Inflatable Personal Flotation Devices, 19937-19943 [2012-7791]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Rules and Regulations]
[Pages 19937-19943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7791]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 160

[Docket No. USCG-2011-0076]
RIN 1625-AB60


Inflatable Personal Flotation Devices

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is harmonizing structural and performance 
standards for inflatable recreational personal flotation devices (PFDs) 
with current voluntary industry consensus standards. The Coast Guard is 
also slightly modifying regulatory text in anticipation of a future 
rulemaking addressing the population for which inflatable recreational 
PFDs are approved, but is not changing the current affected population.

DATES: This rule is effective May 3, 2012. The Director of the Federal 
Register has approved the incorporation by reference of certain 
publications listed in this rule as of May 3, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0076 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to https://www.regulations.gov, 
inserting USCG-2011-0076 in the ``Keyword'' box, and then clicking 
``Search.''
    Viewing incorporation by reference material. You may inspect the 
material incorporated by reference at Lifesaving and Fire Safety 
Division (CG-5214), U.S. Coast Guard Headquarters, 2100 Second Street 
SW., Stop 7126, Washington, DC 20593-7126 between 9 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-372-1394. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ms. Brandi Baldwin, Lifesaving and Fire Safety Division 
(CG-5214), U.S. Coast Guard, telephone 202-372-1394, email 
Brandi.A.Baldwin@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of Comments and Changes
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. 2010 Coast Guard Authorization Act Sec. 608 (46 U.S.C. 
2118(a))
    N. Environment

[[Page 19938]]

I. Abbreviations

ANSI American National Standards Institute
CFR Code of Federal Regulations
CGMIX Coast Guard Marine Information Exchange
DHS Department of Homeland Security
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PFD Personal flotation device
STP Standards Technical Panel
UL Underwriters Laboratories
USCG United States Coast Guard

II. Regulatory History

    On March 30, 2011, the Coast Guard published a direct final rule 
entitled ``Inflatable Personal Flotation Devices'' in the Federal 
Register. 76 FR 17561. We received three submissions in response to the 
direct final rule: one supportive of the rulemaking generally, one 
which raised questions about a revision to one of the standards 
incorporated by reference, and one adverse comment related to the 
deletion of the words ``approved for use by adults only'' from the 
regulations. Because we received an adverse comment, on September 13, 
2011, the Coast Guard withdrew the direct final rule in a notice of 
withdrawal. 76 FR 56294. On September 29, 2011, the Coast Guard issued 
a notice of proposed rulemaking (NPRM) proposing the same content as 
the direct final rule, with one change to update a version of an 
industry standard proposed for incorporation by reference. 76 FR 60405. 
The NPRM also summarized and sought comment on the comments received in 
response to the direct final rule.

III. Basis and Purpose

    The Coast Guard is charged with establishing minimum safety 
standards, and procedures and tests required to measure conformance 
with those standards, for recreational vessels and associated 
equipment. See 46 U.S.C. 4302, and Homeland Security Delegation No. 
0170.1, section II, paragraph (92)(b). Under this authority, in 1995, 
the Coast Guard promulgated regulations establishing structural and 
performance standards for inflatable recreational PFDs, and procedures 
and tests necessary for Coast Guard approval of PFDs meeting those 
standards. See 46 CFR part 160, subpart 160.076 (Inflatable 
Recreational Personal Flotation Devices); 60 FR 32836 (June 23, 1995). 
Subpart 160.076 incorporates by reference three Underwriters 
Laboratories (UL) Standards: UL 1180, ``Fully Inflatable Recreational 
Personal Flotation Devices'' (First Edition); UL 1191, ``Components for 
Personal Flotation Devices'' (Second Edition); and UL 1123, ``Marine 
Buoyant Devices'' (Fifth Edition). 46 CFR 160.076-11.
    The editions of these UL Standards currently incorporated by 
reference into subpart 160.076 were current when the Coast Guard 
promulgated subpart 160.076 in 1995. However, UL has since published 
newer editions of these standards that the Coast Guard considers to 
contain technological and safety developments since 1995 that are 
important to codify in subpart 160.076. In this rule, the Coast Guard 
is updating the editions of the UL Standards incorporated by reference 
in subpart 160.076.
    In this final rule, the Coast Guard is also facilitating and 
encouraging the continuation of the industry consensus standards 
development process by signaling that the Coast Guard will consider, as 
part of a possible future rulemaking, the appropriateness of inflatable 
PFDs for wearers under 16 years of age and any new industry consensus 
standard addressing inflatable PFDs for wearers under 16 years of age. 
This rulemaking, however, does not constitute approval of the use of 
inflatable PFDs for users under 16 years of age or a proposal for such 
approval, nor does it resolve any technical issues regarding use of 
inflatable PFDs by persons under 16 years of age.

