is precluded by other pending
proposals to determine whether species
are endangered or threatened, and
expeditious progress is being made to
add or remove qualified species from
the Lists of Endangered and Threatened
Wildlife and Plants. Section 4(b)(3)(C) of
the Act requires that we treat a petition
for which the requested action is found
to be warranted but precluded as though
resubmitted on the date of such finding,
that is, requiring a subsequent finding to
be made within 12 months. We must
publish these 12-month findings in the
Federal Register.
Previous Federal Actions
Amoreuxia gonzalezii, Astragalus
hypoxylus, and Erigeron piscaticus were
formerly Category 2 candidate species,
which are taxa for which information in
our possession indicated that proposing
to list was possibly appropriate, but for
which persuasive data on biological
E:\FR\FM\11OCP1.SGM
11OCP1
]]>Agencies
[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62714-62722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25032]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 160
[USCG-2010-0048]
RIN 1625-AB46
Lifesaving Equipment: Production Testing and Harmonization With
International Standards
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the interim rule addressing
lifesaving equipment published in this same issue of the Federal
Register to harmonize Coast Guard regulations for inflatable liferafts
and inflatable buoyant apparatuses with recently adopted international
standards affecting capacity requirements for such lifesaving
equipment. The Coast Guard seeks comments on this proposal.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before November 25,
2011 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0048 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at 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 202-372-1385. 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 proposed
rule, call Mr. Kurt Heinz, Commercial Regulations and Standards
Directorate, Office of Design and Engineering Standards, Lifesaving and
Fire Safety Division (CG-5214), Coast Guard, telephone 202-372-1395, or
e-mail Kurt.J.Heinz@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Executive Order 12866 and Executive Order 13564
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. Public Participation and Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted, without change, to https://www.regulations.gov and will
include any personal information you have provided.
[[Page 62715]]
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0048), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail, or hand delivery, but please use only one of
these means. The Coast Guard recommends that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that the Coast Guard can contact you if the Coast
Guard has questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov and
click on the ``submit a comment'' box, which will then become
highlighted in blue. Insert ``USCG-2010-0048'' in the Keyword box,
click ``Search'', and then click on the balloon shape in the Actions
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
The Coast Guard will consider all comments and material received
during the comment period and may change this proposed rule in view of
your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, and click on the ``read comments'' box, which will then
become highlighted in blue. Enter the docket number for this rulemaking
(USCG-2010-0048) in the Keyword box, and click ``Search''. Click the
``Open Docket Folder'' in the ``Actions'' column. If you do not have
access to the Internet, you may view the docket by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Coast Guard has an agreement with
the Department of Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
The Coast Guard does not currently plan to hold a public meeting.
But you may submit a request for one to the Docket Management Facility
at the address under ADDRESSES explaining why one would be beneficial.
If the Coast Guard determines that one would aid this rulemaking, the
Coast Guard will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
IMO International Maritime Organization
ISO International Organization for Standardization
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)
OIRA Office of Information and Regulatory Affairs
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
III. 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. In this same issue of the Federal Register, the Coast
Guard is publishing an interim rule titled ``Lifesaving Equipment:
Production Testing and Harmonization with International Standards;
Interim Rule'' (Interim Rule) making effective changes proposed in the
NPRM.
The Coast Guard is issuing this supplemental notice of proposed
rulemaking (SNPRM) to address 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 will enter into force on January 1,
2012. The IMO amendments to the international standards affect the
Interim Rule, published elsewhere in this issue of the Federal
Register, 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 Interim Rule.
IV. Background
As discussed in the ``Background'' section of the Interim Rule, 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). IMO updates these standards by adopting
[[Page 62716]]
MSC resolutions promulgating amendments to these standards.
In the Interim Rule published elsewhere in this issue of the
Federal Register, the Coast Guard revises subpart 160.151 to, among
other revisions, update the version of the Recommendation on Testing
incorporated by reference, and incorporate by reference for the first
time the LSA Code. Interim 46 CFR 160.151-5(d)(5) incorporates by
reference the LSA Code ``as amended by resolutions MSC.207(81),
MSC.218(82), and MSC.272(85),'' and the Recommendation on Testing ``as
amended by IMO Resolutions MSC.226(82) and MSC.274(85).'' Interim
subparts 160.051 and 160.010 retain 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 enters 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
enters 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), 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.
The Coast Guard proposes to revise the 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 proposed revision to
subpart 160.151 would also, by extension, affect liferaft performance
under subpart 160.051 and inflatable buoyant apparatus performance
under subpart 160.010.
