[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62714-62722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25032]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 160

[USCG-2010-0048]
RIN 1625-AB46


Lifesaving Equipment: Production Testing and Harmonization With 
International Standards

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the interim rule addressing 
lifesaving equipment published in this same issue of the Federal 
Register to harmonize Coast Guard regulations for inflatable liferafts 
and inflatable buoyant apparatuses with recently adopted international 
standards affecting capacity requirements for such lifesaving 
equipment. The Coast Guard seeks comments on this proposal.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before November 25, 
2011 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0048 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at 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 202-372-1385. 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 proposed 
rule, call Mr. Kurt Heinz, Commercial Regulations and Standards 
Directorate, Office of Design and Engineering Standards, Lifesaving and 
Fire Safety Division (CG-5214), Coast Guard, telephone 202-372-1395, or 
e-mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Executive Order 12866 and Executive Order 13564
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))
    N. Environment

I. Public Participation and Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change, to http://www.regulations.gov and will 
include any personal information you have provided.

[[Page 62715]]

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0048), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail, or hand delivery, but please use only one of 
these means. The Coast Guard recommends that you include your name and 
a mailing address, an e-mail address, or a phone number in the body of 
your document so that the Coast Guard can contact you if the Coast 
Guard has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. Insert ``USCG-2010-0048'' in the Keyword box, 
click ``Search'', and then click on the balloon shape in the Actions 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit them by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    The Coast Guard will consider all comments and material received 
during the comment period and may change this proposed rule in view of 
your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, and click on the ``read comments'' box, which will then 
become highlighted in blue. Enter the docket number for this rulemaking 
(USCG-2010-0048) in the Keyword box, and click ``Search''. Click the 
``Open Docket Folder'' in the ``Actions'' column. If you do not have 
access to the Internet, you may view the docket by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The Coast Guard has an agreement with 
the Department of Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    The Coast Guard does not currently plan to hold a public meeting. 
But you may submit a request for one to the Docket Management Facility 
at the address under ADDRESSES explaining why one would be beneficial. 
If the Coast Guard determines that one would aid this rulemaking, the 
Coast Guard will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-saving Appliance
MSC Maritime Safety Committee of the International Maritime 
Organization
NEPA National Environmental Policy Act 1969 (42 U.S.C. 4321-4370f)
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act (15 U.S.C. 
272 note)
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS International Convention for Safety of Life at Sea, 1974, as 
amended
Sec.  Section symbol
USCG United States Coast Guard

III. Regulatory History

    On August 31, 2010, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Lifesaving Equipment: Production Testing and 
Harmonization With International Standards'' in the Federal Register. 
See 75 FR 53458. In this same issue of the Federal Register, the Coast 
Guard is publishing an interim rule titled ``Lifesaving Equipment: 
Production Testing and Harmonization with International Standards; 
Interim Rule'' (Interim Rule) making effective changes proposed in the 
NPRM.
    The Coast Guard is issuing this supplemental notice of proposed 
rulemaking (SNPRM) to address amendments to international standards 
affecting capacity requirements for inflatable liferaft and inflatable 
buoyant apparatuses that were recently adopted by the International 
Maritime Organization (IMO) and will enter into force on January 1, 
2012. The IMO amendments to the international standards affect the 
Interim Rule, published elsewhere in this issue of the Federal 
Register, regarding inflatable liferafts and inflatable buoyant 
apparatuses. The IMO amendments affect capacity requirements for such 
liferafts, and by extension buoyant apparatuses, but do not affect any 
other part of the Interim Rule.

IV. Background

    As discussed in the ``Background'' section of the Interim Rule, the 
Coast Guard is charged with ensuring that lifesaving equipment used on 
vessels subject to inspection by the United States meets specific 
design, construction, and performance standards, including those found 
in the International Convention for the Safety of Life at Sea, 1974, as 
amended, (SOLAS), Chapter III ``Life-saving appliances and 
arrangements.'' See 46 U.S.C. 3306. The Coast Guard carries out this 
charge through the approval of lifesaving equipment per 46 CFR part 2, 
subpart 2.75. The approval process includes: pre-approving lifesaving 
equipment designs, overseeing prototype construction, witnessing 
prototype testing, and monitoring production of the equipment for use 
on U.S. vessels. See 46 CFR part 159. At each phase of the approval 
process, the Coast Guard sets specific standards to which lifesaving 
equipment must be built and tested.
    The Coast Guard's specific standards for inflatable liferafts are 
found in 46 CFR part 160, subparts 160.151 (Inflatable Liferafts 
(SOLAS)) and 160.051 (Inflatable Liferafts for Domestic Service). The 
Coast Guard's specific standards for inflatable buoyant apparatuses are 
found in 46 CFR part 160, subpart 160.010 (Buoyant Apparatus for 
Merchant Vessels). Current subpart 160.151 satisfies SOLAS 
requirements, and current subparts 160.051 and 160.010 require 
compliance with the standards in subpart 160.151, with some 
specifically listed exceptions. See 46 CFR 160.051-1 and 160.010-3(a).
    Subpart 160.151 implements SOLAS requirements by incorporating by 
reference the IMO standards referenced by Chapter III of SOLAS. The 
primary IMO standards referenced by Chapter III of SOLAS are the 
``Revised recommendation on testing of life-saving appliances'' 
(Recommendation on Testing), IMO Resolution MSC.81(70), and the 
``International Life-saving Appliance Code'' (LSA Code), IMO Resolution 
MSC.48(66). IMO updates these standards by adopting

