This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

49737 

Vol. 82, No. 207 

Friday, October 27, 2017 

1The NBSAC recommended to the Coast Guard 

in 2000 that the weight table be updated 

(Resolution number 2000–66–05), and discussed 

the replacement of Table 4 with the ABYC standard 

at their April 2016 meeting. 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 183 

[Docket No. USCG–2016–1012] 

RIN 1625–AC37 

Recreational Boat Flotation 

Standards—Update of Outboard 

Engine Weight Test Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard finalizes, 

without change, an interim rule to 

update the table of outboard engine 

weights used in calculating safe loading 

capacities and required amounts of 

flotation material. The engine weight 

table was last updated in 1984, and the 

Coast Guard Authorization Act of 2015 

requires that the Coast Guard update the 

table to reflect a specific standard. 

Finalizing the interim rule will 

acknowledge the two public comments 

received, and contribute to public 

awareness of and certainty about the 

June 1, 2018, effective date. 

DATES: This final rule is effective on 

June 1, 2018. 

ADDRESSES: Comments and materials 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2016–1012 and are 

available using the Federal eRulemaking 

Portal. You can find this docket on the 

Internet by going to http://

www.regulations.gov, inserting USCG– 

2016–1012 in the ‘‘Search’’ box, and 

then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Mr. Jeffrey Ludwig, Coast Guard; 

telephone 202–372–1061, email 

Jeffrey.A.Ludwig@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose 

III. Regulatory History 

IV. Background 

V. Discussion of the Rule 

VI. Discussion of Comments and Changes 

VII. 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. Environment 

I. Abbreviations 

ABYC American Boat and Yacht Council 

ABYC S–30 American Boat and Yacht 

Council S–30—Outboard Engines and 

Related Equipment Weights 

CGAA Coast Guard Authorization Act of 

2015 (Pub. L. 114–120, 130 Stat. 27; Feb. 

8, 2016) 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive Order 

FR Federal Register 

FRFA Final Regulatory Flexibility Analysis 

MIC Manufacturer Identification Code 

NAICS North American Industry 

Classification System 

NBSAC National Boating Safety Advisory 

Council 

NMMA National Marine Manufacturers 

Association 

OMB Office of Management and Budget 

Pub. L. Public Law 

RA Regulatory analysis 

§ Section symbol 

SBA Small Business Administration 

U.S.C. United States Code 

II. Basis and Purpose 

Section 308 of the Coast Guard 

Authorization Act of 2015 (Pub. L. 114– 

120, 130 Stat. 27) (CGAA) requires the 

Coast Guard to issue regulations, not 

later than 180 days after enactment, 

updating Table 4 of subpart H in Title 

33 of the Code of Federal Regulations 

(CFR) part 183 to reflect the American 

Boat and Yacht Council S–30— 

Outboard Engines and Related 

Equipment Weights (ABYC S–30) 

standard. 

Additionally, 46 U.S.C. 4302(b), 

which provides authority for 33 CFR 

part 183, requires the effective date for 

rules issued under that provision be 

delayed at least 180 days after 

publication, but not more than 2 years 

for cases involving major product 

design, retooling, or changes in the 

manufacturing process. Section 4302(b) 

also requires consultation with the 

National Boating Safety Advisory 

Council (NBSAC).1 Because this rule 

amends regulations issued pursuant to 

section 4302, the 180-day delay is 

appropriate to provide manufacturers 

with time to adjust their operations to 

comply with the new standard. The 

Coast Guard has implemented that delay 

of effective date in this final rule. 

III. Regulatory History 

On April 5, 2017, the Coast Guard 

published an interim rule with request 

for comments (82 FR 16512). We 

received two public comments on the 

interim rule. No public meeting was 

requested, and none was held. 

IV. Background 

Congress has authorized the Coast 

Guard to prescribe regulations 

establishing minimum safety standards 

for recreational vessels and associated 

equipment. In 1977, the Coast Guard 

established flotation requirements for 

boats less than 20 feet in length, and 

established a weight table (Table 4 of 

subpart H in 33 CFR part 183) used to 

assist the boat manufacturer in 

determining the amount of flotation to 

be included in a boat’s design and 

construction. 

Table 4 was last updated in 1984, but 

the size and weight of outboard engines 

have evolved over the years to the point 

that Table 4 no longer accurately 

represents the weights of outboard 

engines available on the market. 

The American Boat and Yacht 

Council (ABYC) is a non-profit 

organization that develops voluntary 

safety standards for the design, 

construction, maintenance, and repair of 

recreational boats. Among the voluntary 

safety standards that ABYC develops 

and updates on a regular basis is S–30— 

Outboard Engines and Related 

Equipment Weights (ABYC S–30). This 

standard reflects the current state of 

marine outboard engine weights. 


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V. Discussion of the Rule 

This rulemaking adopts the current 

ABYC S–30 to replace Table 4 of 

subpart H in 33 CFR part 183. The 

current ABYC S–30 is dated July 2012, 

and was the standard in effect on the 

date of enactment of the CGAA. 

In the CFR, Table 4 applies to 

monohull outboard boats that are less 

than 20 feet in length, which includes 

recreational vessels as well as some 

commercial fishing vessels. Table 4 is 

also used indirectly for flotation 

requirements for survival craft covered 

by 46 CFR part 25 (uninspected vessels), 

46 CFR part 117 (small passenger 

vessels carrying more than 150 

passengers), 46 CFR part 141 (towing 

vessels) and 46 CFR part 180 (small 

passenger vessels under 100 gross tons). 

