Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9859 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region VIII 

North Dakota: 

Hettinger County, Unincorporated Areas 380293 July 7, 1975, Emerg; February 19, 1987, 

Reg; March 2, 2012, Susp. 

......do ............... Do. 

Mott, City of, Hettinger County .............. 380038 October 20, 1972, Emerg; December 15, 

1976, Reg; March 2, 2012, Susp. 

......do ............... Do. 

Regent, City of, Hettinger County ......... 380198 August 5, 1975, Emerg; January 30, 1984, 

Reg; March 2, 2012, Susp. 

*do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: February 7, 2012. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Department 

of Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2012–3887 Filed 2–17–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 160 

[Docket No. USCG–2010–0048] 

RIN 1625–AB46 

Lifesaving Equipment: Production 

Testing and Harmonization With 

International Standards 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule. 

SUMMARY: The Coast Guard is amending 

the interim rule addressing lifesaving 

equipment to harmonize Coast Guard 

regulations for inflatable liferafts and 

inflatable buoyant apparatuses with 

recently adopted international standards 

affecting capacity requirements for such 

lifesaving equipment. 

DATES: This interim rule is effective 

March 22, 2012. The Director of the 

Federal Register has approved the 

incorporation by reference of certain 

publications listed in this rule effective 

March 22, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0048 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2010–0048 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

Viewing incorporation by reference 

material. You may inspect the material 

incorporated by reference at U.S. Coast 

Guard Headquarters, 2100 Second Street 

SW., Washington, DC 20593–7126 

between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–372– 

1389. Copies of the material are 

available as indicated in the 

‘‘Incorporation by Reference’’ section of 

this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, email 

or call Ms. Jacqueline Yurkovich, 

Commercial Regulations and Standards 

Directorate, Office of Design and 

Engineering Standards, Lifesaving and 

Fire Safety Division (CG–5214), Coast 

Guard; email TypeApproval@uscg.mil, 

telephone 202–372–1389. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Discussion of the Interim Rule 

V. Incorporation by Reference 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Coast Guard Authorization Act Sec. 608 

(46 U.S.C. 2118(a)) 

N. Environment 

I. Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

IMO International Maritime Organization 

LSA Life-saving Appliance 

MSC Maritime Safety Committee of the 

International Maritime Organization 

NEPA National Environmental Policy Act 

1969 (42 U.S.C. 4321–4370f) 

NPRM Notice of Proposed Rulemaking 

NTTAA National Technology Transfer and 

Advancement Act (15 U.S.C. 272 note) 

OMB Office of Management and Budget 

SNPRM Supplemental Notice of Proposed 

Rulemaking 

SOLAS International Convention for Safety 

of Life at Sea, 1974, as amended 

§ Section symbol 

USCG United States Coast Guard 

II. Regulatory History 

On August 31, 2010, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Lifesaving 

Equipment: Production Testing and 

Harmonization With International 

Standards’’ in the Federal Register. See 

75 FR 53458. On October 11, 2011, the 

Coast Guard published an interim rule 

titled ‘‘Lifesaving Equipment: 

Production Testing and Harmonization 

With International Standards; Interim 

Rule’’ (2011 interim rule) making 

effective changes proposed in the 

NPRM. 76 FR 62962. Also on October 

11, 2011, the Coast Guard published a 

supplementary notice of proposed 

rulemaking (SNPRM) proposing 

amendments to the portion of the Code 

of Federal Regulations (CFR) modified 

by the 2011 interim rule regarding 

inflatable liferafts and buoyant 

apparatuses. 76 FR 62714. The SNPRM 

addressed amendments to international 

standards affecting capacity 

requirements for inflatable liferaft and 

inflatable buoyant apparatuses that were 

recently adopted by the International 

Maritime Organization (IMO) and that 

entered into force on January 1, 2012. 

mstockstill on DSK4VPTVN1PROD with RULES

9860 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

1Although the numbers are similar, the assumed 

average occupant mass of 82.5 kg (181.5 lbs) 

adopted by IMO for survival craft design and 

approval testing purposes and the average 

passenger weight of 185 lbs used in the Coast 

Guard’s Passenger Weight and Inspected Vessel 

Stability Requirements Final Rule (75 FR 78064) are 

not related. The Passenger Weight Final Rule 

updated regulations that address vessel stability 

and the assumed average passenger weights that 

directly affect vessel stability. This rule, however, 

would use the assumed average occupant mass of 

82.5 kg (181.5 lbs) to address safe loading of 

inflatable liferafts and buoyant apparatuses, and 

does not address vessel stability. The IMO-adopted 

assumed average occupant mass is the international 

consensus standard, and the Coast Guard views this 

IMO standard as the best standard in this context. 

