83 FR 41095 - Lifejacket Approval Harmonization
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 160 (August 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 160 (August 17, 2018)
| Page Range | 41095-41096 | |
| FR Document | 2018-17799 |
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)] [Notices] [Pages 41095-41096] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17799] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2018-0565] Lifejacket Approval Harmonization AGENCY: Coast Guard, DHS. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard announces that it is harmonizing personal flotation device (PFD) standards between the United States and Canada by accepting a new standard for approval of PFDs. Specific elements of the new standard are contained in a policy letter and deregulatory savings analysis, on which we are requesting public comment, and are intended to promote the Coast Guard's maritime safety and stewardship missions. DATES: Comments must be submitted to the online docket via http://www.regulations.gov, or reach the Docket Management Facility, on or before October 16, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0565 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: For information about this document call or email Jacqueline Yurkovich, Coast Guard; telephone 202-372- 1389, email [email protected]. SUPPLEMENTARY INFORMATION: Public Participation and Comments We encourage you to submit comments on the lifejacket approval harmonization policy letter entitled, ADOPTION OF ANSI/CAN/UL 12402-5 AND -9, and the deregulatory savings analysis entitled, ``Approval for Personal Floatation Devices/Adoption of ANSI/CAN/UL 12402-5 and 9,'' which are available in the docket. The policy letter is also available on the USCG website, https://www.dco.uscg.mil/CG-ENG, listed as CG-ENG Policy 02-18. We will consider all submissions and may adjust our final action based on your comments. If you submit a comment, please include the docket number for this notice, indicate the specific section of the document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments or other documents are posted. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Discussion The United States Coast Guard (USCG) has statutory authority under Title 46, U.S. Code, Sections 3306(a) and (b), 4102(a) and (b), 4302(a), and 4502(a) and (c)(2)(B) to prescribe regulations for the design, construction, performance, testing, carriage, use, and inspection of lifesaving equipment on commercial and recreational vessels. Since 2008, the USCG has been working closely with Transport Canada (TC) and a diverse group of U.S. and Canadian stakeholders to harmonize PFD standards with the current international standard (ISO 12402) to create a single North American standard for PFD approval. A single North American standard will allow manufacturers the opportunity to produce more innovative equipment that meets the approval requirements of both the United States and Canada. In 2015, Underwriters Laboratories Inc. published bi-national standards \1\ to set forth performance requirements and manufacturing standards for PFDs that are being used when vessels are close to shore, or where a rescue may be imminent. UL 12402-5 sets forth the performance requirements for PFDs and, within UL 12402-5, there are two levels of performance: Level 50 and Level 70. A Level 70 PFD provides an equivalent level of safety to a Type III PFD currently approved under 46 CFR 160.064, 160.076, or 160.077-15, and certified to UL 1123 (Marine Buoyant Devices). A Level 50 PFD provides a reduced level of performance, and is not included in this policy. UL 12402-9 sets forth the test methods for determining compliance with UL 12402-5. --------------------------------------------------------------------------- \1\ ANSI/CAN/UL 12402-5, Standard for Personal Flotation Devices--Part 5: Buoyancy Aids (Level 50)--Safety Requirements (UL 12402-5), and ANSI/CAN/UL 12402-9, Standard for Personal Flotation Devices--Part 9: Test Methods (UL12402-9). --------------------------------------------------------------------------- In April 2017, the USCG and TC signed a Memorandum of Understanding (MOU) outlining intended cooperation for approval of personal lifesaving appliances that comply with mutually acceptable standards, are tested by mutually accepted conformity