[[Page 62716]]

MSC resolutions promulgating amendments to these standards.
    In the Interim Rule published elsewhere in this issue of the 
Federal Register, the Coast Guard revises subpart 160.151 to, among 
other revisions, update the version of the Recommendation on Testing 
incorporated by reference, and incorporate by reference for the first 
time the LSA Code. Interim 46 CFR 160.151-5(d)(5) incorporates by 
reference the LSA Code ``as amended by resolutions MSC.207(81), 
MSC.218(82), and MSC.272(85),'' and the Recommendation on Testing ``as 
amended by IMO Resolutions MSC.226(82) and MSC.274(85).'' Interim 
subparts 160.051 and 160.010 retain the requirement for compliance with 
the standards in subpart 160.151, which will now also include the 
updated versions of the Recommendation on Testing and the LSA Code.
    IMO recently adopted two new MSC resolutions further amending the 
LSA Code and the Recommendation on testing: ``Adoption of Amendments to 
the International Life-Saving Appliance (LSA) Code'' (MSC.293(87)) and 
``Adoption of Amendments to the Revised Recommendation on Testing of 
Life-Saving Appliances'' (MSC.295(87)).
    Resolution MSC.293(87) amends the LSA Code, and enters into force 
on January 1, 2012. This resolution increases the assumed average mass 
of liferaft occupants from 75 kg to 82.5 kg for inflatable liferaft 
design and approval testing purposes.\1\
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    \1\ Although the numbers are similar, the assumed average 
occupant mass of 82.5 kg (181.5 lbs) adopted by IMO for survival 
craft design and approval testing purposes and the average passenger 
weight of 185 lbs used in the Coast Guard's Passenger Weight and 
Inspected Vessel Stability Requirements Final Rule (75 FR 78064) are 
not related. The Passenger Weight Final Rule updated regulations 
that address vessel stability and the assumed average passenger 
weights that directly affect vessel stability. This rule, however, 
would use the assumed average occupant mass of 82.5 kg (181.5 lbs) 
to address safe loading of inflatable liferafts and buoyant 
apparatuses, and does not address vessel stability. The IMO-adopted 
assumed average occupant mass is the international consensus 
standard, and the Coast Guard views this IMO standard as the best 
standard in this context.
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    Resolution MSC.295(87) amends the Recommendation on Testing and 
enters into force on January 1, 2012. This resolution specifies 
revisions necessary to account for this assumed average mass increase 
with respect to certain existing tests. The tests required by the 
Recommendation on Testing, Part 1 (Prototype Tests), affected by 
Resolution MSC.295(87) are: the jump test, loading and seating test, 
davit-launched liferaft boarding test, damage test, righting test, and 
davit-launched inflatable liferaft strength tests.
    The Coast Guard proposes to revise the Interim Rule to include the 
increased average mass of liferaft occupants and to require liferaft 
performance under subpart 160.151 to comply with the revisions to tests 
necessitated by the occupant weight increase. This proposed revision to 
subpart 160.151 would also, by extension, affect liferaft performance 
under subpart 160.051 and inflatable buoyant apparatus performance 
under subpart 160.010.