The IMO amendments to the 

international standards affect the 2011 

interim rule regarding inflatable liferafts 

and inflatable buoyant apparatuses. The 

IMO amendments affect capacity 

requirements for such liferafts, and by 

extension buoyant apparatuses, but do 

not affect any other part of the 2011 

interim rule. 

III. Basis and Purpose 

The Coast Guard is charged with 

ensuring that lifesaving equipment used 

on vessels subject to inspection by the 

United States meets specific design, 

construction, and performance 

standards, including those found in the 

International Convention for the Safety 

of Life at Sea, 1974, as amended, 

(SOLAS), Chapter III ‘‘Life-saving 

appliances and arrangements.’’ See 46 

U.S.C. 3306. The Coast Guard carries 

out this charge through the approval of 

lifesaving equipment per 46 CFR part 2, 

subpart 2.75. The approval process 

includes pre-approving lifesaving 

equipment designs, overseeing 

prototype construction, witnessing 

prototype testing, and monitoring 

production of the equipment for use on 

U.S. vessels. See 46 CFR part 159. At 

each phase of the approval process, the 

Coast Guard sets specific standards to 

which lifesaving equipment must be 

built and tested. 

The Coast Guard’s specific standards 

for inflatable liferafts are found in 46 

CFR part 160, subparts 160.151 

(Inflatable Liferafts (SOLAS)) and 

160.051 (Inflatable Liferafts for 

Domestic Service). The Coast Guard’s 

specific standards for inflatable buoyant 

apparatuses are found in 46 CFR part 

160, subpart 160.010 (Buoyant 

Apparatus for Merchant Vessels). 

Current subpart 160.151 satisfies 

SOLAS requirements, and current 

subparts 160.051 and 160.010 require 

compliance with the standards in 

subpart 160.151, with some specifically 

listed exceptions. See 46 CFR 160.051– 

1 and 160.010–3(a). 

Subpart 160.151 implements SOLAS 

requirements by incorporating by 

reference the IMO standards referenced 

by Chapter III of SOLAS. The primary 

IMO standards referenced by Chapter III 

of SOLAS are the ‘‘Revised 

recommendation on testing of lifesaving appliances’’ (Recommendation 

on Testing), IMO Resolution 

MSC.81(70), and the ‘‘International Lifesaving Appliance Code’’ (LSA Code), 

IMO Resolution MSC.48(66). The IMO 

updates these standards by adopting 

MSC resolutions promulgating 

amendments to these standards. 

In the 2011 interim rule, the Coast 

Guard revised subpart 160.151 to, 

among other things, update the version 

of the Recommendation on Testing 

incorporated by reference, and 

incorporate by reference for the first 

time the LSA Code. Subpart 160.151– 

5(d)(3) and (4) of Title 46 of the CFR 

incorporate by reference the LSA Code 

(as amended up through resolutions 

MSC.207(81), MSC.218(82), and 

MSC.272(85)), and the Recommendation 

on Testing (as amended up through 

resolutions MSC.226(82) and 

MSC.274(85)). Subparts 160.051 and 

160.010 retain, with some specifically 

listed exceptions, the requirement for 

compliance with the standards in 

subpart 160.151, which will now also 

include the updated versions of the 

Recommendation on Testing and the 

LSA Code. 

IMO recently adopted two new MSC 

resolutions further amending the LSA 

Code and the Recommendation on 

Testing: ‘‘Adoption of Amendments to 

the International Life-Saving Appliance 

(LSA) Code’’ (MSC.293(87)) and 

‘‘Adoption of Amendments to the 

Revised Recommendation on Testing of 

Life-Saving Appliances’’ (MSC.295(87)). 

Resolution MSC.293(87) amends the 

LSA Code and entered into force on 

January 1, 2012. This resolution 

increases the assumed average mass of 

liferaft occupants from 75 kg to 82.5 kg 

for inflatable liferaft design and 

approval testing purposes.1

Resolution MSC.295(87) amends the 

Recommendation on Testing and also 

entered into force on January 1, 2012. 