Changing the figures in Table 4, as 

required by the CGAA, will require 

more flotation in each new boat, to 

support the weight of heavier engines. 

The interim rule removed Table 4 and 

replaced it with a new section (section 

183.75) in subpart E of part 183. That 

section contains the table of the ABYC 

S–30 standard and its corresponding 

footnotes. The Coast Guard made minor 

edits to the footnotes developed by 

ABYC to accommodate the location of 

the table in the CFR and to reflect the 

removal of Table 4. We also made 

conforming changes to several sections 

that referenced Table 4. 

Finalizing the rule will acknowledge 

the public comments received, and 

contribute to public awareness of and 

certainty about the June 1, 2018, 

effective date. 

VI. Discussion of Comments and 

Changes 

The Coast Guard received two public 

comments in response to the interim 

rule. One commenter was supportive of 

the changes made in the interim rule. 

The other comment stated that in 

addition to small boat flotation, other 

factors that contribute to boat safety 

should be considered. The Coast Guard 

agrees that other factors can contribute 

to boat safety. However, they are outside 

of the scope of this rulemaking, in 

which we are focused on the 

requirements of the CGAA and the 

ABYC S–30 standard. This final rule 

makes no changes to the interim rule. 

VII. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on these statutes or 

E.O.s. 

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. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget (OMB) has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’’’ (April 5, 2017). A regulatory 

analysis (RA) follows. This RA is 

unchanged from the RA included in the 

interim rule (82 FR 16512; April 5, 

2017). 

This RA provides an evaluation of the 

economic impacts associated with this 

final rule. The Coast Guard is issuing a 

final rule to implement section 308 of 

the CGAA. The CGAA mandates that the 

Coast Guard issue regulations to amend 

Table 4 of subpart H in 33 CFR part 183 

to reflect the standards in ABYC S–30. 

Consequently, 100 percent of the costs 

of this rule are due to a Congressional 

mandate and the Coast Guard has no 

discretion to adopt a different standard 

that would lower the cost of this rule. 

Changes in the design and construction 

of modern outboard engines necessitate 

a change in the table of outboard engine 

weights used in calculating safe loading 

capacities and required amounts of 

flotation material in the Safe Loading 

and Flotation Standards found in 33 

CFR part 183, subparts G and H. 

Table 1 of this document provides a 

summary of the affected population, 

costs, and benefits of this rule. 

TABLE 1—SUMMARY OF THE IMPACTS OF THE FINAL RULE

Category Summary 

Applicability ........................................................ Update Table 4 of subpart H in 33 CFR part 183 with ABYC S–30. 

Affected Population ............................................ 1,427 manufacturers of monohull outboard boats of less than 20 feet in length. 

Costs to Industry ($, 7% discount rate) ............. 10-year: $6,624,488. 

Annualized: $943,178. 

Unquantified Benefits ......................................... Creates uniformity by aligning all boats to the same standard. 

Brings those boats not currently in compliance with ABYC S–30 to a higher level of safety than 

the standard currently in regulation. 

Affected Population 

This final rule adopts the current 

ABYC S–30 to replace Table 4 of 

subpart H in 33 CFR part 183. Table 4 

applies to monohull outboard boats that 

are less than 20 feet in length, including 

recreational vessels and some 

commercial fishing vessels. 

Table 4 is also used indirectly for 

flotation requirements for survival craft 

covered by 46 CFR part 25 (uninspected 

vessels), 46 CFR part 117 (small 

passenger vessels carrying more than 

150 passengers), 46 CFR part 141 

(towing vessels), and 46 CFR part 180 

(small passenger vessels under 100 gross 

tons). Small passenger vessels are 

required to carry certain survival craft, 

depending on their route and 

construction, in order to have the 

capacity to evacuate a certain 

percentage of the number of people on 

board. These survival craft are generally 

life rafts or floats, which do not have 

engines and are not impacted by this 

final rule. However, small passenger 


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2See Michael Vatalaro, What ‘‘NMMA-Certified’’ 

Really Means, BoatUS, Feb. 2014, http://

www.boatus.com/magazine/2014/february/whatnnma-certified-means.asp. 

3 Id. 

4The $10 estimate is based on 2 LB Density 

Urethane Foam estimates from US Composites 

(http://www.uscomposites.com/foam.html) and 

conversations with manufacturers. Foam prices 

vary based on the size of the kits. The cost of kits 

range from a 2 cubic foot kit cost of $22.50 ($11.25 

per cubic foot) to $264 for a 40 cubic foot kit ($6.60 

per cubic foot). Conversations with manufacturers 

confirmed $10 is a reasonable average estimate for 

adding 1 to 2 cubic feet of additional flotation, that 

takes into account the varying costs based on the 

size of kits purchased and that manufacturers may 

pay less than the listed prices based on their 

purchasing agreements with the suppliers. 

5Based on discussions with manufacturers, the 

additional $40 estimate is to cover the cost of 

enclosing a rear seat to add flotation foam under it 

or to add small chambers, especially on open 

aluminum boats, to accommodate the additional 

flotation foam. 

