Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19937 

Dated: February 27, 2012. 

Michael F. White, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2012–7963 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0250] 

Drawbridge Operation Regulation; Mile 

21.6, Illinois Waterway, Hardin, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Hardin 

Drawbridge across the Illinois 

Waterway, mile 21.6, at Hardin, Illinois. 

The deviation is necessary to replace the 

main gear case that operates the lift 

span. The gear case has been making 

noise indicating possible failure. This 

deviation allows the bridge to remain in 

the closed position while the existing 

gear box is replaced with one recently 

fabricated. 

DATES: This deviation is effective from 

7 a.m. on April 3, 2012 through 7 p.m. 

on April 5, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0250 and are available online by going 

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

USCG–2012–0250 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard 314–269–2378, email 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Illinois Department of Transportation 

requested a temporary deviation for the 

Hardin Drawbridge, across the Illinois 

Waterway, mile 21.6, at Hardin, Illinois 

to remain in the closed-to-navigation 

position for a two and one half day 

period while the main gear case is 

replaced. The closure period will start at 

7 a.m. on or about April 3, 2012 and end 

at 7 p.m. on April 5, 2012. 

Once the existing gear case is 

removed, the lift span will not be able 

to open, even for emergencies, until the 

replacement gear box is installed. 

The Hardin Drawbridge currently 

operates in accordance with 33 CFR 

117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Illinois Waterway. The Hardin 

Drawbridge, in the closed-to-navigation 

position, provides a vertical clearance of 

25.9 feet above normal pool. Navigation 

on the waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with the waterway 

users. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 22, 2012. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2012–7922 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 160 

[Docket No. USCG–2011–0076] 

RIN 1625–AB60 

Inflatable Personal Flotation Devices 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

harmonizing structural and performance 

standards for inflatable recreational 

personal flotation devices (PFDs) with 

current voluntary industry consensus 

standards. The Coast Guard is also 

slightly modifying regulatory text in 

anticipation of a future rulemaking 

addressing the population for which 

inflatable recreational PFDs are 

approved, but is not changing the 

current affected population. 

DATES: This rule is effective May 3, 

2012. The Director of the Federal 

Register has approved the incorporation 

by reference of certain publications 

listed in this rule as of May 3, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0076 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

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

USCG–2011–0076 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

Viewing incorporation by reference 

material. You may inspect the material 

incorporated by reference at Lifesaving 

and Fire Safety Division (CG–5214), 

U.S. Coast Guard Headquarters, 2100 

Second Street SW., Stop 7126, 

Washington, DC 20593–7126 between 

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

Friday, except Federal holidays. The 

telephone number is 202–372–1394. 

Copies of the material are available as 

indicated in the ‘‘Incorporation by 

Reference’’ section of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Brandi Baldwin, Lifesaving 

and Fire Safety Division (CG–5214), 

U.S. Coast Guard, telephone 202–372– 

1394, email 

Brandi.A.Baldwin@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Discussion of Comments and Changes 

V. Incorporation by Reference 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. 2010 Coast Guard Authorization Act 

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

N. Environment 


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I. Abbreviations 

ANSI American National Standards 

Institute 

CFR Code of Federal Regulations 

CGMIX Coast Guard Marine Information 

Exchange 

DHS Department of Homeland Security 

NEPA National Environmental Policy Act 

of 1969 

NPRM Notice of proposed rulemaking 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

PFD Personal flotation device 

STP Standards Technical Panel 

UL Underwriters Laboratories 

USCG United States Coast Guard 

II. Regulatory History 

On March 30, 2011, the Coast Guard 

published a direct final rule entitled 

‘‘Inflatable Personal Flotation Devices’’ 

in the Federal Register. 76 FR 17561. 

We received three submissions in 

response to the direct final rule: one 

supportive of the rulemaking generally, 

one which raised questions about a 

revision to one of the standards 

incorporated by reference, and one 

adverse comment related to the deletion 

of the words ‘‘approved for use by 

adults only’’ from the regulations. 