IV. Discussion of Comments and Changes

    The Coast Guard is revising 46 CFR part 160, subpart 160.076 to 
update the editions of the UL Standards incorporated by reference and 
to make necessary conforming changes resulting from incorporating the 
updated standards. The conforming changes include removing test 
methods, acceptance criteria, and other standards currently contained 
in subpart 160.076 that are made redundant by the newer editions of the 
UL Standards. The Coast Guard is also making minor, non-substantive 
editorial revisions to regulatory text in subpart 160.076. A complete 
discussion of these changes is available in the NPRM, published 
September 29, 2011. 76 FR 60405.
    In response to the direct final rule, which included the same 
content as proposed in the NPRM, the Coast Guard received three 
submissions: one supportive of the rulemaking generally, one that 
raised questions about a revision to one of the standards incorporated 
by reference, and one adverse comment related to the deletion of the 
words ``approved for use by adults only'' from the regulations. The 
commenter who expressed support cited the removal of barriers to the 
development of innovative inflatable PFDs as leading to an expected 
improvement in the quality and variety of inflatable lifejackets 
available to the public. The Coast Guard appreciates the support.
    The comment raising questions about a revision to one of the 
standards was resolved by a subsequent revision to UL 1191 following 
publication of the direct final rule which addressed that commenter's 
concern. In the NPRM, the Coast Guard proposed incorporating by 
reference the revised UL 1191.
    The adverse comment expressed concern that deleting the words 
``approved for use by adults only'' would create a perception that 
inflatable PFDs for youth would be available on the date the rule went 
into effect, would facilitate teens using existing inflatable PFDs, and 
would enable marketing of existing inflatable PFDs to youth.
    The Coast Guard does not agree. This rulemaking does not affect the 
population for which inflatable PFDs are approved, and thus does not 
affect the availability, use, or marketing of existing PFDs to or by 
the youth population, or sizing requirements. As stated in the direct 
final rule, inflatable PFDs will not be approved for persons under 16 
years of age until such time as the Coast Guard identifies, and 
incorporates by reference into Coast Guard regulations through a 
possible future rulemaking, a suitable industry standard that addresses 
the needs of younger wearers.
    Since there is no prohibition on manufacturing or marketing any 
inflatable PFD that is not approved by the Coast Guard (provided that 
it is not marked as Coast Guard-approved), this final rule has no 
effect on what PFDs are available or to whom they are marketed. 
Moreover, as noted in the direct final rule and in the NPRM, the 
removal of the words ``approved for adults only'' has no substantive 
effect on Coast Guard approval of inflatable PFDs. UL Standard 1180 
limits the approval of inflatable PFDs to persons of at least 16 years 
of age, and thus this final rule, which incorporates by reference a 
newer version of UL Standard 1180 (the Fourth Edition), continues to 
set the age limit for approved users of inflatable PFDs at 16 years of 
age. By removing the words ``approved for use by adults only,'' this 
final rule eliminates a regulatory redundancy specifying that 
inflatable PFDs approved by the Coast Guard are for use by adults only; 
after all, the

[[Page 19939]]