V. Discussion of Proposed Rule

    The Coast Guard proposes to revise interim Sec.  160.151-5(d)(5) to 
incorporate by reference the LSA Code ``as amended by resolutions 
MSC.207(81), MSC.218(82), MSC.272(85), and MSC.293(87),'' and the 
Recommendation on Testing ``as amended by IMO Resolutions MSC.226(82), 
MSC.274(85), and MSC.295(87).'' Revising these incorporations by 
references would affect the tests in interim Sec. Sec.  160.151-27, 
160.151-29, 160.151-31, and 160.151-57, which refer to the 
Recommendation on Testing. This proposal would require manufacturers to 
conduct those tests on prototype and production liferafts for Coast 
Guard approval under subpart 160.151 (SOLAS liferafts) using the new 
82.5 kg assumed average mass of liferaft occupants instead of the 
current 75 kg assumed average mass. This rule would not impact 
liferafts currently in service. As stated in the NPRM, liferafts in 
service that were approved under the regulations revised by the interim 
rule would not have to be replaced, provided that they remain in 
serviceable condition. However, when they become non-serviceable, and 
thus must be replaced, they would have to be replaced with a liferaft 
that conforms to the revised regulations in effect at the time of 
replacement (i.e. the interim rule, as amended by any final rule 
resulting from this SNPRM).
    The Coast Guard proposes to make this proposed rule effective on 
January 1, 2012, the same date MSC.293(87) and MSC.295(87) enter into 
force.
    Under this proposed rule, any manufacturer of SOLAS liferafts 
wanting to continue manufacturing such liferafts under a Certificate of 
Approval issued under subpart 160.151, or seeking Coast Guard approval 
under subpart 160.151, would have to provide the Coast Guard, prior to 
January 1, 2012, documentation that the applicable tests in subpart 
160.151 have been successfully conducted taking into account the new 
82.5 kg standard. This requirement can be met by submitting records of 
new tests based on the increased weight to maintain the current 
occupancy rating, or by submitting calculations to support a reduced 
occupancy rating based on the total weight used in the tests performed 
during initial approval. The Coast Guard would document compliance with 
Resolutions MSC.293(87) and MSC.295(87) by means of either amended 
Certificates of Approval under subpart 160.151 or by letter where large 
numbers of such Certificates of Approval are involved. The Coast Guard 
seeks comments on this proposal.
    The proposal to incorporate by reference Resolutions MSC.293(87) 
and MSC.295(87) in interim Sec.  160.151-5(d)(5) would also affect 
interim subparts 160.051 and 160.010. As discussed above, liferafts for 
Coast Guard approval under subpart 160.051 (domestic service liferafts) 
and inflatable buoyant apparatuses for Coast Guard approval under 
subpart 160.010 must meet the requirements in subpart 160.151 with some 
exceptions specifically listed in subparts 160.051 and 160.010. See 
Sec.  160.051-5 (``To obtain Coast Guard approval, each Coast Service 
inflatable liferaft must comply with subpart 160.151, with the 
following exceptions * * *'') and Sec.  160.051-7 (``To obtain Coast 
Guard approval, each A and B inflatable liferaft must comply with the 
requirements in subpart 160.151, with the following exceptions * * 
*''); and Sec.  160.010-3(a) (``To obtain Coast Guard approval, an 
inflatable buoyant apparatus must comply with subpart 160.151, with the 
following exceptions * * *''). None of the specifically listed 
exemptions address occupant weight or are affected by Resolutions 
MSC.293(87) and MSC.295(87).
    Although incorporating by reference Resolutions MSC.293(87) and 
MSC.295(87) in interim Sec.  160.151-5(d)(5) would affect interim 
subparts 160.051 and 160.010, the proposed rule would only affect any 
new approval sought under subparts 160.051 or 160.010, if this proposal 
is made final. The language in subparts 160.051 and 160.010 that 
requires compliance with subpart 160.151 only addresses obtaining Coast 
Guard approval, and a manufacturer obtains Coast Guard approval when 
seeking a new approval. Coast Guard approval is evidenced by a 
Certificate of Approval (COA), which is valid for a period of 5 years. 
After receiving a COA, the manufacturer must renew the COA before it 
expires, but renewal of a COA is not considered obtaining Coast Guard 
approval.

[[Page 62717]]

