
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Rules and Regulations]
[Pages 16512-16522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06733]


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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: Interim rule.

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SUMMARY: The Coast Guard is issuing this 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 we update the table to reflect 
a specific standard.

DATES: This interim rule is effective on June 1, 2018. Comments and 
related material must be submitted to the online docket via http://www.regulations.gov, or reach the Docket Management Facility, on or 
before July 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1012 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
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 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 Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review

[[Page 16513]]

    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
VII. Public Participation and Request for Comments

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
IRFA Initial 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
Sec.  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. It also requires consultation 
with the National Boating Safety Advisory Council (NBSAC).\1\ Although 
this rule is issued pursuant to CGAA and not 46 U.S.C. 4302, it amends 
regulations issued pursuant to section 4302 and the 180-day delay is 
appropriate. The delay provides manufacturers with time to adjust their 
operations to comply with the new standard. We have implemented that 
delay of effective date in this rule.
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    \1\ The 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.
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III. Regulatory History

    We did not publish a notice of proposed rulemaking before this 
interim rule. The Coast Guard finds good cause to forgo prior notice 
and opportunity to comment under 5 U.S.C. 553(b)(B), because section 
308 of CGAA provides the Coast Guard no discretion in adopting the 
specific industry standard for engine weights. The Coast Guard may not 
decline to update the engine weight standards, choose to adopt a 
different standard, or respond to public comments by modifying the 
substance of the rule. Because the Act does not allow for alternatives; 
the Coast Guard may not adopt a different standard or modify the 
substance of the rule in response to public comments. Therefore, it was 
unnecessary and impracticable to provide the public with notice and 
opportunity to comment before publishing this interim rule.
    This rule also relocates the relevant table within the CFR, and 
makes similar administrative changes that have no substantive effect on 
the public. Because these changes do not create or change any rights or 
responsibilities for the public, prior notice and opportunity to 
comment are unnecessary under 5 U.S.C. 553(b)(B). However, the Coast 
Guard is interested in the public's views on these changes.
    In addition, we are delaying the effective date of this rule until 
June 1, 2018, for two reasons: (1) To meet the intent of 46 U.S.C. 
4302(b), as described earlier in this rule, and (2) to align with the 
recreational boat model year so that requirements do not change during 
a model year production run. The delay in effective date allows time 
for a post-publication comment period and for non-substantive changes 
if needed.
    Therefore, even though 5 U.S.C. 553 allows the Coast Guard to forgo 
notice and opportunity for comment prior to issuing this rule, we 
invite public comment on the interim rule. We will not have the 
authority to change the substance of the rule--for example, the 
specific weight standard used--in response to public comment, because 
that requirement is set in statute. However, we invite public comment 
on other aspects of the rule, such as changes we have made to cross-
references, and we may make changes after considering those comments. 
We believe this strikes the best balance between satisfying the 
statute, putting a rule in place soon so that manufacturers can plan 
ahead, and allowing public comment to the extent we are permitted by 
CGAA.

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 has 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.

V. Discussion of 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 Act.
    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. It 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 Act, will require 
more flotation in each new boat, to support the weight of heavier 
engines.
    This rule removes Table 4 and replaces it with a new section in 
subpart E of part 183. That section contains the table of the ABYC S-30 
standard and its corresponding footnotes. We made minor edits to the 
footnotes developed

[[Page 16514]]

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.

VI. 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 titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017). A regulatory 
analysis (RA) follows.
    This RA provides an evaluation of the economic impacts associated 
with this interim rule. The Coast Guard is issuing an interim 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% 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 Interim 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%       10-year: $6,624,488.
 discount rate).               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 interim rule will adopt 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 interim rule. However, small passenger 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 interim rule. 
Because this interim 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 will not be 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 
interim rule on to the consumers. We account for the direct costs to 
manufacturers in this analysis.
    The interim rule will affect 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 part 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

[[Page 16515]]

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.
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    \2\ See Michael Vatalaro, What ``NMMA-Certified'' Really Means, 
BoatUS, Feb. 2014, http://www.boatus.com/magazine/2014/february/what-nnma-certified-means.asp.
    \3\ Id.
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Costs to Industry
    This interim rule will adopt 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 
implementation 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.
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    \4\ The $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.
    \5\ Based 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.
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    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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    \6\ A 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.

