Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17561 

Toxicology Program (NTP); Technical 

Report Series No. 11. 

10. Oser BL, Oser M, Spencer HC. 1963. 

Safety evaluation studies of calcium 

EDTA. Toxicology Applied 

Pharmacology 5:142–162. 

11. U.S. EPA. 2004. Recommendation for 

Tolerance Reassessment for 

Ethylenediaminetetraacetic Acid (EDTA) 

and various ammonium, calcium, 

copper, iron, potassium, manganese, 

sodium and zinc salts of EDTA. 

Memorandum from K. Boyle to 

B. Shackleford dated January 28, 2004. 

12. U.S. EPA. 2004. 

Ethylenediaminetetraacetic acid (EDTA) 

and the salts of EDTA: Science 

Assessment Document for Tolerance 

Reassessment. Memorandum from E. 

Reaves to K. Boyle dated January 26, 

2004. 

13. European Food Safety Authority Panel on 

Food Additives and Nutrient Sources 

added to Food 2010. Scientific opinion 

on the use of ferric sodium EDTA as a 

source of iron added for nutritional 

purposes to foods for the general 

population (including food supplements) 

and to foods for particular nutritional 

uses. EFSA Journal 8(1):1414. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children From 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions To 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

XI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 17, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1302 is added to 

subpart D to read as follows: 

§ 180.1302 Sodium Ferric 

Ethylenediaminetetraacetate (EDTA); 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of sodium ferric EDTA in or on all food 

commodities when applied as a 

molluscicide and used in accordance 

with good agricultural practices. 

[FR Doc. 2011–7465 Filed 3–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 160 

[USCG–2011–0076] 

RIN 1625–AB60 

Inflatable Personal Flotation Devices 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: By this direct final rule, the 

Coast Guard is harmonizing structural 

and performance standards for inflatable 

recreational personal flotation devices 

(PFDs) with current voluntary industry 

consensus standards. This direct final 

rule also slightly modifies regulatory 

text in anticipation of a future 

rulemaking addressing the population 

for which inflatable recreational PFDs 

are approved, but does not change the 

current affected population. 

DATES: This rule is effective September 

26, 2011 unless an adverse comment, or 

notice of intent to submit an adverse 

comment, is either submitted to our 

online docket via http:// 

www.regulations.gov on or before May 

31, 2011 or reaches the Docket 

Management Facility by that date. If an 

adverse comment, or notice to submit an 

adverse comment, is received by May 

31, 2011, we will withdraw this direct 

final rule and publish a timely notice of 

withdrawal in the Federal Register. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register on September 26, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

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2011–0076 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, e-mail 

or call Ms. Brandi Baldwin, Commercial 

Regulations and Standards Directorate, 

Office of Design and Engineering 

Standards, Lifesaving and Fire Safety 

Division (CG–5214), Coast Guard, 

telephone number 202–372–1394, or email Brandi.A.Baldwin@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 

I. Public Participation and Request for 

Comments 

A. Submitting comments 

B. Viewing comments and documents 

C. Viewing incorporation by reference 

material 

D. Privacy Act 

E. Public meeting 

II. Abbreviations 

III. Regulatory Information 

IV. Basis and Purpose 

V. Discussion of the Rule 

VI. Incorporation by Reference 

VII. Regulatory Analyses 

A. Executive Order 12866 and Executive 

Order 13563 

B. Small Entities 

C. Assistance for Small Businesses 

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 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit comments, please 

include the docket number for this 

rulemaking (USCG–2011–0076), 

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 

materials online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend 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 we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, and type 

‘‘USCG–2011–0076’’ in the ‘‘Keyword’’ 

box. 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 

have reached the Facility, please 

enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0076’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. If you do not have access to the 

Internet, you may also view the docket 

online 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Viewing Incorporation by Reference 

Material 

You may inspect the material 

incorporated by reference at U.S. Coast 

Guard Headquarters, 2100 2nd St., 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. 

D. Privacy Act 

Anyone can search the electronic 

form of 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). 

E. Public Meeting 

We do not plan to hold a public 

meeting for this rulemaking. But you 

may submit a request for one to the 

docket using one of the methods 

specified under ADDRESSES. In your 

request, explain why you believe a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place to be announced by a later 

notice in the Federal Register. 