Because we received an adverse 

comment, on September 13, 2011, the 

Coast Guard withdrew the direct final 

rule in a notice of withdrawal. 76 FR 

56294. On September 29, 2011, the 

Coast Guard issued a notice of proposed 

rulemaking (NPRM) proposing the same 

content as the direct final rule, with one 

change to update a version of an 

industry standard proposed for 

incorporation by reference. 76 FR 

60405. The NPRM also summarized and 

sought comment on the comments 

received in response to the direct final 

rule. 

III. Basis and Purpose 

The Coast Guard is charged with 

establishing minimum safety standards, 

and procedures and tests required to 

measure conformance with those 

standards, for recreational vessels and 

associated equipment. See 46 U.S.C. 

4302, and Homeland Security 

Delegation No. 0170.1, section II, 

paragraph (92)(b). Under this authority, 

in 1995, the Coast Guard promulgated 

regulations establishing structural and 

performance standards for inflatable 

recreational PFDs, and procedures and 

tests necessary for Coast Guard approval 

of PFDs meeting those standards. See 46 

CFR part 160, subpart 160.076 

(Inflatable Recreational Personal 

Flotation Devices); 60 FR 32836 (June 

23, 1995). Subpart 160.076 incorporates 

by reference three Underwriters 

Laboratories (UL) Standards: UL 1180, 

‘‘Fully Inflatable Recreational Personal 

Flotation Devices’’ (First Edition); UL 

1191, ‘‘Components for Personal 

Flotation Devices’’ (Second Edition); 

and UL 1123, ‘‘Marine Buoyant 

Devices’’ (Fifth Edition). 46 CFR 

160.076–11. 

The editions of these UL Standards 

currently incorporated by reference into 

subpart 160.076 were current when the 

Coast Guard promulgated subpart 

160.076 in 1995. However, UL has since 

published newer editions of these 

standards that the Coast Guard 

considers to contain technological and 

safety developments since 1995 that are 

important to codify in subpart 160.076. 

In this rule, the Coast Guard is updating 

the editions of the UL Standards 

incorporated by reference in subpart 

160.076. 

In this final rule, the Coast Guard is 

also facilitating and encouraging the 

continuation of the industry consensus 

standards development process by 

signaling that the Coast Guard will 

consider, as part of a possible future 

rulemaking, the appropriateness of 

inflatable PFDs for wearers under 16 

years of age and any new industry 

consensus standard addressing 

inflatable PFDs for wearers under 16 

years of age. This rulemaking, however, 

does not constitute approval of the use 

of inflatable PFDs for users under 16 

years of age or a proposal for such 

approval, nor does it resolve any 

technical issues regarding use of 

inflatable PFDs by persons under 16 

years of age. 

IV. Discussion of Comments and 

Changes 

The Coast Guard is revising 46 CFR 

part 160, subpart 160.076 to update the 

editions of the UL Standards 

incorporated by reference and to make 

necessary conforming changes resulting 

from incorporating the updated 

standards. The conforming changes 

include removing test methods, 

acceptance criteria, and other standards 

currently contained in subpart 160.076 

that are made redundant by the newer 

editions of the UL Standards. The Coast 

Guard is also making minor, nonsubstantive editorial revisions to 

regulatory text in subpart 160.076. A 

complete discussion of these changes is 

available in the NPRM, published 

September 29, 2011. 76 FR 60405. 

In response to the direct final rule, 

which included the same content as 

proposed in the NPRM, the Coast Guard 

received three submissions: one 

supportive of the rulemaking generally, 

one that raised questions about a 

revision to one of the standards 

incorporated by reference, and one 

adverse comment related to the deletion 

of the words ‘‘approved for use by 

adults only’’ from the regulations. The 

commenter who expressed support cited 

the removal of barriers to the 

development of innovative inflatable 

PFDs as leading to an expected 

improvement in the quality and variety 

of inflatable lifejackets available to the 

public. The Coast Guard appreciates the 

support. 