6A summary of the NMMA abstract is available 

at https://www.nmma.org/statistics/publications/ 

statistical-abstract. The full report is available for 

purchase through NMMA. The Coast Guard used 

data from Powerboat Sales Trends, Table 1: 

Outboard boats: Estimated sales by hull market; 

Table 2: Fiberglass outboard boats: Estimated 

market share by length; and Table 3: Aluminum 

outboard boats: Estimated market share by length. 

vessels could voluntarily carry a small 

boat that can be used to carry some of 

the passengers, thereby reducing the 

number of other survival craft they are 

required to carry (46 CFR 117.200(b) 

and 46 CFR 180.200(b)). Because this is 

a voluntary option available for these 

vessels, we do not include them in our 

analysis. However, we do note that if 

the uninspected vessels, small 

passenger vessels carrying more than 

150 passengers, towing vessels, or small 

passenger vessels under 100 gross tons 

choose to carry a small boat on board 

that does not meet ABYC S–30 standard, 

they could be indirectly affected by this 

final rule. Because this final rule applies 

only to new boats manufactured after 

June 1, 2018, any small passenger 

vessels already carrying small boats 

subject to Table 4 of subpart H are not 

affected. If they choose to replace their 

small boat with a boat built after June 

1, 2018, they may be indirectly affected 

if the manufacturer passes the costs of 

this final rule on to the consumers. We 

account for the direct costs to 

manufacturers in this analysis. 

The final rule affects manufacturers 

that produce monohull outboard boats 

that are less than 20 feet in length and 

that are not currently building boats to 

ABYC S–30 standard. The Coast Guard 

used the list of active Manufacturer 

Identification Code (MIC) holders, as 

required by 33 CFR 181 subpart C, to 

determine the affected population. This 

list represents all recreational boat MICs 

that are currently active. We then 

removed any MICs that will not be 

affected by this rule from the list of 

manufacturers. This includes: (1) 

Manufacturers with multiple MICs; (2) 

MICs belonging to manufacturers that 

only build boats greater than 20 feet in 

length; (3) MICs belonging to 

manufacturers that do not build 

monohull outboard boats; and (4) MICs 

belonging to manufacturers that only 

produce boats exempted from this 

regulation by 33 CFR 183.201(b), 

including sailboats, canoes, kayaks, 

inflatable boats, submersibles, surface 

effect vessels, amphibious vessels, and 

raceboats. We found there are no more 

than 1,519 affected manufacturers that 

produce monohull outboard boats that 

are less than 20 feet in length. 

Some of these 1,519 monohull 

manufacturers are currently in 

compliance with ABYC S–30 standard, 

and therefore will not incur additional 

costs because of this rule. The National 

Marine Manufacturers Association 

(NMMA) requires its members to build 

boats to the ABYC standard.2 These 

NMMA builders produce about 85 

percent of the recreational boats built 

each year.3 We found 92 monohull 

manufacturers that are currently NMMA 

members and therefore we assume they 

are in compliance. We assume the 

remaining 1,427 monohull 

manufacturers are not compliant with 

the current voluntary standard and will 

be affected by this rule. 

Costs to Industry 

This final rule adopts the current 

ABYC S–30, to replace Table 4 of 

subpart H. This change will increase 

costs to 1,427 monohull manufacturers 

that are assumed to be not in 

compliance. The increase in the weight 

table figures will require an additional 

1 to 2 cubic feet of flotation to be added 

to each boat manufactured after the 

effective date of June 1, 2018. We 

estimate the foam for the additional 

flotation will cost an average of $10 per 

boat.4 Some manufacturers may need to 

make minor adjustments such as 

enclosing an aft seat and adding foam 

under the seat to accommodate the 

additional foam in the boats. Therefore, 

Coast Guard uses an estimate of $50 per 

boat to account for the foam and any 

minor adjustments that may be 

necessary.5 Manufacturers could incur 

costs related to determining where to 

put the additional flotation on a vessel, 

but we believe redesign costs would not 

be needed as the additional flotation 

material is minimal and the placement 

of the material is fairly standard. The 

manufacturers are already required to 

add flotation to boats, so there will be 

no costs for new equipment, facilities, 

or retrofitting of facilities. 

To estimate the total cost to industry, 

we then estimated the total number of 

outboard boats less than 20 feet in 

length manufactured per year by the 

monohull manufacturers that are not in 

compliance. The Coast Guard used data 

from the NMMA’s 2015 Recreational 

Boating Statistical Abstract 6 to estimate 

the total affected outboard boats. The 

NMMA breaks down outboard boat sales 

by two hull materials: Fiberglass and 

aluminum. The NMMA estimates that in 

2015, 51,300 fiberglass outboard boats 

and 104,500 aluminum outboard boats 

were sold. Of these boats sold, 42.7 

percent of the fiberglass outboard boats 

and 60.4 percent of the aluminum 

outboard boats were less than 20 feet in 

length. Multiplying the percentage 

market share of boats less than 20 feet 

by the total sales of boats by material, 

we found there were 21,905 fiberglass 

boats and 63,118 aluminum outboard 

boats less than 20 feet sold in 2015 (see 

Table 2). 


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7Production forecasts are internal NMMA 

estimates that were provided to the Coast Guard on 

9/7/2016. 

8Forecasted percentages for 2016 and 2019 were 

given in NMMA data. Forecasted percentages for 

years 2017 and 2018 were calculated from NMMA’s 

forecasted annual production index. For 2017, the 

affected outboard boats manufactured annually are 

calculated as [1 + ((170.1¥147.6)/147.6)] * 14,232 

= 16,402, rounded. For 2018, the affected outboard 

boats manufactured annually are calculated as [1 + 

(185.8¥170.1)/170.1] * 16,402, rounded. 