II. Abbreviations 

ANSI American National Standards 

Institute 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

NEPA National Environmental Policy Act 

of 1969 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PFDs Personal Flotation Devices 

STP Standards Technical Panel 

UL Underwriters Laboratories 

USCG United States Coast Guard 

III. Regulatory Information 

We are publishing this direct final 

rule under 33 CFR 1.05–55 because we 

do not expect an adverse comment. If no 

adverse comment or notice of intent to 

submit an adverse comment is received 

by May 31, 2011, this rule will become 

effective as stated in the DATES section. 

In that case, approximately 30 days 

before the effective date, we will 

publish a document in the Federal 

Register stating that no adverse 

comment was received and confirming 

that this rule will become effective as 

scheduled. However, if we receive an 

adverse comment or notice of intent to 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17563 

submit an adverse comment, we will 

publish a notice in the Federal Register 

announcing the withdrawal of all or part 

of this direct final rule. If an adverse 

comment applies only to part of this 

rule (e.g., to an amendment, a 

paragraph, or a section) and it is 

possible to remove that part without 

defeating the purpose of this rule, we 

may adopt, as final, those parts of this 

rule on which no adverse comment was 

received. We will withdraw the part of 

this rule that was the subject of an 

adverse comment. If we decide to 

proceed with a rulemaking following 

receipt of an adverse comment, we will 

publish a separate notice of proposed 

rulemaking (NPRM) and provide a new 

opportunity for comment. 

A comment is considered adverse if 

the comment explains why this rule or 

a part of this rule would be 

inappropriate, including a challenge to 

its underlying premise or approach, or 

would be ineffective or unacceptable 

without a change. A comment 

addressing the merits of using inflatable 

PFDs, or expanding the population for 

which inflatable PFDs are approved, 

will not be considered an adverse 

comment because this rulemaking does 

not address those issues. The Coast 

Guard will consider those issues as part 

of a separate, future rulemaking. 

IV. 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 # 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 such PFDs meeting the standards. See 

46 CFR part 160, subpart 160.076 

(Inflatable Recreational Personal 

Floatation Devices); 60 FR 32835 (June 

23, 1995). Subpart 160.076 incorporates 

by reference three Underwriters 

Laboratories (UL) Standards 1180, 

‘‘Fully Inflatable Personal Flotation 

Devices’’ (First Edition); 1191, 

‘‘Components for Personal Flotation 

Devices’’ (Second Edition); and 1123, 

‘‘Marine Buoyant Devices’’ (Fifth 

Edition). 

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 direct final rule, the Coast Guard 

is updating the editions of the UL 

Standards incorporated by reference in 

subpart 160.076. 

The editions of these UL Standards 

currently incorporated by reference in 

subpart 160.076, as well the editions 

that will replace the currently 

incorporated versions, limit the use of 

inflatable PFDs to persons at least 16 

years of age and weighing more than 80 

pounds. Therefore, the Coast Guard only 

approves inflatable PFDs with these age 

and weight limitations. When the Coast 

Guard promulgated subpart 160.076, 

inflatable PFD-technology was relatively 

new and the appropriateness of these 

devices for children had not yet been 

explored. At that time, the Coast Guard 

stated, ‘‘The Coast Guard agrees with 

those comments that suggested that 

approval of inflatable PFDs for children 

is not appropriate at this time . . . . 

The issue of inflatable PFDs for children 

can be revisited after more experience is 

gained with the approval of inflatable 

PFDs for adults.’’ 60 FR 32839, 32841. 

As such, subpart 160.076 currently 

limits Coast Guard-approved inflatable 

PFDs to ‘‘use by adults only.’’ 46 CFR 

160.076–1(b)(2). 

Although the Coast Guard is not yet 

ready to revisit the issue of inflatable 

PFDs for children, the industry has 

begun considering the experience it has 

gained from adults’ usage of inflatable 

PFDs during the past 15 years, as well 

as advances in inflatable PFD 

technology, to explore the 

appropriateness of these devices for 

children and create an appropriate 

standard. 