minimum age for use at 16 years of age is already specified in the 
standard incorporated by reference. Additionally, included within UL 
1180 (both the currently-incorporated First Edition and the Fourth 
Edition incorporated by this final rule) is the marking and labeling 
required for all Coast Guard-approved inflatable PFDs. Specifically, 
both editions of UL 1180 require a marking stating that the device is 
``USCG [a]pproved for use only on recreational boats by persons at 
least 16 years of age.'' As this marking appears on all currently 
approved inflatable PFDs, it is not reasonable to believe that these 
devices would be marketed to persons under 16 years of age.
    The adverse comment also expressed concern that this rulemaking is 
premature in light of work that still needs to be done to evaluate 
sizing requirements for infant or child PFDs. While the Coast Guard 
agrees that there is benefit to conducting additional research into the 
anatomical requirements for children and infants, this rulemaking is 
not premature because it does not make any changes based on current 
research. As noted in the direct final rule and the NPRM, this 
rulemaking does not resolve technical issues regarding use of 
inflatable PFDs by persons under 16 years of age. In fact, this final 
rule removes a perceived regulatory barrier to completing the necessary 
research and taking the steps to develop appropriate design, 
construction and testing standards for inflatable PFDs for persons 
under 16 years of age. The UL Standards Technical Panel (STP) views the 
words ``approved for use by adults only'' as prohibiting the 
development of a standard regarding use of inflatable PFDs by persons 
under 16 years of age. By removing these words, the Coast Guard is 
signaling that we will consider, as part of a possible future 
rulemaking, the appropriateness of inflatable PFDs for persons under 16 
years of age, and any new industry consensus standard addressing such 
inflatable PFDs. The Coast Guard recognizes that there are technical 
issues still to be resolved regarding use of inflatable PFDs by persons 
under 16 years of age, and this rulemaking demonstrates the Coast 
Guard's commitment to supporting industry and the STP in pursuing 
resolution of those issues.
    In the NPRM, the Coast Guard sought comment on the comments to the 
direct final rule, as well as comments on the rule in general. In 
response to the NPRM, the Coast Guard received 181 submissions.
    The majority of commenters misinterpreted this rulemaking as either 
proposing the approval or use of inflatable PFDs for persons under 16 
years of age, or proposing PFD use requirements, generally. As 
described above, this rulemaking makes no substantive change to the 
current age or weight requirements for Coast Guard approval of 
inflatable PFDs or the population for which they are approved. 
Additionally, this rulemaking does not address any requirements for PFD 
use or wear. As such, the majority of comments are outside the scope of 
this rulemaking. If the Coast Guard identifies a suitable standard for 
the approval of inflatable PFDs for persons under 16 years of age, and 
initiates a separate rulemaking, the Coast Guard will consider the 
comments addressing use of inflatable PFDs submitted to this 
rulemaking's docket as part of that separate, future rulemaking.
    Other commenters provided suggestions for revising PFD requirements 
generally, or revising carriage requirements, or expressed other 
concerns relating to PFDs generally. These comments also are beyond the 
scope of this rulemaking since this rulemaking only addresses Coast 
Guard approval of inflatable PFDs for persons 16 years of age and 
older.
    The comments addressing the substance of this rule were generally 
supportive. Several of these commenters also provided direct responses 
to the adverse comment. The Coast Guard appreciates this support and 
agrees with the responses to the adverse comment for the same reasons 
the Coast Guard disagrees with the substance of the adverse comment, as 
discussed above.
    One commenter suggested that the regulatory text should be revised 
to limit the use of inflatable PFDs to users ages 13 and up rather than 
leave the establishment of a lower age limit to the standards 
development organization. The Coast Guard does not agree. The Coast 
Guard is in fact establishing a lower age limit--which is 16 years of 
age--consistent with the current age limit. The Coast Guard is 
establishing this age limit not through specific regulatory text, but 
by incorporating by reference UL 1180 (Fourth Edition), which retains 
the age limit of 16 years of age in the currently-incorporated UL 1180 
(First Edition).
    Several commenters noted that the UL STP has already set the 
appropriate performance criteria to ensure that inflatable PFDs are 
safe, and other commenters indicated potential confusion over the role 
of the STP in developing industry consensus standards and the Coast 
Guard's role in incorporating those standards into its regulations. The 
Coast Guard agrees that the STP, of which the Coast Guard is a member, 
is the appropriate consensus body to develop these standards, and the 
Coast Guard supports its work. The Coast Guard clarifies that the STP, 
an independent, consensus industry group, is the forum for developing 
the appropriate standards for the design, construction, and testing of 
inflatable PFDs, and the Coast Guard encourages all interested parties 
to participate in the standards development process via the STP. Once 
the STP has developed and adopted any new standard, the Coast Guard 
will consider whether it is appropriate to incorporate the standard 
into Coast Guard rules. If so, the Coast Guard will initiate a 
rulemaking to solicit public input on its determination.
    Some commenters encouraged the Coast Guard to set a new limit of 13 
years of age to guide or limit the STP's work in developing a new 
industry consensus standard. This rulemaking does not address use of 
inflatable PFDs by persons under 16 years of age, and the Coast Guard 
does not agree that it should guide or limit the work of the STP, which 
is an independent, consensus industry group. The Coast Guard is only 
one of over 20 members of this group that is designed to have a 
balanced membership. The STP should develop and adopt a standard that 
the STP membership considers to meet the goals of the STP, and the 
Coast Guard will separately decide whether to incorporate the STP-
adopted standard into Coast Guard regulations. In the event that the 
STP develops a standard which does not achieve all of the criteria that 
the Coast Guard determines--on its own or based on public comment 
during the rulemaking--are necessary to ensure the safety of these 
devices, the Coast Guard may impose additional restrictions via 
regulations to ensure public safety. Additionally, any restrictions on 
the STP's work, such as an age limit, could ultimately become or lead 
to a barrier to innovation.
    Several commenters expressed concerns regarding development of 
consensus standards without sufficient research. The Coast Guard 
acknowledges these concerns but notes that development of consensus 
standards regarding inflatable PFDs is done by the STP. The Coast Guard 
considers the appropriateness of standards for incorporation into Coast 
Guard regulations, which could include consideration of the basis for 
the standard. As stated previously, although one of the purposes of 
this rulemaking is to allow for continued discussion of the technical 
matters relative to