                    Table 2--Total Sales and Market Share of Outboard Boats by Material Type
----------------------------------------------------------------------------------------------------------------
                                                                                 Percentage
                                                                                market share     Total outboard
                 Outboard boat by material                   Estimated total   outboard boats    boats less than
                                                                  sales         less than 20     20 feet sold in
                                                                                    feet              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 our 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\
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    \7\ Production forecasts are internal NMMA estimates that were 
provided to the Coast Guard on 9/7/2016.
    \8\ Forecasted 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.

[[Page 16516]]



               Table 3--Forecasted Affected Outboard Boats
------------------------------------------------------------------------
                                         Forecasted         Affected
                                         percentage      outboard boats
                Year                   increase  over     manufactured
                                        previous year       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 interim 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 interim rule.

         Table 4--Ten-Year Projection of Affected Outboard Boats
------------------------------------------------------------------------
                                                               Affected
                            Year                               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 interim rule on an undiscounted basis, and 
discounted at 7 and 3 percent.

                                      Table 5--Total Costs of Interim Rule
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Total, discounted
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $895,800        $837,196        $869,709
2...............................................................         950,450         830,160         895,840
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
                                                                 -----------------------------------------------
    Total.......................................................       9,449,850       6,624,488       8,054,473
Annualized......................................................  ..............         943,178         944,230
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.

The total 10-year undiscounted cost of this interim rule is $9,449,850. 
The total 10-year discounted cost of this interim 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 
interim 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 will create 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

[[Page 16517]]

will improve the buoyancy of these boats, and therefore, improve their 
safety.

B. Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the Coast Guard prepared this Initial Regulatory Flexibility 
Analysis (IRFA) that examines the impacts of the interim rule on small 
entities (5 U.S.C. 601 et seq.). We recognize that an IRFA is not 
required for an interim rule that was not preceded by a general notice 
of proposed rulemaking. We are including an analysis of the interim 
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 not-for-profit organization (any not-for-profit 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.
    An IRFA addresses the following:
    (1) A description of the reasons why action by the agency is being 
considered;
    (2) A succinct statement of the objectives of, and legal basis for, 
the rule;
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the rule will apply;
    (4) A description of the projected reporting, recordkeeping and 
other compliance requirements of the rule, including an estimate of the 
classes of small entities that will be subject to the requirement and 
the type of professional skills necessary for preparation of the report 
or record;
    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap or conflict with the rule; 
and
    (6) A description of any significant alternatives to the rule that 
accomplish the stated objectives of applicable statutes and that 
minimize any significant economic impact of the rule on small entities.
    1. A description of the reasons why action by the agency is being 
considered.
    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 succinct statement of the objective of, and legal basis for, 
the rule.
    Congress has authorized the Coast Guard to prescribe regulations 
establishing minimum safety standards for recreational vessels and 
associated equipment. Section 308 of the CGAA requires the Coast Guard 
to issue regulations updating Table 4 of subpart H in 33 CFR part 183 
with ABYC S-30 not later than 180 days after enactment. This rulemaking 
will adopt the current ABYC S-30 to replace Table 4. The current ABYC 
S-30 is dated July 2012. Table 4 of subpart H applies to monohull 
outboard boats that are less than 20 feet in length, which includes 
recreational vessels as well as some commercial fishing vessels. It 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).
    3. A description of and, where feasible, an estimate of the number 
of small entities to which the rule will apply.
    This interim rule will affect 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 
interim 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 Small Business Administration's (SBA) 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\
---------------------------------------------------------------------------

    \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-for-profit enterprises and which are not 
dominant in their field. See 5 U.S.C. 601(3)-(5).
    \11\ SBA size standards are matched to NAICS, effective February 
26, 2016. See Contracting: Table of Small Business Size Standards, 
Small Business Administration, https://www.sba.gov/content/small-business-size-standards.
---------------------------------------------------------------------------

    Using a random sample of companies out of the total population of 
1,427 affected U.S. companies, we researched 749 companies and found 
company-specific 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.
---------------------------------------------------------------------------

    \12\ Using 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.