In 2009, a member of the PFD 

industry submitted a proposal to the UL 

Standards Technical Panel (STP) 

proposing new standards for inflatable 

PFDs designed for children. The Coast 

Guard understands that the UL 

Standards development effort continues 

to move forward, and there may be other 

standards addressing inflatable PFDs for 

children in development. Inflatable 

PFDs constructed and tested to any new 

standard adopted by a consensus body, 

however, would not be eligible for Coast 

Guard approval until that standard is 

incorporated by reference into Coast 

Guard regulations after consideration of 

the appropriateness of incorporating 

such a new standard during a 

rulemaking that includes an opportunity 

for public comment. The Coast Guard 

plans to initiate such a rulemaking in 

the future and is using this to prepare 

for such a rulemaking as discussed 

below. 

This rulemaking does not constitute 

approval of the use of inflatable PFDs 

for users under 16 years of age. The 

newer editions of the UL Standards 

incorporated by reference in this rule 

retain requirements for inflatable PFDs 

for adult wearers only. While there are 

still outstanding concerns relative to the 

considerations for designing an 

inflatable PFD intended for use by 

wearers under the age of 16, the Coast 

Guard recognizes that these matters are 

being addressed by UL’s STP through 

the American National Standards 

Institute (ANSI)-accredited standards 

development process. The Coast Guard 

actively participates in the STP and 

continues to work cooperatively with 

the PFD industry to develop appropriate 

design, testing, and marking 

requirements for inflatable PFDs for use 

by children. This rule would facilitate 

and encourage the continuation of this 

process, but is not intended to resolve 

any technical issues. 

V. Discussion of the Rule 

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 regulatory 

text revisions to subpart 160.076 that 

have a non-substantive effect. 

A. Incorporations by Reference 

Updating the standards incorporated 

by reference in 46 CFR 160.076–11 is 

intended to harmonize the requirements 

for Coast Guard approval of recreational 

inflatable PFDs with voluntary industry 

consensus standards. 

The updated UL Standards are as 

follows: 

• UL 1180, ‘‘UL Standard for Safety 

for Fully Inflatable Recreational 

Personal Flotation Devices,’’ is updated 

from the May 1995 version (First 

Edition) to the February 2009 version 

(Second Edition); 

• UL 1191, ‘‘UL Standard for Safety 

for Components for Personal Flotation 

Devices’’ is updated from the May 1995 

version (Second Edition) to the February 

2008 version (Fourth Edition); and 

• UL 1123, ‘‘UL Standard for Safety 

for Marine Buoyant Devices,’’ is updated 

from the February 1995 version (Fifth 

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Edition) to the October 2008 version 

(Seventh Edition). 

These updated versions of the UL 

Standards include revisions that have 

been evaluated and adopted by UL’s 

STP, the ANSI-accredited Standards 

Development Organization for these 

standards, and reflect the industry-wide 

consensus standard for design, 

manufacturing, and testing of inflatable 

PFDs and PFD components. As 

discussed above in the ‘‘Basis and 

Purpose’’ section, the Coast Guard 

participated fully in the development of 

these standards through its 

representation on the STP. 

1. UL 1180 

UL 1180, ‘‘UL Standard for Safety for 

Fully Inflatable Recreational Personal 

Flotation Devices,’’ contains the design, 

construction, testing, and performance 

requirements for fully inflatable 

recreational PFDs for use by users over 

16 years of age and weighing at least 80 

pounds. Significant revisions in the 

Second Edition of UL 1180 from the 

First Edition include a revision to the 

temperature cycling test and the 

addition of testing requirements for an 

optional buddy line. The revision to the 

temperature cycle narrows the range of 

temperature extremes to harmonize with 

international test methods in the 

International Organization for 

Standardization’s ISO 12402–9 

‘‘Personal flotation devices—Part 9: Test 

methods.’’ The additional testing 

requirements for an optional buddy line 

provides the test procedures and 

acceptance criteria for an inflatable PFD 

equipped with a buddy line. This 

addition only impacts manufacturers 

who choose to equip inflatable PFDs 

with the optional buddy line. 

In a response to industry seeking 

approval for inflatable PFD designs not 

covered by UL 1180 First Edition, the 

Second Edition also includes four new 

supplements containing requirements 

for user-assisted inflatable PFDs, user 

convertible manual/automatic inflatable 

PFDs, manual inflators without cylinder 

seal indication, and inflatable work 

vests. The supplements address design 

innovations that manufacturers 

developed after publication of the First 

Edition. 