The comment raising questions about 

a revision to one of the standards was 

resolved by a subsequent revision to UL 

1191 following publication of the direct 

final rule which addressed that 

commenter’s concern. In the NPRM, the 

Coast Guard proposed incorporating by 

reference the revised UL 1191. 

The adverse comment expressed 

concern that deleting the words 

‘‘approved for use by adults only’’ 

would create a perception that inflatable 

PFDs for youth would be available on 

the date the rule went into effect, would 

facilitate teens using existing inflatable 

PFDs, and would enable marketing of 

existing inflatable PFDs to youth. 

The Coast Guard does not agree. This 

rulemaking does not affect the 

population for which inflatable PFDs 

are approved, and thus does not affect 

the availability, use, or marketing of 

existing PFDs to or by the youth 

population, or sizing requirements. As 

stated in the direct final rule, inflatable 

PFDs will not be approved for persons 

under 16 years of age until such time as 

the Coast Guard identifies, and 

incorporates by reference into Coast 

Guard regulations through a possible 

future rulemaking, a suitable industry 

standard that addresses the needs of 

younger wearers. 

Since there is no prohibition on 

manufacturing or marketing any 

inflatable PFD that is not approved by 

the Coast Guard (provided that it is not 

marked as Coast Guard-approved), this 

final rule has no effect on what PFDs are 

available or to whom they are marketed. 

Moreover, as noted in the direct final 

rule and in the NPRM, the removal of 

the words ‘‘approved for adults only’’ 

has no substantive effect on Coast Guard 

approval of inflatable PFDs. UL 

Standard 1180 limits the approval of 

inflatable PFDs to persons of at least 16 

years of age, and thus this final rule, 

which incorporates by reference a newer 

version of UL Standard 1180 (the Fourth 

Edition), continues to set the age limit 

for approved users of inflatable PFDs at 

16 years of age. By removing the words 

‘‘approved for use by adults only,’’ this 

final rule eliminates a regulatory 

redundancy specifying that inflatable 

PFDs approved by the Coast Guard are 

for use by adults only; after all, the 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19939 

minimum age for use at 16 years of age 

is already specified in the standard 

incorporated by reference. Additionally, 

included within UL 1180 (both the 

currently-incorporated First Edition and 

the Fourth Edition incorporated by this 

final rule) is the marking and labeling 

required for all Coast Guard-approved 

inflatable PFDs. Specifically, both 

editions of UL 1180 require a marking 

stating that the device is ‘‘USCG 

[a]pproved for use only on recreational 

boats by persons at least 16 years of 

age.’’ As this marking appears on all 

currently approved inflatable PFDs, it is 

not reasonable to believe that these 

devices would be marketed to persons 

under 16 years of age. 

The adverse comment also expressed 

concern that this rulemaking is 

premature in light of work that still 

needs to be done to evaluate sizing 

requirements for infant or child PFDs. 

While the Coast Guard agrees that there 

is benefit to conducting additional 

research into the anatomical 

requirements for children and infants, 

this rulemaking is not premature 

because it does not make any changes 

based on current research. As noted in 

the direct final rule and the NPRM, this 

rulemaking does not resolve technical 

issues regarding use of inflatable PFDs 

by persons under 16 years of age. In fact, 

this final rule removes a perceived 

regulatory barrier to completing the 

necessary research and taking the steps 

to develop appropriate design, 

construction and testing standards for 

inflatable PFDs for persons under 16 

years of age. The UL Standards 

Technical Panel (STP) views the words 

‘‘approved for use by adults only’’ as 

prohibiting the development of a 

standard regarding use of inflatable 

PFDs by persons under 16 years of age. 

By removing these words, the Coast 

Guard is signaling that we will consider, 

as part of a possible future rulemaking, 

the appropriateness of inflatable PFDs 

for persons under 16 years of age, and 

any new industry consensus standard 

addressing such inflatable PFDs. The 

Coast Guard recognizes that there are 

technical issues still to be resolved 

regarding use of inflatable PFDs by 

persons under 16 years of age, and this 

rulemaking demonstrates the Coast 

Guard’s commitment to supporting 

industry and the STP in pursuing 

resolution of those issues. 