       Table 6--Number of Companies and Small Entities Researched
------------------------------------------------------------------------
                                                               Number of
                          Category                             companies
------------------------------------------------------------------------
(a) Sample Size.............................................         749
(b) Without Revenue or Employment Data......................         361
(c ) With Revenue or Employee Data..........................         388

[[Page 16518]]

 
(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
----------------------------------------------------------------------------------------------------------------
                                                        Count of                                     SBA size
               Title                   NAICS Code       companies       SBA size standard type       threshold
----------------------------------------------------------------------------------------------------------------
Boat Building......................          336612             151  Employees..................           1,000
Boat Dealers.......................          441222              56  Revenue....................     $32,500,000
Other Personal and Household Goods           811490              32  Revenue....................      $7,500,000
 Repair and Maintenance.
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          811310               8  Revenue....................      $7,500,000
 and Equipment (except Automotive
 and Electronic) Repair and
 Maintenance.
All Other Miscellaneous                      339999               5  Employees..................             500
 Manufacturing.
Fabricated Structural Metal                  332312               4  Employees..................             500
 Manufacturing.
New Single-family Housing                    236115               3  Revenue....................     $36,500,000
 Construction (Except For-Sale
 Builders).
All Other Plastics Product                   326199               3  Employees..................             750
 Manufacturing.
Sporting and Recreational Goods and          423910               3  Employees..................             100
 Supplies Merchant Wholesalers.
Other Miscellaneous Durable Goods            423990               3  Employees..................             100
 Merchant Wholesalers.
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           333514               2  Employees..................             500
 and Fixture Manufacturing.
Travel Trailer and Camper                    336214               2  Employees..................           1,000
 Manufacturing.
Wholesale Trade Agents and Brokers.          425120               2  Employees..................             100
All Other Miscellaneous Store                453998               2  Revenue....................      $7,500,000
 Retailers (except Tobacco Stores).
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
Commercial and Institutional                 236220               1  Revenue....................     $36,500,000
 Building Construction.
Other Heavy and Civil Engineering            237990               1  Revenue....................     $36,500,000
 Construction.
Plumbing, Heating, and Air-                  238220               1  Revenue....................     $15,000,000
 Conditioning Contractors.
All Other Specialty Trade                    238990               1  Revenue....................     $15,000,000
 Contractors.
Fabric Coating Mills...............          313320               1  Employees..................           1,000
Other Millwork (including Flooring)          321918               1  Employees..................             500
Plastics Material and Resin                  325211               1  Employees..................           1,250
 Manufacturing.
Fertilizer (Mixing Only)                     325314               1  Employees..................             500
 Manufacturing.
All Other Miscellaneous Nonmetallic          327999               1  Employees..................             500
 Mineral Product Manufacturing.
Alumina Refining and Primary                 331313               1  Employees..................           1,000
 Aluminum Production.
Aluminum Sheet, Plate and Foil               331315               1  Employees..................           1,250
 Manufacturing.
Other Aluminum Rolling, Drawing,             331318               1  Employees..................             750
 and Extruding.
Plate Work Manufacturing...........          332313               1  Employees..................             750
Farm Machinery and Equipment                 333111               1  Employees..................           1,250
 Manufacturing.
Overhead Traveling Crane, Hoist and          333923               1  Employees..................           1,250
 Monorail System Manufacturing.
All Other Miscellaneous General              333999               1  Employees..................             500
 Purpose Machinery Manufacturing.
Other Communications Equipment               334290               1  Employees..................             750
 Manufacturing.
Truck Trailer Manufacturing........          336212               1  Employees..................           1,000
Motor Vehicle Steering and                   336330               1  Employees..................           1,000
 Suspension Components (except
 Spring) Manufacturing.
Ship Building and Repairing........          336611               1  Employees..................           1,250
All Other Transportation Equipment           336999               1  Employees..................           1,000
 Manufacturing.
Sporting and Athletic Goods                  339920               1  Employees..................             750
 Manufacturing.
Hobby, Toy and Game Stores.........          451120               1  Revenue....................     $27,500,000
Scenic and Sightseeing                       487210               1  Revenue....................      $7,500,000
 Transportation, Water.
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

[[Page 16519]]