This resolution specifies revisions 

necessary to account for this assumed 

average mass increase with respect to 

certain existing tests. The tests required 

by the Recommendation on Testing, Part 

1 (Prototype Tests), significantly 

affected by Resolution MSC.295(87), are: 

The jump test, loading and seating test, 

davit-launched liferaft boarding test, 

damage test, righting test, and davitlaunched inflatable liferaft strength 

tests. 

Based on these amendments, the 

Coast Guard is revising the regulations 

modified by the 2011 interim rule to 

include the increased average mass of 

liferaft occupants and to require liferaft 

performance under subpart 160.151 to 

comply with the revisions to tests 

necessitated by the occupant weight 

increase. This revision to subpart 

160.151 will also, by extension, affect 

liferaft performance under subpart 

160.051 and inflatable buoyant 

apparatus performance under subpart 

160.010. 

IV. Discussion of This Interim Rule 

In this new interim rule, the Coast 

Guard is revising § 160.151–5(d) to 

incorporate by reference Resolution 

MSC.293(87) and Resolution 

MSC.295(87), and revising all references 

to the LSA Code and Recommendation 

on Testing to include the newly 

incorporated by reference Resolutions. 

References to the LSA Code will become 

‘‘LSA Code, as amended by Resolution 

MSC.293(87),’’ and references to the 

Recommendation on Testing will 

become ‘‘Revised recommendation on 

testing, as amended by Resolution 

MSC.295(87).’’ These revisions will 

affect the tests in §§ 160.151–27, 

160.151–29, 160.151–31, and 160.151– 

57, which refer to the Recommendation 

on Testing. A complete discussion of 

these changes is available in the 

SNPRM, published October 11, 2011. 76 

FR 62714. 

The Coast Guard received one 

comment in response to the SNPRM. 

The comment addresses the Coast 

Guard’s expanded use of qualified 

independent laboratories, instead of 

Coast Guard inspectors, during the 

approval process and for production 

inspections of certain types of lifesaving 

equipment. This comment is beyond the 

scope of the SNPRM and this interim 

rule, which addresses the increase in 

occupant mass for SOLAS life rafts 

based on two new IMO Resolutions 

only. The Coast Guard sought public 

comment in the 2010 NPRM on the 

Coast Guard’s proposal regarding 

expanded use of independent 

laboratories, and finalized that proposal 

in the 2011 interim rule. As stated in the 

2011 interim rule, the Coast Guard still 

finds the use of independent 

laboratories in the Coast Guard’s 

approval process to be ‘‘the most 

effective manner’’ of executing and 

carrying out its obligations under 46 

U.S.C. section 3306. See the discussion 

regarding the use of independent labs to 

perform these inspections in III.B 

‘‘Independent Laboratories’’ in the 

Preamble of the interim rule published 

on October 11, 2011. The Coast Guard 

did not make any changes to the 

regulations in response to this comment. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9861 

In this interim rule, the Coast Guard 

is making non-substantive changes to 

the citations for the IMO resolutions 

incorporated by reference. The changes 

update the citations for IMO resolutions 

to make them easier to identify and to 

obtain copies. These citation updates 

have not changed the IMO resolutions 

or the versions of the IMO resolutions 

from the SNPRM to the interim rule. 

V. Incorporation by Reference 

The Director of the Federal Register 

has approved the material in 46 CFR 

160.151–5 for incorporation by 

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

part 51. You may inspect this material 

at U.S. Coast Guard Headquarters where 

indicated under ADDRESSES. Copies of 

the material are available from the 

sources listed in paragraph (d) of 

§ 160.151–5. 

VI. Regulatory Analyses 

The Coast Guard developed this 

interim rule after considering numerous 

statutes and executive orders related to 

rulemaking. Below the Coast Guard 

summarizes these analyses based on 14 

of these statutes or executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

interim rule has not been designated a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, the interim rule has not 

been reviewed by the Office of 

Management and Budget. 

The Coast Guard received no 

comments that altered our assessment of 

impacts in the SNPRM. We have found 

no additional data or information that 

changed our findings in the NPRM. We 

have adopted the assessment in the 

SNPRM for this rule as final. 