V. Discussion of Proposed Rule
The Coast Guard proposes to revise interim Sec. 160.151-5(d)(5) to
incorporate by reference the LSA Code ``as amended by resolutions
MSC.207(81), MSC.218(82), MSC.272(85), and MSC.293(87),'' and the
Recommendation on Testing ``as amended by IMO Resolutions MSC.226(82),
MSC.274(85), and MSC.295(87).'' Revising these incorporations by
references would affect the tests in interim Sec. Sec. 160.151-27,
160.151-29, 160.151-31, and 160.151-57, which refer to the
Recommendation on Testing. This proposal would require manufacturers to
conduct those tests on prototype and production liferafts for Coast
Guard approval under subpart 160.151 (SOLAS liferafts) using the new
82.5 kg assumed average mass of liferaft occupants instead of the
current 75 kg assumed average mass. This rule would not impact
liferafts currently in service. As stated in the NPRM, liferafts in
service that were approved under the regulations revised by the interim
rule would not have to be replaced, provided that they remain in
serviceable condition. However, when they become non-serviceable, and
thus must be replaced, they would have to be replaced with a liferaft
that conforms to the revised regulations in effect at the time of
replacement (i.e. the interim rule, as amended by any final rule
resulting from this SNPRM).
The Coast Guard proposes to make this proposed rule effective on
January 1, 2012, the same date MSC.293(87) and MSC.295(87) enter into
force.
Under this proposed rule, any manufacturer of SOLAS liferafts
wanting to continue manufacturing such liferafts under a Certificate of
Approval issued under subpart 160.151, or seeking Coast Guard approval
under subpart 160.151, would have to provide the Coast Guard, prior to
January 1, 2012, documentation that the applicable tests in subpart
160.151 have been successfully conducted taking into account the new
82.5 kg standard. This requirement can be met by submitting records of
new tests based on the increased weight to maintain the current
occupancy rating, or by submitting calculations to support a reduced
occupancy rating based on the total weight used in the tests performed
during initial approval. The Coast Guard would document compliance with
Resolutions MSC.293(87) and MSC.295(87) by means of either amended
Certificates of Approval under subpart 160.151 or by letter where large
numbers of such Certificates of Approval are involved. The Coast Guard
seeks comments on this proposal.
The proposal to incorporate by reference Resolutions MSC.293(87)
and MSC.295(87) in interim Sec. 160.151-5(d)(5) would also affect
interim subparts 160.051 and 160.010. As discussed above, liferafts for
Coast Guard approval under subpart 160.051 (domestic service liferafts)
and inflatable buoyant apparatuses for Coast Guard approval under
subpart 160.010 must meet the requirements in subpart 160.151 with some
exceptions specifically listed in subparts 160.051 and 160.010. See
Sec. 160.051-5 (``To obtain Coast Guard approval, each Coast Service
inflatable liferaft must comply with subpart 160.151, with the
following exceptions * * *'') and Sec. 160.051-7 (``To obtain Coast
Guard approval, each A and B inflatable liferaft must comply with the
requirements in subpart 160.151, with the following exceptions * *
*''); and Sec. 160.010-3(a) (``To obtain Coast Guard approval, an
inflatable buoyant apparatus must comply with subpart 160.151, with the
following exceptions * * *''). None of the specifically listed
exemptions address occupant weight or are affected by Resolutions
MSC.293(87) and MSC.295(87).
Although incorporating by reference Resolutions MSC.293(87) and
MSC.295(87) in interim Sec. 160.151-5(d)(5) would affect interim
subparts 160.051 and 160.010, the proposed rule would only affect any
new approval sought under subparts 160.051 or 160.010, if this proposal
is made final. The language in subparts 160.051 and 160.010 that
requires compliance with subpart 160.151 only addresses obtaining Coast
Guard approval, and a manufacturer obtains Coast Guard approval when
seeking a new approval. Coast Guard approval is evidenced by a
Certificate of Approval (COA), which is valid for a period of 5 years.
After receiving a COA, the manufacturer must renew the COA before it
expires, but renewal of a COA is not considered obtaining Coast Guard
approval.
[[Page 62717]]
Therefore, under this proposed rule, manufacturers of domestic
service liferafts and manufacturers of inflatable buoyant apparatuses
seeking a new approval under subpart 160.051 or subpart 160.010 on or
after January 1, 2012 would have to conduct the applicable tests taking
into account the new 82.5 kg standard. Manufacturers that already have
a COA issued under subpart 160.051 or subpart 160.010 prior to January
1, 2012, however, would not have to comply with the new tests required
by the Recommendation on Testing, as amended by Resolution MSC.295(87)
for those approved products. Those manufacturers of domestic service
liferafts approved under subpart 160.051 prior to January 1, 2012, and
manufacturers of inflatable buoyant apparatuses approved under subpart
160.010 prior to January 1, 2012, could continue production of such
lifesaving equipment using the 75 kg assumed average mass for
occupants.