assessment bodies or independent test laboratories, and are covered by a mutually acceptable follow-up program. In January 2018, TC published a policy stating it will accept UL 12402-5 as a substitute for its PFD standards in support of the MOU. The policy letter on which we are requesting comment builds on the efforts described above by establishing that the USCG will accept Level 70 PFDs complying [[Page 41096]] with UL 12402-5 as equivalent to PFDs meeting the requirements in 46 CFR 160.064 and 160.076, with certain exceptions. The adoption of this policy marks the culmination of over a decade of dedicated work across the lifejacket and recreational boating safety community and supports National Boating Safety Advisory Council Resolution 2009-83-01, which is available in the docket.\2\ This policy also responds to a comment submitted by the Lifejacket Association in response to the Coast Guard's request for public input on ``Evaluation of Existing Coast Guard Regulations, Guidance Documents, Interpretive Documents, and Collections of Information,'' \3\ recommending the Coast Guard consider full adoption of UL 12402-5 and UL 12402-9. In order to provide the maximum benefit to the public with minimum delay, the Coast Guard evaluated which elements of the new standards could be implemented without a change to the regulations. Those elements are being adopted by this policy. The remaining elements of the standards that cannot be adopted without a change to the regulations are being considered for possible future regulatory action. --------------------------------------------------------------------------- \2\ The Resolution requested the U.S. Coast Guard work cooperatively with stakeholders to devise and implement within 3 years an improved regulatory approach to the testing and approval of personal flotation devices, including life jackets. \3\ 82 FR 26632 (June 8, 2017). --------------------------------------------------------------------------- This policy letter allows manufacturers to have their products certified to the new bi-national standard, in lieu of the legacy standards codified in title 46 CFR. This allowance is intended to reduce the burden of maintaining approvals in U.S. and Canadian markets and to make additional types of PFDs available to U.S. and Canadian boaters. This policy does not impact existing PFD approvals, and does not require any action on the part of boaters or mariners who have approved PFDs onboard. An existing approved PFD will continue to meet the same carriage requirements, as long as it remains in good and serviceable condition. The Coast Guard has prepared a Deregulatory Savings Analysis for the policy letter that identifies and examines the potential costs and savings associated with implementing the new standards plan and is available in the docket. We request your comments on any concerns that you may have related to the policy changes. This notice is issued under authority of 5 U.S.C. 552(a). Dated: August 9, 2018. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2018-17799 Filed 8-16-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 41095
(available at https://ntp.niehs.nih.gov/ Docket Management Facility, on or 2005, issue of the Federal Register (70
go/roc14). before October 16, 2018. FR 15086).
Background Information on NTP Peer- ADDRESSES: You may submit comments Discussion
Review Panels: NTP panels are identified by docket number USCG–
technical, scientific advisory bodies The United States Coast Guard
2018–0565 using the Federal
established on an ‘‘as needed’’ basis to (USCG) has statutory authority under
eRulemaking Portal at http://
provide independent scientific peer Title 46, U.S. Code, Sections 3306(a)
www.regulations.gov. See the ‘‘Public
review and advise NTP on agents of and (b), 4102(a) and (b), 4302(a), and
Participation and Comments’’ portion of
public health concern, new/revised 4502(a) and (c)(2)(B) to prescribe
the SUPPLEMENTARY INFORMATION section regulations for the design, construction,
toxicological test methods, or other for further instructions on submitting
issues. These panels help ensure performance, testing, carriage, use, and
comments. inspection of lifesaving equipment on
transparent, unbiased, and scientifically
rigorous input to the program for its use FOR FURTHER INFORMATION CONTACT: For commercial and recreational vessels.