TABLE 2—TOTAL SALES AND MARKET SHARE OF OUTBOARD BOATS BY MATERIAL TYPE

Outboard boat by material Estimated total 

sales 

Percentage 

market share 

outboard boats 

less than 20 

feet 

Total outboard 

boats less 

than 20 feet 

sold in 2015 

Fiberglass .................................................................................................................................... 51,300 42.7 21,905 

Aluminum ..................................................................................................................................... 104,500 60.4 63,118 

Total ...................................................................................................................................... 155,800 ........................ 85,023 

The total 85,023 outboard boats less 

than 20 feet that were sold in 2015 were 

produced by a mix of manufacturers 

that are already in compliance with the 

ABYC S–30 standard and manufacturers 

that are not in compliance and will be 

impacted by this rule. The NMMA 

estimates that around 85 percent of the 

boats sold in the United States are 

already in compliance with the ABYC 

S–30 standard. Therefore, the Coast 

Guard estimates 15 percent of the total 

outboard boats less than 20 feet sold 

were produced by manufacturers not in 

compliance with the ABYC standard. 

These 12,753 boats (15 percent of the 

85,023 outboard boats less than 20 feet, 

rounded) will require $50 of additional 

flotation materials to align with the new 

standard. 

To estimate the affected outboard 

boats over the 10-year period of 

analysis, we used NMMA data to 

forecast future boat building 

production.7 The NMMA anticipates 

annual production will rise through at 

least 2018 before leveling off into at 

least early 2019. The NMMA does not 

have estimates for production past 2019. 

Since the NMMA anticipates production 

will plateau once it reaches the levels of 

production estimated in 2019, the Coast 

Guard assumes production will hold at 

2019 levels. Production could decrease 

or increase, resulting in higher or lower 

industry costs, but for the purposes of 

this analysis we assume production 

remains constant past 2019. Table 3 

shows our baseline affected population, 

the forecasted percentage increases over 

the previous year estimated by NMMA, 

and the resulting number of affected 

outboard boats.8

TABLE 3—FORECASTED AFFECTED

OUTBOARD BOATS

Year 

Forecasted 

percentage 

increase over 

previous year 

Affected 

outboard boats 

manufactured 

annually 

2015 .......... ........................ 12,753 

2016 .......... 11.6 14,232 

2017 .......... 15.2 16,402 

2018 .......... 9.2 17,916 

2019 .......... 6.1 19,009 

2020+ ........ 0.0 19,009 

As this final rule will be effective June 

1, 2018, any outboard boats 

manufactured after this date will need 

to be in compliance with ABYC S–30 

standard. The Coast Guard anticipates 

most manufacturers will begin making 

the necessary changes at the beginning 

of 2018. All manufacturers will be in 

compliance by June 1, 2018 of Year 1, 

which corresponds with the 2018 

estimated affected outboard boats in 

Table 3. We estimate there will be 

17,916 affected outboard boats in Year 

1 and 19,009 affected outboard boats in 

Years 2 through 10. Table 4 summarizes 

the estimated affected population of 

outboard boats that we used to estimate 

the 10-year costs of this final rule. 

TABLE 4—TEN-YEAR PROJECTION OF

AFFECTED OUTBOARD BOATS

Year Affected 

outboard boats 

1 ............................................ 17,916 

2 ............................................ 19,009 

3 ............................................ 19,009 

4 ............................................ 19,009 

5 ............................................ 19,009 

6 ............................................ 19,009 

7 ............................................ 19,009 

8 ............................................ 19,009 

9 ............................................ 19,009 

10 .......................................... 19,009 

We then multiplied the projected 

number of affected outboard boats each 

year in Table 4 by the estimated cost per 

boat of $50. Table 5 shows the total 

costs of this final rule on an 

undiscounted basis, and discounted at 7 

and 3 percent. 

TABLE 5—TOTAL COSTS OF FINAL RULE

Year 

Total 

undiscounted 

costs 

Total, discounted 

7% 3% 

1 ................................................................................................................................................... $895,800 $837,196 $869,709 

2 ................................................................................................................................................... 950,450 830,160 895,890 

3 ................................................................................................................................................... 950,450 775,850 869,796 

4 ................................................................................................................................................... 950,450 725,094 844,463 

5 ................................................................................................................................................... 950,450 677,658 819,867 

6 ................................................................................................................................................... 950,450 633,325 795,987 

7 ................................................................................................................................................... 950,450 591,892 772,803 

8 ................................................................................................................................................... 950,450 553,171 750,294 

9 ................................................................................................................................................... 950,450 516,982 728,441 

10 ................................................................................................................................................. 950,450 483,161 707,224 


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TABLE 5—TOTAL COSTS OF FINAL RULE—Continued 

Year 

Total 

undiscounted 

costs 

Total, discounted 

7% 3% 

Total ...................................................................................................................................... 9,449,850 6,624,488 8,054,473 

Annualized ..................................................................................................................... ........................ 943,178 944,230 

The total 10-year undiscounted cost of 

this final rule is $9,449,850. The total 

10-year discounted cost of this final rule 

is $6,624,488 and the annualized cost is 

$943,178, both discounted at 7 percent. 

The manufacturers of outboard boats 

less than 20 feet in length not in 

compliance with ABYC S–30 standard 

will bear these costs. However, it is 

possible that manufacturers may pass 

these costs onto the recreational boat 

owners by incorporating the additional 

costs of this final rule into the sales 

price. The sale price of the affected 

boats can range from $3,000 through 

$50,000. If we use an average of $26,500 

per boat, the $50 average cost per boat 

represents 0.2 percent of the sales price. 

