[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Rules and Regulations]
[Pages 2482-2492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-433]




[[Page 2481]]

_______________________________________________________________________

Part VI





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Part 25 and 160



Hybrid Inflatable Personal Flotation Devices; Establishment of Approval 
Requirements; Final Rule

  Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules 
and Regulations   
[[Page 2482]]

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 25 and 160

[CGD 78-174]
RIN 2116-AA29


Hybrid PFDs; Establishment of Approval Requirements

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the structural and performance 
standards and procedures for approval of hybrid inflatable personal 
flotation devices (hybrid PFDs). Hybrid PFDs are designed to have a 
minimum amount of inherent flotation to ensure that a wearer will 
surface after falling in the water and to have a mechanism to inflate 
the PFD to provide additional buoyancy, and thereby greater clearance 
from the water, while a wearer awaits rescue. This rule also allows for 
approval of hybrid PFDs for youths and small children. The changes are 
intended to make hybrid PFDs more affordable and attractive to 
recreational boaters by lowering production costs and reducing required 
production testing. It is the Coast Guard's position that increased use 
of hybrid PFDs may save lives.

EFFECTIVE DATE: February 8, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Samuel E. Wehr, Office of Marine 
Safety, Security, and Environmental Protection, (G-MVI-3/14), 2100 
Second St. SW., Washington, DC 20593-0001, (202) 267-1444.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Junior Grade Roger A. Smith and Mr. Samuel E. Wehr, Office 
of Marine Safety, Security, and Environmental Protection and Ms. Helen 
G. Boutrous, Project Counsel, Office of Chief Counsel.

Regulatory History

    On January 18, 1994, the Coast Guard published a supplemental 
notice of proposed rulemaking (SNPRM) entitled Hybrid PFDs; 
Establishment of Approval Requirements in the Federal Register (59 FR 
2578). On February 16, 1994, the Coast Guard published a correction to 
the supplemental notice of proposed rulemaking in the Federal Register 
(59 FR 7668). The Coast Guard received three letters commenting on the 
SNPRM. No public hearing was requested, and none was held.

Background and Purpose

    On August 22, 1985 the Coast Guard published an interim final rule 
(IFR) in the Federal Register (50 FR 33923) which established 
structural and performance standards and procedures for approval of 
hybrid inflatable personal flotation devices (PFD). That IFR allowed 
for the approval of several hybrid PFDs but not enough devices were 
made and sold to make a significant difference in the number of lives 
saved by this superior performing and more comfortable PFD. On January 
18, 1994, the Coast Guard published a supplemental notice of proposed 
rulemaking (SNPRM) in the Federal Register (59 FR 2575) proposing 
changes to make hybrid PFDs more affordable and a procedure for the 
approval of hybrid PFDs for youths and small children. This final rule 
adopts those proposed changes. The provisions adopted by this rule 
will: Lower production costs by reducing the amount of repetitive 
testing required; reduce manufacturing costs for commercial devices by 
providing for single chamber construction; and increase buoyancy of 
hybrid PFDs. With these revisions, the Coast Guard intends to increase 
use of hybrid PFDs to potentially save more lives.

Discussion of Comments and Changes

    The three letters commenting on the SNPRM were received from an 
interested individual, a PFD manufacturer, and Underwriters 
Laboratories, Inc. (UL). The individual that commented encouraged 
approval of hybrid PFDs for use by adults and children. The letter 
stated that a more comfortable and attractive flotation device will be 
worn more often than the current bulky, but effective, PFD Types and 
that this increase in use can only be beneficial to the boating public 
in creating a safer boating environment. The Coast Guard agrees with 
this comment. The other two comments raised many issues regarding the 
approval of hybrid PFDs. These issues are discussed below.

Manufacturer's Comments

    1. The PFD manufacturer confirmed that sales of hybrid PFDs have 
been limited due to their relatively high cost and the requirement that 
they be worn to fulfill carriage requirements. The PFD manufacturer 
asserted that the value of hybrids will be further eroded by the 
anticipated approval of fully inflatable PFDs, particularly if 
inflatable products are not required to be worn to fulfill carriage 
requirements.
    The Coast Guard agrees in part. The use of hybrid PFDs has been 
limited due to high prices as a result of high production costs, and 
the requirement that they be worn to fulfill carriage requirements. The 
intent of the revisions adopted by this final rule is to make hybrid 
PFDs a more viable option by reducing production costs and removing the 
requirement that hybrid PFDs be worn and marked ``REQUIRED TO BE WORN'' 
to satisfy carriage requirements. However, the Coast Guard does not 
agree that future approval of inflatable PFDs would necessarily erode 
the value and use of hybrid PFDs. Inflatable PFDs are not proposed to 
be approved for children in the near future and a totally inflatable 
device may cost much more than an equivalent type of hybrid PFD. 
Therefore, it is the Coast Guard's position that there will be a market 
for hybrid PFDs despite any possible future action to approve 
inflatable PFDs.
    2. The PFD manufacturer asserted that the proposal to increase the 
inherent buoyancy minimum from 33 N to 40 N (7.5 lb to 9.0 lb), for an 
adult recreational hybrid device would be counter to the purpose for 
which these devices are purchased, which is to have PFDs that are less 
bulky than inherently buoyant products. However, the minimum inherent 
buoyancy for an adult recreational Type II hybrid PFD, as proposed in 
the SNPRM and adopted without change by this final rule, is 45 N (10 
lb), rather than 40 N (9 lb) as stated by the comment. The lowest 
buoyancy of a non-hybrid, adult device is 70 N (15.5 lb).
    This final rule allows for the carriage of Type I, II, and III 
hybrid PFDs without restriction. The increased buoyancies for adult and 
youth Type I PFDs and adult, youth, and small child Type II and III 
recreational hybrid PFDs are based on the minimum level of safety 
required when boaters are not alerted to special precautions to 
compensate for reduced inherent flotation. This issue is discussed 
further in paragraph number 4.
    While the increase from 33 N to 45 N may not be desirable to some 
boaters the [[Page 2483]] Coast Guard is not increasing the amount of 
buoyancy for adult recreational hybrid Type V PFDs. Thus the presently 
approved recreational hybrid PFDs with a minimum buoyancy of 33 N (7.5 
lb) will still be an available option. Under this rulemaking, these 
devices can maintain their 33 N minimum inherent buoyancy and remain 
approved as Type V--``REQUIRED TO BE WORN.''
    3. The PFD manufacturer also asserted that one of the currently 
approved hybrid devices has proven to be a reliable lifesaving device, 
and that therefore, the currently approved device should be acceptable 
as a Type II hybrid. In addition, the device should no longer be 
``REQUIRED TO BE WORN.''
    The Coast Guard does not object to reclassifying an approved 
device's Type. However, limited retesting must be conducted to 
demonstrate that all of the necessary criteria have been met. To 
qualify for limited testing, the minimum deflated and inflated 
buoyancies must meet those given in Table Sec. 160.077-15(b)(13) and 
buoyancy distribution must remain the same as when the device was 
originally tested.