in making credible decisions about information about this document call or Since 2008, the USCG has been working
human hazard, setting research and email Jacqueline Yurkovich, Coast closely with Transport Canada (TC) and
testing priorities, and providing Guard; telephone 202–372–1389, email a diverse group of U.S. and Canadian
information to regulatory agencies about Jacqueline.M.Yurkovich@uscg.mil. stakeholders to harmonize PFD
alternative methods for toxicity SUPPLEMENTARY INFORMATION:
standards with the current international
screening. NTP welcomes nominations standard (ISO 12402) to create a single
of scientific experts for upcoming Public Participation and Comments North American standard for PFD
panels. Scientists interested in serving We encourage you to submit approval. A single North American
on an NTP panel should provide their comments on the lifejacket approval standard will allow manufacturers the
current curriculum vitae to Kate harmonization policy letter entitled, opportunity to produce more innovative
Helmick by email: NTP-Meetings@ ADOPTION OF ANSI/CAN/UL 12402–5 equipment that meets the approval
icf.com. The authority for NTP panels is requirements of both the United States
AND –9, and the deregulatory savings
provided by 42 U.S.C. 217a; section 222 and Canada.
analysis entitled, ‘‘Approval for
In 2015, Underwriters Laboratories
of the Public Health Service Act, as Personal Floatation Devices/Adoption of Inc. published bi-national standards 1 to
amended. The panel is governed by the ANSI/CAN/UL 12402–5 and 9,’’ which set forth performance requirements and
Federal Advisory Committee Act, as are available in the docket. The policy manufacturing standards for PFDs that
amended (5 U.S.C. Appendix 2), which letter is also available on the USCG are being used when vessels are close to
sets forth standards for the formation website, https://www.dco.uscg.mil/CG- shore, or where a rescue may be
and use of advisory committees. ENG, listed as CG–ENG Policy 02–18. imminent. UL 12402–5 sets forth the
Dated: August 8, 2018. We will consider all submissions and performance requirements for PFDs and,
Brian R. Berridge, may adjust our final action based on within UL 12402–5, there are two levels
your comments. If you submit a of performance: Level 50 and Level 70.
Associate Director, National Toxicology
Program. comment, please include the docket A Level 70 PFD provides an equivalent
number for this notice, indicate the level of safety to a Type III PFD
[FR Doc. 2018–17782 Filed 8–16–18; 8:45 am]
specific section of the document to currently approved under 46 CFR
BILLING CODE 4140–01–P
which each comment applies, and 160.064, 160.076, or 160.077–15, and
provide a reason for each suggestion or certified to UL 1123 (Marine Buoyant
recommendation. Devices). A Level 50 PFD provides a
DEPARTMENT OF HOMELAND We encourage you to submit reduced level of performance, and is not
SECURITY comments through the Federal included in this policy. UL 12402–9 sets
eRulemaking Portal at http:// forth the test methods for determining
Coast Guard www.regulations.gov. If your material compliance with UL 12402–5.
cannot be submitted using http:// In April 2017, the USCG and TC
[Docket No. USCG–2018–0565]
www.regulations.gov, contact the person signed a Memorandum of
Lifejacket Approval Harmonization in the FOR FURTHER INFORMATION Understanding (MOU) outlining
CONTACT section of this document for intended cooperation for approval of
Coast Guard, DHS.
AGENCY: alternate instructions. Documents personal lifesaving appliances that
Notice and request for
ACTION: mentioned in this notice, and all public comply with mutually acceptable
comments. comments, are in our online docket at standards, are tested by mutually
http://www.regulations.gov and can be accepted conformity assessment bodies
SUMMARY: The Coast Guard announces viewed by following that website’s or independent test laboratories, and are
that it is harmonizing personal flotation instructions. Additionally, if you go to covered by a mutually acceptable
device (PFD) standards between the the online docket and sign up for email follow-up program. In January 2018, TC
United States and Canada by accepting alerts, you will be notified when published a policy stating it will accept
a new standard for approval of PFDs. comments or other documents are UL 12402–5 as a substitute for its PFD
Specific elements of the new standard posted. standards in support of the MOU. The
are contained in a policy letter and We accept anonymous comments. All policy letter on which we are requesting
deregulatory savings analysis, on which comments received will be posted comment builds on the efforts described
amozie on DSK3GDR082PROD with NOTICES1
we are requesting public comment, and without change to http:// above by establishing that the USCG
are intended to promote the Coast www.regulations.gov and will include will accept Level 70 PFDs complying
Guard’s maritime safety and any personal information you have
stewardship missions. provided. For more about privacy and 1 ANSI/CAN/UL 12402–5, Standard for Personal
Flotation Devices—Part 5: Buoyancy Aids (Level
DATES: Comments must be submitted to the docket, you may review a Privacy 50)—Safety Requirements (UL 12402–5), and ANSI/
the online docket via http:// Act notice regarding the Federal Docket CAN/UL 12402–9, Standard for Personal Flotation
www.regulations.gov, or reach the Management System in the March 24, Devices—Part 9: Test Methods (UL12402–9).