By incorporating by reference UL 

1180 Second Edition with these four 

new supplements, user-assisted 

inflatable PFDs, user convertible 

manual/automatic inflatable PFDs, 

manual inflators without cylinder seal 

indication, and inflatable work vests 

may now be approved under revised 46 

CFR part 160, subpart 160.076 setting 

forth design and performance standards 

for these types of inflatable PFDs. 

Currently, in order to review these 

design innovations for Coast Guard 

approval, the Coast Guard has been 

evaluating each submitted design 

innovation in accordance with 46 CFR 

160.076–16(g)(2) for an equivalent 

measure of safety to the specific 

standards in subpart 160.076. Section 

160.076–13(g)(2) provides for Coast 

Guard approval of an inflatable PFD that 

does not meet the specific standards in 

subpart 160.076 if the PFD ‘‘provides at 

least the same degree of safety provided 

by other PFDs that meet the 

requirements of this subpart.’’ See also 

46 CFR 159.005–7(e) (providing for 

similar ‘‘equivalent’’ approval, not 

specific to PFDs, for lifesaving 

equipment that ‘‘has equivalent 

performance characteristics’’ and ‘‘is at 

least as effective as [equipment] that 

meets the requirements [in relevant 

Coast Guard regulations]’’). The Coast 

Guard has been evaluating and 

approving user-assisted inflatable PFDs, 

user convertible manual/automatic 

inflatable PFDs, manual inflators 

without cylinder seal indication, and 

inflatable work-vests under 46 CFR 

160.076–13(g)(2) because the Coast 

Guard has determined that they provide 

at least the same degree of safety 

provided by inflatable PFDs meeting the 

standards in subpart 160.076. This 

rulemaking will make this extra 

evaluation under 46 CFR 160.076– 

13(g)(2) unnecessary for user-assisted 

inflatable PFDs, user convertible 

manual/automatic inflatable PFDs, 

manual inflators without cylinder seal 

indication, and inflatable work-vests; 

these types of PFDs will be reviewed for 

compliance with the specific standards 

set forth in the revised subpart 160.076. 

UL 1180 Second Edition also includes 

the option for the laboratory conducting 

required performance tests to use youth 

subjects who fit the necessary size 

requirements (e.g., weight and chest 

circumference) in the testing of adultsized PFDs, where appropriately sized 

adult subjects are not available. This 

new option, however, does not affect the 

Coast Guard approval of inflatable PFDs 

for use by adults only. Use of youth 

subjects is limited to performance 

testing only. 

UL 1180 Second Edition also includes 

editorial changes to correct typos and 

erroneous internal references. These 

editorial changes: clarify the 

requirements for the body, primary 

closure, collar, shoulder, and secondary 

closure strength tests; revise the format 

of the labels required by 46 CFR 

160.076–39, but do not change the 

required information; add a definition of 

‘‘white-water paddling’’; move 

component and material tests from UL 

1180 to UL 1191; and renumber the 

paragraphs in UL 1180. These changes 

are editorial in nature and have no 

substantive effect on Coast Guard 

approval of inflatable PFDs. 

2. UL 1191 

UL 1191, ‘‘UL Standard for Safety for 

Components for Personal Flotation 

Devices,’’ contains the construction, 

testing, and performance requirements 

for the materials and components used 

in the construction of PFDs generally. 

Several revisions in the Fourth Edition 

of UL 1191 from the Second Edition are 

not relevant to this rulemaking because 

the revisions address only inherently 

buoyant and hybrid PFDs, not inflatable 

PFDs. This rulemaking only addresses 

inflatable PFDs, and incorporating by 

reference the Fourth Edition into 46 

CFR part 160, subpart 1 160.076 only 

incorporates the portions of UL 1191 

pertaining to inflatable PFDs. 

The most notable substantive changes 

in UL 1191 Fourth Edition specific to 

inflatable PFDs are the addition of 

testing and performance standards for 

automatic and convertible manual/ 

automatic inflation systems. When the 

Coast Guard first promulgated 46 CFR 

part 160, subpart 160.076 in 1995, the 

only design for an inflatable PFD 

involved manual activation of the 

inflation mechanism. Since then, 

automatic and convertible manual/ 

automatic inflation systems have been 

developed, and nearly half of the 

inflatable PFD designs available in the 

U.S. market utilize automatic inflation. 