UL's Comments

    4. UL asserted that the Coast Guard NPRM justified its proposal to 
increase the buoyancy standards by stating that the proposed standard 
would be closer to the buoyancy requirements of the International 
Standards Organization (ISO). UL then stated that the proposed Coast 
Guard standard is nearly twice as stringent as the ISO standards which 
UL cited as 50 N (11.1 lb) of buoyancy for inherently buoyant, fully 
inflatable, and inflated hybrid PFDs.
    Although there are no ISO standards at present, the European 
Committee for Standardization (CEN) standards have been proposed for 
ISO discussion. The Coast Guard assumes the comment refers to the CEN 
standards. The CEN standards are for voluntary carriage and use, and 
are intended for selective use according to local conditions. The CEN 
standards assume that an inflatable PFD and the inflatable portion of a 
hybrid PFD will work. However, a study by Boat/U.S. Foundation for 
Boating Safety, a non-profit organization for boating safety, education 
and research, demonstrates that there is a nearly 20% failure rate on 
inflatable PFDs due to boaters not rearming the inflation mechanisms or 
the malfunctioning of the inflation mechanisms. A copy of this study is 
available in the rulemaking docket. Under this final rule, Type I, II, 
and III hybrid PFDs may be carried to meet PFD carriage requirements 
without restriction. To ensure a sufficient level of safety without 
including a carriage restriction, the required level of inherent 
buoyancy is based on the performance provided by the PFD if the 
inflatable portion of the PFD were to fail or if the user is not able 
to inflate the PFD. The Coast Guard selected the minimum buoyancy that 
would provide the safety necessary for authorizing unrestricted use of 
hybrid PFDs, while maintaining the attractiveness of hybrid PFDs that 
the Coast Guard hopes will lead to wider PFD use.
    5. UL stated that it would be impossible to make the insert pad 
covers for the reference vests to meet the requirements of 
Sec. 160.077-2(j) without adversely affecting the performance or 
comfort of the devices and that the revisions do not allow for changes 
in the collar buoyant inserts or fabric patterns.
    The Coast Guard agrees that changes are needed regarding the collar 
buoyant inserts and back/collar fabric envelope. Accordingly, the final 
rule is revised to allow the collar inserts and fabric envelopes to be 
enlarged to accommodate the required youth and child-size device 
buoyancies. In Sec. 160.077-2(j), the SNPRM proposed to require higher 
kapok weights and displacements than prescribed by existing 
Sec. 160.047-1(b) for both front and back inserts. It also proposed to 
allow the front pad insert coverings to be larger than the dimensions 
prescribed by existing Sec. 160.047-1(b). Allowances for outer fabric 
envelope changes to make the fronts larger also were addressed in the 
SNPRM. Although it proposed to require higher back volume 
displacements, the SNPRM neglected to allow a commensurately larger 
back outer fabric envelope specification to allow for an increased back 
insert pad size. Accordingly, this final rule adopts changes to both 
the front and back fabric envelope requirements to correct this error.
    The Coast Guard has in fact constructed vests meeting the 
requirements in this rule using inserts meeting the kapok weight and 
volume displacement values given in Sec. 160.077-2(j). During 
performance tests conducted at UL, using these prototype reference 
vests made with envelopes modified as allowed in Sec. 160.077-2(j) of 
this rule, superior results were obtained compared to existing standard 
designs. In these tests, foam inserts of the same general shape were 
tested with similar results, and therefore this final rule adopts a 
modification to Sec. 160.077-2(j) from that proposed in the SNPRM to 
permit foam inserts as an option to kapok inserts.
    6. UL also indicates that there are some inconsistencies between 
the buoyancies of the new small child reference vests compared to the 
existing standard child life preserver design.
    The Coast Guard acknowledges the difference between the required 
buoyancy of the small child reference vest and the standard child life 
preserver and has determined that these differences are unavoidable. Of 
the four new reference vests adopted, three have equal or greater 
buoyancy than those presently required. Only the new small child, Type 
I reference vest has less buoyancy. The Coast Guard has recognized that 
the smaller size and disproportionate anatomy of the intended users 
results in marginal performance of the existing subpart 160.002 vest on 
small children. Even though its overall buoyancy is less, tests have 
demonstrated that, as a result of its distribution, the new reference 
vest is far superior to the subpart 160.002 vest.
    To obtain buoyancy distributions similar to the requirements of 
Sec. 160.47-4(c)(2) for youths, and the reference vests for the small 
child-size PFDs, this final rule adopts modifications to the 
displacements (buoyancies) proposed in Table 160.077-2(j) by the SNPRM. 
The changes in the front and back insert displacements result in a 
total displacement decrease for the small child Type II reference vest 
of 1 N (.25 lb) and an increase for both youth-size devices of 4.5 N (1 
lb) total.
    7. UL also suggested that existing reference vests constructed 
directly in accordance with published Coast Guard regulations should be 
used rather than inventing new, unproven designs as proposed in the 
SNPRM. UL supports its suggestion by noting that the proposed new 
reference vests have not been manufactured and consequently have not 
been subjected to preliminary tests to determine if they provide the 
level of performance warranted for hybrid PFDs.
    The Coast Guard's objective in approving hybrid PFDs with increased 
buoyancy is to provide boaters with the option of choosing PFDs that 
perform at an enhanced level. While the performance provided by 
existing child-size vests described in subparts 160.002 and 160.047-
4(c)(2) is adequate, they do not perform to the enhanced level of 
inflated hybrid PFDs described by this final rule.
    As discussed above in paragraph 5, using these prototype reference 
vests, made with envelopes modified as allowed in Sec. 160.077-2(j) of 
this rule, superior results were obtained during performance tests 
conducted at UL. [[Page 2484]] 
    8. In addition, UL suggested that the Coast Guard abandon the use 
of reference vests and establish performance based requirements for all 
the Types and sizes of PFDs.
    Except for the very highest performing PFDs (Type I PFDs) this 
suggestion would require that the characteristics of the test subjects 
be more precisely controlled, so that one design is not subjected to a 
less rigorous test than another because of an ``easier'' subject pool. 
When the necessary subject specifications are developed or a suitable 
manikin and analytical methods available, the Coast Guard will consider 
revising the regulations to either allow direct performance testing as 
an alternative or as the sole means of approval testing for these 
devices.
    However, as a result of this comment, the Coast Guard is 
eliminating the new adult Type I reference vest. Compared to lower 
performing devices, testing for Type I PFD performance is not as 
dependent on the characteristics of the subject pool. Where all 
subjects are required to be turned face up, as with Type I PFDs, test 
subject differences from one test to another have made little 
difference in performance. Therefore, the Coast Guard has determined 
that it is appropriate to eliminate the new adult Type I reference 
vest. This issue is discussed further in paragraph 12.
    9. Alternatively, UL suggested selecting a single reference vest 
(for each size), such as the Type I specified by subpart 160.002 and 
establishing a reduced level of requirements in comparison to it for 
Type II, III or V performance. It was suggested that adoption of this 
recommendation would make it easier to approve candidate devices which 
fell short of the criteria for one type but met the criteria of the 
next lower type. For example, if a candidate device fails the Type I 
criteria during testing, but meets the Type II criteria, it could be 
rated a Type II device without further testing.
    The Coast Guard disagrees with this recommendation based on the 
lack of a suitable, existing reference vest for either the youth or 
child small sizes as demonstrated by the test results discussed above 
in paragraph 5.
    10. UL also suggested eliminating Youth Type I Hybrids, asserting 
that manufacturers would not go through the expense of producing a 
hybrid that is required to have the same amount of inherent buoyancy as 
a child size Type I currently approved under subpart 160.055.
    The Coast Guard does not adopt this suggestion. Although there may 
not be a demand for hybrids at this time, it is foreseeable that future 
markets may demand such performance for youth devices when adult 
inflatable devices, with equivalent performance, come into wide use. 
These regulations will provide specifications for future markets.
    11. UL asserted that details of the testing procedures for youth 
and small child size devices were missing from the regulations.
    In this final rule, the Coast Guard incorporates UL standard 1517, 
which provides testing procedures for adult devices, by reference, and 
adds provisions in Sec. 160.077-21(c) which allow for the testing 
procedures of UL standard 1517 to be used for youth and small child 
size devices. The procedures require that each candidate device and the 
appropriate size reference vest be tested using the same procedures as 
an adult candidate device and reference vest to ensure that the 
candidate provides as good or better performance than the reference. As 
a result of the possible confusion noted by the comment, Sec. 160.077-
21(c)(1), (2), (4)(i), and (4)(ii) are revised and Sec. 160.077-
21(c)(5) is added to clarify that the test procedure of UL 1517 is to 
be performed using the reference vests specified by this rule.
    12. UL recommended the elimination of the recreational Type I 
category, noting that the only difference between the proposed 
recreational and commercial Type I Hybrid PFDs is body strength.
    The Coast Guard agrees with this comment. In the SNPRM, the 
required body strength for recreational Type I Hybrid PFDs was 2,000 N 
(450 lb) as opposed to 3,200 N (720 lb) for commercial Type I hybrid 
PFDs. The final rule eliminates the recreational Type I category and 
allows for the use of one body strap of 3,200 N or two body straps of 
2,000 N on a commercial Type I hybrid PFD whether the PFD is used for 
recreational or commercial purposes.
    With the elimination of the recreational Type I category and the 
Type I reference vest as discussed in paragraph 8, the Coast Guard had 
to determine appropriate performance requirements for Type I hybrid 
PFDs. The Coast Guard determined that application of the more stringent 
requirements in Sec. 160.176-13(d) (2) through (5) for Type I in-water 
performance is appropriate for adult Type I devices. This final rule 
does not change the in-water performance requirements from those 
proposed in the SNPRM for youth and small child-size devices. However, 
as discussed in paragraph 11, revisions were made to clarify the 
testing procedures.
    In order to implement these changes, conforming revisions have been 
made as discussed below. As a result of eliminating the Recreational 
Type I hybrid PFD, the proposed regulatory text at Sec. 160.077-
15(b)(13) is deleted and proposed Sec. 160.077-15(b)(14) and (15) are 
renumbered accordingly. A new Sec. 160.077-17(b)(9) is added to ensure 
that the body strap(s) on Type I hybrid PFDs meet minimum strength 
requirements. Proposed Sec. 160.077-17(b)(9) and (10) are renumbered 
accordingly. Section 160.077-21(c)(4) is revised to specify the test 
procedures for adult-size Type I and V hybrid PFDs and Sec. 160.077-
21(c)(5) is added to specify test procedures for the youth and child-
size hybrid PFDs, using the reference vests adopted in this rule. 
Sections Sec. 160.077-29(b) and (f)(2) are revised to require that Type 
I PFDs intended for recreational use meet the requirements of 
Sec. 160.077-29(c). The statement ``A pamphlet and owner's manual must 
be provided with this PFD'' is added to the text of Sec. 160.077-31(d). 
Section 160.077-31(j)(1) is revised to show that a commercial hybrid 
Type I PFD can be used on all recreational boats, as well as 
uninspected commercial vessels to meet carriage requirements. The 
following sections are revised to remove references to Type I 
recreational PFDs: Tables 160.077-2(j) and redesignated Table 160.077-
15(b)(13), Section 160.077-15(a)(2)(ii), Sec. 160.077-27(e), 
Sec. 160.077-29(b), (c), (e) and (f)(2), and Sec. 160.077-31(c). 
Section 160.077-21(d)(3)(i) is changed to indicate that all Type I 
adult hybrid PFDs must provide 100 mm (4 inches) of freeboard. Section 
160.077-13, Sec. 160.077-17, Table 160.077-17(b)(10), Sec. 160.077-21, 
and Sec. 160.077-31(d) and (k) are modified to include Type I PFDs 
intended for recreational use.
    In making these revisions, the Coast Guard noted that the SNPRM 
inadvertently applied the Inflated Flotation Stability Tests in UL 
1517, section S8 to Type I devices. This final rule clarifies that the 
tests apply to commercial Type V devices only.
    13. UL stated that the final rule should not be adopted because the 
Flotation Stability Tests from UL 1517 have not yet been proposed.
    The SNPRM proposed adopting changes made by UL to UL 1517 if those 
changes were made in a timely manner. These changes have not yet been 
made. The Coast Guard has elected to go forward with the final rule. As 
discussed in paragraph 11, the Coast Guard has adopted a provision 
which utilizes the Type II and III Flotation Stability Tests in UL 
1517, section 15 [[Page 2485]] with procedures to be followed when 
conducting the test with children. As discussed in paragraph number 12 
above, for commercial Type I Hybrid PFDs, the Inflated Flotation 
Stability Tests in UL 1517, section S8, are no longer required.
    14. Finally, UL suggested that Sec. 160.077-31 be revised to 
reflect the requirements proposed in UL's bulletin dated October 7, 
1994, regarding standardized PFD labels. The Coast Guard agrees with 
this suggestion and has revised the label text to more closely resemble 
the label criteria proposed by UL.