VerDate Sep<11>2014 17:17 Aug 16, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/83_FR_41255/page/1.svg)
![41096 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices
with UL 12402–5 as equivalent to PFDs Dated: August 9, 2018. Written comments to be considered by
meeting the requirements in 46 CFR J.G. Lantz, the committee at the time of the meeting
160.064 and 160.076, with certain Director of Commercial Regulations and must be submitted and received by
exceptions. Standards, U.S. Coast Guard. Friday, September 21, 2018, identified
The adoption of this policy marks the [FR Doc. 2018–17799 Filed 8–16–18; 8:45 am] by Docket ID FEMA–2014–0022, and
culmination of over a decade of BILLING CODE 9110–04–P submitted by one of the following
dedicated work across the lifejacket and methods:
recreational boating safety community • Federal eRulemaking Portal: http://
and supports National Boating Safety DEPARTMENT OF HOMELAND www.regulations.gov. Follow the
Advisory Council Resolution 2009–83– SECURITY instructions for submitting comments.
01, which is available in the docket.2 • Email: Address the email TO:
[Docket ID FEMA–2014–0022]
This policy also responds to a comment FEMA-RULES@fema.dhs.gov and CC:
submitted by the Lifejacket Association Technical Mapping Advisory Council FEMA-TMAC@fema.dhs.gov. Include
in response to the Coast Guard’s request Docket ID FEMA–2014–0022 in the
for public input on ‘‘Evaluation of AGENCY: Federal Emergency subject line of the message. Include
Existing Coast Guard Regulations, Management Agency, DHS. name and contact information in the
Guidance Documents, Interpretive ACTION: Committee Management; Notice body of the email.
Documents, and Collections of of Federal Advisory Committee Meeting. • Mail: Regulatory Affairs Division,
Information,’’ 3 recommending the Coast Office of Chief Counsel, FEMA, 500 C
SUMMARY: The Federal Emergency Street SW, Room 8NE, Washington, DC
Guard consider full adoption of UL
Management Agency (FEMA) Technical 20472–3100.
12402–5 and UL 12402–9. In order to
Mapping Advisory Council (TMAC) will Instructions: All submissions received
provide the maximum benefit to the
meet in person on Tuesday, September must include the words ‘‘Federal
public with minimum delay, the Coast
25, 2018, and Wednesday, September Emergency Management Agency’’ and
Guard evaluated which elements of the
26, 2018, in Reston, Virginia. The the docket number for this action.
new standards could be implemented
meeting will be open to the public. Comments received will be posted
without a change to the regulations.
Those elements are being adopted by DATES: The TMAC will meet on without alteration at http://
this policy. The remaining elements of Tuesday, September 25, 2018, from 8:00 www.regulations.gov, including any
the standards that cannot be adopted a.m.–5:30 p.m. Eastern Daylight Time personal information provided.
without a change to the regulations are (EDT), and Wednesday, September 26, Docket: For docket access to read
being considered for possible future 2018, from 8:00 a.m.–5:30 p.m. EDT. background documents or comments
regulatory action. Please note that the meeting will close received by the TMAC, go to http://
early if the TMAC has completed its www.regulations.gov and search for the
This policy letter allows
business. Docket ID FEMA–2014–0022.