The addition of testing and performance 

standards for automatic and convertible 

manual/automatic inflation systems 

covers the innovative designs created by 

manufacturers since the Second Edition. 

As discussed above, the Coast Guard has 

been approving inflatable PFDs using 

automatic or convertible manual/ 

automatic inflation systems under 46 

CFR 160.076–13(g)(2) because they 

provide at least the same degree of 

safety provided by inflatable PFDs 

meeting the standards in 46 CFR part 

160, subpart 160.076. By incorporating 

UL 1191 Fourth Edition, inflatable PFDs 

using automatic or convertible manual/ 

automatic inflation systems will now be 

approved under the specific standards 

set forth in revised subpart 160.076, 

rather than as equivalent safety devices. 

UL 1191 Fourth Edition includes 

minor substantive changes from the 

Second Edition that provide greater 

flexibility to manufacturers in 

performing required tests or clarify 

existing requirements. These changes 

increase the tolerance for the gross 

cylinder weight to reflect the actual 

weights of available cylinders and add 

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tolerances for the cycle rate for fatigue 

conditioning of buckles to provide 

greater flexibility for laboratory 

equipment. The Fourth Edition 

eliminates the perchloroethylene 

exposures during the Operability/ 

Discharge Test because this test was 

determined not to be representative of 

the user environment of an inflatable 

PFD and therefore inapplicable as a 

safety test. The Fourth Edition also adds 

Xenon exposure as an optional 

accelerated weathering method to 

provide manufacturers another option to 

choose from for the required weathering 

tests. The Fourth Edition includes, for 

the first time, specifications for the 

water hardness and liquid detergent 

used for conditioning PFD components 

and materials to clarify certain test 

requirements and ensure repeatable test 

results. The Fourth Edition adds 

clarifying language to the test procedure 

for evaluating torsional stiffness of tie 

tapes. 

The Fourth Edition also includes one 

substantive change to incorporate 

directly in UL 1191 a portion of the 

requirements currently contained in 

subpart 160.076. The Fourth Edition 

contains the additional marking 

requirements for inflation systems 

currently required by 46 CFR 160.067– 

39(e). Because the Fourth Edition 

includes the additional marking 

requirements, these requirements will 

be deleted from the regulatory text in 

section 160.067–39(e), as discussed 

below in the ‘‘Conforming Changes’’ 

section. 

The Fourth Edition also includes 

editorial changes to correct typos and 

references to clarify the inflation system 

discharge test procedure and the 

maximum crack pressure for the 

operability test. 

3. UL 1123 

UL 1123, ‘‘UL Standard for Safety for 

Marine Buoyant Devices,’’ contains the 

design, construction, testing, and 

performance requirements for 

inherently buoyant recreational PFDs. 

The Coast Guard uses this standard in 

46 CFR part 160, subpart 160.076 only 

to define the format and content of the 

informational pamphlet required by 46 

CFR 160.076–35. The only revision in 

UL 1123 Seventh Edition relevant to 

inflatable PFDs is the removal of the 

statement in the standard erroneously 

indicating a sole publisher of the 

pamphlet. As such, this revision has no 

impact on Coast Guard approval of 

inflatable PFDs. 

B. Conforming Changes 

Because of the above discussed 

updates to the UL Standards 

incorporated by reference, the Coast 

Guard is making several conforming 

changes to the regulatory text to account 

for the revisions in the newer editions 

of the UL Standards. 

The Coast Guard is removing 

regulatory text that addresses 

requirements for inflatable PFDs that are 

contained in the UL 1180 Second 

Edition or UL 1191 Fourth Edition. 

Specifically, the Coast Guard is deleting 

from 46 CFR 160.076–21(b)–(c) and 

160.076–25(d)(2)(i)–(iv) the 

requirements and acceptance criteria for 

the grab breaking strength, tear strength, 

seam strength, and permeability tests for 

inflation chamber materials, which are 

included in the UL 1191 Fourth Edition. 