The SNPRM is available in the docket 

where indicated under the ‘‘Public 

Participation and Request for 

Comments’’ section of this preamble. A 

summary of the analysis follows: This 

interim rule addresses the change in the 

international standard for occupant 

weight used in testing equipment to 

establish the rated capacity of inflatable 

liferafts and inflatable buoyant 

apparatuses. This interim rule revises 

the occupant weight or ‘‘assumed 

average occupant mass’’ from the 

current 75 kg to the new weight 

standard of 82.5 kg. 

The Coast Guard issues a Certificate of 

Approval for inflatable liferafts and 

inflatable buoyant apparatuses under 

the applicable subpart in 46 CFR part 

160 after successful testing of those 

appliances by their manufacturers. A 

Certificate of Approval specifies the 

number of occupants (or rated capacity) 

for which the inflatable liferaft or 

inflatable buoyant apparatus is designed 

and has been successfully tested, and 

the Certificate must be renewed every 5 

years. New testing is not required to 

renew a current Certificate, but new 

approval requests require testing before 

a Certificate can be issued. 

Costs 

While this interim rule requires 

manufacturers to conduct prototype and 

production tests for inflatable liferafts 

and inflatable buoyant apparatuses 

manufactured on or after March 22, 

2012 using the new occupant weight 

standard, it would limit re-testing of 

currently approved equipment, thus 

limiting the cost impact on 

manufacturers. And, as discussed in 

section IV. Discussion of the Interim 

Rule (referencing the complete 

discussion of the rule in the SNPRM, 

published October 11, 2011 (76 FR 

62714)), this interim rule does not apply 

to liferafts currently in service aboard 

U.S. vessels; thus, no vessel would 

incur replacement costs for liferafts. A 

summary of changes to the baseline 

testing requirements is shown in Table 

1. 

TABLE 1—SUMMARY OF CHANGES

Device Testing type 

Existing equipment (approval prior to January 1, 2012) New equipment 

(approval after January 1, 2012) 

Testing Impacts Testing Impacts 

SOLAS Inflatable 

Liferafts 

(160.151).

Prototype testing .. Manufacturers must obtain a new 

Certificate of Approval certifying 

rated occupancy using the new occupant weight standard. Manufacturers may either re-test or have a 

certification made using previous 

test results adjusted for the new 

occupant weight standard.

Testing costs are negligible on a unit 

cost basis.

Units with rated 

capacity of less 

than 6 occupants are ineligible for SOLAS 

service.

Costs of testing 

unchanged as 

nature of the 

test is unchanged.

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged.

Units with rated 

capacity of less 

than 6 occupants are ineligible for SOLAS 

service. 

Production Testing All tests use the new weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged.

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged. 

Non-SOLAS Inflatable Liferafts 

(160.051).

Prototype testing .. Existing Certificates of Approval may 

be renewed without re-testing.

No cost or benefit 

as the use of 

the new occupant weight 

standard is optional.

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged. 

mstockstill on DSK4VPTVN1PROD with RULES

9862 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

TABLE 1—SUMMARY OF CHANGES—Continued 

Device Testing type 

Existing equipment (approval prior to January 1, 2012) New equipment 

(approval after January 1, 2012) 

Testing Impacts Testing Impacts 

Production Testing No cost or benefit. The use of the new occupant weight 

standard is optional for equipment manufactured under 

an existing Certificate of Approval. 

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged. 

Inflatable Buoyant 

Apparatus 

(160.010).

Prototype testing .. Existing Certificates of Approval may 

be renewed without re-testing.

No cost or benefit 

as the use of 

the new occupant weight 

standard is optional.

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged. 

Production Testing No cost or benefit. The use of the new occupant weight 

standard is optional for equipment manufactured under 

an existing Certificate of Approval. 

All tests use the 

new occupant 

weight standard 

to establish occupancy rating.

Costs of testing 

unchanged as 

nature of the 

test is unchanged. 

SOLAS Inflatable Liferafts (Subpart 

160.151) 

As shown in Table 1 above, 

manufacturers of SOLAS inflatable 

liferafts approved under subpart 

160.151 (SOLAS liferafts) and 

manufactured on or after March 22, 

2012 are allowed the option of either retesting using the new occupant weight 

standard or requesting certification for a 

lower rated occupancy (adjusted for the 

new occupant weight standard) based 

on the certification testing submitted for 

their current approval. 