However, 85 percent of the boats sold in 

the United States are already in 

compliance and include this cost of 

floatation in the sales prices. 

Benefits 

This rule does not provide any 

quantitative benefits. However, it does 

have qualitative benefits. This rule 

creates uniformity by aligning all boats 

to the same standard. The ABYC S–30 

provides a higher level of safety than 

that provided by the standard currently 

in the regulation. Requiring all boats 

less than 20 feet in length that currently 

do not meet ABYC S–30 standard 

weights to comply with that standard 

will improve the buoyancy of these 

boats, and therefore, improve their 

operational safety. 

B. Small Entities 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

Coast Guard prepared this Final 

Regulatory Flexibility Analysis (FRFA) 

that examines the impacts of the final 

rule on small entities (5 U.S.C. 601 et 

seq.). We recognize that a FRFA is not 

required for a final rule that was not 

preceded by a general notice of 

proposed rulemaking. We are including 

an analysis of the final rule 

requirements on small entities for 

informational purposes. 

A small entity may be: A small 

independent business, defined as 

independently owned and operated, is 

organized for profit, and is not 

dominant in its field per the Small 

Business Act (5 U.S.C. 632); a small notfor-profit organization (any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field); or a small 

governmental jurisdiction (locality with 

fewer than 50,000 people) per the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601–612. 

A FRFA addresses the following: 

(1) A statement of the need for, and 

objectives of, the rule; 

(2) A statement of the significant 

issues raised by the public comments in 

response to the initial regulatory 

flexibility analysis, a statement of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the interim final rule as a result of such 

comments; 

(3) The response of the agency to any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration in response to the 

interim final rule, and a detailed 

statement of any change made to the 

interim final rule in the final rule as a 

result of the comments; 

(4) A description of and an estimate 

of the number of small entities to which 

the rule will apply or an explanation of 

why no such estimate is available; 

(5) A description of the projected 

reporting, recordkeeping and other 

compliance requirements of the rule, 

including an estimate of the classes of 

small entities which will be subject to 

the requirement and the type of 

professional skills necessary for 

preparation of the report or record; and 

(6) A description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statutes, 

including a statement of the factual, 

policy, and legal reasons for selecting 

the alternative adopted in the final rule 

and why each one of the other 

significant alternatives to the rule 

considered by the agency which affect 

the impact on small entities was 

rejected. 

1. A statement of the need for, and 

objectives of, the rule. 

Section 308 of the CGAA requires the 

Coast Guard to issue regulations 

updating Table 4 of subpart H in Title 

33 CFR part 183 to reflect the ABYC S– 

30 standard. 

Congress has authorized the Coast 

Guard to prescribe regulations 

establishing minimum safety standards 

for recreational vessels and associated 

equipment. In 1977, the Coast Guard 

established flotation requirements for 

boats less than 20 feet in length, and 

established a weight table (Table 4 of 

subpart H in 33 CFR part 183) used to 

assist the boat manufacturer in 

determining the amount of flotation to 

be included in a boat’s design and 

construction. 

Table 4 was last updated in 1984, but 

the size and weight of outboard engines 

has evolved over the years to the point 

where Table 4 no longer accurately 

represents the weights of outboard 

engines available on the market. 

Changes in the design and construction 

of modern outboard engines necessitate 

a change in the table of outboard engine 

weights used in calculating safe loading 

capacities and required amounts of 

flotation material in the Safe Loading 

and Flotation Standards found in 33 

CFR part 183, subparts G and H. 

2. A statement of the significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis, a statement of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the interim final rule as a result of the 

comments. 

The Coast Guard did not receive any 

comments on the initial regulatory 

flexibility analysis. 

3. The response of the agency to any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration in response to the 

interim final rule, and a detailed 

statement of any change made to the 

interim final rule in the final rule as a 

result of the comments. 

The Coast Guard did not receive any 

comments from the Small Business 

Administration’s (SBA) Office of 

Advocacy regarding the impact that the 

interim final rule would have on small 

entities. 

4. A description of and an estimate of 

the number of small entities to which 

the rule will apply or an explanation of 

why no such estimate is available. 


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49742 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Rules and Regulations 

9 Data sources: ReferenceUSA 

(www.referenceusagov.com) and Manta 

(www.manta.com). 

10 ‘‘Small entities’’ include small businesses that 

meet the Small Business Administration size 

standard for small business concerns at 13 CFR 

121.201, small governmental jurisdictions with a 

population of less than 50,000, and small 

organizations that are independently owned not-forprofit enterprises and which are not dominant in 

their field. See 5 U.S.C. 601(3)–(5). 

11SBA size standards are matched to NAICS, 

effective February 26, 2016. See Contracting: Table 

of Small Business Size Standards, https://

www.sba.gov/content/small-business-sizestandards. 

12Using a 95 percent confidence level, a sample 

size of 385 companies is sufficient. Our research 

started with a random sample of 749 companies 

that yielded 388 entities for which requisite 

information was found. 

This final rule affects manufacturers 

that produce monohull outboard boats 

that are less than 20 feet in length that 

are not currently building boats to 

ABYC S–30 standard. 