In the NPRM, the Coast Guard sought 

comment on the comments to the direct 

final rule, as well as comments on the 

rule in general. In response to the 

NPRM, the Coast Guard received 181 

submissions. 

The majority of commenters 

misinterpreted this rulemaking as either 

proposing the approval or use of 

inflatable PFDs for persons under 16 

years of age, or proposing PFD use 

requirements, generally. As described 

above, this rulemaking makes no 

substantive change to the current age or 

weight requirements for Coast Guard 

approval of inflatable PFDs or the 

population for which they are approved. 

Additionally, this rulemaking does not 

address any requirements for PFD use or 

wear. As such, the majority of 

comments are outside the scope of this 

rulemaking. If the Coast Guard identifies 

a suitable standard for the approval of 

inflatable PFDs for persons under 16 

years of age, and initiates a separate 

rulemaking, the Coast Guard will 

consider the comments addressing use 

of inflatable PFDs submitted to this 

rulemaking’s docket as part of that 

separate, future rulemaking. 

Other commenters provided 

suggestions for revising PFD 

requirements generally, or revising 

carriage requirements, or expressed 

other concerns relating to PFDs 

generally. These comments also are 

beyond the scope of this rulemaking 

since this rulemaking only addresses 

Coast Guard approval of inflatable PFDs 

for persons 16 years of age and older. 

The comments addressing the 

substance of this rule were generally 

supportive. Several of these commenters 

also provided direct responses to the 

adverse comment. The Coast Guard 

appreciates this support and agrees with 

the responses to the adverse comment 

for the same reasons the Coast Guard 

disagrees with the substance of the 

adverse comment, as discussed above. 

One commenter suggested that the 

regulatory text should be revised to 

limit the use of inflatable PFDs to users 

ages 13 and up rather than leave the 

establishment of a lower age limit to the 

standards development organization. 

The Coast Guard does not agree. The 

Coast Guard is in fact establishing a 

lower age limit—which is 16 years of 

age—consistent with the current age 

limit. The Coast Guard is establishing 

this age limit not through specific 

regulatory text, but by incorporating by 

reference UL 1180 (Fourth Edition), 

which retains the age limit of 16 years 

of age in the currently-incorporated UL 

1180 (First Edition). 

Several commenters noted that the UL 

STP has already set the appropriate 

performance criteria to ensure that 

inflatable PFDs are safe, and other 

commenters indicated potential 

confusion over the role of the STP in 

developing industry consensus 

standards and the Coast Guard’s role in 

incorporating those standards into its 

regulations. The Coast Guard agrees that 

the STP, of which the Coast Guard is a 

member, is the appropriate consensus 

body to develop these standards, and 

the Coast Guard supports its work. The 

Coast Guard clarifies that the STP, an 

independent, consensus industry group, 

is the forum for developing the 

appropriate standards for the design, 

construction, and testing of inflatable 

PFDs, and the Coast Guard encourages 

all interested parties to participate in 

the standards development process via 

the STP. Once the STP has developed 

and adopted any new standard, the 

Coast Guard will consider whether it is 

appropriate to incorporate the standard 

into Coast Guard rules. If so, the Coast 

Guard will initiate a rulemaking to 

solicit public input on its 

determination. 

Some commenters encouraged the 

Coast Guard to set a new limit of 13 

years of age to guide or limit the STP’s 

work in developing a new industry 

consensus standard. This rulemaking 

does not address use of inflatable PFDs 

by persons under 16 years of age, and 

the Coast Guard does not agree that it 

should guide or limit the work of the 

STP, which is an independent, 

consensus industry group. The Coast 

Guard is only one of over 20 members 

of this group that is designed to have a 

balanced membership. The STP should 

develop and adopt a standard that the 

STP membership considers to meet the 

goals of the STP, and the Coast Guard 

will separately decide whether to 

incorporate the STP-adopted standard 

into Coast Guard regulations. In the 

event that the STP develops a standard 

which does not achieve all of the 

criteria that the Coast Guard 

determines—on its own or based on 

public comment during the 

rulemaking—are necessary to ensure the 

safety of these devices, the Coast Guard 

may impose additional restrictions via 

regulations to ensure public safety. 