Editorial and Clarifying Changes

    Sections 160.077-19(b)(6)(i), 160.077-27(e)(3) and (f)(2) under the 
text describing a Type V hybrid, 160.077-27(f)(3), and 160.077-
29(c)(10) are revised to reflect the redesignation of Table 160.077-
15(b)(13). Other sections were revised to add detail or clarification. 
The terminology in the required pamphlet text of Sec. 160.077-27 is 
simplified. Also, Sec. 160.077-27 is shortened by combining paragraphs 
(e) and (f) which contained the same pamphlet text.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of costs and benefits under section 6(a)(3) of that order. 
It has not been reviewed by the Office of Management and Budget under 
that order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979). A regulatory evaluation was originally placed in 
the rulemaking docket in 1985, reviewed in May 1991 with regard to 
inflatable lifejackets, and reconsidered in April 1993, concerning 
hybrid PFDs in association with the SNPRM for this rule. The regulatory 
evaluation, despite the lapse of time, is still accurate.
    The total approval costs per design are expected to be 
approximately $12,000 for hybrid inflatable PFDs. Costs to approve 
other types of PFDs are approximately $6,000. The additional cost to 
approve hybrid PFDs could easily be absorbed in the cost of the units 
produced. The cost increase per device would be small considering the 
number of devices produced under authorization of each approval 
certificate. The Coast Guard anticipates that, within the first year 
after issuing this final rule, one or two designs will be approved.
    Production inspection costs imposed by these regulations will be 
approximately $1,000 for the largest size lot of inflatable PFDs 
permitted. This cost is similar to that incurred for other types of 
approved PFDs.
    The retail cost, per device, is expected to be $80-$200 for hybrid 
PFDs. Currently approved PFDs range in price from $7-$200. Type I 
devices that could be replaced by hybrid PFDs have an average cost of 
about $40.

Small Entities

    There were no comments on this section. Hybrid PFDs are approved as 
an option to existing approved devices. This final rule will result in 
no increased costs. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
section numbers and the corresponding OMB approval numbers are:

------------------------------------------------------------------------
                                                             OMB control
                   Paperwork requirements                        No.    
------------------------------------------------------------------------
a. Sec. 160.077-6..........................................    2115-0141
b. Sec. 160.077-7..........................................    2115-0141
c. Sec. 160.077-11.........................................    2115-0141
d. Sec. 160.077-25.........................................    2115-0141
f. Sec. 160.077-29.........................................    2115-0576
g. Sec. 160.077-31.........................................    2115-0577
------------------------------------------------------------------------

Federalism

    The Coast Guard has analyzed this final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
This rulemaking revises established safety standards for hybrid 
inflatable personal flotation devices (PFDs). The authority to 
establish regulations for PFDs is committed to the Coast Guard by 
statute. Furthermore, since PFDs are manufactured and used in the 
national marketplace, safety standards for PFDs should be of national 
scope to avoid unreasonably burdensome variances. Therefore, the Coast 
Guard intends this final rule to preempt State action addressing the 
same subject matter. There were no comments on this section.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under section 2.B.2. of Commandant Instruction 
M16475.1B, this final rule is categorically excluded from further 
environmental documentation. This final rule is expected to have no 
significant effect on the environment. A Categorical Exclusion 
Determination statement has been prepared and has been placed in the 
rulemaking docket. There were no comments on this section.

List of Subjects

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 160

    Marine safety, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR parts 25 and 160 as follows:

PART 25--REQUIREMENTS

    1. The authority citation for part 25 is revised to read as 
follows:

    Authority: 33 U.S.C. 1903(b), 46 U.S.C. 3306, and 4302; 49 CFR 
1.46.

Subpart 25.25--Life Preservers and Other Lifesaving Equipment

    2. In Sec. 25.25-5, paragraph (f) is revised to read as follows:


Sec. 25.25-5  Life preservers and other lifesaving equipment required.

* * * * *
    (f) On each vessel, regardless of length and regardless of whether 
carrying passengers for hire, an approved commercial hybrid PFD may be 
substituted for a life preserver, buoyant vest, or marine buoyant 
device required under paragraphs (b) or (c) of this section if it is--
    (1) Used in accordance with the conditions marked on the PFD and in 
the owner's manual;
    (2) Labeled for use on commercial vessels; and
    (3) In the case of a Type V commercial hybrid PFD, worn when the 
vessel is underway and the intended wearer is not within an enclosed 
space.