The Coast Guard proposes to permit manufacturers of domestic
service liferafts and manufacturers of inflatable buoyant apparatuses
with COA issued under subpart 160.051 or subpart 160.010 prior to
January 1, 2012, to continue production of such lifesaving equipment
using the 75 kg assumed average mass because of the differences between
SOLAS liferafts and domestic service liferafts and inflatable buoyant
apparatuses. SOLAS liferafts are carried on international voyages and
as such must comply with IMO requirements. Domestic service liferafts
and inflatable buoyant apparatuses are carried only on coastwise and
other non-ocean or non-international routes and are not subject to
SOLAS requirements. While the Coast Guard considers the IMO standards
for this lifesaving equipment, as discussed above and in the Interim
Rule, to be appropriate for all U.S. flag vessels regardless of voyage,
the Coast Guard is aware of the burden of re-testing domestic service
liferafts and inflatable buoyant apparatuses to address the SOLAS
increased assumed average mass for occupants. However, the Coast Guard
still desires a consistent standard across lifesaving appliances in
keeping with the harmonization goal of the Interim Rule, as reflected
in the current requirement that liferafts and inflatable buoyant
apparatuses for approval under subparts 160.051 and 160.010 comply with
subpart 160.151. To balance the burden of re-testing domestic service
liferafts and inflatable buoyant apparatuses with the Coast Guard's
determination that IMO standards for lifesaving equipment are
appropriate for all U.S. flag vessels regardless of voyage, the Coast
Guard proposes to not affect current production of domestic service
liferafts and inflatable buoyant apparatuses already approved under
subparts 160.051 or 160.010. Therefore, the proposed rule would retain
the current regulatory text in subparts 160.051 and 160.010 to require
manufacturers of domestic service liferafts or inflatable buoyant
apparatuses to comply with subpart 160.151 when seeking new Coast Guard
approval only.
Manufacturers who wish to standardize across their product lines
may opt to re-test domestic service liferafts and buoyant apparatuses
approved under subparts 160.051 or 160.010 prior to January 1, 2012, to
demonstrate compliance with Resolutions MSC.293(87) and MSC.295(87).
The Coast Guard would document compliance with Resolutions MSC.293(87)
and MSC.295(87) by means of either amended Certificates of Approval
under subpart 160.015 or subpart 160.010, as applicable, or by letter
where large numbers of such Certificates of Approval are involved.
VI. Incorporation by Reference
Material proposed for incorporation by reference appears in
proposed 46 CFR 160.151-5. 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 that
section.
Before publishing a binding rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
VII. Regulatory Analyses
The Coast Guard developed this proposed 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. Executive Order 12866 and Executive Order 13563
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, 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.
As mentioned previously within this preamble, the Coast Guard is
issuing this SNPRM regarding inflatable liferafts and inflatable
buoyant apparatuses concurrently with an Interim Rule published
elsewhere in this issue of the Federal Register.
This SNPRM addresses the change in the international standard for
occupant weight used in testing equipment in order to establish the
rated capacity of inflatable liferafts and inflatable buoyant
apparatuses. The occupant weight or `assumed average occupant mass'
would be revised from the current 75 kg to the new weight standard of
82.5 kg and would, if the Coast Guard finalizes this proposed rule,
become effective on January 1, 2012.
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 proposed rule would require manufacturers to conduct
prototype and production tests for inflatable liferafts and inflatable
buoyant apparatuses manufactured on or after January 1, 2012 using the
new weight standard, it would limit re-testing of currently approved
equipment, thus limiting the cost impact of the proposed rule on
manufacturers. And, as discussed in section V. Discussion of Proposed
Rule, this proposed rule would not apply to liferafts currently in
service aboard U.S. vessels, thus no vessel would incur replacement
costs for liferafts because of this proposed rule. A summary of changes
to the baseline testing requirements is shown in Table 1.