Additionally, any restrictions on the 

STP’s work, such as an age limit, could 

ultimately become or lead to a barrier to 

innovation. 

Several commenters expressed 

concerns regarding development of 

consensus standards without sufficient 

research. The Coast Guard 

acknowledges these concerns but notes 

that development of consensus 

standards regarding inflatable PFDs is 

done by the STP. The Coast Guard 

considers the appropriateness of 

standards for incorporation into Coast 

Guard regulations, which could include 

consideration of the basis for the 

standard. As stated previously, although 

one of the purposes of this rulemaking 

is to allow for continued discussion of 

the technical matters relative to 


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19940 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

development of a standard regarding use 

of inflatable PFDs for persons under 16 

years of age, this rulemaking does not 

have any substantive effect on the 

requirements for Coast Guard approval 

of inflatable PFDs. 

One commenter referred to Coast 

Guard approval as a ‘‘seal of safety.’’ 

The Coast Guard points out that this is 

not an accurate statement. Coast Guard 

approval does not indicate or affect 

which PFDs may be manufactured and 

sold to the public. Coast Guard approval 

of any lifesaving or marine equipment, 

including PFDs, is available only for, 

and applicable only to, that equipment 

required by U.S. or international 

regulations to be carried or installed 

onboard vessels. 46 CFR 2.75–1. Coast 

Guard approval simply indicates that 

the specified equipment satisfies U.S. 

carriage requirements, and does not in 

any way confer an endorsement of the 

product. Likewise, the absence of Coast 

Guard approval on a product does not 

imply that the product is unsafe; it only 

indicates that product has not been 

demonstrated to satisfy the relevant 

standards for approval. This final rule 

with updated standards does not affect 

inflatable PFDs previously approved by 

Coast Guard. 

One commenter supported the use of 

additional laboratories in the testing of 

PFDs for approval. The Coast Guard 

clarifies that this rulemaking does not 

affect the requirements for recognition 

of independent labs in accordance with 

46 CFR 159.010, but rather identifies a 

more suitable means for providing the 

public with the list of labs recognized 

for this purpose. Prior to the availability 

of a web-based searchable list of labs, 

such as that contained on the Coast 

Guard Marine Information Exchange 

(CGMIX) Web site, all recognized 

laboratories were listed directly in the 

regulatory text, and a rulemaking was 

required to update the list when the 

information changed. By replacing the 

list in the regulations with a reference 

to CGMIX, the public has access to the 

complete list, in real time, without the 

Coast Guard having to initiate a 

rulemaking to update the list. This 

approach is consistent with the other 

subparts in subchapter Q that address 

Coast Guard approval of marine 

equipment. See, e.g., 45 CFR subparts 

160.115, 160.132, 160.133, and 160.135. 

One commenter indicated concern 

about the availability of technical 

specifications and standards being 

incorporated by reference. The Coast 

Guard notes that the direct final rule 

and NPRM provided a summary of the 

changes between the editions of the UL 

Standards currently contained in 46 

CFR part 160, subpart 160.076 and the 

newer editions being incorporated by 

reference, in order to provide notice of 

the changes in technical specifications 

in Coast Guard regulations. The Coast 

Guard also notes that the direct final 

rule and the NPRM specified that the 

UL standards incorporated by reference 

in this rule are available from UL and 

provided necessary contact information. 

One commenter pointed out typos in 

the NPRM preamble where 160.076 was 

mistakenly referred to as 160.067. The 

Coast Guard appreciates the input and 

confirms that those references apply to 

subpart 160.076. 