 
Administrative Management and                541611               1  Revenue....................     $15,000,000
 General Management Consulting
 Services.
Other Management Consulting                  541618               1  Revenue....................     $15,000,000
 Services.
All Other Professional, Scientific           541990               1  Revenue....................     $15,000,000
 and Technical Services.
Landscaping Services...............          561730               1  Revenue....................      $7,500,000
All Other Miscellaneous Schools and          611699               1  Revenue....................     $11,000,000
 Instruction.
Emergency and Other Relief Services          624230               1  Revenue....................     $32,500,000
Fitness and Recreational Sports              713940               1  Revenue....................      $7,500,000
 Centers.
RV (Recreational Vehicle) Parks and          721211               1  Revenue....................      $7,500,000
 Campgrounds.
Civic and Social Organizations.....          813410               1  Revenue....................      $7,500,000
----------------------------------------------------------------------------------------------------------------

    Revenue Impacts of the Interim Rule. To determine the impacts of 
the interim rule on small monohull manufacturers, we used information 
on revenues or employee size as available on business directory Web 
sites.\13\
---------------------------------------------------------------------------

    \13\ As indicated by either the revenue or employee data for 
businesses, we use ReferenceUSA (www.referenceusagov.com) and Manta 
(www.manta.com).
---------------------------------------------------------------------------

    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 interim 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 interim rule by year.

                              Table 8--Interim Rule Average Costs per Manufacturer
----------------------------------------------------------------------------------------------------------------
                                                                      Average
                                     Affected      Manufacturers  outboard boats     Cost per      Average cost
             Year(s)              outboard boats      not in        produced by   outboard boats        per
                                                    compliance     manufacturer                    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 
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--Interim Rule Revenue Impacts
------------------------------------------------------------------------
                                           Number of        Percent of
             Impact range                   affected         affected
                                         manufacturers    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%
------------------------------------------------------------------------

    4. 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 requirements 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.

[[Page 16520]]

    5. An identification, to the extent practicable, of all relevant 
Federal rules which may duplicate, overlap or conflict with the rule.
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this interim rule.
    6. A description of any significant alternatives to the rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the rule on small entities.
    This interim 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.
    7. Conclusion.
    We are interested in the potential impacts from this interim rule 
on small businesses and we request public comment on these potential 
impacts. If you think that this interim rule will have a significant 
economic impact on you, your business, or your organization, please 
submit a comment to the docket at the address under ADDRESSES in the 
interim rule. In your comment, explain why, how, and to what degree you 
think this interim rule will have an economic impact on you.

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 regulation 
is issued pursuant to that statute and is preemptive of State law 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. Therefore, the rule is consistent with 
the principles of federalism and preemption requirements in Executive 
Order 13132.
    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, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with implications and 
preemptive effect, Executive Order 13132 specifically directs agencies 
to consult with State and local governments during the rulemaking 
process. If you believe this rule has implications for federalism under 
Executive Order 13132, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section of this preamble.

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'').

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

[[Page 16521]]

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. An 
environmental analysis checklist and a categorical exclusion 
determination supporting this determination are available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This rule involves the safe 
loading capacity and required amount of flotation material for certain 
recreational boats, which concerns equipping of vessels, equipment and 
vessel operation safety standards. As such, this action is 
categorically excluded under section 2.B.2 and figure 2-1, paragraph 
(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).

VII. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this 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 interim rule, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    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).

List of Subjects in 33 CFR Part 183

    Marine safety.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 183 as follows:

PART 183--BOATS AND ASSOCIATED EQUIPMENT

0
1. The authority citation for part 183 is revised to read as follows:

    Authority: 46 U.S.C. 4302; Pub. L. 103-206, 107 Stat. 2439; and 
Department of Homeland Security Delegation No. 0170.1, para. II, 
(92)(b). Subpart E is also authorized by Pub. L. 114-120, 130 Stat. 
27.


Sec.  183.41  [Amended]

0
2. Amend Sec.  183.41 as follows:
0
a. In paragraph (a)(1), remove the text ``from table 4 of subpart H of 
this part'' and add, in its place, the text ``required by Sec.  
183.75''; and
0
b. In paragraph (a)(2)(ii), remove the text ``shown in table 4 of 
subpart H of this part'' and add, in its place, the text ``required by 
Sec.  183.75''.

0
3. Add subpart E to read as follows:

Subpart E--Flotation and Safe Loading Requirements-Outboard Motor 
and Related Equipment Test Weights


Sec.  183.75  Applicability.