The Coast Guard is also deleting the 

repacking and rearming test from 45 

CFR 160.076–25(c) and the 

requirements for marking inflation 

mechanisms from 46 CFR 160.076–21(d) 

and 160.076–39(e) because these 

provisions are included in the UL 1180 

Second Edition. The deletion of this 

regulatory text has no substantive effect 

on the requirements for Coast Guard 

approval of recreational inflatable PFDs, 

because the requirements are retained in 

the updated UL Standards incorporated 

by reference in revised 46 CFR 160.076– 

11. Because incorporating a standard by 

reference is treated as if the 

requirements of the standards are 

published in the CFR, retaining this 

regulatory text would be redundant. 

The Coast Guard is also removing 

standards currently incorporated by 

reference in subpart 160.076 that will 

now apply through the newer edition of 

UL 1191. Because these standards will 

still apply to inflatable PFDs through 

the UL 1191 Fourth Edition 

incorporated by reference in subpart 

160.076, it would be redundant to retain 

the standards in subpart 160.076 text. 

Specifically, the Coast Guard is 

removing Federal Test Method Standard 

No. 191A (Federal Standard for Textile 

Test Methods), American Society for 

Testing and Materials’ ASTM D 751–95 

(Standard Test Methods for Coated 

Fabrics), and ASTM D 1434–82 

(Standard Test Method for Determining 

Gas Permeability Characteristics of 

Plastic Film and Sheeting), because 

those standards, or equivalent test 

methods, are referenced in UL 1191 

Fourth Edition. 

Finally, for the updated standards, the 

Coast Guard proposes editorial changes 

throughout the subpart to resolve 

references to deleted paragraphs, to 

update or remove cross-references to 

specific sections of the UL Standards, 

and to conform the formatting of 

incorporated references to current 

Federal Register requirements. 

C. Regulatory Text Revisions 

To prepare for a future rulemaking 

addressing inflatable PFDs for use by 

children, the Coast Guard is removing 

from § 160.076–1 (Scope) the words 

‘‘approved for use by adults only.’’ This 

removal, however, has no substantive 

effect on Coast Guard approval of 

inflatable PFDs because the editions of 

the UL Standards replacing the editions 

currently incorporated by reference in 

subpart 160.076 still limit the use of 

inflatable PFDs to persons who are at 

least 16 years of age and weigh more 

than 80 pounds. Removing these words 

prepares subpart 160.076 for a future 

rulemaking because, if the Coast Guard 

decides as part of that future rulemaking 

to extend the use of inflatable PFDs to 

children, the Coast Guard anticipates it 

will do so by again updating the 

standards incorporated by reference, 

which will be the only place in subpart 

160.076 that contains age and weight 

limitations after the effective date of this 

direct final rule. 

The Coast Guard is also revising 

§ 160.076–19 (Recognized laboratories) 

to replace the reference to Underwriters 

Laboratories (UL) as the sole recognized 

laboratory for testing of inflatable PFDs 

and PFD components with a reference to 

the Coast Guard’s Marine Information 

Exchange (CGMIX) Web site, where all 

Coast Guard recognized laboratories are 

listed. When subpart 160.076 was 

initially published in 1995, UL was, and 

currently continues to be, the only 

laboratory recognized by the Coast 

Guard for approval testing and 

production oversight of Coast Guardapproved inflatable PFDs and PFD 

components. However, additional 

laboratories may be recognized by the 

Coast Guard to perform these functions. 

In order to maintain a listing of 

recognized laboratories outside of the 

regulatory text consistent with such 

listings and information for other types 

of lifesaving equipment, the Coast 

Guard is replacing the list in subpart 

160.076 with the reference to where to 

find the list on the CGMIX. 

VI. Incorporation by Reference 

The Director of the Federal Register 

has approved the material in 46 CFR 

160.115–5 for incorporation by 

reference under 5 U.S.C. 552 and 1 CFR 

part 51. You may inspect this material 

at U.S. Coast Guard Headquarters where 

indicated under ADDRESSES. Copies of 

the material are available from the 

sources listed in paragraph (b) of 

§ 160.115–5. 

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VII. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Executive Order 12866 and Executive 

Order 13563 

This rulemaking 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 has not reviewed it under that 

Order. 