PART 160--LIFESAVING EQUIPMENT

    3. The authority citation for part 160 is revised to read as 
follows:


[[Page 2486]]

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

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

    4. In Sec. 160.077-1, paragraphs (b), (c) introductory text, and 
(d) are revised to read as follows:


Sec. 160.077-1  Scope.

* * * * *
    (b) Under this chapter and 33 CFR part 175, certain commercial 
vessels and recreational boats may carry Type I, II, or III hybrid PFDs 
to meet carriage requirements. Type V hybrid PFDs may be substituted 
for other required PFDs if they are worn under conditions prescribed in 
their manual as required by Sec. 160.077-29 and on their marking as 
prescribed in Sec. 160.077-31. For recreational boats or boaters 
involved in a special activity, hybrid PFD approval may also be limited 
to that activity.
    (c) Unless approved as a Type I SOLAS Lifejacket, a hybrid PFD on 
an inspected commercial vessel will be approved only--
* * * * *
    (d) A hybrid PFD may be approved for adults, weighing over 40 kg 
(90 lb); youths, weighing 23-40 kg (50-90 lb); small children, weighing 
14-23 kg (30-50 lb); or for the size range of persons for which the 
design has been tested, as indicated on the PFD's label.
* * * * *
    5. Section 160.077-3 is redesignated as Sec. 160.077-2, and in 
newly redesignated Sec. 160.077-2, paragraphs (a), (h), and (j) are 
revised, and paragraph (l) is added to read as follows.


Sec. 160.077-2  Definitions

* * * * *
    (a) Commandant means the Chief of the Survival Systems Branch, U.S. 
Coast Guard, Office of Marine Safety, Security and Environmental 
Protection. Address: Commandant (G-MVI-3/14), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
* * * * *
    (h) Recreational hybrid PFD means a hybrid PFD approved for use on 
a recreational boat as defined in 33 CFR 175.3.
* * * * *
    (j) Reference vest means a model AK-1, adult PFD; model CKM-1, 
child medium PFD; or model CKS-2, child small PFD, meeting the 
requirements of subpart 160.047 of this chapter, except that, in lieu 
of the weight and displacement values prescribed in Tables 160.047-
4(c)(2) and 160.047-4(c)(4), each insert must have the minimum weight 
of kapok and displacement as shown in Table 160.077-2(j). To achieve 
the specified volume displacement, front and back insert pad coverings 
may be larger than the dimensions prescribed by Sec. 160.047-1(b) and 
the width of the front fabric envelope and height of the back fabric 
envelope may be increased to accommodate a circumference no greater 
than 1/4'' larger than the filled insert circumference. As an 
alternative, unicellular plastic foam inserts of the specified 
displacement and of an equivalent shape, as accepted by the Commandant, 
may be substituted for kapok inserts.

                                    Table 160.077-2(j).--Reference Vest Minimum Kapok Weight and Volume Displacement                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Front insert (2 each)                                Back insert                
                                                         -----------------------------------------------------------------------------------------------
                   Reference PFD type                        Minimum kapok                                     Minimum kapok      Volume displacement N 
                                                             weight g (oz)     Volume displacement N (lb)      weight g (oz)              (lb)          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Devices for adults, weight over 40 kg (90 lb):                                                                                                          
    Type II, III, and V Recreational....................  234 (8.25)........  401 (9.01         
                                                                               minus>0.25)                                       (6.00.25)  
Devices for youths, weighing 23-40 kg (50-90 lb):                                                                                                       
    Type I..............................................  184 (6.5).........  311 (7.01         
                                                                               minus>0.25)                                       (6.50.25)  
    Type II, III, and V\1\..............................  156 (5.5).........  261 (5.751         
                                                                               minus>0.25)                                       (5.50.l25) 
Devices for small children, weighing 14-23 kg (30-50                                                                                                    
 lb):                                                                                                                                                   
    Type I..............................................  128 (4.5).........  211 (4.751         
                                                                               minus>0.25)                                       (6.50.25)  
    Type II.............................................  100 (3.5).........  171 (3.751         
                                                                               minus>0.25)                                       (5.00.25)  
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Both Recreational and Commercial.                                                                                                                    

* * * * *
    (l) SOLAS lifejacket, in the case of a hybrid inflatable PFD, means 
a PFD approved as meeting the requirements for lifejackets in the 1983 
Amendments to the International Convention for the Safety of Life at 
Sea, 1974 (SOLAS 74/83), in addition to the requirements of this 
subpart.
    6. Section 160.077-5 is redesignated as Sec. 160.077-3 and in newly 
redesignated Sec. 160.077-3 paragraphs (a), (c)(1), and (c)(2) are 
revised to read as follows:


Sec. 160.077-3  Required to be worn.

    (a) A Type V hybrid PFD may be used to meet the Coast Guard PFD 
carriage requirements of subpart 25.25 of this chapter, and 33 CFR part 
175, only if the PFD is used in accordance with any requirements on the 
approval label. PFDs marked ``REQUIRED TO BE WORN'' must be worn 
whenever the vessel is underway and the intended wearer is not within 
an enclosed space.
* * * * *
    (c) * * *
    (1) Each Type V recreational hybrid PFD.
    (2) Each Type V commercial hybrid PFD.
    7. Section 160.077-7 is redesignated as Sec. 160.077-4 and is 
revised to read as follows:


Sec. 160.077-4  Type.

    (a) A hybrid PFD that successfully passes all applicable tests may 
be approved as a Type I, II, III, or V for various size ranges of 
persons weighing over 23 kg (50 lb), as Type I or II for persons 
weighing 14-23 kg (30-50 lb) or as Type I or II for other sizes. A Type 
V PFD has limitations on its approval.
    (b) The approval tests in this subpart require each Type V hybrid 
PFD to have at least the same performance as a Type I, II, or III PFD 
for adult and youth sizes or Type I or II PFD for child sizes.
    (c) A hybrid PFD may be approved for use on recreational boats, 
commercial vessels or both if the applicable requirements are met.


Sec. 160.077-9  [Redesignated]

    8. Section 160.077-9 is redesignated as Sec. 160.077-5.
    9. Section 160.077-11 is amended by revising paragraph (b)(1)(iii) 
and the heading of paragraph (j) to read as follows: [[Page 2487]] 


Sec. 160.077-11  Materials--Recreational Hybrid PFD.

* * * * *
    (b) * * *
    (1) * * *
    (iii) UL 1191 and having a V factor of 89 except that foam with a 
lower V factor may be used if it provides buoyancy which, after a 
normal service life, is at least equal to that of a PFD made with 
material having a V factor of 89 and the required minimum inherent 
buoyancy when new; or
* * * * *
    (j) Kapok pad covering. * * *
* * * * *
    10. In Sec. 160.077-13, the heading is revised, and paragraph (d) 
is removed to read as follows:


Sec. 160.077-13  Materials--Type I and Commercial Hybrid PFD.

* * * * *
    11. In Sec. 160.077-15, the heading is revised, paragraphs 
(a)(2)(ii), (b)(3), (c)(2)(ii), and (d)(3) are revised; (b) (13) is 
redesignated as (b)(14) and revised; and a new paragraph (b)(13) and 
Table 160.077-15(b)(13) are added to read as follows:


Sec. 160.077-15  Construction and Performance--Recreational Hybrid PFD.

* * * * *
    (a) * * *
    (2) * * *
    (ii) If it is to be marked as Type II or Type V providing Type I or 
II performance, not require second stage donning to achieve that 
performance;
* * * * *
    (b) * * *
    (3) Have at least one automatic inflation mechanism that inflates 
at least one chamber, if marked as providing Type I or II performance;
* * * * *
    (13) Provide the minimum buoyancies specified in Table 160.077-
15(b)(13).