Based on Coast Guard’s list of active 

MIC holders, we estimate this final rule 

will affect 1,427 U.S. companies. We 

researched the number of employees 

and revenue of these companies using 

proprietary and public business 

databases.9 We then measured company 

size data using the SBA’s business size 

standards to assess how many 

companies in this industry may be small 

entities.10 The SBA provides business 

size standards for all sectors of the 

North American Industry Classification 

System (NAICS).11

Using a random sample of companies 

out of the total population of 1,427 

affected U.S. companies, we researched 

749 companies and found companyspecific revenue and employment 

information and data on 388 of them.12

We assumed that the remaining 361 

companies (for which the revenue and 

employment information was 

unavailable) are small entities for the 

purpose of this analysis. Of the 388 

companies for which revenue and 

employment information was available, 

we found three entities that exceeded 

the small entity thresholds for their 

relevant NAICS code. The remaining 

385 companies are small entities as 

defined by the SBA thresholds. Adding 

these small entities to the companies 

without revenue and employment 

information, we estimate a total of 746 

of the companies are small entities. 

Using the results of this random sample, 

we calculated the fraction of small 

entities by dividing the total small 

entities by the sample size. Therefore, 

we estimate that 99.6 percent of all 

monohull companies not currently 

building to ABYC S–30 standard fall 

below the threshold for small 

businesses. Table 6 summarizes the 

findings of our small entity threshold 

analysis. 

TABLE 6—NUMBER OF COMPANIES AND SMALL ENTITIES RESEARCHED

Category Number of 

companies 

(a) Sample Size ............................................................................................................................................................................... 749 

(b) Without Revenue or Employment Data ..................................................................................................................................... 361 

(c ) With Revenue or Employee Data ............................................................................................................................................. 388 

(d) Exceeded Small Entity Threshold .............................................................................................................................................. 3 

(e) Below the Small Business Threshold ........................................................................................................................................ 385 

Total Small Entities, (b) + (e) .......................................................................................................................................................... 746 

Total, (a) .......................................................................................................................................................................................... 749 

Fraction Small Entities ..................................................................................................................................................................... 99.6% 

Our analysis of the available company 

information revealed 64 primary NAICS 

codes. Table 7 displays the NAICS 

codes of the small entities found in our 

sample. 

TABLE 7—NAICS CODES OF IDENTIFIED SMALL ENTITIES

Title NAICS code Count of 

companies 

SBA size 

standard type 

SBA size 

threshold 

Boat Building ................................................................................................................................. 336612 151 Employees ......... 1,000 

Boat Dealers .................................................................................................................................. 441222 56 Revenue ............ $32,500,000 

Other Personal and Household Goods Repair and Maintenance ................................................ 811490 32 Revenue ............ $7,500,000 

Marinas .......................................................................................................................................... 713930 28 Revenue ............ $7,500,000 

All Other Support Services ............................................................................................................ 561990 14 Revenue ............ $11,000,000 

Mineral Wool Manufacturing ......................................................................................................... 327993 11 Employees ......... 1,500 

Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.811310 8 Revenue ............ $7,500,000 

All Other Miscellaneous Manufacturing ........................................................................................ 339999 5 Employees ......... 500 

Fabricated Structural Metal Manufacturing ................................................................................... 332312 4 Employees ......... 500 

New Single-family Housing Construction (Except For-Sale Builders) .......................................... 236115 3 Revenue ............ $36,500,000 

All Other Plastics Product Manufacturing ..................................................................................... 326199 3 Employees ......... 750 

Sporting and Recreational Goods and Supplies Merchant Wholesalers ..................................... 423910 3 Employees ......... 100 

Other Miscellaneous Durable Goods Merchant Wholesalers ....................................................... 423990 3 Employees ........ 100 

Other Building Material Dealers .................................................................................................... 444190 3 Revenue ............ $20,500,000 

Engineering Services .................................................................................................................... 541330 3 Revenue ............ $15,000,000 

All Other Business Support Services ............................................................................................ 561499 3 Revenue ............ $15,000,000 

Site Preparation Contractors ......................................................................................................... 238910 2 Revenue ............ $15,000,000 

Sheet Metal Work Manufacturing .................................................................................................. 332322 2 Employees ......... 500 

Special Die and Tool, Die Set, Jig and Fixture Manufacturing .................................................... 333514 2 Employees ......... 500 

Travel Trailer and Camper Manufacturing .................................................................................... 336214 2 Employees ......... 1,000 

Wholesale Trade Agents and Brokers .......................................................................................... 425120 2 Employees ......... 100 

All Other Miscellaneous Store Retailers (except Tobacco Stores) .............................................. 453998 2 Revenue ............ $7,500,000 

Museums ....................................................................................................................................... 712110 2 Revenue ............ $27,500,000 

Hunting and Trapping .................................................................................................................... 114210 1 Revenue ............ $5,500,000 

Water Supply and Irrigation Systems ........................................................................................... 221310 1 Revenue ............ $27,500,000 


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13As indicated by either the revenue or employee 

data for businesses, we use ReferenceUSA 

(www.referenceusagov.com) and Manta 

(www.manta.com). 