The Coast Guard does not expect this 

rulemaking 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 

rulemaking. 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 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 rulemaking, 

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 removing the language ‘‘approved 

for use by adults only’’ in 46 CFR 

160.076–1 to have a substantive impact 

because the Coast Guard will continue 

approving recreational inflatable PFDs 

with the current age and weight 

limitations. As discussed above in the 

‘‘Discussion of the Rule’’ section, the age 

and weight limitations are found in 

current editions of the UL Standards 

incorporated in subpart 160.076 and 

will be retained in the newer editions of 

the UL Standards being incorporated by 

reference into subpart 160.076 in this 

rulemaking. The remaining changes to 

subpart 160.076 are minor editorial 

updates. Please see the ‘‘Discussion of 

the Rule’’ section above for additional 

details. 

The primary benefit of this 

rulemaking will be 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 rulemaking 

will result in greater consistency 

between Coast Guard regulations and 

consensus standards and will reduce 

burdens on 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 rulemaking 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 rulemaking will 

harmonize subpart 160.076 with 

existing UL Standards, any 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 rulemaking will have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of fewer than 50,000 

people. 

The Coast Guard expects that this rule 

will not have an impact on small 

entities. As described in the ‘‘Executive 

Order 12866 and Executive Order 

13563’’ section, 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 that 

under 5 U.S.C. 605(b), this rule will 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 rule will 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 your business or organization 

qualifies, as well as how and to what 

degree this rule will 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), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

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 the rule has a substantial 

direct effect on State or local 

governments and would either preempt 

State law or impose a substantial direct 

cost of compliance on them. We have 

analyzed this 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 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 17567 

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 

does 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 National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule uses the following voluntary 

consensus standards: 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.’’ 

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 

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 

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 48244, July 23, 

2002). This rule involves personal 

flotation device 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 

■ 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. 

■ 2. Revise § 160.076–1(b) to read as 

follows: 

§ 160.076–1 Scope. 

* * * * * 

(b) Inflatable PFDs approved under 

this subpart rely entirely upon inflation 

for buoyancy. 

§ 160.076–7 [Amended] 

■ 3. Amend § 160.076–7(b) by adding 

the words ‘‘(incorporated by reference, 

see 160.076–11)’’ after the words ‘‘UL 

1180’’. 

§ 160.076–9 [Amended] 

■ 4. Amend § 160.076–9(b) by adding 

the words ‘‘(incorporated by reference, 

see 160.076–11)’’ after the words ‘‘UL 

1180’’. 

■ 5. Amend § 160.076–11 as follows: 

■ a. In paragraph (a), remove the first 

occurrence of the words ‘‘paragraph (b) 

of’’, which appears after the words ‘‘one 

listed in’’. 

■ b. Revise paragraph (b) to read as 

follows: 

§ 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). 

(1) UL Standard for Safety for Marine 

Buoyant Devices, UL 1123, Seventh 

Edition, October 1, 2008, (‘‘UL 1123’’), 

incorporation by reference approved for 

§ 160.076–35. 

(2) UL Standard for Safety for Fully 

Inflatable Recreational Personal 

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17568 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 

Flotation Devices, UL 1180, Second 

Edition, February 13, 2009, (‘‘UL 1180’’), 

incorporation by reference approved for 

§§ 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 Standard for Safety for 

Components for Personal Flotation 

Devices, UL1191, Fourth Edition, 

December 12, 2008, (‘‘UL 1191’’), 

incorporation by reference approved for 

§§ 160.076–21; 160.076–25; 160.076–29; 

and 160.076–31. 

■ 6. Revise § 160.076–19 to read as 

follows: 

§ 160.076–19 Recognized laboratories. 

The approval and production 

oversight functions that this subpart 

requires to be conducted by a 

recognized laboratory must be 

conducted by an independent laboratory 

recognized by the Coast Guard under 

subpart 159.010 of part 159 of this 

chapter to perform such functions. A list 

of recognized independent laboratories 

is available from the Commandant and 

online at http://cgmix.uscg.mil. 

■ 7. Revise § 160.076–21 to read as 

follows: 

§ 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 § 160.076–11), and this 

section; and 

(b) Be of good quality and suitable for 

the purpose intended. 

§ 160.076–23 [Amended] 

■ 8. Amend § 160.076–23(a)(1) by 

adding the words ‘‘(incorporated by 

reference, see § 160.076–11)’’ after the 

words ‘‘UL 1180’’. 

■ 9. Amend § 160.076–25 as follows: 

■ a. In paragraph (a), after the words 

‘‘UL 1180’’, add the words 

‘‘(incorporated by reference, see 

§ 160.076–11)’’; 

■ b. Remove and reserve paragraph (c); 

and 

■ c. Revise paragraph (d) to read as 

follows. 