                         Table 160.077-15(b)(13).--Buoyancy for Recreational Hybrid PFDs                        
----------------------------------------------------------------------------------------------------------------
                                              Adult                     Youth                  Small child      
----------------------------------------------------------------------------------------------------------------
Inherent buoyancy (deflated                                                                                     
 condition):                                                                                                    
    Type II.......................  45 N (10 lb)............  40 N (9 lb).............  30 N (7 lb)             
    Type III......................  45 N (10 lb)............  40 N (9 lb).............  N/A                     
    Type V........................  33 N (7.5 lb)...........  34 N (7.5 lb)...........  N/A                     
Total buoyancy (inflated                                                                                        
 condition):                                                                                                    
    Type II.......................  100 N (22 lb)...........  67 N (15 lb)............  53 N (12 lb)            
    Type III......................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
    Type V........................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
----------------------------------------------------------------------------------------------------------------

    (14) Meet any additional requirements that the Commandant may 
prescribe, if necessary, to approve unique or novel designs.
    (c) * * *
    (2) * * *
    (ii) Not be capable of locking in the open or closed position 
except that, a friction-fit dust cap that only locks in the closed 
position may be used; and
* * * * *
    (d) * * *
    (3) The deflation mechanism may be the oral inflation mechanism.
* * * * *
    12. In Sec. 160.077-17, the heading and paragraph (b)(4) are 
revised, and paragraphs (b)(8), (b)(9), (b)(10), (b)(11), and Table 
160.077-17(b)(11) are added to read as follows:


Sec. 160.077-17  Construction and Performance--Type I and Commercial 
Hybrid PFD.

* * * * *
    (b) * * *
    (4) Have at least one inflation chamber, except that a hybrid PFD 
approved as a SOLAS lifejacket must have at least two inflation 
chambers;
* * * * *
    (8) If approved for adults, be universally sized as specified in 
Sec. 160.077-15(b)(7).
    (9) Commercial hybrid PFDs employing closures with less than 1600 N 
(360 lb) strength, must have at least two closures that meet UL 1517, 
Section 22.1.
    (10) Each commercial hybrid PFD must have an attachment for a PFD 
light securely fastened to the front shoulder area. The location should 
be such that if the light is attached it will not damage or impair the 
performance of the PFD.
    (11) In the deflated and the inflated condition, provide buoyancies 
of at least the values in Table 160.077-17(b)(11).

                 Table 160.077-17(b)(11).--Minimum Buoyancy of Type I and Commercial Hybrid PFDs                
----------------------------------------------------------------------------------------------------------------
                                              Adult                     Youth                  Small child      
----------------------------------------------------------------------------------------------------------------
Inherent buoyancy (deflated                                                                                     
 condition):                                                                                                    
    Type I........................  70 N (15.5 lb)..........  50 N (11 lb)............  40 N (9 lb)             
    Type V........................  60 N (13 lb)............  34 N (7.5 lb)...........  N/A                     
Total buoyancy (inflated                                                                                        
 condition):                                                                                                    
    Type I........................  130 N (30 lb)...........  80 N (18 lb)............  67 N (15 lb)            
    Type V........................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
----------------------------------------------------------------------------------------------------------------

* * * * *
    13. In Sec. 160.077-19, paragraphs (b)(3)(iii), (b)(6), and (e) are 
revised to read as follows:


Sec. 160.077-19  Approval Testing--Recreational Hybrid PFD.

* * * * *
    (b) * * *
    (3) * * *
    (iii) Inflated flotation stability, UL 1517, section 15, for Type 
II and Type III performance except comparisons are to be made to the 
appropriate size and Type reference vest as defined in Sec. 160.077-
2(j).
* * * * *
    (6) Buoyancy, buoyancy distribution, and inflation medium retention 
test, UL 1517, sections 18 and 19, except: [[Page 2488]] 
    (i) Recreational hybrid inflatables must provide minimum buoyancy 
as specified in Table 160.077-15(b)(13):
    (ii) The buoyancy and volume displacement of kapok buoyant inserts 
must be tested in accordance with the procedures prescribed in 
Sec. 160.047-4(c)(4) and Sec. 160.047-5(e)(1) in lieu of the procedures 
in UL 1517, section 18 and 19.
* * * * *
    (e) The Commandant may prescribe additional tests, if necessary, to 
approve unique or novel designs.
    14. In Sec. 160.077-21, the heading, paragraphs (c)(1), (c)(2), and 
(c)(3), (c)(4)(i) and (c)(4)(ii), and (g) are revised and paragraphs 
(c)(5) and (d)(3) are added to read as follows:


Sec. 160.077-21  Approval Testing--Type I and Commercial Hybrid PFD.

* * * * *
    (c) * * *
    (1) Jump test, UL 1517, section S6 for Adult size. Youth and Small 
Child sizes are exempt from this test.
    (2) In-water removal, UL 1517, section S9 for Adult and Youth 
sizes. The Small Child size is exempt from this test.
    (3) Buoyancy and inflation medium retention test, UL 1517, Section 
S10, except the minimum buoyancies must be as specified in the Table 
160.077-17(b)(11):
    (4) Flotation stability--adults.
    (i) Uninflated flotation stability, UL 1517, section S7, except 
that for Type I devices the requirements of paragraph S7.1.A apply to 
all subjects regardless of their in-water weight. For Type V adult-size 
devices the requirements of paragraph S7.1.A apply to all adult 
subjects having an in-water weight of 13 lb or less, and the 
requirements of paragraph S.7.1.B apply to all other adult subjects.
    (ii) Righting action test, 46 CFR 160.176-13(d)(2) through (d)(5) 
for Type I hybrid PFDs. UL 1517, Section S8, for Type V hybrid PFDs.
    (5) Flotation stability--youths and small children.
    (i) Uninflated flotation stability, UL 1517, section S7, except 
that the requirements of paragraph S7.1.A apply to all subjects 
regardless of their in-water weight.
* * * * *
    (ii) Righting action test, UL 1517, Section 15.3 through 15.13, for 
Youth and Small Child hybrid PFDs except comparisons are to be made to 
the appropriate size and type reference vest as defined in 
Sec. 160.077-2(j).
    (d) * * *
    (3) Each adult test subject must have a freeboard of at least:
    (i) 100 mm (4 inches) if the PFD being tested is to be approved as 
a Type I hybrid PFD; or
    (ii) 120 mm (4.75 inches) if the PFD being tested is to be approved 
as a SOLAS lifejacket.
* * * * *
    (g) The Commandant may prescribe additional tests, if necessary, to 
approve unique or novel designs.
* * * * *
    15. In Sec. 160.077-23, paragraphs (a)(2), (b)(1)(i), (b)(2)(ii), 
(b)(2)(iv), (d)(4), (g)(2), (g)(3)(iii), (h)(4), (h)(5), (j)(4)(iii), 
(k)(1), (k)(2), and notes (2) and (3) to Table 160.077-23B are revised, 
and paragraphs (b)(2)(v), (d)(5), and (g)(3)(x) are added to read as 
follows:


Sec. 160.077-23  Production tests and inspections.