In response to these comments, the 

Coast Guard made only non-substantive 

changes to format and to fix any 

typographical errors in the rule. 

V. Incorporation by Reference 

The Director of the Federal Register 

has approved the material in 46 CFR 

160.076–11 for incorporation by 

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

part 51. You may inspect this material 

at U.S. Coast Guard Headquarters where 

indicated under ADDRESSES. Copies of 

the material are available from the 

sources listed in paragraph (b) of 

§ 160.076–11. 

VI. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 14 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This final 

rule has not been designated a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, the final rule has not been 

reviewed by the Office of Management 

and Budget. 

We received no comments that would 

alter our assessment of impacts in the 

NPRM. We have found no additional 

data or information that would change 

our assessment of the impacts in the 

NPRM. We have adopted the analysis in 

the NPRM for this rule as final. A 

summary of the analysis follows: 

The Coast Guard does not expect this 

rule to result in additional costs to 

industry, as manufacturers of Coast 

Guard-approved inflatable PFDs already 

follow the editions of the UL Standards 

being incorporated by reference into 46 

CFR part 160, subpart 160.076 by this 

rule. The Coast Guard requires approval 

tests to be performed by an independent 

laboratory recognized by the Coast 

Guard under 46 CFR part 159, subpart 

159.010. Currently, UL is the only 

recognized independent laboratory for 

inflatable PFDs, and UL requires 

manufacturers to conform to its most 

current standards, which are the 

editions being incorporated by reference 

into subpart 160.076. Additionally, UL 

offers a certification for those 

recreational inflatable PFDs that 

conform to UL’s most current standards. 

The UL certification provides a product 

liability benefit to manufacturers, and 

obtaining the UL certification has 

become an industry custom for 

manufacturers of commercially-sold 

recreational inflatable PFDs. 

As described above, industry is 

currently following the editions of the 

UL Standards incorporated by reference 

into subpart 160.076 in this rule, and 

PFD manufacturers will adhere to these 

standards regardless of whether this rule 

is promulgated. Therefore, this 

modification to 46 CFR part 160, 

subpart 160.076 is not expected to 

impose a burden on industry. 

In addition, the Coast Guard does not 

expect that removing the language 

‘‘approved for use by adults only’’ in 46 

CFR 160.076–1 will have a substantive 

impact because the standards approved 

by this rulemaking retain with the 

current age and weight limitations. As 

discussed above in the ‘‘Discussion of 

the Rule’’ section in this preamble, the 

age and weight limitations found in 

editions of the UL Standards long 

incorporated in subpart 160.076 are 

retained in the newer editions of the UL 

Standards incorporated by reference 

into subpart 160.076. The remaining 

changes to subpart 160.076 are minor 

editorial updates. For additional details, 

please see the ‘‘Discussion of the Rule’’ 

section in the NPRM, published 

September 29, 2011. 76 FR 60405. 

The primary benefit of this rule is the 

increase in regulatory efficiencies in the 

maritime community by harmonizing 

Coast Guard regulations in 46 CFR part 

160, subpart 160.076 with current 

voluntary industry consensus standards. 

This rule will result in greater 

consistency between Coast Guard 

regulations and consensus standards 

and will reduce burdens on 


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manufacturers who currently have to 

maintain multiple editions of the UL 

Standards to comply with Coast Guard 

regulations, to use UL as an 

independent laboratory to perform 

required tests, and to obtain the UL 

certification. This rule will also result in 

better compliance with the National 

Technology Transfer and Advancement 

Act (NTTAA), which directs agencies to 

use voluntary consensus standards in 

their regulatory activities. 

Because the rule harmonizes subpart 

160.076 with existing UL Standards, 

ambiguity associated with inflatable 

PFD standards will be reduced. 

Harmonization of these standards is 

important to fulfill the Coast Guard’s 

mission of establishing minimum safety 

standards, and procedures and tests 

required to measure conformance with 

those standards, for recreational vessels 

and associated equipment. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 people. 