    Manufacturers of vessels to which this subpart applies must use 
test weights that are not less than the recommended weights set forth 
in Table 183.75. Table 183.75 details the weight (in pounds) of 
gasoline outboard engines and related equipment for various rated power 
(horsepower) ranges.


            Table 183.75--Weights (In Pounds) of Gasoline Outboard Engines and Related Equipment for Various Rated Power (Horsepower) Ranges
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Single engine installations
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Column number
---------------------------------------------------------------------------------------------------------------------------------------------------------
                        1                              2            3            4            5            6            7            8            9
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Total
                                                                                                                     Battery        Full        weight
         Engine power range (Horsepower)           Dry weight    Running      Swamped     Controls &    Battery       weight      portable     (Sum of
                                                    \1\ \2\     weight \3\   weight \4\  rigging \5\  weight, dry   submerged    fuel tank     columns
                                                                                                                                    \6\        3,5,6,8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.1-2.0.........................................           30           32           27            0            0            0            0           32
2.1-3.9.........................................           42           44           37            0            0            0            0           44
4.0-6.9.........................................           66           69           59            0            0            0           25           94
7.0-10.9........................................          105          110           94            5           20           11           50          185
11.0-22.9.......................................          127          133          113            6           45           25           50          234
23.0-34.9.......................................          187          196          167            9           45           25          100          350
35.0-64.9.......................................          286          300          255           14           45           25          100          459
65.0-94.9.......................................          439          461          392           22           45           25          100          628
95.0-104.9......................................          458          481          409           23           45           25          100          649
105.0-144.9.....................................          526          552          469           26           45           25          100          723
145.0-194.9.....................................          561          589          501           28           45           25          100          762
195.0-209.9.....................................          652          685          582           33           45           25          100          863
210.0-300.0.....................................          699          734          624           35           45           25          100          914

[[Page 16522]]

 
300.1-350.0.....................................          884          928          789           44           45           25          100        1,117
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Dry weight is the manufacturer's published weight for the shortest midsection increased by 10 percent to account for longer midsections and
  additional required hardware usually not included in published weights. This weight is intended to represent the heaviest model in each power
  category. For boats designed with a transom height of 20 inches or less, the weight in Column 2 may be reduced by 10 percent. Recalculate Columns 3,
  4, and 9 as appropriate.
\2\ For diesel outboards, replace the value in Column 2 with the manufacturer's published dry weight + 10 percent.
\3\ Running weight is the dry weight plus fluids (including 2-stroke oil) and the heaviest recommended propeller. Calculated as 5 percent of dry weight.
\4\ Swamped weight is 85 percent of running weight.
\5\ Rigging and controls include engine related hardware required to complete the installation (e.g., controls, cables, hydraulic hoses, steering pumps
  and cylinders). Calculated as 5 percent of dry weight.
\6\ If the boat is equipped with a permanent fuel system and is not intended to use a portable tank, the portable fuel tank weight may be omitted.

Sec.  183.220   [Amended]

0
4. Amend Sec.  183.220 as follows:
0
a. In paragraph (b)(2), remove the text ``shown in Column 6 of Table 
4'' and add, in its place, the text ``shown in Column 9 of Table 
183.75''; and
0
b. In paragraph (d), remove the text ``specified in Columns 2 and 4 of 
Table 4 for the swamped weight of the motor and controls and for the 
submerged weight or'' and add, in its place, the text ``specified in 
Columns 4 and 7 of Table 183.75 for the swamped weight of the motor and 
controls and for the submerged weight of[hairsp]''.


Sec.  183.320  [Amended]

0
5. Amend Sec.  183.320 as follows:
0
a. In paragraph (b)(2), remove the text ``shown in column 6 of Table 
4'' and add, in its place, the text, ``shown in Column 9 of Table 
183.75''; and
0
b. In paragraph (d), remove the text ``specified in Column 2 of Table 
4'' and add, in its place, the text ``specified in Column 4 of Table 
183.75''.

Table 4 to Subpart H of Part 183 [Removed]

0
6. Remove Table 4 to Subpart H of Part 183.

    Dated: March 29, 2017.
V.B. Gifford,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2017-06733 Filed 4-4-17; 8:45 am]
 BILLING CODE 9110-04-P