The principal cost impact for 

manufacturers of SOLAS liferafts will be 

for currently approved inflatable 

liferafts whose rated capacity is six 

using the current 75 kg occupant weight 

standard. Since SOLAS requires that 

inflatable liferafts have a minimum 

capacity of six, any SOLAS liferaft 

currently approved for six occupants 

will have to be re-tested under the new 

occupant weight standard in order to 

retain approval. 

Currently, there are 10 manufacturers 

that produce 109 models of SOLAS 

liferafts. Of these, there are 11 liferaft 

models (from eight manufacturers) 

whose rated capacity is six (Table 2). 

These 11 models will be required to retest to maintain their SOLAS 

certification. Three of these eight 

manufacturers are U.S. firms and they 

each produce one model of inflatable 

liferaft with a rated occupancy of six 

occupants. Of those three models, one 

model is designed primarily for use in 

aircraft under a Federal Aviation 

Administration approval number. The 

three models produced by U.S. firms 

and the eight models manufactured by 

foreign firms will have to be re-tested in 

order to verify a minimum occupancy 

rating under the new occupant weight 

standard to be used on SOLAS vessels. 

From estimates obtained from industry, 

we estimate the costs of re-testing for 

compliance with the new occupant 

weight standard at $1,800 for each 

model. 

We estimate the total cost to industry 

to re-test all current SOLAS liferaft 

models as $19,800 ($14,400 for foreign 

manufacturers and $5,400 for U.S.- 

owned manufacturers). See Table 2 

below. 

TABLE 2—SOLAS LIFERAFTS

Manufacturer Number of 

manufacturers 

Total number of 

models of liferaft 

produced 

Total number of 

models of liferaft 

produced with an 

occupancy rating 

of 6 

Cost to re-test 

each SOLAS 

liferaft 

Total cost to 

retest 

Foreign owned ................................................. 7 104 8 $1,800 $14,400 

U.S. owned ...................................................... 3 5 3 1,800 5,400 

Total .......................................................... 10 109 11 1,800 19,800 

Non-SOLAS Inflatable Liferafts (Subpart 

160.051) and Inflatable Buoyant 

Apparatus (Subpart 160.010) 

As shown earlier in Table 1, 

manufacturers of domestic service 

inflatable liferafts under subpart 

160.051 (domestic service liferafts) and 

inflatable buoyant apparatuses under 

subpart 160.010 manufactured on or 

after March 22, 2012 under current 

Certificates of Approval, have the option 

of using either the old 75 kg or the new 

82.5 kg occupant weight standard. If a 

manufacturer of domestic service 

liferafts or a manufacturer of inflatable 

buoyant apparatuses with current 

Certificates of Approval chooses to use 

the new occupant weight standard, it 

also has the option of either re-testing 

using the new occupant weight standard 

or requesting re-certification for a lower 

number of occupants (adjusted for the 

new occupant weight standard). 

Manufacturers of domestic inflatable 

liferafts under subpart 160.051 or 

inflatable buoyant apparatuses under 

160.010 are required to use the new 

occupant weight standard only when 

testing domestic inflatable liferafts or 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9863 

inflatable buoyant apparatuses approved 

after March 22, 2012. 

In terms of the cost of the regulation: 

1. While prototype testing for all 

SOLAS liferafts on or after March 22, 

2012, will have to employ the new 

occupant weight standard, there is no 

additional cost in performing the 

required tests due to the change in the 

testing weight because the nature of the 

test remains the same. 

2. Production testing of all SOLAS 

liferafts manufactured on or after March 

22, 2012 will require testing using the 

new occupant weight standard. As with 

prototype testing, there is no additional 

cost in performing the required tests due 

to the change in the testing weight 

because the nature of the test remains 

the same. 

3. For production testing of SOLAS 

liferafts, the manufacturer may either 

request a certification with a lower 

maximum occupancy based on the new 

occupant weight standard or re-test the 

equipment for certification of its current 

rated capacity using the new occupant 

weight standard. 

4. The 11 models (three models made 

by U.S. manufacturers) of SOLAS 

inflatable liferafts whose current rated 

capacity is six occupants, would have to 

verify that they meet the minimum 

SOLAS requirements for a capacity of 

six occupants at the new occupant 

weight standard if they wish to continue 

their current SOLAS approval status. 