[[Page 62718]]
Table 1--Summary of Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing equipment (approval prior to January 1, 2012) New equipment (approval after January 1, 2012)
Testing type -------------------------------------------------------------------------------------------------------------------
Testing Impacts Testing Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOLAS Inflatable Liferaft (160.151)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype testing................... Manufacturers must obtain a Units with rated capacity All tests use the new Units with rated capacity
new Certificate of of less than 6 occupants weight standard to of less than 6 occupants
Approval certifying rated are ineligible for SOLAS establish occupancy rating. are ineligible for SOLAS
occupancy using the new service. Costs of testing unchanged service.
weight standard. Costs of testing unchanged as nature of the test is
Manufactures may either re- as nature of the test is unchanged.
test or have a unchanged.
certification made using
previous test results
adjusted for the new
weight standard.
Testing costs are
negligible on a unit cost
basis.
Production Testing.................. All tests use the new Costs of testing unchanged All tests use the new Costs of testing unchanged
weight standard to as nature of the test is weight standard to as nature of the test is
establish occupancy rating. unchanged. establish occupancy rating. unchanged.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-SOLAS Inflatable Liferaft (160.051)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype testing................... Existing Certificates of No cost or benefit as the All tests use the new Costs of testing unchanged
Approval may be renewed use of the new weight weight standard to as nature of the test is
without re-testing. standard is optional. establish occupancy rating. unchanged.
Production Testing.................. No cost or benefit. The use of the new weight standard All tests use the new Costs of testing unchanged
is optional for equipment manufactured under an weight standard to as nature of the test is
existing Certificate of Approval establish occupancy rating. unchanged.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inflatable Buoyant Apparatus (160.010)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype testing................... Existing Certificates of No cost or benefit as the All tests use the new Costs of testing unchanged
Approval may be renewed use of the new weight weight standard to as nature of the test is
without re-testing. standard is optional. establish occupancy rating. unchanged.
Production Testing.................. No cost or benefit. The use of the new weight standard All tests use the new Costs of testing unchanged
is optional for equipment manufactured under an weight standard to as nature of the test is
existing Certificate of Approval. establish occupancy rating. unchanged.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SOLAS Inflatable Liferafts (160.151)
As shown in Table 1, manufacturers of SOLAS inflatable liferafts
approved under subpart 160.151 (SOLAS liferafts) manufactured on or
after January 1, 2012 would be 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 manufactured 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 rated for six occupants would have to be re-
tested under the new weight standard and any of these liferafts that
did not meet the requirements for six occupants at the new weight
standard could no longer be used on SOLAS vessels.
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
would 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 would have to be re-tested in order to
verify a minimum occupancy rating under the new 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 weight
standard at approximately $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.
[[Page 62719]]
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 (160.051) and Inflatable Buoyant
Apparatus (160.010)
As shown 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 January 1, 2012, under current Certificates of Approval, would
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 weight
standard, it would also have 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
buoyant apparatuses under 160.010 would be required to use the new
occupant weight standard only when testing domestic inflatable
liferafts or buoyant apparatuses approved after January 1, 2012.
In terms of the cost of the regulation:
1. While prototype testing for all SOLAS liferafts on or after
January 1, 2012, would have to employ the new 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 on or after January 1,
2012 would require testing using the new 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 weight standard or re-test the equipment for certification of
its current rated capacity using the new 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 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 January 1, 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 weight standard.
6. For prototype and production testing of domestic service
inflatable liferafts and inflatable buoyant apparatuses approved on or
after January 1, 2012, the manufacturer must test under the 82.5 kg
occupant weight standard.
For inflatable liferafts approved under subpart 160.051 prior to
January 1, 2012 and inflatable buoyant apparatuses approved under
subpart 160.010 prior to January 1, 2012, the costs of testing
equipment at the higher weight standard would be voluntary, as domestic
liferafts and inflatable buoyant apparatuses may be certified using
either weight standard. Likewise, equipment manufactured under a
current Certificate of Approval would only be required to be re-tested
if the manufacturer elected to retain their current rated capacity for
their equipment under the higher weight standard. However,
manufacturers have the option to reduce the current rated capacities of
their equipment to comply with the new 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 would be required using the higher 82.5 kg
occupant weight standard. The Coast Guard has no evidence to suggest
that testing at the higher weight standard would involve additional
testing costs for manufacturers because the nature of the test remains
the same.
Benefits
The principal benefit of the proposed 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 proposed rule ensures compliance
with internationally applicable standards for SOLAS adopted by IMO
where non-compliance would exclude the use of inflatable liferafts
manufactured under part 160.151 aboard SOLAS vessels.
The Coast Guard urges interested parties to submit comments that
specifically address the economic impacts of this supplemental
rulemaking. Comments can be made as indicated in the ADDRESSES section.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard has considered whether this proposed 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.