In the NPRM, we certified under 5 

U.S.C. 605(b) that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. We received no public 

comments that would alter our 

certification in the NPRM. We have 

found no additional data or information 

that would change our findings in the 

NPRM. 

The Coast Guard estimates that this 

rule will not have an impact on small 

entities. As described in the ‘‘Regulatory 

Planning and Review’’ subsection, we 

do not expect this rule to result in 

additional costs to industry. However, 

this rule will improve efficiency by 

providing consistency between Coast 

Guard regulations and UL Standards. 

Therefore, the Coast Guard certifies 

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

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. The Coast Guard will not 

retaliate against small entities that 

question or complain about this rule or 

any policy action of the Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it does not have 

implications for federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets the applicable 

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

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The NTTAA (15 U.S.C. 272 note) 

directs agencies to use voluntary 

consensus standards in their regulatory 

activities unless the agency provides 

Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule uses the following voluntary 

consensus standards: UL 1123, ‘‘UL 

Standard for Safety for Marine Buoyant 

Devices’’; UL 1180, ‘‘UL Standard for 

Safety for Fully Inflatable Recreational 

Personal Flotation Devices’’; and UL 

1191, ‘‘UL Standard for Safety for 

Components for Personal Flotation 

Devices.’’ The section that references 


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19942 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

these standards and the locations where 

these standards are available are listed 

in 46 CFR 160.076–11. 

M. 2010 Coast Guard Authorization 

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

Section 608 of the Coast Guard 

Authorization Act of 2010 (Pub. L. 111– 

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

Subtitle II (Vessels and Seamen), 

Chapter 21 (General). New section 

2118(a) sets forth requirements for 

standards established for approved 

equipment required on vessels subject 

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

Seamen), Part B (Inspection and 

Regulation of Vessels). Those standards 

must be ‘‘(1) based on performance 

using the best available technology that 

is economically achievable; and (2) 

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

2118(a). This rule addresses inflatable 

recreational PFDs for Coast Guard 

approval that are required on vessels 

subject to 46 U.S.C. Subtitle II, Part B, 

and the Coast Guard has ensured that 

this rule satisfies the requirements of 46 

U.S.C. 2118(a), as necessary. 

N. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions that does not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under section 6(a) of the 

‘‘Appendix to National Environmental 

Policy Act: Coast Guard Procedures for 

Categorical Exclusions, Notice of Final 

Agency Policy’’ (67 FR 48243, July 23, 

2002). This rule involves inflatable PFD 

standards and falls under regulations 

concerning safety equipment. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 46 CFR Part 160 

Marine safety, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 160 as follows: 

PART 160—LIFESAVING EQUIPMENT 

■ 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), after the words 

‘‘one listed in’’, remove the words 

‘‘paragraph (b) of’’; and 

■ 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; Web site: www.ul.com). 

(1) UL 1123, UL Standard for Safety 

for Marine Buoyant Devices, Seventh 

Edition including revisions through 

February 14, 2011, (dated October 1, 

2008), (‘‘UL 1123’’), incorporation by 

reference approved for § 160.076–35. 

(2) UL 1180, UL Standard for Safety 

for Fully Inflatable Recreational 

Personal Flotation Devices, Second 

Edition including revisions through 

December 3, 2010, (dated February 13, 

2009), (‘‘UL 1180’’), incorporation by 

reference approved for §§ 160.076–7; 

160.076–9; 160.076–21; 160.076–23; 

160.076–25; 160.076–31; 160.076–37; 

and 160.076–39. 

(3) UL 1191, UL Standard for Safety 

for Components for Personal Flotation 

Devices, Fourth Edition including 

revisions through August 24, 2011, 

(dated December 12, 2008), (‘‘UL 

1191’’), incorporation by reference 

approved for §§ 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: 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19943 

■ 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 section’’, remove the number 

‘‘7.16’’, and add, in its place, the 

number ‘‘42’’; 

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

‘‘UL 1180 section’’, remove the words 

‘‘7.2.2–7.2.10, except 7.2.5’’ and add, in 

their place, the number ‘‘29’’; and 

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

‘‘UL 1180 section’’, remove the words 

‘‘7.4.1 and .2’’ and add, in their place, 

the number ‘‘31’’. 