5. For both prototype and production 

testing of domestic service inflatable 

liferafts and inflatable buoyant 

apparatuses approved by the Coast 

Guard prior to March 22, 2012 the 

manufacturer may test under either the 

75 kg or the 82.5 kg occupant weight 

standard with no change to testing 

based on the new occupant weight 

standard. 

6. For prototype and production 

testing of domestic service inflatable 

liferafts and inflatable buoyant 

apparatuses approved on or after March 

22, 2012 the manufacturer must test 

under the 82.5 kg occupant weight 

standard. 

For inflatable liferafts approved under 

subpart 160.051 prior to March 22, 2012 

and inflatable buoyant apparatuses 

approved under subpart 160.010 prior to 

March 22, 2012, the cost of testing 

equipment at the higher occupant 

weight standard is voluntary, as 

domestic liferafts and inflatable buoyant 

apparatuses may be certified using 

either occupant weight standard. 

Likewise, equipment manufactured 

under a current Certificate of Approval 

is required to be re-tested only if the 

manufacturer elects to retain their 

current rated capacity for their 

equipment under the higher occupant 

weight standard. However, 

manufacturers have the option to reduce 

the current rated capacities of their 

equipment to comply with the new 

occupant weight standard, provided that 

the resulting capacity does not conflict 

with the minimum required capacity 

applicable to that equipment. 

Prototype and production testing of 

all SOLAS liferafts approved under 

subpart 160.151 is required using the 

higher 82.5 kg occupant weight 

standard. The Coast Guard has no 

evidence to suggest that testing at the 

higher occupant weight standard will 

involve additional testing costs for 

manufacturers because the nature of the 

test remains the same. 

Benefits 

The principal benefit of the interim 

rule is the protection of life at sea by 

establishing capacity standards for 

inflatable liferafts and inflatable 

buoyant apparatuses reflecting a global 

increase in mariner weights. 

Additionally, the rule ensures 

compliance with internationally 

applicable standards for SOLAS 

adopted by IMO where noncompliance 

would exclude the use of inflatable 

liferafts manufactured under subpart 

160.151 aboard SOLAS vessels. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), the Coast Guard has 

considered whether this rule will have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

An SNPRM discussing the impact of 

this rule on small entities is available in 

the docket where indicated under the 

‘‘Public Participation and Request for 

Comments’’ section of this preamble. In 

the SNPRM, the Coast Guard certified 

under 5 U.S.C. 605(b) that the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. We received no comments on 

this certification and have made no 

changes that would alter our assessment 

of the impacts in the SNPRM. 

We have identified three U.S.-owned 

entities involved in the manufacture of 

SOLAS liferafts manufactured under 

subpart 160.151. All are business 

entities, and all are small entities. For 

manufacturers seeking certification of 

equipment currently approved under 

subpart 160.151 whose rated capacity is 

six, re-testing at the higher occupant 

weight standard will be required to 

retain their SOLAS approval status 

since SOLAS inflatable liferafts must 

have a minimum rated capacity of at 

least six. For the three models of 

liferafts currently approved under 

subpart 160.151, the cost estimates for 

certification testing, obtained from 

industry sources, are approximately 

$1,800 per liferaft, for a total industry 

cost of $5,400 (3 liferaft models × $1,800 

testing cost per model). As each of the 

three U.S. owned small businesses 

directly impacted by this rule will likely 

need to retest one model, the costs to 

these three small businesses is $1,800 

per business. Therefore, the Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

interim rule will not have a significant 

economic impact on a substantial 

number of small entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

the Coast Guard wants to assist small 

entities in understanding this rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If the rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

Ms. Jacqueline Yurkovich, Commercial 

Regulations and Standards Directorate, 

Office of Design and Engineering 

Standards, Lifesaving and Fire Safety 

Division (CG–5214), Coast Guard; email 

TypeApproval@uscg.mil, telephone 

202–372–1389. The Coast Guard will 

not retaliate against individuals or small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

mstockstill on DSK4VPTVN1PROD with RULES

9864 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. 

The U.S. Supreme Court has long 

recognized the field preemptive impact 

of the Federal regulatory regime for 

inspected vessels. See, e.g., Kelly v. 

Washington ex rel Foss, 302 U.S. 1 

(1937) and the consolidated cases of 

United States v. Locke and Intertanko v. 

Locke, 529 U.S. 89, 113–116 (2000). 