manufacturers to have their products
ADDRESSES: The meeting will be held at A public comment period will be held
certified to the new bi-national
the United States Geological Survey on Tuesday, September 25, 2018, from
standard, in lieu of the legacy standards
(USGS) Headquarters at 12201 Sunrise 4:00 p.m. to 4:30 p.m. EDT and again on
codified in title 46 CFR. This allowance
Valley Drive, Reston, VA 20192. Wednesday, September 26, 2018, from
is intended to reduce the burden of
Members of the public who wish to 11:30 a.m. to 12:00 p.m. EDT. Speakers
maintaining approvals in U.S. and
attend the meeting must register in are requested to limit their comments to
Canadian markets and to make
advance by sending an email to FEMA- no more than three minutes. The public
additional types of PFDs available to
TMAC@fema.dhs.gov (Attention: comment period will not exceed 30
U.S. and Canadian boaters.
Michael Nakagaki) by 11:00 p.m. EDT minutes. Please note that the public
This policy does not impact existing comment period may end before the
PFD approvals, and does not require any on Wednesday, September 19, 2018.
Members of the public must follow time indicated, following the last call
action on the part of boaters or mariners for comments. Contact the individual
who have approved PFDs onboard. An signs for the Visitor’s Entrance on the
U.S. Geological Survey Drive entrance listed below to register as a speaker by
existing approved PFD will continue to close of business on Friday, September
meet the same carriage requirements, as of the USGS; once you pull into the
Visitor’s Entrance, facility security will 21, 2018.
long as it remains in good and FOR FURTHER INFORMATION CONTACT:
serviceable condition. direct you to parking and where to
check in at the front desk of the visitor’s Michael Nakagaki, Designated Federal
The Coast Guard has prepared a Officer for the TMAC, FEMA, 400 C
entrance at the USGS. Photo
Deregulatory Savings Analysis for the Street SW, Washington, DC 20024,
identification is required.
policy letter that identifies and For information on facilities or telephone (202) 212–2148, and email
examines the potential costs and savings services for individuals with disabilities michael.nakagaki@fema.dhs.gov. The
associated with implementing the new or to request special assistance at the TMAC website is: http://www.fema.gov/
standards plan and is available in the meeting, contact the person listed below TMAC.
docket. We request your comments on in the FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: Notice of
any concerns that you may have related CONTACT as soon as possible. this meeting is given under the Federal
to the policy changes. To facilitate public participation, Advisory Committee Act, 5 U.S.C.
This notice is issued under authority members of the public are invited to Appendix.
amozie on DSK3GDR082PROD with NOTICES1
of 5 U.S.C. 552(a). provide written comments on the issues In accordance with the Biggert-Waters
to be considered by the TMAC, as listed Flood Insurance Reform Act of 2012, the
2 The Resolution requested the U.S. Coast Guard
in the SUPPLEMENTARY INFORMATION TMAC makes recommendations to the
work cooperatively with stakeholders to devise and section below. Associated meeting FEMA Administrator on: (1) How to
implement within 3 years an improved regulatory
approach to the testing and approval of personal materials will be available at improve, in a cost-effective manner, the
flotation devices, including life jackets. www.fema.gov/TMAC for review by (a) accuracy, general quality, ease of use,
3 82 FR 26632 (June 8, 2017). Wednesday, September 19, 2018. and distribution and dissemination of
VerDate Sep<11>2014 17:17 Aug 16, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.SGM 17AUN1](https://thefederalregister.org/doc/83_FR_41255/page/2.svg)
Document Created: 2018-08-17 03:24:57
Document Modified: 2018-08-17 03:24:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Comments must be submitted to the online docket via http:// www.regulations.gov, or reach the Docket Management Facility, on or before October 16, 2018. | |
| Contact | For information about this document call or email Jacqueline Yurkovich, Coast Guard; telephone 202-372- 1389, email [email protected] | |
| FR Citation | 83 FR 41095 |
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