[[Page 19940]]

development of a standard regarding use of inflatable PFDs for persons 
under 16 years of age, this rulemaking does not have any substantive 
effect on the requirements for Coast Guard approval of inflatable PFDs.
    One commenter referred to Coast Guard approval as a ``seal of 
safety.'' The Coast Guard points out that this is not an accurate 
statement. Coast Guard approval does not indicate or affect which PFDs 
may be manufactured and sold to the public. Coast Guard approval of any 
lifesaving or marine equipment, including PFDs, is available only for, 
and applicable only to, that equipment required by U.S. or 
international regulations to be carried or installed onboard vessels. 
46 CFR 2.75-1. Coast Guard approval simply indicates that the specified 
equipment satisfies U.S. carriage requirements, and does not in any way 
confer an endorsement of the product. Likewise, the absence of Coast 
Guard approval on a product does not imply that the product is unsafe; 
it only indicates that product has not been demonstrated to satisfy the 
relevant standards for approval. This final rule with updated standards 
does not affect inflatable PFDs previously approved by Coast Guard.
    One commenter supported the use of additional laboratories in the 
testing of PFDs for approval. The Coast Guard clarifies that this 
rulemaking does not affect the requirements for recognition of 
independent labs in accordance with 46 CFR 159.010, but rather 
identifies a more suitable means for providing the public with the list 
of labs recognized for this purpose. Prior to the availability of a 
web-based searchable list of labs, such as that contained on the Coast 
Guard Marine Information Exchange (CGMIX) Web site, all recognized 
laboratories were listed directly in the regulatory text, and a 
rulemaking was required to update the list when the information 
changed. By replacing the list in the regulations with a reference to 
CGMIX, the public has access to the complete list, in real time, 
without the Coast Guard having to initiate a rulemaking to update the 
list. This approach is consistent with the other subparts in subchapter 
Q that address Coast Guard approval of marine equipment. See, e.g., 45 
CFR subparts 160.115, 160.132, 160.133, and 160.135.
    One commenter indicated concern about the availability of technical 
specifications and standards being incorporated by reference. The Coast 
Guard notes that the direct final rule and NPRM provided a summary of 
the changes between the editions of the UL Standards currently 
contained in 46 CFR part 160, subpart 160.076 and the newer editions 
being incorporated by reference, in order to provide notice of the 
changes in technical specifications in Coast Guard regulations. The 
Coast Guard also notes that the direct final rule and the NPRM 
specified that the UL standards incorporated by reference in this rule 
are available from UL and provided necessary contact information.
    One commenter pointed out typos in the NPRM preamble where 160.076 
was mistakenly referred to as 160.067. The Coast Guard appreciates the 
input and confirms that those references apply to subpart 160.076.
    In response to these comments, the Coast Guard made only non-
substantive changes to format and to fix any typographical errors in 
the rule.