    Therefore, under this proposed rule, manufacturers of domestic 
service liferafts and manufacturers of inflatable buoyant apparatuses 
seeking a new approval under subpart 160.051 or subpart 160.010 on or 
after January 1, 2012 would have to conduct the applicable tests taking 
into account the new 82.5 kg standard. Manufacturers that already have 
a COA issued under subpart 160.051 or subpart 160.010 prior to January 
1, 2012, however, would not have to comply with the new tests required 
by the Recommendation on Testing, as amended by Resolution MSC.295(87) 
for those approved products. Those manufacturers of domestic service 
liferafts approved under subpart 160.051 prior to January 1, 2012, and 
manufacturers of inflatable buoyant apparatuses approved under subpart 
160.010 prior to January 1, 2012, could continue production of such 
lifesaving equipment using the 75 kg assumed average mass for 
occupants.
    The Coast Guard proposes to permit manufacturers of domestic 
service liferafts and manufacturers of inflatable buoyant apparatuses 
with COA issued under subpart 160.051 or subpart 160.010 prior to 
January 1, 2012, to continue production of such lifesaving equipment 
using the 75 kg assumed average mass because of the differences between 
SOLAS liferafts and domestic service liferafts and inflatable buoyant 
apparatuses. SOLAS liferafts are carried on international voyages and 
as such must comply with IMO requirements. Domestic service liferafts 
and inflatable buoyant apparatuses are carried only on coastwise and 
other non-ocean or non-international routes and are not subject to 
SOLAS requirements. While the Coast Guard considers the IMO standards 
for this lifesaving equipment, as discussed above and in the Interim 
Rule, to be appropriate for all U.S. flag vessels regardless of voyage, 
the Coast Guard is aware of the burden of re-testing domestic service 
liferafts and inflatable buoyant apparatuses to address the SOLAS 
increased assumed average mass for occupants. However, the Coast Guard 
still desires a consistent standard across lifesaving appliances in 
keeping with the harmonization goal of the Interim Rule, as reflected 
in the current requirement that liferafts and inflatable buoyant 
apparatuses for approval under subparts 160.051 and 160.010 comply with 
subpart 160.151. To balance the burden of re-testing domestic service 
liferafts and inflatable buoyant apparatuses with the Coast Guard's 
determination that IMO standards for lifesaving equipment are 
appropriate for all U.S. flag vessels regardless of voyage, the Coast 
Guard proposes to not affect current production of domestic service 
liferafts and inflatable buoyant apparatuses already approved under 
subparts 160.051 or 160.010. Therefore, the proposed rule would retain 
the current regulatory text in subparts 160.051 and 160.010 to require 
manufacturers of domestic service liferafts or inflatable buoyant 
apparatuses to comply with subpart 160.151 when seeking new Coast Guard 
approval only.
    Manufacturers who wish to standardize across their product lines 
may opt to re-test domestic service liferafts and buoyant apparatuses 
approved under subparts 160.051 or 160.010 prior to January 1, 2012, to 
demonstrate compliance with Resolutions MSC.293(87) and MSC.295(87). 
The Coast Guard would document compliance with Resolutions MSC.293(87) 
and MSC.295(87) by means of either amended Certificates of Approval 
under subpart 160.015 or subpart 160.010, as applicable, or by letter 
where large numbers of such Certificates of Approval are involved.

VI. Incorporation by Reference

    Material proposed for incorporation by reference appears in 
proposed 46 CFR 160.151-5. You may inspect this material at U.S. Coast 
Guard Headquarters where indicated under ADDRESSES. Copies of the 
material are available from the sources listed in paragraph (d) of that 
section.
    Before publishing a binding rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

VII. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering 
numerous statutes and executive orders related to rulemaking. Below, 
the Coast Guard summarizes these analyses based on 14 of these statutes 
or executive orders.

A. Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget (OMB) has not reviewed 
it under that Order.
    As mentioned previously within this preamble, the Coast Guard is 
issuing this SNPRM regarding inflatable liferafts and inflatable 
buoyant apparatuses concurrently with an Interim Rule published 
elsewhere in this issue of the Federal Register.
    This SNPRM addresses the change in the international standard for 
occupant weight used in testing equipment in order to establish the 
rated capacity of inflatable liferafts and inflatable buoyant 
apparatuses. The occupant weight or `assumed average occupant mass' 
would be revised from the current 75 kg to the new weight standard of 
82.5 kg and would, if the Coast Guard finalizes this proposed rule, 
become effective on January 1, 2012.
    The Coast Guard issues a Certificate of Approval for inflatable 
liferafts and inflatable buoyant apparatuses under the applicable 
subpart in 46 CFR part 160 after successful testing of those appliances 
by their manufacturers. A Certificate of Approval specifies the number 
of occupants (or rated capacity) for which the inflatable liferaft or 
inflatable buoyant apparatus is designed and has been successfully 
tested, and the Certificate must be renewed every 5 years. New testing 
is not required to renew a current Certificate but new approval 
requests require testing before a Certificate can be issued.
Costs
    While this proposed rule would require manufacturers to conduct 
prototype and production tests for inflatable liferafts and inflatable 
buoyant apparatuses manufactured on or after January 1, 2012 using the 
new weight standard, it would limit re-testing of currently approved 
equipment, thus limiting the cost impact of the proposed rule on 
manufacturers. And, as discussed in section V. Discussion of Proposed 
Rule, this proposed rule would not apply to liferafts currently in 
service aboard U.S. vessels, thus no vessel would incur replacement 
costs for liferafts because of this proposed rule. A summary of changes 
to the baseline testing requirements is shown in Table 1.

[[Page 62718]]