Therefore, the Coast Guard’s view is that 

regulations issued under the authority 

of 46 U.S.C. 3306 in the areas of design, 

construction, alteration, repair, 

operation, superstructures, hulls, 

fittings, equipment, appliances, 

propulsion machinery, auxiliary 

machinery, boilers, unfired pressure 

vessels, piping, electric installations, 

accommodations for passengers and 

crew, sailing school instructors, sailing 

school students, lifesaving equipment 

and its use, firefighting equipment, its 

use and precautionary measures to 

guard against fire, inspections and tests 

related to these areas and the use of 

vessel stores and other supplies of a 

dangerous nature have preemptive effect 

over State regulation in these fields, 

regardless of whether the Coast Guard 

has issued regulations on the subject or 

not, and regardless of the existence of 

conflict between the State and Coast 

Guard regulation. 

While it is well settled that States may 

not regulate in categories in which 

Congress intended the Coast Guard to be 

the sole source of a vessel’s obligations, 

as these categories are within a field 

foreclosed from regulation by the States 

(see U.S. v. Locke, above), the Coast 

Guard recognizes the key role state and 

local governments may have in making 

regulatory determinations. Additionally, 

Sections 4 and 6 of Executive Order 

13132 require that for any rules with 

preemptive effect, the Coast Guard will 

provide elected officials of affected state 

and local governments and their 

representative national organizations 

the notice and opportunity for 

appropriate participation in any 

rulemaking proceedings, and to consult 

with such officials early in the 

rulemaking process. Therefore, we 

invited affected state and local 

governments and their representative 

national organizations to indicate their 

desire for participation and consultation 

in this rulemaking. We received no such 

indications. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

The Coast Guard has analyzed this 

rule under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and does not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it will not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

The Coast Guard has analyzed this 

rule under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Coast Guard 

has determined that it is not a 

‘‘significant energy action’’ under that 

order because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

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

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule uses the following voluntary 

consensus standards: 

• Resolution MSC.293(87), Adoption 

of Amendments to the International 

Life-Saving Appliance (LSA) Code; 

• Resolution MSC.295(87), Adoption 

of Amendments to the Revised 

Recommendation on Testing of LifeSaving Appliances (Resolution 

MSC.81(70)). 

The sections that reference these 

standards and the locations where these 

standards are available are listed in 46 

CFR 160.151–5. 

M. Coast Guard Authorization Act Sec. 

608 (46 U.S.C. 2118(a)) 

Section 608 of the Coast Guard 

Authorization Act of 2010 (Pub. L. 111– 

281) adds new section 2118 to 46 U.S.C. 

Subtitle II (Vessels and Seamen), 

Chapter 21 (General). New section 

2118(a) sets forth requirements for 

standards established for approved 

equipment required on vessels subject 

to 46 U.S.C. Subtitle II (Vessels and 

Seamen), Part B (Inspection and 

Regulation of Vessels). Those standards 

must be ‘‘(1) based on performance 

using the best available technology that 

is economically achievable; and (2) 

operationally practical.’’ See 46 U.S.C. 

2118(a). This rule addresses lifesaving 

equipment for Coast Guard approval 

that is required on vessels subject to 46 

U.S.C. Subtitle II, Part B, and the Coast 

Guard has ensured that this rule 

satisfies the requirements of 46 U.S.C. 

2118(a), as necessary. 

N. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.lD, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f), 

and have concluded that this action is 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9865 

one of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

regulations which are editorial, 

regulations concerning equipping of 

vessels, and regulations concerning 

vessel operation safety standards. This 

rule is categorically excluded under 

Section 2.B.2, Figure 2–1, paragraphs 

(34)(a) and (d) of the Instruction and 

under paragraph 6(a) of the ‘‘Appendix 

to National Environmental Policy Act: 

Coast Guard Procedures for Categorical 

Exclusions, Notice of Final Agency 

Policy’’ (67 FR 48243, July 23, 2002). An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 46 CFR Part 160 

Marine safety, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 160 as follows: 

PART 160—LIFESAVING EQUIPMENT 

■ 1. The authority citation for part 160 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703 and 

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; 49 CFR 1.46. 

Subpart 160.151—Inflatable Liferafts 

(SOLAS) 

■ 2. Amend § 160.151–5 by adding 

paragraphs (d)(5) and (d)(6) to read as 

follows: 

§ 160.151–5 Incorporation by reference. 