TABLE 7—NAICS CODES OF IDENTIFIED SMALL ENTITIES—Continued 

Title NAICS code Count of 

companies 

SBA size 

standard type 

SBA size 

threshold 

Commercial and Institutional Building Construction ..................................................................... 236220 1 Revenue ............ $36,500,000 

Other Heavy and Civil Engineering Construction ......................................................................... 237990 1 Revenue ............ $36,500,000 

Plumbing, Heating, and Air-Conditioning Contractors .................................................................. 238220 1 Revenue ............ $15,000,000 

All Other Specialty Trade Contractors .......................................................................................... 238990 1 Revenue ............ $15,000,000 

Fabric Coating Mills ....................................................................................................................... 313320 1 Employees ......... 1,000 

Other Millwork (including Flooring) ............................................................................................... 321918 1 Employees ......... 500 

Plastics Material and Resin Manufacturing ................................................................................... 325211 1 Employees ......... 1,250 

Fertilizer (Mixing Only) Manufacturing .......................................................................................... 325314 1 Employees ......... 500 

All Other Miscellaneous Nonmetallic Mineral Product Manufacturing .......................................... 327999 1 Employees ......... 500 

Alumina Refining and Primary Aluminum Production ................................................................... 331313 1 Employees ......... 1,000 

Aluminum Sheet, Plate and Foil Manufacturing ........................................................................... 331315 1 Employees ......... 1,250 

Other Aluminum Rolling, Drawing, and Extruding ........................................................................ 331318 1 Employees ......... 750 

Plate Work Manufacturing ............................................................................................................. 332313 1 Employees ......... 750 

Farm Machinery and Equipment Manufacturing ........................................................................... 333111 1 Employees ......... 1,250 

Overhead Traveling Crane, Hoist and Monorail System Manufacturing ...................................... 333923 1 Employees ......... 1,250 

All Other Miscellaneous General Purpose Machinery Manufacturing .......................................... 333999 1 Employees ......... 500 

Other Communications Equipment Manufacturing ....................................................................... 334290 1 Employees ......... 750 

Truck Trailer Manufacturing .......................................................................................................... 336212 1 Employees ........ 1,000 

Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing ............... 336330 1 Employees ......... 1,000 

Ship Building and Repairing .......................................................................................................... 336611 1 Employees ......... 1,250 

All Other Transportation Equipment Manufacturing ...................................................................... 336999 1 Employees ......... 1,000 

Sporting and Athletic Goods Manufacturing ................................................................................. 339920 1 Employees ........ 750 

Hobby, Toy and Game Stores ...................................................................................................... 451120 1 Revenue ............ $27,500,000 

Scenic and Sightseeing Transportation, Water ............................................................................ 487210 1 Revenue ............ $7,500,000 

Navigational Services to Shipping ................................................................................................ 488330 1 Revenue ............ $38,500,000 

Miscellaneous Intermediation ........................................................................................................ 523910 1 Revenue ............ $38,500,000 

Recreational Goods Rental ........................................................................................................... 532292 1 Revenue ............ $7,500,000 

Landscape Architectural Services ................................................................................................. 541320 1 Revenue ............ $7,500,000 

Industrial Design Services ............................................................................................................. 541420 1 Revenue ............ $7,500,000 

Graphic Design Services ............................................................................................................... 541430 1 Revenue ............ $7,500,000 

Administrative Management and General Management Consulting Services ............................. 541611 1 Revenue ............ $15,000,000 

Other Management Consulting Services ...................................................................................... 541618 1 Revenue ............ $15,000,000 

All Other Professional, Scientific and Technical Services ............................................................ 541990 1 Revenue ............ $15,000,000 

Landscaping Services ................................................................................................................... 561730 1 Revenue ............ $7,500,000 

All Other Miscellaneous Schools and Instruction ......................................................................... 611699 1 Revenue ............ $11,000,000 

Emergency and Other Relief Services .......................................................................................... 624230 1 Revenue ............ $32,500,000 

Fitness and Recreational Sports Centers ..................................................................................... 713940 1 Revenue ............ $7,500,000 

RV (Recreational Vehicle) Parks and Campgrounds ................................................................... 721211 1 Revenue ............ $7,500,000 

Civic and Social Organizations ..................................................................................................... 813410 1 Revenue ............ $7,500,000 

Revenue Impacts of the Final Rule. To 

determine the impacts of the final rule 

on small monohull manufacturers, we 

used information on revenues or 

employee size as available on business 

directory Web sites.13

As discussed in the ‘‘Cost to Industry’’ 

section of the RA, we estimate that there 

are 17,916 outboard boats less than 20 

feet produced by manufacturers 

annually that will require additional 

flotation materials to align with this 

final rule in Year 1. Coast Guard does 

not have information on the market 

share of the small entity manufacturers 

and the number of boats they produce 

each year. Therefore, we assume each 

manufacturer consistently produces the 

same number of boats each year and that 

each manufacturer has the same market 

share. With 1,427 affected U.S. 

companies, this is an average of about 

13 outboard boats per manufacturer 

(rounded). In Years 2 through 10, the 

Coast Guard estimates there are 19,009 

outboard boats affected, at an average of 

about 13 outboard boats per 

manufacturer (19,009 boats divided by 

1,427 manufacturers, rounded). At an 

estimated cost of $50 per outboard boat, 

the average total cost per manufacturer 

is $650 in Years 1 through 10. Table 8 

summarizes the average costs per 

manufacturer of the final rule by year. 

TABLE 8—FINAL RULE AVERAGE COSTS PER MANUFACTURER

Year(s) Affected outboard 

boats 

Manufacturers not 

in compliance 

Average outboard 

boats produced by 

manufacturer 

Cost per outboard 

boats 

Average cost per 

manufacturer 

1 ............................................................. 17,916 1,427 13 $50 $650 

2–10 ....................................................... 19,009 1,427 13 50 650 

Next, we compared the average cost 

per manufacturer to the revenue of the 

manufacturers in our sample. As shown 

in Table 6, we found revenue or 

company data for 385 small entities. We 

found revenue information for 371 of 

these small entities, and we were only 

able to find employee data for 14 

entities. Therefore, we could not 

compare the cost per manufacturer to 

the revenues for the 14 entities with 

only employee data. Table 9 

summarizes the results. In Years 1 

through 10, 94.6 percent of the affected 

manufacturers will incur a cost of 1 


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49744 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Rules and Regulations 

percent or less of revenue in any given 

year, while 0.3 percent will incur a cost 

impact of greater than 10 percent of 

revenue. 