    (a) * * *
    (2) The Commandant may prescribe additional production tests and 
inspections if needed to maintain quality control and check for 
compliance with the requirements of this subpart.
    (b) * * *
    (1) * * *
    (i) Perform all required tests and examinations on each PFD lot 
before the independent laboratory inspector tests and inspects the lot, 
except as provided in Sec. 160.077-23(d)(5);
* * * * *
    (2) * * *
    (ii) Except as specified in paragraph (b)(2)(v) of this section, an 
inspector must perform or supervise testing and inspection of at least 
one PFD lot in each five lots produced.
    (iii) * * *
    (iv) Except as specified in paragraph (b)(2)(v) of this section, at 
least once each calendar quarter, the inspector must, as a check on the 
manufacturer's compliance with this section, examine the manufacturer's 
records required by Sec. 160.077-25 and observe the manufacturer 
perform each of the tests required by paragraph (h) of this section.
    (v) If less than six lots are produced during any calendar year, 
only one lot inspection in accordance with paragraph (b)(2)(ii) of this 
section, and one records examination and test performance observation 
in accordance with paragraph (b)(2)(iv) of this section is required 
during that year. Each lot tested and inspected must be within seven 
lots of the previous lot inspected.
* * * * *
    (d) * * *
    (4) The number of samples selected per lot must be at least the 
number listed in Table 160.077-23A or Table 160.077-23B, as applicable, 
except as allowed in paragraph (d)(5) of this section.
    (5) If the total production for any five consecutive lots does not 
exceed 250 devices, the manufacturer's and inspector's tests can be run 
on the same sample(s) at the same time.
* * * * *
    Table 160.077-23B Inspector's Sampling
* * * * *
    Notes to Table:
* * * * *
    (2) This test may be omitted if the manufacturer has previously 
conducted it and the inspector has conducted the test on a previous lot 
within the past year.
    (3) One sample of each means of marking on each type of fabric or 
finish used in PFD construction must be tested whenever a new lot of 
materials is used or at least every six months regardless of whether a 
new lot of materials was used within the past six months.
* * * * *
    (g) * * *
    (2) Calibration. The manufacturer must have the calibration of all 
test equipment checked at least annually by a weights and measures 
agency or the equipment manufacturer, distributor, or dealer.
    (3) * * *
    (iii) A Scale that has sufficient capacity to weigh a submerged 
sample basket. The scale must be sensitive to 14 g (0.5 oz) and must 
not have an error exceeding 14 g (0.5 oz).
* * * * *
    (x) Inflation chamber materials test equipment. If the required 
tests in paragraph (h)(2) of this section are performed by the PFD 
manufacturer, test equipment suitable for conducting Grab Breaking 
Strength, Tear Strength, Permeability, and Seam Strength tests must be 
available at the PFD manufacturer's facility.
* * * * *
    (h) * * *
    (4) Over-pressure. Each sample must be tested according to and meet 
UL 1517, section 28. Test samples may be prestressed by inflating them 
to a greater pressure than the required test pressure prior to 
initiating the test at the specified values.
    (5) Air Retention. Each sample must be tested according to and meet 
UL 1517, section 36. Prior to initiating the test at the specified 
values, test samples may be prestressed by inflating to a pressure 
greater than the design pressure, but not exceeding 50 percent of the 
required pressure for the tests in [[Page 2489]] paragraph (h)(4) of 
this section. Any alternate test method that decreases the length of 
the test must be accepted by the Commandant and must require a 
proportionately lower allowable pressure loss and the same percentage 
sensitivity and accuracy as the standard allowable loss measured with 
the standard instrumentation.
* * * * *
    (j) * * *
    (4) * * *
    (iii) If the inspector rejects a lot, the inspector shall notify 
the Commandant immediately.
    (k) * * *
    (1) A rejected PFD lot may be resubmitted for testing, examination, 
or inspection if the manufacturer first removes and destroys each PFD 
having the same type of defect or, if authorized by the Commandant or 
an authorized representative of the Commandant, reworks the lot to 
correct the defect.
    (2) Any PFD rejected in a final lot examination or inspection may 
be resubmitted for examination or inspection if all defects have been 
corrected and reexamination or reinspection is authorized by the 
Commandant or an authorized representative of the Commandant.
* * * * *
    16. In Sec. 160.077-27, paragraph (a) is revised and paragraphs (d) 
and (e) are added to read as follows:


Sec. 160.077-27  Pamphlet.

    (a) Each recreational hybrid PFD sold or offered for sale must be 
provided with a pamphlet that a prospective purchaser can read prior to 
purchase. The required pamphlet text must be printed verbatim and in 
the sequence set out in paragraph (e) of this section. Additional 
information, instructions, or illustrations must not be included within 
the required text. The type size shall be no smaller than 8-point.
* * * * *
    (d) The text specified in paragraphs (e)(2) of this section must be 
accompanied by illustrations of the types of devices being described. 
The illustrations provided must be either photographs or drawings of 
the manufacturer's own products or illustrations of other Coast Guard-
approved PFDs.
    (e) For a Type I hybrid PFD intended for recreational use or a Type 
II, III, or V recreational hybrid PFD, the pamphlet contents must be as 
follows:
    (1) The text in UL 1517, Section 39, item A;
    (2) The following text and illustrations:

There Are Five Types of Personal Flotation Devices

    This is a Type [insert approved Type] Hybrid Inflatable PFD.

    Note: The following types of PFDs are designed to perform as 
described in calm water and when the wearer is not wearing any other 
flotation material (such as a wetsuit).

    Type I--A Type I PFD has the greatest required inherent buoyancy 
and turns most unconscious persons in the water from a face down 
position to a vertical and slightly backward position, therefore 
greatly increasing one's chances of survival. The Type I PFD is 
suitable for all waters, especially for cruising on waters where 
rescue may be slow coming, such as large bodies of water where it is 
not likely that boats will be nearby. This type PFD is the most 
effective of all types in rough water. It is reversible and 
available in only two sizes--Adult (over 40 kg (90 lb)) and child 
(less than 40 kg (90 lb)) which are universal sizes (designed for 
all persons in the appropriate category).

[Insert illustration of Type I PFD]

    Type II--A Type II PFD turns most wearers to a vertical and 
slightly backward position in the water. The turning action of a 
Type II PFD is less noticeable than the turning action of a Type I 
PFD and the Type II PFD will not turn as many persons under the same 
conditions as the Type I. The Type II PFD is usually more 
comfortable to wear than the Type I. This type of PFD is designed to 
fit a wide range of people for easy emergency use, and is available 
in the following sizes: Adult (over 40 kg (90 lb)), Medium Child 
(23-40 kg (50-90 lb)), and two categories of Small Child (less than 
23 kg (50 lb) or less than 14 kg (30 lb). Additionally, some models 
are sized by chest sizes. You may prefer to use the Type II where 
there is a good chance of fast rescue, such as areas where it is 
common for other persons to be engaged in boating, fishing and other 
water activities.

[Insert illustration of Type II PFD]

    Type III--The Type III PFD allows the wearer to tilt backwards 
in the water, and the device will maintain the wearer in that 
position and will not turn the wearer face down. It is not designed 
to turn the wearer face up. A Type III is generally more comfortable 
than a Type II, comes in a variety of styles which should be matched 
to the individual use, and is often the best choice for water 
sports, such as skiing, hunting, fishing, canoeing, and kayaking. 
This type PFD normally comes in many chest sizes and weight ranges; 
however, some universal sizes are available. You may also prefer to 
use the Type III where there is a probability of quick rescue such 
as areas where it is common for other persons to be engaged in 
boating, fishing, and other water activities.

[Insert illustration of Type III PFD]

    Hybrid Inflatable Type I, II, or III--A Type I, II, or III 
Hybrid PFD is an inflatable device which is the most comfortable PFD 
to wear and has a minimal amount of buoyancy when deflated and 
significantly increased buoyancy when inflated (See accompanying 
table for actual buoyancy for your Type of hybrid). When inflated it 
turns the wearer with the action of a Type I, II, or III PFD as 
indicated on its label. Boaters taking advantage of the extra 
comfort of hybrid inflatable PFDs must take additional care in the 
use of these devices. Boaters should test their hybrid PFDs in the 
water, under safe, controlled conditions to know how well the 
devices float them with limited buoyancy. Approximately 90 percent 
of boaters will float while wearing a Type II or III hybrid 
inflatable PFD when it is not inflated. However, hybrid inflatable 
PFDs are not recommended for non-swimmers unless worn with enough 
additional inflation to float the wearer. Almost all boaters will 
float while wearing a Type I hybrid inflatable PFD that is not 
inflated. The PFD's `performance type' indicates whether it should 
be used only where help is nearby, or if it also may be used where 
help may be slow coming. Type I hybrids are suitable where rescue 
may be slow coming, while Types II and III are good only when there 
is a chance of fast rescue. Type I hybrids are approved in three 
weight ranges, adult, for persons weighing over 40 kg (90 lb); 
youth, for persons weighing 23-40 kg (50-90 lb); and small child, 
for persons weighing 14-23 kg (30-50 lb). Type II hybrid PFDs are 
approved in the same size ranges as Type I hybrids but may be 
available in a number of chest sizes and in universal adult sizes. 
Type III hybrids are only approved in adult and youth sizes but may 
also be available in a number of chest sizes and in universal adult 
sizes.

[For a pamphlet provided with a Type I, II or III hybrid PFD, insert 
illustration of the Type Hybrid PFD being sold]

    Type IV--A Type IV PFD is normally thrown or tossed to a person 
who has fallen overboard so that the person can grasp and hold the 
device until rescued. Until May 15, 1995 (or May 1, 1996 at 
commercial liveries), the Type IV is acceptable in place of a 
wearable device in certain instances. However, this type is suitable 
only where there is a good chance of quick rescue, such as areas 
where it is common for other persons to be nearby engaged in 
boating, fishing, and other water activities. It is not recommended 
for use by non-swimmers and children.