V. Incorporation by Reference

    The Director of the Federal Register has approved the material in 
46 CFR 160.076-11 for incorporation by reference under 5 U.S.C. 552 and 
1 CFR part 51. You may inspect this material at U.S. Coast Guard 
Headquarters where indicated under ADDRESSES. Copies of the material 
are available from the sources listed in paragraph (b) of Sec.  
160.076-11.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This final rule has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the final rule has not been reviewed by the Office 
of Management and Budget.
    We received no comments that would alter our assessment of impacts 
in the NPRM. We have found no additional data or information that would 
change our assessment of the impacts in the NPRM. We have adopted the 
analysis in the NPRM for this rule as final. A summary of the analysis 
follows:
    The Coast Guard does not expect this rule to result in additional 
costs to industry, as manufacturers of Coast Guard-approved inflatable 
PFDs already follow the editions of the UL Standards being incorporated 
by reference into 46 CFR part 160, subpart 160.076 by this rule. The 
Coast Guard requires approval tests to be performed by an independent 
laboratory recognized by the Coast Guard under 46 CFR part 159, subpart 
159.010. Currently, UL is the only recognized independent laboratory 
for inflatable PFDs, and UL requires manufacturers to conform to its 
most current standards, which are the editions being incorporated by 
reference into subpart 160.076. Additionally, UL offers a certification 
for those recreational inflatable PFDs that conform to UL's most 
current standards. The UL certification provides a product liability 
benefit to manufacturers, and obtaining the UL certification has become 
an industry custom for manufacturers of commercially-sold recreational 
inflatable PFDs.
    As described above, industry is currently following the editions of 
the UL Standards incorporated by reference into subpart 160.076 in this 
rule, and PFD manufacturers will adhere to these standards regardless 
of whether this rule is promulgated. Therefore, this modification to 46 
CFR part 160, subpart 160.076 is not expected to impose a burden on 
industry.
    In addition, the Coast Guard does not expect that removing the 
language ``approved for use by adults only'' in 46 CFR 160.076-1 will 
have a substantive impact because the standards approved by this 
rulemaking retain with the current age and weight limitations. As 
discussed above in the ``Discussion of the Rule'' section in this 
preamble, the age and weight limitations found in editions of the UL 
Standards long incorporated in subpart 160.076 are retained in the 
newer editions of the UL Standards incorporated by reference into 
subpart 160.076. The remaining changes to subpart 160.076 are minor 
editorial updates. For additional details, please see the ``Discussion 
of the Rule'' section in the NPRM, published September 29, 2011. 76 FR 
60405.
    The primary benefit of this rule is the increase in regulatory 
efficiencies in the maritime community by harmonizing Coast Guard 
regulations in 46 CFR part 160, subpart 160.076 with current voluntary 
industry consensus standards. This rule will result in greater 
consistency between Coast Guard regulations and consensus standards and 
will reduce burdens on

[[Page 19941]]

manufacturers who currently have to maintain multiple editions of the 
UL Standards to comply with Coast Guard regulations, to use UL as an 
independent laboratory to perform required tests, and to obtain the UL 
certification. This rule will also result in better compliance with the 
National Technology Transfer and Advancement Act (NTTAA), which directs 
agencies to use voluntary consensus standards in their regulatory 
activities.
    Because the rule harmonizes subpart 160.076 with existing UL 
Standards, ambiguity associated with inflatable PFD standards will be 
reduced. Harmonization of these standards is important to fulfill the 
Coast Guard's mission of establishing minimum safety standards, and 
procedures and tests required to measure conformance with those 
standards, for recreational vessels and associated equipment.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000 
people.
    In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. We received no public comments that would 
alter our certification in the NPRM. We have found no additional data 
or information that would change our findings in the NPRM.
    The Coast Guard estimates that this rule will not have an impact on 
small entities. As described in the ``Regulatory Planning and Review'' 
subsection, we do not expect this rule to result in additional costs to 
industry. However, this rule will improve efficiency by providing 
consistency between Coast Guard regulations and UL Standards. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets the applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

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

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

L. Technical Standards

    The NTTAA (15 U.S.C. 272 note) directs agencies to use voluntary 
consensus standards in their regulatory activities unless the agency 
provides Congress, through the Office of Management and Budget, with an 
explanation of why using these standards would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) that are developed or adopted 
by voluntary consensus standards bodies.
    This rule uses the following voluntary consensus standards: UL 
1123, ``UL Standard for Safety for Marine Buoyant Devices''; UL 1180, 
``UL Standard for Safety for Fully Inflatable Recreational Personal 
Flotation Devices''; and UL 1191, ``UL Standard for Safety for 
Components for Personal Flotation Devices.'' The section that 
references

[[Page 19942]]

these standards and the locations where these standards are available 
are listed in 46 CFR 160.076-11.