TABLE 9—FINAL RULE REVENUE IMPACTS

Impact range 

Number of 

affected 

manufacturers 

Percent of 

affected 

manufacturers 

0% < Impact ≤ 1% ....................................................................................................................................... 352 94.9 

1% < Impact ≤ 3% ....................................................................................................................................... 17 4.6 

3% < Impact ≤ 5% ....................................................................................................................................... 1 0.3 

5% < Impact ≤ 10% ..................................................................................................................................... 0 0 

≥ 10% ........................................................................................................................................................... 1 0.3 

Total ...................................................................................................................................................... 371 100 

5. A description of the projected 

reporting, recordkeeping and other 

compliance requirements of the rule, 

including an estimate of the classes of 

small entities which will be subject to 

the requirement and the type of 

professional skills necessary for 

preparation of the report or record. 

This rule calls for no new collection 

of information under the Paperwork 

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

3520. 

6. A description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statutes, 

including a statement of the factual, 

policy, and legal reasons for selecting 

the alternative adopted in the final rule 

and why each one of the other 

significant alternatives to the rule 

considered by the agency which affect 

the impact on small entities was 

rejected. 

This final rule implements section 

308 of CGAA. The CGAA mandates the 

update of Table 4 in 33 CFR part 183. 

As such, the Coast Guard has no 

discretion to offer alternatives that 

minimize the impact on small entities 

while accomplishing the stated 

objective of the statute. To ease 

implementation of this requirement, the 

Coast Guard is delaying the effective 

date until June 1, 2018, so that the new 

requirements will apply only to boat 

manufacturers who build boats after that 

date. 

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). 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we offered to assist small entities 

in understanding this rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

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 E.O. 13132 and have 

determined that it is consistent with the 

fundamental federalism principles and 

requirements described in Executive 

Order 13132. Our analysis is explained 

below. 

Congress directed the Coast Guard to 

‘‘establish minimum safety standards for 

recreational vessels’’ (46 U.S.C. 4302). 

This rulemaking revises regulations 

issued pursuant to that statute and 

Congress has expressly limited States 

from regulating in this field, as specified 

in 46 U.S.C. 4306. Under 46 U.S.C. 

4306, ‘‘a State or political subdivision of 

a State may not establish, continue in 

effect, or enforce a law or regulation 

establishing a recreational vessel or 

associated or equipment performance or 

other safety standard . . . that is not 

identical to a regulation prescribed 

under’’ 46 U.S.C. 4302. As a result, 

States or local governments are 

expressly prohibited from regulating 

within this category unless the 

regulation is identical to regulation 

prescribed under 46 U.S.C. 4302 or an 

exemption is granted under 46 U.S.C. 

4305. Therefore, the rule is consistent 

with the principles of federalism and 

preemption requirements in Executive 

Order 13132. 

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 E.O. 12630 

(‘‘Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights’’). 


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Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Rules and Regulations 49745 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of E.O. 

12988, (‘‘Civil Justice Reform’’), to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under E.O. 

13045 (‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’). This rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under E.O. 13175 

(‘‘Consultation and Coordination with 

Indian Tribal Governments’’), because it 

would not have a substantial direct 

effect on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under E.O. 

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 E.O. 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, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, with an explanation of why using 

these standards would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) that are 

developed or adopted by voluntary 

consensus standards bodies. 

This rule uses a voluntary consensus 

standard: The current ABYC S–30. 

M. 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 (42 

U.S.C. 4321–4370f), and have concluded 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This final rule 

is categorically excluded under section 

2.B.2, figure 2–1, paragraphs (34)(d) and 

(e) of the Instruction and 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 final rule 

involves the safe loading capacity and 

required amount of flotation material for 

certain recreational boats, which 

concerns equipping of vessels, as well 

as equipment and vessel operation 

safety standards. This rule supports the 

Coast Guard’s maritime safety mission. 

A Record of Environmental 

Consideration (REC) supporting this 

determination is available in the docket 

as discussed in the ADDRESSES section of 

this rule. 

List of Subjects in 33 CFR Part 183 

Marine safety. 

■ For the reasons discussed in the 

preamble, the interim rule amending 33 

CFR part 183 that was published at 82 

FR 16512 on April 5, 2017, is adopted 

as a final rule without change. 

Dated: October 23, 2017. 

Jennifer F. Williams, 

Captain, U.S. Coast Guard, Director of 

Inspections and Compliance. 

[FR Doc. 2017–23384 Filed 10–26–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0348; FRL–9968–40] 

Bacillus amyloliquefaciens Strain 

F727; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Bacillus 

amyloliquefaciens strain F727 in or on 

all food commodities when used in 

accordance with label directions and 

good agricultural practices. Marrone Bio 

Innovations submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of Bacillus 

amyloliquefaciens strain F727 under 

FFDCA. 

DATES: This regulation is effective 

October 27, 2017. Objections and 

requests for hearings must be received 

on or before December 26, 2017, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0348, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


asabaliauskas on DSKBBXCHB2PROD with RULES