                                                               Table 1--Summary of Changes
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                                       Existing equipment (approval prior to January 1, 2012)        New equipment (approval after January 1, 2012)
            Testing type             -------------------------------------------------------------------------------------------------------------------
                                                Testing                      Impacts                      Testing                      Impacts
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                                                           SOLAS Inflatable Liferaft (160.151)
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Prototype testing...................  Manufacturers must obtain a  Units with rated capacity    All tests use the new        Units with rated capacity
                                       new Certificate of           of less than 6 occupants     weight standard to           of less than 6 occupants
                                       Approval certifying rated    are ineligible for SOLAS     establish occupancy rating.  are ineligible for SOLAS
                                       occupancy using the new      service.                    Costs of testing unchanged    service.
                                       weight standard.            Costs of testing unchanged    as nature of the test is
                                       Manufactures may either re-  as nature of the test is     unchanged.
                                       test or have a               unchanged.
                                       certification made using
                                       previous test results
                                       adjusted for the new
                                       weight standard.
                                      Testing costs are
                                       negligible on a unit cost
                                       basis.
Production Testing..................  All tests use the new        Costs of testing unchanged   All tests use the new        Costs of testing unchanged
                                       weight standard to           as nature of the test is     weight standard to           as nature of the test is
                                       establish occupancy rating.  unchanged.                   establish occupancy rating.  unchanged.
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                                                         Non-SOLAS Inflatable Liferaft (160.051)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype testing...................  Existing Certificates of     No cost or benefit as the    All tests use the new        Costs of testing unchanged
                                       Approval may be renewed      use of the new weight        weight standard to           as nature of the test is
                                       without re-testing.          standard is optional.        establish occupancy rating.  unchanged.
Production Testing..................   No cost or benefit. The use of the new weight standard   All tests use the new        Costs of testing unchanged
                                           is optional for equipment manufactured under an       weight standard to           as nature of the test is
                                                   existing Certificate of Approval              establish occupancy rating.  unchanged.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Inflatable Buoyant Apparatus (160.010)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prototype testing...................  Existing Certificates of     No cost or benefit as the    All tests use the new        Costs of testing unchanged
                                       Approval may be renewed      use of the new weight        weight standard to           as nature of the test is
                                       without re-testing.          standard is optional.        establish occupancy rating.  unchanged.
Production Testing..................   No cost or benefit. The use of the new weight standard   All tests use the new        Costs of testing unchanged
                                           is optional for equipment manufactured under an       weight standard to           as nature of the test is
                                                  existing Certificate of Approval.              establish occupancy rating.  unchanged.
--------------------------------------------------------------------------------------------------------------------------------------------------------

SOLAS Inflatable Liferafts (160.151)
    As shown in Table 1, manufacturers of SOLAS inflatable liferafts 
approved under subpart 160.151 (SOLAS liferafts) manufactured on or 
after January 1, 2012 would be allowed the option of either re-testing 
using the new occupant weight standard or requesting certification for 
a lower rated occupancy (adjusted for the new occupant weight standard) 
based on the certification testing submitted for their current 
approval.
    The principal cost impact for manufacturers of SOLAS liferafts will 
be for currently manufactured inflatable liferafts whose rated capacity 
is six using the current 75 kg occupant weight standard. Since SOLAS 
requires that inflatable liferafts have a minimum capacity of six, any 
SOLAS liferaft currently rated for six occupants would have to be re-
tested under the new weight standard and any of these liferafts that 
did not meet the requirements for six occupants at the new weight 
standard could no longer be used on SOLAS vessels.
    Currently, there are 10 manufacturers that produce 109 models of 
SOLAS liferafts. Of these, there are 11 liferaft models (from eight 
manufacturers) whose rated capacity is six (Table 2). These 11 models 
would be required to re-test to maintain their SOLAS certification. 
Three of these eight manufacturers are U.S. firms and they each produce 
one model of inflatable liferaft with a rated occupancy of six 
occupants. Of those three models, one model is designed primarily for 
use in aircraft under a Federal Aviation Administration approval 
number. The three models produced by U.S. firms and the eight models 
manufactured by foreign firms would have to be re-tested in order to 
verify a minimum occupancy rating under the new weight standard to be 
used on SOLAS vessels. From estimates obtained from industry, we 
estimate the costs of re-testing for compliance with the new weight 
standard at approximately $1,800 for each model.
    We estimate the total cost to industry to re-test all current SOLAS 
liferaft models as $19,800--$14,400 for foreign manufacturers and 
$5,400 for U.S.-owned manufacturers.

[[Page 62719]]