M. 2010 Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))

    Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L. 
111-281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and 
Seamen), Chapter 21 (General). New section 2118(a) sets forth 
requirements for standards established for approved equipment required 
on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part 
B (Inspection and Regulation of Vessels). Those standards must be ``(1) 
based on performance using the best available technology that is 
economically achievable; and (2) operationally practical.'' See 46 
U.S.C. 2118(a). This rule addresses inflatable recreational PFDs for 
Coast Guard approval that are required on vessels subject to 46 U.S.C. 
Subtitle II, Part B, and the Coast Guard has ensured that this rule 
satisfies the requirements of 46 U.S.C. 2118(a), as necessary.

N. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that does not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under section 6(a) of 
the ``Appendix to National Environmental Policy Act: Coast Guard 
Procedures for Categorical Exclusions, Notice of Final Agency Policy'' 
(67 FR 48243, July 23, 2002). This rule involves inflatable PFD 
standards and falls under regulations concerning safety equipment. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 46 CFR Part 160

    Marine safety, Incorporation by reference, Reporting and 
recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 160 as follows:

PART 160--LIFESAVING EQUIPMENT

0
1. The authority citation for part 160 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45 
FR 58801; 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  160.076-1(b) to read as follows:


Sec.  160.076-1  Scope.

* * * * *
    (b) Inflatable PFDs approved under this subpart rely entirely upon 
inflation for buoyancy.


Sec.  160.076-7  [Amended]

0
3. Amend Sec.  160.076-7(b) by adding the words ``(incorporated by 
reference, see Sec.  160.076-11)'' after the words ``UL 1180''.


Sec.  160.076-9  [Amended]

0
4. Amend Sec.  160.076-9(b) by adding the words ``(incorporated by 
reference, see Sec.  160.076-11)'' after the words ``UL 1180''.

0
5. Amend Sec.  160.076-11 as follows:
0
a. In paragraph (a), after the words ``one listed in'', remove the 
words ``paragraph (b) of''; and
0
b. Revise paragraph (b) to read as follows:


Sec.  160.076-11  Incorporation by reference.

* * * * *
    (b) Underwriters Laboratories (UL) Underwriters Laboratories, Inc., 
333 Pfingsten Road, Northbrook, IL 60062-2096 (Phone (847) 272-8800; 
Facsimile: (847) 272-8129; Web site: www.ul.com).
    (1) UL 1123, UL Standard for Safety for Marine Buoyant Devices, 
Seventh Edition including revisions through February 14, 2011, (dated 
October 1, 2008), (``UL 1123''), incorporation by reference approved 
for Sec.  160.076-35.
    (2) UL 1180, UL Standard for Safety for Fully Inflatable 
Recreational Personal Flotation Devices, Second Edition including 
revisions through December 3, 2010, (dated February 13, 2009), (``UL 
1180''), incorporation by reference approved for Sec. Sec.  160.076-7; 
160.076-9; 160.076-21; 160.076-23; 160.076-25; 160.076-31; 160.076-37; 
and 160.076-39.
    (3) UL 1191, UL Standard for Safety for Components for Personal 
Flotation Devices, Fourth Edition including revisions through August 
24, 2011, (dated December 12, 2008), (``UL 1191''), incorporation by 
reference approved for Sec. Sec.  160.076-21; 160.076-25; 160.076-29; 
and 160.076-31.

0
6. Revise Sec.  160.076-19 to read as follows:


Sec.  160.076-19  Recognized laboratories.

    The approval and production oversight functions that this subpart 
requires to be conducted by a recognized laboratory must be conducted 
by an independent laboratory recognized by the Coast Guard under 
subpart 159.010 of part 159 of this chapter to perform such functions. 
A list of recognized independent laboratories is available from the 
Commandant and online at https://cgmix.uscg.mil.