[Insert illustration of Type IV PFD]

    Type V (General)--A Type V PFD is a PFD approved for restricted 
uses or activities such as boardsailing, or commercial white water 
rafting. These PFDs are not suitable for other boating activities. 
The label on the PFD indicates the kinds of activities for which the 
PFD may be used and whether there are limitations on how it may be 
used.
    Type V Hybrid--A Type V Hybrid PFD is an inflatable device which 
can be the most comfortable and has very little buoyancy when it is 
not inflated, and considerably more buoyancy when it is inflated. In 
order for the device to count toward carriage requirements on 
recreational boats, it must be worn except when the boat is not 
underway or when the user is below deck. When inflated it turns the 
wearer similar to the action provided by a Type I, II, or III PFD 
(the type of performance is indicated on the label). This type of 
PFD is more comfortable because it is less bulky when it is not 
inflated. Boaters taking advantage of the extra comfort of hybrid 
inflatable PFDs must take [[Page 2490]] additional care in the use 
of these devices. Boaters should test their hybrid PFDs in the 
water, under safe, controlled conditions to know how well the 
devices float them with limited buoyancy. Approximately 70 percent 
of boaters will float while wearing a Type V hybrid PFD when the 
device is not inflated. Therefore, it is not recommended for non-
swimmers unless worn with enough additional inflation to float the 
wearer. The PFD's ``performance type'' indicates whether it should 
be used only where help is nearby, or if it may also be used where 
help may be slow coming. This type of PFD is approved in two sizes, 
adult, for persons weighing over 40 kg (90 lb); and youth, for 
persons weighing 23-40 kg (50-90 lb), and may be available in a 
number of chest sizes and in universal adult sizes.

[For a pamphlet provided with a Type V hybrid PFD, insert 
illustration of TYPE V Hybrid PFD]

    (3) A table with the applicable PFD Type, size, and buoyancy values 
from Table 160.077-15(b)(13) or 160.077-17(b)(11), as applicable; and
    (4) The text in UL 1517, Section 39, items D, E, and F.
    17. In Sec. 160.077-29, paragraphs (b) and (c) are revised, and 
paragraphs (d) and (e) are added to read as follows:


Sec. 160.077-29  PFD manuals.

* * * * *
    (b) Required Manuals. An owner's manual must be provided with each 
recreational and commercial hybrid PFD sold or offered for sale as 
follows:
    (1) The manual text for a recreational hybrid PFD must be printed 
verbatim and in the sequence set out in paragraph (c) or (d) of this 
section, as applicable.
    (2) The manual for a commercial hybrid PFD must meet the 
requirements of paragraph (f) of this section except that the manual 
for a commercial Type I PFD which is also labeled for recreational use 
must meet the requirements of paragraph (c) of this section.
    (3) Additional information, instructions, or illustrations may be 
included within the specified text of the manuals required by this 
section if there is no contradiction to the required information.
    (c) Type I, II or III Hybrid PFD. For a Type I, II and III hybrid 
PFD the manual contents must be as follows:
    (1) The following text:

Hybrid Limitations

    This PFD has limited inherent buoyancy which means YOU MAY HAVE 
TO INFLATE THIS PFD TO FLOAT, and its inflatable portion requires 
maintenance. While these PFDs are not required to be worn, if you 
have an accident or fall overboard, you are much more likely to 
survive if you are already wearing a PFD.
    There is only one way to find out if you will float while 
wearing the PFD when it is not inflated. That is to try this PFD in 
the water as explained in [insert reference to the section of the 
manual that discusses how to test the PFD]. If you have not tested 
this device in accordance with these guidelines, the Coast Guard 
does not recommend its use.

    (2) Instructions on use including instructions on donning, 
inflation, replenishing inflation mechanisms, and recommended practice 
operation;
    (3) Instructions on how to properly inspect and maintain the PFD, 
and recommendations concerning frequency of inspection;
    (4) Instructions on how to get the PFD repaired;
    (5) The text in UL 1517, Section 40, items B and D;
    (6) The following text:

Why Do You Need a PFD?

    A PFD provides buoyancy to help keep your head above water and 
to help you stay face up. The average in-water-weight of an adult is 
only about 5 to 10 pounds. The buoyancy provided by most PFDs will 
support that weight in water. However, the hybrid Type I, II, or III 
PFD may be an exception. The uninflated buoyancy provided by this 
PFD may only float 90 percent of the boating public. This is because 
the inherent buoyancy has been reduced to make it more comfortable 
to wear. So, you may not float adequately without inflating the 
device. Once the device is inflated you will have a minimum of 22 lb 
of buoyancy for adult sizes, which should be more than enough to 
float everyone. (See table above [below] for the actual minimum 
buoyancy for different Types of hybrids.) Your body weight alone 
does not determine your in-water-weight. Since there is no simple 
method of determining your weight in water, you should try the 
device in the water in both its deflated and inflated condition.

    (7) The text in UL 1517, Section 40, item G;
    (8) The following text:

Wear Your PFD

    Your PFD won't help you if you don't have it on. It is well-
known that most boating accidents occur on calm water during a clear 
sunny day. It is also true that in approximately 80 percent of all 
boating accident fatalities, the victim did not use a PFD. Don't 
wait until it's too late. Non-swimmers and children especially 
should wear their PFD at all times when on or near the water. Hybrid 
Type I, II, III or V PFDs are not recommended for non-swimmers 
unless inflated enough to float the wearer.

    (9) The text in UL 1517, Section 40, items I, J, K, and L; and
    (10) A table with the applicable PFD Type, size, and buoyancy 
values from Table 160.077-15(b)(13) or 160.077-17(b)(11), as 
applicable, or provide a reference to appropriate pamphlet table, if 
the pamphlet is combined with the manual.
    (d) Type V Recreational Hybrid PFD. For a Type V recreational 
hybrid PFD the manual contents must be as follows:
    (1) The text in UL 1517, Section 40, item A;
    (2) Instructions on use including instructions on donning, 
inflation, replenishing inflation mechanisms, and recommended practice 
operation;
    (3) Instructions on how to properly inspect and maintain the PFD, 
and recommendations concerning frequency of inspection;
    (4) Instructions on how to get the PFD repaired; and
    (5) The text in UL 1517, section 40, that is not included under 
paragraph (d)(1) of this section.
    (e) Commercial Hybrid PFD. (1) For a commercial hybrid PFD that is 
``REQUIRED TO BE WORN'' the manual must meet the requirements of 
paragraph (d) of this section.
    (2) For a commercial hybrid PFD approved as a ``Work Vest Only'' or 
Type I PFD the manual must meet the requirements of either paragraphs 
(e)(3) and (4) or of paragraph (c) of this section. The manual for a 
commercial Type I hybrid PFD which is also labeled for use on 
recreational boats must meet the requirements of paragraph (c) of this 
section.
    (3) Each commercial hybrid PFD approved with special purpose 
limitation must have a user's manual that--
    (i) Explains in detail the proper care, maintenance, stowage, and 
use of the PFD; and
    (ii) Includes any other safety information as prescribed by the 
approval certificate.
    (4) If the manual required in paragraph (e)(3) of this section 
calls for inspection or service by vessel personnel, the manual must--
    (i) Specify personnel training or qualifications needed;
    (ii) Explain how to identify the PFDs that need to be inspected; 
and
    (iii) Provide a log in which inspections and servicing may be 
recorded.
    (5) If a PFD light approved under subpart 161.012 is not provided 
at time of sale, the manual must specify the recommended type of light 
to be used.
    (6) Notwithstanding the requirements of paragraph (b) of this 
section, manufacturers that make shipments to purchasers that do not 
redistribute the PFDs, must provide at least one manual in each carton 
of PFDs shipped.
    18. Section 160.077-30 is revised to read as follows: 
[[Page 2491]] 


Sec. 160.077-30  Spare operating components and temporary marking.