                                                                Table 2--SOLAS Liferafts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Total number of
                                                                                   Total number of      models of
                                                                    Number of         models of         liferaft       Cost to re-test    Total cost to
                         Manufacturer                             manufacturers       liferaft      produced with an     each SOLAS          retest
                                                                                      produced      occupancy rating      liferaft
                                                                                                          of 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Foreign owned.................................................                 7               104                 8            $1,800           $14,400
U.S. owned....................................................                 3                 5                 3             1,800             5,400
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................                10               109                11             1,800           $19,800
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Non-SOLAS Inflatable Liferafts (160.051) and Inflatable Buoyant 
Apparatus (160.010)
    As shown in Table 1, manufacturers of domestic service inflatable 
liferafts under subpart 160.051 (domestic service liferafts) and 
inflatable buoyant apparatuses under subpart 160.010 manufactured on or 
after January 1, 2012, under current Certificates of Approval, would 
have the option of using either the old 75 kg or the new 82.5 kg 
occupant weight standard. If a manufacturer of domestic service 
liferafts or a manufacturer of inflatable buoyant apparatuses with 
current Certificates of Approval chooses to use the new weight 
standard, it would also have the option of either re-testing using the 
new occupant weight standard or requesting re-certification for a lower 
number of occupants (adjusted for the new occupant weight standard). 
Manufacturers of domestic inflatable liferafts under subpart 160.051 or 
buoyant apparatuses under 160.010 would be required to use the new 
occupant weight standard only when testing domestic inflatable 
liferafts or buoyant apparatuses approved after January 1, 2012.
    In terms of the cost of the regulation:
    1. While prototype testing for all SOLAS liferafts on or after 
January 1, 2012, would have to employ the new weight standard, there is 
no additional cost in performing the required tests due to the change 
in the testing weight because the nature of the test remains the same.
    2. Production testing of all SOLAS liferafts on or after January 1, 
2012 would require testing using the new weight standard. As with 
prototype testing, there is no additional cost in performing the 
required tests due to the change in the testing weight because the 
nature of the test remains the same.
    3. For production testing of SOLAS liferafts, the manufacturer may 
either request a certification with a lower maximum occupancy based on 
the new weight standard or re-test the equipment for certification of 
its current rated capacity using the new weight standard.
    4. The 11 models (three models made by U.S. manufacturers) of SOLAS 
inflatable liferafts whose current rated capacity is six occupants, 
would have to verify that they meet the minimum SOLAS requirements for 
a capacity of six occupants at the new weight standard if they wish to 
continue their current SOLAS approval status.
    5. For both prototype and production testing of domestic service 
inflatable liferafts and inflatable buoyant apparatuses approved by the 
Coast Guard prior to January 1, 2012, the manufacturer may test under 
either the 75 kg or the 82.5 kg occupant weight standard with no change 
to testing based on the new weight standard.
    6. For prototype and production testing of domestic service 
inflatable liferafts and inflatable buoyant apparatuses approved on or 
after January 1, 2012, the manufacturer must test under the 82.5 kg 
occupant weight standard.
    For inflatable liferafts approved under subpart 160.051 prior to 
January 1, 2012 and inflatable buoyant apparatuses approved under 
subpart 160.010 prior to January 1, 2012, the costs of testing 
equipment at the higher weight standard would be voluntary, as domestic 
liferafts and inflatable buoyant apparatuses may be certified using 
either weight standard. Likewise, equipment manufactured under a 
current Certificate of Approval would only be required to be re-tested 
if the manufacturer elected to retain their current rated capacity for 
their equipment under the higher weight standard. However, 
manufacturers have the option to reduce the current rated capacities of 
their equipment to comply with the new weight standard, provided that 
the resulting capacity does not conflict with the minimum required 
capacity applicable to that equipment.
    Prototype and production testing of all SOLAS liferafts approved 
under subpart 160.151 would be required using the higher 82.5 kg 
occupant weight standard. The Coast Guard has no evidence to suggest 
that testing at the higher weight standard would involve additional 
testing costs for manufacturers because the nature of the test remains 
the same.
Benefits
    The principal benefit of the proposed rule is the protection of 
life at sea by establishing capacity standards for inflatable liferafts 
and inflatable buoyant apparatuses reflecting a global increase in 
mariner weights. Additionally, the proposed rule ensures compliance 
with internationally applicable standards for SOLAS adopted by IMO 
where non-compliance would exclude the use of inflatable liferafts 
manufactured under part 160.151 aboard SOLAS vessels.
    The Coast Guard urges interested parties to submit comments that 
specifically address the economic impacts of this supplemental 
rulemaking. Comments can be made as indicated in the ADDRESSES section.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard has considered whether this proposed 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.
    We have identified three U.S.-owned entities involved in the 
manufacture of SOLAS liferafts manufactured under subpart 160.151. All 
are business entities, and all are small entities. For these three 
small entities, the testing requirements using the new weight standard 
would apply to: prototypes (new designs) submitted after January 1, 
2012; production testing of designs submitted after January 1, 2012; 
and for currently manufactured equipment that manufacturers wish to 
have certified at their current rated occupancy using the new weight 
standards (as opposed to certification with a lower occupant capacity 
based on the higher testing weight). For new prototypes and production 
of products approved after

[[Page 62720]]