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 these three
small entities, the testing requirements using the new weight standard
would apply to: prototypes (new designs) submitted after January 1,
2012; production testing of designs submitted after January 1, 2012;
and for currently manufactured equipment that manufacturers wish to
have certified at their current rated occupancy using the new weight
standards (as opposed to certification with a lower occupant capacity
based on the higher testing weight). For new prototypes and production
of products approved after
[[Page 62720]]
January 1, 2012, the Coast Guard has no evidence to suggest that
testing at the higher weight standard would involve additional costs
for manufacturers. For manufacturers seeking certification of equipment
currently approved under subpart 160.151 (SOLAS liferafts), testing to
verify compliance with the rated capacity at the higher testing weight
would be voluntary for those whose current rated capacity is above six.
For manufacturers of these models, there would be the option of testing
for certification at the new weight standard, or requesting a revised
approval for a reduced capacity based on the results of previously
submitted tests. For manufacturers seeking certification of equipment
currently approved under subpart 160.151 whose rated capacity is six,
re-testing at the higher occupant weight would be required in order 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 of $5,400 (3 liferaft
models x $1,800 testing cost per model).
For manufacturers of equipment for domestic service only, we have
identified three entities involved in the manufacture of domestic
service liferafts and inflatable buoyant apparatus manufactured under
subparts 160.051 and 160.010, respectively. All are business entities,
and all are small entities. These entities would not be required to re-
test equipment to retain Coast Guard approval, and could manufacture
equipment under either weight standard with no affect to the rated
capacities of their equipment.
Based on this information, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not have a significant economic
impact on a substantial number of small entities. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this proposed rule would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under ADDRESSES. In your comment, explain why
you think it qualifies and how and to what degree this proposed rule
would economically affect it.
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 proposed rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Mr. Kurt Heinz,
Commercial Regulations and Standards Directorate, Office of Design and
Engineering Standards, Lifesaving and Fire Safety Division (CG-5214),
Coast Guard, telephone 202-372-1395, or e-mail Kurt.J.Heinz@uscg.mil.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed 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 proposed rule would call 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 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 invite affected state and
local governments and their representative national organizations to
indicate their desire for participation and consultation in this
rulemaking process by submitting comments to the docket using one of
the methods specified under ADDRESSES. In accordance with Executive
Order 13132, the Coast Guard will provide a federalism impact statement
to document (1) the extent of the Coast Guard's consultation with State
and local officials that submit comments to this proposed rule, (2) a
summary of the nature of any concerns raised by state or local
governments and the Coast Guard's position thereon, and (3) a statement
of the extent to which the concerns of State and local officials have
been met.
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. This proposed rule would not result
in such an expenditure.
[[Page 62721]]
G. Taking of Private Property
This proposed rule would 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.
H. Civil Justice Reform
This proposed 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 proposed rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks. This proposed rule is not an economically significant
rule and would not create an environmental risk to health or risk to
safety that might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 OMB, 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 proposed rule uses the following voluntary consensus
standards:
International Life-Saving Appliance Code, (IMO Resolution
MSC.48(66)), as amended by IMO Resolutions MSC.207(81), MSC.218(82),
MSC.272(85), and MSC.293(87);
IMO Resolution MSC.81(70), Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82), MSC.274(85), and MSC.295(87).
The proposed sections that reference these standards and the
locations where these standards are available are listed in 46 CFR
160.151-5.
If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards the Coast Guard has not listed that might
apply.
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 rulemaking 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 this proposed rule
satisfies the requirements of 46 U.S.C. 2118(a), as necessary.
N. Environment
We have analyzed this proposed 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 made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. This proposed rule involves
regulations which are editorial, regulations concerning equipping of
vessels, and regulations concerning vessel operation safety standards.
This proposed 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). We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 46 CFR part 160 as follows:
PART 160--LIFESAVING EQUIPMENT
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)
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) Resolution MSC.293(87), Adoption of Amendments to the
International Life-Saving Appliance (LSA) Code, (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) Resolution MSC.295(87), Adoption of Amendments to the Revised
Recommendation on Testing of Life-Saving Appliances (Resolution
MSC.81(70)), (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)'').
* * * * *
[[Page 62722]]
Sec. 160.151-7 [Amended]
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]
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]
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]
6. Amend Sec. 160.151-21 as follows:
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
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]
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]
8. Amend Sec. 160.151-29 as follows:
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
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]
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]
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]
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: September 22, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-25032 Filed 10-7-11; 8:45 am]
BILLING CODE P