    (a) Spare operating components. Each recreational and commercial 
hybrid PFD must--
    (1) If it has a manual or automatic inflation mechanism and is 
packaged and sold with one inflation medium cartridge loaded into the 
inflation mechanism, have at least two additional spare inflation 
cartridges packaged with it. If it is sold without an inflation medium 
cartridge loaded into the inflation mechanism, it must be packaged and 
sold with at least three cartridges; and
    (2) If it has an automatic inflation mechanism and is packaged and 
sold with one water sensitive element loaded into the inflation 
mechanism, have at least two additional spare water sensitive elements 
packaged with it. If it is sold without a water sensitive element 
loaded into the inflation mechanism, it must be packaged and sold with 
at least three water sensitive elements.
    (b) Temporary marking. Each recreational and commercial hybrid PFD 
which is sold--
    (1) In a ready-to-use condition but which has covers or restraints 
to inhibit tampering with the inflation mechanism prior to sale, must 
have any such covers or restraints conspicuously marked ``REMOVE 
IMMEDIATELY AFTER PURCHASE.''; or
    (2) Without an inflation medium cartridge, a water sensitive 
element, or both pre-loaded into the inflation mechanism, must include 
the markings required in Sec. 160.077-15(c)(3)(ii).
    19. In Sec. 160.077-31, paragraphs (c), (d), (g), (h), (j), 
introductory text, and (j)(1) are revised, paragraphs (j)(2) and (3) 
are redesignated as (j)(3) and (4) respectively and revised, new 
paragraphs (j)(2) and (l) are added, and paragraph (e)(5) is removed 
and paragraph (e)(6) is redesignated as paragraph (e)(5) to read as 
follows:


Sec. 160.077-31  PFD Marking.

* * * * *
    (c) Recreational Hybrid PFD. Each recreational hybrid PFD must be 
marked with the following text using capital letters where shown and be 
presented in the exact order shown:

Type [II, III, or V, as applicable] PFD

[See paragraph (k) of this section for exact text to be used here]

    Recreational hybrid inflatable--Approved for use only on 
recreational boats. [For Type V only] REQUIRED TO BE WORN to meet Coast 
Guard carriage requirements (except for persons in enclosed spaces as 
explained in owner's manual).

[For Type V only] When inflated this PFD provides performance 
equivalent to a [see paragraph (h) of this section for exact test to be 
used here].

    A Pamphlet and Owner's Manual must be provided with this PFD.

WARNING--TO REDUCE THE RISK OF DEATH BY DROWNING

--YOU MAY HAVE TO INFLATE THIS PFD TO FLOAT.
--TRY THIS PFD IN THE WATER EACH SEASON TO SEE IF IT WILL FLOAT YOU 
WITHOUT INFLATION.
--CHOOSE THE RIGHT SIZE PFD AND WEAR IT--FASTEN ALL CLOSURES AND ADJUST 
FOR SNUG FIT.
--THIS PFD REQUIRES MAINTENANCE. FOLLOW MANUFACTURER'S USE AND CARE 
INSTRUCTIONS.
--REMOVE HEAVY OBJECTS FROM POCKETS IN AN EMERGENCY.
--[Unless impact tested at high speed as noted on the approval 
certificate] DO NOT USE IN HIGH-SPEED ACTIVITIES.
--DO NOT DRINK ALCOHOL WHILE BOATING.

    (d) Type I and Commercial Hybrid PFD. Each Type I hybrid PFD 
intended for recreational use and each commercial hybrid PFD must be 
marked with the following text using capital letters where shown and be 
presented in the exact order shown:

Type [``I'', ``V'', or ``V Work Vest Only'', as applicable] PFD

[See paragraph (k) of this section for exact text to be used here]

    Commercial hybrid inflatable--Approved for use on [see paragraph 
(j) of this section for exact text to be used here].

[For Type V only] When inflated this PFD provides performance 
equivalent to a [see paragraph (h) of this section for exact test to be 
used here].

[For Type I devices intended for recreational use] A Pamphlet and 
Owner's Manual must be provided with this PFD.

WARNING--TO REDUCE THE RISK OF DEATH BY DROWNING

--YOU MAY HAVE TO INFLATE THIS PFD TO FLOAT.
--TRY THIS PFD IN THE WATER EACH SEASON TO SEE IF IT WILL FLOAT YOU 
WITHOUT INFLATION.
--[For Type I devices intended for recreational use] CHOOSE THE RIGHT 
SIZE PFD AND WEAR IT.
--FASTEN ALL CLOSURES AND ADJUST FOR SNUG FIT.
--THIS PFD MUST BE MAINTAINED, STOWED, AND USED ONLY IN ACCORDANCE WITH 
THE OWNER'S MANUAL.
--REMOVE HEAVY OBJECTS FROM POCKETS IN AN EMERGENCY.
--[Unless impact tested at high speed as noted on the approval 
certificate For Type I devices intended for recreational use] DO NOT 
USE IN HIGH-SPEED ACTIVITIES.
--[For Type I devices intended for recreational use] DO NOT DRINK 
ALCOHOL WHILE BOATING.
* * * * *
    (g) Flotation material buoyancy loss. When kapok flotation material 
is used, the statement ``--REPLACE PFD IF PADS BECOME STIFF OR 
WATERLOGGED.'' must follow the warning ``--TRY THIS PFD IN THE WATER 
EACH SEASON TO SEE IF IT WILL FLOAT YOU WITHOUT INFLATION.'' required 
by paragraph (c) or (d) of this section.
    (h) Type equivalence. The exact text to be inserted for Type V 
hybrid PFDs will be one of the following type equivalents as noted on 
the Approval Certificate.
* * * * *
    (j) Approved use. Unless the Commandant has authorized omitting the 
display of approved use, the exact text to be inserted will be one or 
more of the following statements as noted on the approval certificate:
    (1) ``all recreational boats and on uninspected commercial 
vessels''
    (2) ``all recreational boats and on uninspected commercial vessels. 
REQUIRED TO BE WORN to meet Coast Guard carriage requirements (except 
for persons in enclosed spaces as explained in owner's manual)''
    (3) ``inspected commercial vessels as a WORK VEST only.''
    (4) ``[Insert exact text of special purpose or limitation and 
vessel(s) or vessel type(s), noted on approval certificate].''
* * * * *
    (l) Size Ranges. The exact text to be inserted will be one of the 
following statements as noted on the approval certificate:
    (1) ADULT--For persons weighing more than 40 kg (90 lb).
    (2) YOUTH--For persons weighing 23-40 kg (50-90 lb).
    (3) CHILD SMALL--For persons weighing 14-23 kg (30-50 lb).
    (4) ``[Other text noted on approval certificate].''
    20. Section 160.077-33 is redesignated as Sec. 160.077-6, and in 
newly redesignated Sec. 160.077-6 paragraphs (b), introductory text, 
and (c)(1) are revised, and paragraph (a)(3)(vi) is added to read as 
follows: [[Page 2492]] 


Sec. 160.077-6  Approval Procedures.

    (a) * * *
    (3) * * *
    (vi) The size range of wearers that the device is intended to fit.
* * * * *
    (b) Waiver of tests. If a manufacturer requests that any test in 
this subpart be waived, one of the following must be provided to the 
Commandant as justification for the waiver:
* * * * *
    (c) * * *
    (1) Meets other requirements prescribed by the Commandant in place 
of or in addition to requirements in this subpart; and
* * * * *
    21. Section 160.077-35 is redesignated as Sec. 160.077-7 and is 
revised to read as follows:


Sec. 160.077-7  Procedure for approval of design or material revision.

    (a) Each change in design, material, or construction of an approved 
PFD must be approved by the Commandant before being used in any 
production of PFDs.
    (b) Determinations of equivalence of design, construction, and 
materials may be made only by the Commandant.
    22. Section 160.077-37 is redesignated as Sec. 160.077-9 and is 
revised to read as follows:


Sec. 160.077-9  Independent laboratories.

    A list of independent laboratories which have been accepted by the 
Commandant for conducting or supervising the tests and inspections 
required by this subpart, and for making material certifications 
required by Sec. 160.077-11, may be obtained from the Commandant.

Dated: December 27, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-433 Filed 1-6-95; 8:45 am]
BILLING CODE 4910-14-U