* * * * * 

(d) * * * 

(5) Annex 7 to MSC 87/26, Report of 

the Maritime Safety Committee on its 

Eighty-Seventh Session, ‘‘Resolution 

MSC.293(87), Adoption of Amendments 

to the International Life-Saving 

Appliance (LSA) Code,’’ (adopted May 

21, 2010), IBR approved for §§ 160.151– 

7, 160.151–15, 160.151–17, 160.151–21, 

160.151–29, and 160.151–33 

(‘‘Resolution MSC.293(87)’’). 

(6) Annex 9 to MSC 87/26, Report of 

the Maritime Safety Committee on its 

Eighty-Seventh Session, ‘‘Resolution 

MSC.295(87), Adoption of Amendments 

to the Revised Recommendation on 

Testing of Life-Saving Appliances 

(Resolution MSC.81(70)),’’ (adopted 

May 21, 2010), IBR approved for 

§§ 160.151–21, 160.151–27, 160.151–29, 

160.151–31, and 160.151–57 

(‘‘Resolution MSC.295(87)’’). 

* * * * * 

§ 160.151–7 [Amended] 

■ 3. Amend § 160.151–7 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–15 [Amended] 

■ 4. Amend § 160.151–15 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–17 [Amended] 

■ 5. Amend § 160.151–17 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–21 [Amended] 

■ 6. Amend § 160.151–21 as follows: 

■ a. Remove the words ‘‘IMO LSA 

Code’’ wherever they appear and add, in 

their place, the words ‘‘IMO LSA Code, 

as amended by Resolution 

MSC.293(87)’’; and 

■ b. In paragraph (f), remove the words 

‘‘IMO Revised recommendation on 

testing’’ and add, in their place, the 

words ‘‘IMO Revised recommendation 

on testing, as amended by Resolution 

MSC.295(87)’’. 

§ 160.151–27 [Amended] 

■ 7. Amend § 160.151–27 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

§ 160.151–29 [Amended] 

■ 8. Amend § 160.151–29 as follows: 

■ a. In the introductory text, remove the 

words ‘‘IMO LSA Code’’ and add, in 

their place, the words ‘‘IMO LSA Code, 

as amended by Resolution 

MSC.293(87)’’; and 

■ b. In the introductory text, remove the 

words ‘‘IMO Revised recommendation 

on testing’’ and add, in their place, the 

words ‘‘IMO Revised recommendation 

on testing, as amended by Resolution 

MSC.295(87)’’. 

§ 160.151–31 [Amended] 

■ 9. Amend § 160.151–31 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

§ 160.151–33 [Amended] 

■ 10. Amend § 160.151–33 by removing 

the words ‘‘IMO LSA Code’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO LSA Code, as amended 

by Resolution MSC.293(87)’’. 

§ 160.151–57 [Amended] 

■ 11. Amend § 160.151–57 by removing 

the words ‘‘IMO Revised 

recommendation on testing’’ wherever 

they appear and adding, in their place, 

the words ‘‘IMO Revised 

recommendation on testing, as amended 

by Resolution MSC.295(87)’’. 

Dated: February 1, 2012. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–3869 Filed 2–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 173 

[Docket No. PHMSA–2011–0157; Notice No. 

11–6] 

Clarification on the Division 1.1 

Fireworks Approvals Policy 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Clarification. 

SUMMARY: In this document, PHMSA is 

responding to comments received from 

its initial Notice No. 11–6 clarifying 

PHMSA’s policy regarding the fireworks 

approvals program. Furthermore, in this 

document PHMSA is restating its policy 

clarification that it will accept only 

those classification approval 

applications for Division 1.1 fireworks 

that have been examined and assigned 

a recommended shipping description, 

division, and compatibility group by a 

DOT-approved explosives test 

laboratory, or those that have been 

issued an approval for the explosive by 

the competent authority of a foreign 

government acknowledged by PHMSA’s 

Associate Administrator. This policy 

clarification is intended to enhance 

safety by ensuring that fireworks 

transported in commerce meet the 

established criteria for their assigned 

classification, thereby minimizing the 

potential shipment of incorrectly 

classified or forbidden fireworks. 

DATES: The policy clarification 

discussed in this document is effective 

February 21, 2012. 

mstockstill on DSK4VPTVN1PROD with RULES