January 1, 2012, the Coast Guard has no evidence to suggest that 
testing at the higher weight standard would involve additional costs 
for manufacturers. For manufacturers seeking certification of equipment 
currently approved under subpart 160.151 (SOLAS liferafts), testing to 
verify compliance with the rated capacity at the higher testing weight 
would be voluntary for those whose current rated capacity is above six. 
For manufacturers of these models, there would be the option of testing 
for certification at the new weight standard, or requesting a revised 
approval for a reduced capacity based on the results of previously 
submitted tests. For manufacturers seeking certification of equipment 
currently approved under subpart 160.151 whose rated capacity is six, 
re-testing at the higher occupant weight would be required in order to 
retain their SOLAS approval status since SOLAS inflatable liferafts 
must have a minimum rated capacity of at least six. For the three 
models of liferafts currently approved under subpart 160.151, the cost 
estimates for certification testing, obtained from industry sources, 
are approximately $1,800 per liferaft for a total of $5,400 (3 liferaft 
models x $1,800 testing cost per model).
    For manufacturers of equipment for domestic service only, we have 
identified three entities involved in the manufacture of domestic 
service liferafts and inflatable buoyant apparatus manufactured under 
subparts 160.051 and 160.010, respectively. All are business entities, 
and all are small entities. These entities would not be required to re-
test equipment to retain Coast Guard approval, and could manufacture 
equipment under either weight standard with no affect to the rated 
capacities of their equipment.
    Based on this information, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposed rule would not have a significant economic 
impact on a substantial number of small entities. If you think that 
your business, organization, or governmental jurisdiction qualifies as 
a small entity and that this proposed rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this proposed rule 
would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this proposed rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mr. Kurt Heinz, 
Commercial Regulations and Standards Directorate, Office of Design and 
Engineering Standards, Lifesaving and Fire Safety Division (CG-5214), 
Coast Guard, telephone 202-372-1395, or e-mail [email protected]. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed 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 proposed rule would call 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    The U.S. Supreme Court has long recognized the field preemptive 
impact of the Federal regulatory regime for inspected vessels. See, 
e.g., Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and the 
consolidated cases of United States v. Locke and Intertanko v. Locke, 
529 U.S. 89, 113-116 (2000). Therefore, the Coast Guard's view is that 
regulations issued under the authority of 46 U.S.C. 3306 in the areas 
of design, construction, alteration, repair, operation, 
superstructures, hulls, fittings, equipment, appliances, propulsion 
machinery, auxiliary machinery, boilers, unfired pressure vessels, 
piping, electric installations, accommodations for passengers and crew, 
sailing school instructors, sailing school students, lifesaving 
equipment and its use, firefighting equipment, its use and 
precautionary measures to guard against fire, inspections and tests 
related to these areas and the use of vessel stores and other supplies 
of a dangerous nature have preemptive effect over State regulation in 
these fields, regardless of whether the Coast Guard has issued 
regulations on the subject or not, and regardless of the existence of 
conflict between the State and Coast Guard regulation.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, as these categories are within a field foreclosed 
from regulation by the States (see U.S. v. Locke, above), the Coast 
Guard recognizes the key role state and local governments may have in 
making regulatory determinations. Additionally, Sections 4 and 6 of 
Executive Order 13132 require that for any rules with preemptive 
effect, the Coast Guard will provide elected officials of affected 
state and local governments and their representative national 
organizations the notice and opportunity for appropriate participation 
in any rulemaking proceedings, and to consult with such officials early 
in the rulemaking process. Therefore, we invite affected state and 
local governments and their representative national organizations to 
indicate their desire for participation and consultation in this 
rulemaking process by submitting comments to the docket using one of 
the methods specified under ADDRESSES. In accordance with Executive 
Order 13132, the Coast Guard will provide a federalism impact statement 
to document (1) the extent of the Coast Guard's consultation with State 
and local officials that submit comments to this proposed rule, (2) a 
summary of the nature of any concerns raised by state or local 
governments and the Coast Guard's position thereon, and (3) a statement 
of the extent to which the concerns of State and local officials have 
been met.

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. This proposed rule would not result 
in such an expenditure.

[[Page 62721]]

G. Taking of Private Property

    This proposed rule would not effect 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This proposed 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 proposed rule does not have tribal implications under 
Executive Order 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

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. The Coast Guard has determined 
that it is not a ``significant energy action'' under that order because 
it is not a ``significant regulatory action'' under Executive Order 
12866 and is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through 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 proposed rule uses the following voluntary consensus 
standards:
     International Life-Saving Appliance Code, (IMO Resolution 
MSC.48(66)), as amended by IMO Resolutions MSC.207(81), MSC.218(82), 
MSC.272(85), and MSC.293(87);
     IMO Resolution MSC.81(70), Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82), MSC.274(85), and MSC.295(87).
    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 46 CFR 
160.151-5.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, please send a comment to the 
docket using one of the methods under ADDRESSES. In your comment, 
please explain why you disagree with our analysis and/or identify 
voluntary consensus standards the Coast Guard has not listed that might 
apply.

M. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))

    Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L. 
111-281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and 
Seamen), Chapter 21 (General). New section 2118(a) sets forth 
requirements for standards established for approved equipment required 
on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part 
B (Inspection and Regulation of Vessels). Those standards must be ``(1) 
based on performance using the best available technology that is 
economically achievable; and (2) operationally practical.'' See 46 
U.S.C. 2118(a). This rulemaking addresses lifesaving equipment for 
Coast Guard approval that is required on vessels subject to 46 U.S.C. 
Subtitle II, Part B, and the Coast Guard has ensured this proposed rule 
satisfies the requirements of 46 U.S.C. 2118(a), as necessary.

N. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This proposed rule involves 
regulations which are editorial, regulations concerning equipping of 
vessels, and regulations concerning vessel operation safety standards. 
This proposed rule is categorically excluded under Section 2.B.2, 
Figure 2-1, paragraphs (34)(a) and (d) of the Instruction and under 
paragraph 6(a) of the ``Appendix to National Environmental Policy Act: 
Coast Guard Procedures for Categorical Exclusions, Notice of Final 
Agency Policy'' (67 FR 48243, July 23, 2002). We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 proposes 
to amend 46 CFR part 160 as follows:

PART 160--LIFESAVING EQUIPMENT

    1. The authority citation for part 160 continues to read as 
follows:

    Authority:  46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 160.151--Inflatable Liferafts (SOLAS)

    2. Amend Sec.  160.151-5 by adding paragraphs (d)(5) and (d)(6) to 
read as follows:


Sec.  160.151-5  Incorporation by reference.

* * * * *
    (d) * * *
    (5) Resolution MSC.293(87), Adoption of Amendments to the 
International Life-Saving Appliance (LSA) Code, (May 21, 2010), IBR 
approved for Sec. Sec.  160.151-7, 160.151-15, 160.151-17, 160.151-21, 
160.151-29, and 160.151-33 (``Resolution MSC.293(87)'').
    (6) Resolution MSC.295(87), Adoption of Amendments to the Revised 
Recommendation on Testing of Life-Saving Appliances (Resolution 
MSC.81(70)), (May 21, 2010), IBR approved for Sec. Sec.  160.151-21, 
160.151-27, 160.151-29, 160.151-31, and 160.151-57 (``Resolution 
MSC.295(87)'').
* * * * *

[[Page 62722]]

Sec.  160.151-7  [Amended]

    3. Amend Sec.  160.151-7 by removing the words ``IMO LSA Code'' 
wherever they appear and adding, in their place, the words ``IMO LSA 
Code, as amended by Resolution MSC.293(87),''.


Sec.  160.151-15  [Amended]

    4. Amend Sec.  160.151-15 by removing the words ``IMO LSA Code'' 
wherever they appear and adding, in their place, the words ``IMO LSA 
Code, as amended by Resolution MSC.293(87),''.


Sec.  160.151-17   [Amended]

    5. Amend Sec.  160.151-17 by removing the words ``IMO LSA Code'' 
wherever they appear and adding, in their place, the words ``IMO LSA 
Code, as amended by Resolution MSC.293(87),''.


Sec.  160.151-21   [Amended]

    6. Amend Sec.  160.151-21 as follows:
    a. Remove the words ``IMO LSA Code'' wherever they appear and add, 
in their place, the words ``IMO LSA Code, as amended by Resolution 
MSC.293(87),''; and
    b. In paragraph (f), remove the words ``IMO Revised recommendation 
on testing'' and add, in their place, the words ``IMO Revised 
recommendation on testing, as amended by Resolution MSC.295(87),''.


Sec.  160.151-27  [Amended]

    7. Amend Sec.  160.151-27 by removing the words ``IMO Revised 
recommendation on testing'' wherever they appear and adding, in their 
place, the words ``IMO Revised recommendation on testing, as amended by 
Resolution MSC.295(87),''.


Sec.  160.151-29  [Amended]

    8. Amend Sec.  160.151-29 as follows:
    a. In the introductory text, remove the words ``IMO LSA Code'' and 
add, in their place, the words ``IMO LSA Code, as amended by Resolution 
MSC.293(87),''; and
    b. In the introductory text, remove the words ``IMO Revised 
recommendation on testing'' and add, in their place, the words ``IMO 
Revised recommendation on testing, as amended by Resolution 
MSC.295(87),''.


Sec.  160.151-31  [Amended]

    9. Amend Sec.  160.151-31 by removing the words ``IMO Revised 
recommendation on testing'' wherever they appear and adding, in their 
place, the words ``IMO Revised recommendation on testing, as amended by 
Resolution MSC.295(87),''.


Sec.  160.151-33  [Amended]

    10. Amend Sec.  160.151-33 by removing the words ``IMO LSA Code'' 
wherever they appear and adding, in their place, the words ``IMO LSA 
Code, as amended by Resolution MSC.293(87),''.


Sec.  160.151-57  [Amended]

    11. Amend Sec.  160.151-57 by removing the words ``IMO Revised 
recommendation on testing'' wherever they appear and adding, in their 
place, the words ``IMO Revised recommendation on testing, as amended by 
Resolution MSC.295(87),''.

    Dated: September 22, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-25032 Filed 10-7-11; 8:45 am]
BILLING CODE P