§ 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 paragraph (a), remove the words 

‘‘section 10’’ and add, in their place, the 

words ‘‘(incorporated by reference, see 

§ 160.076–11)’’; and 

■ b. Remove paragraph (e). 

Dated: March 22, 2012. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–7791 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 10 

[Docket No. DOT–OST–1996–1437] 

RIN 2105–AD85 

Privacy Act of 1974: Implementation of 

Exemptions; DOT/ALL 24— 

Departmental Office of Civil Rights 

System System of Records 

AGENCY: Department of Transportation 

(DOT), Office of the Secretary (OST). 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is issuing a final rule to 

amend its regulations to exempt 

portions of a newly established or 

updated and reissued system of records 

titled, ‘‘DOT/ALL 24—Departmental 

Office of Civil Rights System’’ from 

certain provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the ‘‘DOT/ALL 24— 

Departmental Office of Civil Rights 

System’’ from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

DATES: This final rule is effective April 

3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Claire W. Barrett, Departmental Chief 

Privacy Officer, Office of the Chief 

Information Officer, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590 or 

privacy@dot.gov or (202) 366–8135. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Transportation 

(DOT), Office of the Secretary (OST) 

published a notice of proposed 

rulemaking in the Federal Register (76 

FR 71930) November 21, 2011, 

proposing to exempt portions of the 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. The system 

of records that is the subject of the 

notice of proposed rulemaking is the 

DOT/ALL 24—Departmental Office of 

Civil Rights System of Records. The 

DOT/ALL 24—Departmental Office of 

Civil Rights System system of records 

notice was published in the Federal 

Register (76 FR 71108) November 16, 

2011, and comments were invited on 

both the Notice of Proposed Rulemaking 

(NPRM) and System of Records Notice 

(SORN). The notice of proposed 

rulemaking was inadvertently published 

under RIN 2105–AD11, and was entitled 

‘‘Maintenance of and Access to Records 

Pertaining to Individuals; Proposed 

Exemption.’’ In addition, the notice of 

proposed rulemaking indicated that the 

proposed rule would add a new 

paragraph 8 to Part II.A of the Appendix 

to Part 10. The notice of proposed 

rulemaking should have stated that the 

proposed rule would add a new 

paragraph 9 to Part II.A of the Appendix 

to Part 10. The final rule has been 

revised accordingly. 

Public Comments 

DOT received no comments on the 

NPRM and no comments on the SORN. 

Regulatory Analysis and Notices 

This final rule is not a ‘‘significant 

regulatory action’’ within the meaning 

of Executive Order 12886. It is also not 

significant within the definition in 

DOT’s Regulatory Policies and 

Procedures, 49 FR 11034 (1979), in part 

because it does not involve any change 

in important Departmental policies. 

Because the economic impact should be 

minimal, further regulatory evaluation 

is not necessary. Moreover, I certify that 

this rule does not have a significant 

economic impact on a substantial 

number of small entities, because the 

reporting requirements, themselves, are 

not changed and because it applies only 

to information on individuals that is 

maintained by the Federal Government. 

This rule does not significantly affect 

the environment, and therefore an 

environmental impact statement is not 

required under the National 

Environmental Policy Act of 1969. It has 

also been reviewed under Executive 

Order 12612, Federalism, and it has 

been determined that it does not have 

sufficient implications for federalism to 

warrant preparation of a Federalism 

Assessment. 

This rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because it has no effect on Indian Tribal 

Governments, the funding and 

consultation requirements of Executive 

Order 13084 do not apply. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines that a rule is not expected to 

have a significant economic impact on 

a substantial number of small entities. I 

hereby certify that this rule does not 

have a significant economic impact on 

a substantial number of small entities. 

This rule imposes no new information 

reporting or record keeping 

necessitating clearance by the Office of 


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