§ 160.076–25 Approval Testing. 

* * * * * 

(d) Each PFD design must be visually 

examined for compliance with the 

construction and performance 

requirements of §§ 160.076–21 and 

160.076–23 and UL 1180 and UL 1191 

(incorporated by reference, see 

§ 160.076–11). 

* * * * * 

■ 10. Amend § 160.076–29 as follows: 

■ a. In paragraph (d), remove the words 

‘‘in accordance with UL 1180’’; and 

■ b. Revise paragraph (e)(4)(i) to read as 

follows: 

§ 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 

§ 160.076–11) prescribes the number of 

samples to select. 

* * * * * 

§ 160.076–31 [Amended] 

■ 11. Amend § 160.076–31 as follows: 

■ a. In paragraph (c)(1), remove the 

words ‘‘The average and individual 

results of testing the minimum number 

of samples prescribed by § 160.076– 

25(d)(2)’’ and add, in their place, the 

words ‘‘The materials in each inflatable 

chamber’’; and remove the words 

‘‘§ 160.076–21(b) and (c)’’ and add, in 

their place, the words ‘‘Table 29.1 of UL 

1191 (incorporated by reference, see 

§ 160.076–11)’’; 

■ b. In paragraph (c)(2), remove the 

words ‘‘§ 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.’’; 

■ c. In paragraph (c)(3), after the words 

‘‘UL 1180’’, add the words 

‘‘(incorporated by reference, see 

§ 160.076–11)’’, and remove the number 

‘‘7.15’’, and add, in its place, the number 

‘‘41’’; 

■ d. In paragraph (c)(4), after the words 

‘‘UL 1180’’, remove the number ‘‘7.16’’, 

and add, in its place, the number ‘‘42’’; 

■ e. In paragraph (c)(5), after the words 

‘‘UL 1180’’, remove the words ‘‘7.2.2– 

7.2.10, except 7.2.5’’ and add, in their 

place, the number ‘‘29’’; and 

■ f. In paragraph (c)(6), after the words 

‘‘UL 1180’’, remove the words ‘‘7.4.1 and 

.2’’ and add, in their place, the number 

‘‘31’’. 

§ 160.076–35 [Amended] 

■ 12. Amend § 160.076–35 by adding 

the words ‘‘(incorporated by reference, 

see § 160.076–11)’’ after the words ‘‘UL 

1123’’. 

§ 160.076–37 [Amended] 

■ 13. Amend § 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 § 160.076–11)’’ after the words ‘‘UL 

1180’’. 

§ 160.076–39 [Amended] 

■ 14. Amend § 160.076–39 as follows: 

■ a. In § 160.076–39(a), remove the 

words ‘‘section 10’’ after the words ‘‘UL 

1180’’ and add, in their place, the words 

‘‘(incorporated by reference, see 

§ 160.076–11)’’; and 

■ b. Remove paragraph (e). 

Dated: March 18, 2011. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2011–7283 Filed 3–29–11; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[FCC 06–94] 

Practice and Procedure 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: The Federal Communications 

Commission has published a number of 

requirements related to practice and 

procedure before the Commission. This 

document announces the approval of 

the Office of Management and Budget 

(OMB) for information collection 

requirements contained in the sections 

outlined in the DATES section. 

DATES: Effective March 30, 2011, the 

following regulation has been approved 

by OMB: 47 CFR 1.47(h), published at 

71 FR 38781, July 10, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Degani, Telecommunications 

Access Policy Division, Wireline 

Competition Bureau, at (202) 418–7400. 

SUPPLEMENTARY INFORMATION: On July 

10, 2006, the Commission published a 

Report and Order at 71 FR 38781. That 

Report and Order amended, among 

other sections, § 1.47(h) of the 

Commission rules to require 

interconnected Voice over Internet 

Protocol (VoIP) providers to designate 

an agent for service of documents. On 

March 19, 2007, OMB approved the 

information collection requirements 

contained in § 1.47(h) of title 47 of the 

United States Code of Federal 

Regulations as a revision to OMB 

Control Number 3060–0855. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–7383 Filed 3–29–11; 8:45 am] 

BILLING CODE 6712–01–P 

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