[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56294-56295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23271]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 160

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


Inflatable Personal Flotation Devices

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; notice of withdrawal.

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SUMMARY: The Coast Guard is withdrawing its direct final rule published 
on March 30, 2011. The direct final rule notified the public of the 
Coast Guard's intent to harmonize structural and performance standards 
for inflatable recreational personal flotation devices (PFDs) with 
current voluntary industry consensus standards, and to slightly modify 
regulatory text in

[[Page 56295]]

anticipation of a future rulemaking addressing the population for which 
inflatable recreational PFDs are approved. The Coast Guard is 
withdrawing that rule because we received an adverse comment. That rule 
will not become effective as scheduled. Instead, the Coast Guard plans 
to consider these issues in a notice of proposed rulemaking.

DATES: The direct final rule published March 30, 2011, (76 FR 17561), 
is withdrawn effective September 13, 2011.

ADDRESSES: The docket for this rulemaking, USCG-2011-0076, is 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.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or e-mail Ms. Brandi Baldwin, Lifesaving and Fire Safety 
Division (CG-5214), U.S. Coast Guard, telephone 202-372-1394, e-mail 
[email protected]. If you have questions on viewing material in 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    On March 30, 2011, we published a direct final rule entitled 
``Inflatable Personal Flotation Devices'' in the Federal Register (76 
FR 17561). That rule would have revised 46 CFR part 160, subpart 
160.076 to update the editions of the Underwriters Laboratories (UL) 
Standards incorporated by reference and made necessary conforming 
changes resulting from incorporating the updated standards. The 
conforming changes included 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. That rule 
also made minor regulatory text revisions to subpart 160.076 which had 
a non-substantive effect.
    We published the rule as a direct final rule under 33 CFR 1.05-55 
because we considered this rule to be noncontroversial and did not 
expect any adverse comment regarding this rulemaking. In the direct 
final rule we notified the public of our intent to make the rule 
effective on September 26, 2011, unless an adverse comment or notice of 
intent to submit an adverse comment was received on or before May 31, 
2011.
    We received three submissions during this comment period, and have 
determined that one of those submissions contains an adverse comment, 
as explained below. As such the Coast Guard is withdrawing the direct 
final rule and is instead planning to consider these issues in a notice 
of proposed rulemaking.

Withdrawal

    The Coast Guard 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.
    One commenter expressed support for the rule, citing the removal of 
barriers to the development of innovative PFDs leading to an expected 
improvement in the quality and variety of inflatable lifejackets 
available to the public. The Coast Guard appreciates this support.
    One commenter expressed disagreement with a specific revision made 
to UL Standard 1191, which increased the tolerance for the minimum 
gross weight of inflation gas cylinders from 10% to 15%. Following 
publication of the direct final rule, UL 1191 was revised to return 
this value to 10%.
    Another commenter expressed concern about deleting the words 
``approved for use by adults only''; the Coast Guard has determined 
this comment to be an adverse comment. In the direct final rule, we 
explained that a comment is considered adverse if the comment explains 
why this rule or a part of this rule would be inappropriate, including 
a challenge to its underlying premise or approach, or why it would be 
ineffective or unacceptable without a change (76 FR 17563). This 
commenter explains 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 this rule goes into effect, would facilitate 
teens using existing inflatable PFDs, and would enable the marketing of 
existing inflatable PFDs to youth. The commenter also expressed concern 
that this rulemaking is premature in light of the work that still needs 
to be done to evaluate sizing requirements for infant or child PFDs. 
Because the Coast Guard considers these concerns to be adverse 
comments, the Coast Guard is withdrawing the direct final rule. The 
Coast Guard will seek comment on the commenter's concerns in the 
forthcoming notice of proposed rulemaking.

    Dated: September 7, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-23271 Filed 9-12-11; 8:45 am]
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