0
7. Revise Sec.  160.076-21 to read as follows:


Sec.  160.076-21  Component materials.

    Each component material used in the manufacture of an inflatable 
PFD must--
    (a) Meet the applicable requirements of subpart 164.019 of this 
chapter, UL 1191 and UL 1180 (incorporated by reference, see Sec.  
160.076-11), and this section; and
    (b) Be of good quality and suitable for the purpose intended.


Sec.  160.076-23  [Amended]

0
8. Amend Sec.  160.076-23(a)(1) by adding the words ``(incorporated by 
reference, see Sec.  160.076-11)'' after the words ``UL 1180''.

0
9. Amend Sec.  160.076-25 as follows:
0
a. In paragraph (a), after the words ``UL 1180'', add the words 
``(incorporated by reference, see Sec.  160.076-11)'';
0
b. Remove and reserve paragraph (c); and
0
c. Revise paragraph (d) to read as follows:


Sec.  160.076-25  Approval testing.

* * * * *
    (d) Each PFD design must be visually examined for compliance with 
the construction and performance requirements of Sec. Sec.  160.076-21 
and 160.076-23 and UL 1180 and UL 1191 (incorporated by reference, see 
Sec.  160.076-11).
* * * * *

0
10. Amend Sec.  160.076-29 as follows:
0
a. In paragraph (d), remove the words ``in accordance with UL 1180''; 
and
0
b. Revise paragraph (e)(4)(i) to read as follows:


Sec.  160.076-29  Production oversight.

* * * * *
    (e) * * *
    (4) * * *
    (i) Samples must be selected from each lot of incoming material. 
Unless otherwise specified, Table 29.1 of UL 1191 (incorporated by 
reference, see Sec.  160.076-11) prescribes the number of samples to 
select.
* * * * *


Sec.  160.076-31  [Amended]

0
11. Amend Sec.  160.076-31 as follows:

[[Page 19943]]

0
a. In paragraph (c)(1), remove the words ``The average and individual 
results of testing the minimum number of samples prescribed by Sec.  
160.076-25(d)(2)'' and add, in their place, the words ``The materials 
in each inflatable chamber''; and remove the words ``Sec.  160.076-
21(b) and (c)'' and add, in their place, the words ``Table 29.1 of UL 
1191 (incorporated by reference, see Sec.  160.076-11)'';
0
b. In paragraph (c)(2), remove the words ``Sec.  160.076-21(d)(2)(iv). 
The results for each inflation chamber must be at least 90% of the 
results obtained in approval testing'' and add, in their place, the 
words ``Table 29.1 of UL 1191'';
0
c. In paragraph (c)(3), after the words ``UL 1180'', add the words 
``(incorporated by reference, see Sec.  160.076-11)'', and remove the 
number ``7.15'', and add, in its place, the number ``41'';
0
d. In paragraph (c)(4), after the words ``UL 1180 section'', remove the 
number ``7.16'', and add, in its place, the number ``42'';
0
e. In paragraph (c)(5), after the words ``UL 1180 section'', remove the 
words ``7.2.2-7.2.10, except 7.2.5'' and add, in their place, the 
number ``29''; and
0
f. In paragraph (c)(6), after the words ``UL 1180 section'', remove the 
words ``7.4.1 and .2'' and add, in their place, the number ``31''.


Sec.  160.076-35  [Amended]

0
12. Amend Sec.  160.076-35 by adding the words ``(incorporated by 
reference, see Sec.  160.076-11)'' after the words ``UL 1123''.

Sec.  160.076-37  [Amended]

0
13. Amend Sec.  160.076-37(b) by removing the words ``section 11 of'' 
after the words ``specified in'' and by adding the words 
``(incorporated by reference, see Sec.  160.076-11)'' after the words 
``UL 1180''.


Sec.  160.076-39  [Amended]

0
14. Amend Sec.  160.076-39 as follows:
0
a. In paragraph (a), remove the words ``section 10'' and add, in their 
place, the words ``(incorporated by reference, see Sec.  160.076-11)''; 
and
0
b. Remove paragraph (e).

    Dated: March 22, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-7791 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P