[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Proposed Rules]
[Pages 32861-32872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15076]




  Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / 
Proposed Rules   
[[Page 32861]] 

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 175, 179, and 181

46 CFR Parts 2, 159, and 160

[CGD 93-055]
RIN 2115-AE58


Approval of Inflatable Personal Flotation Devices (PFDs) for 
Recreational Boaters

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish approval procedures for 
recreational inflatable personal flotation devices (PFDs), revise the 
approval procedures for other kinds of recreational PFDs and make 
editorial changes. These procedures are intended to establish an 
efficient approval procedure for PFDs. The Coast Guard anticipates that 
recreational boaters will be more likely to wear inflatable PFDs than 
currently approved devices, thereby increasing use of PFDs by the 
boating public and saving lives.

DATES: Comments must be received on or before October 23, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 93-055), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477. Comments on collection-of-information 
requirements must be mailed also to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    A copy of the material listed in ``Incorporation by Reference'' of 
this preamble is available for inspection at room 1404, U.S. Coast 
Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Markle, U.S. Coast Guard, 
Survival Systems Branch (G-MVI-3), telephone (202) 267-1444, facsimile 
(202) 267-1069, or electronic mail ``mvi-3/[email protected]''. 
A copy of this proposed rule may be obtained by calling the Coast 
Guard's toll-free Customer Infoline, 1-800-368-5647. In Washington, DC, 
call 267-0780.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 93-055) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ``ADDRESSES.'' The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Robert Markle, Project Manager, U.S. Coast Guard, Survival Systems 
Branch (G-MVI-3), and Ms. Helen Boutrous, Project Counsel, Office of 
Chief Counsel.

Regulatory History

    On November 9, 1993, the Coast Guard published an Advance Notice of 
Proposed Rulemaking (ANPRM) entitled ``Inflatable Personal Flotation 
Devices'' in the Federal Register (58 FR 59428). The Coast Guard 
received nine letters commenting on the ANPRM. One of the comments 
requested a public hearing, however, after consideration, the Coast 
Guard determined that no new issues would have been raised which would 
have materially assisted the Coast Guard in developing this rule. 
Therefore, no public hearing was held.

Background and Purpose

    The November 9, 1993, ANPRM discussed the Coast Guard's intention 
to adopt structural and performance standards for inflatable personal 
flotation devices (PFD) used on recreational boats, as well as the 
procedures for approval and carriage requirements. The ANPRM discussed 
the Coast Guard's intention to participate in the development of an 
Underwriters Laboratories (UL) standard for inflatable PFDs, which 
would be the basis for Coast Guard approval of these devices. The UL 
standard (UL 1180) is complete, with one section reserved. An interim 
final rule (IFR) which establishes Coast Guard approval standards for 
inflatable PFDs for recreational boats based on UL 1180, is published 
elsewhere in today's edition of the Federal Register. The reserved 
section of UL 1180 will contain text for information pamphlets to 
accompany inflatable PFDs. UL expects to complete this section within a 
year. The Coast Guard anticipates that it will incorporate those 
provisions by reference once they are completed. Proposed pamphlet 
requirements are discussed later in this preamble under ``Information 
pamphlet.'' UL 1180 was developed in accordance with the American 
National Standards Institute (ANSI) procedure for voluntary industry 
standards, providing opportunity for participation by interested 
parties. Publication of the IFR will permit manufacturers to proceed 
with the manufacture and approval of these devices. Limited procedures 
to allow for approval of inflatable devices are included in the IFR.
    This notice proposes various other rule changes related to the 
approval of inflatable PFDs for recreational boats which would 
establish an approval procedure that would allow for the use of 
independent laboratories in the approval process. These proposed rules 
were not published as part of the IFR because they may affect the 
approval of other PFDs to a limited extent and the public has not yet 
had a chance to fully participate in their development.

Discussion of Comments

    The issues raised by the comments received in response to the ANPRM 
that pertained to the standards for inflatable PFDs were discussed in 
the IFR (CGD 94-110) published elsewhere in today's edition of the 
Federal Register. The issues raised by the comments that pertained to 
the approval procedures for PFDs and other issues addressed in this 
NPRM are discussed below.

Serviceable Condition
    The ANPRM asked if ``serviceable'' should be defined as an 
inflatable PFD with a properly armed inflation [[Page 32862]] mechanism 
to encourage the development of inflation mechanisms which are easy to 
use and easy to maintain.
    One comment from a boat owners association simply supported adding 
a definition of ``serviceable'' to the regulations. Another comment 
also stated that a definition of ``serviceable'' would be helpful and 
further stated that the desirability of professional maintenance by the 
manufacturer or an authorized facility should be considered, perhaps 
after an extended period of service such as five years. Another comment 
stated that the user manual and product markings should clearly direct 
the user to pay proper attention to the inflatable PFD's state of 
readiness.
    The Coast Guard agrees that an explanation of the term 
``serviceable'' is needed, and proposes to add Sec. 175.23 that would 
set a standard for ``serviceable condition'' that would apply to all 
PFDs, and would include additional specific requirements for inflatable 
PFDs and hybrid inflatable PFDs. The term is presently used in 33 CFR 
175.21(a), but is not defined anywhere in part 175. The requirements 
involving serviceability for all PFDs and the more specific 
requirements for inherently buoyant PFDs are based on guidance 
currently used by Coast Guard commercial vessel inspectors, and by 
Coast Guard Auxiliary examiners. The standard for ``serviceable'' for 
inflatable PFDs is newly developed by the Coast Guard for inclusion in 
this NPRM.
    The ANPRM also questioned whether the Coast Guard should require 
professional servicing for inflatable PFDs atapproved servicing 
facilities. Three inflatable PFD manufacturers supported professional 
servicing; however, they do not believe professional servicing should 
be mandatory, or that the government should set up inspection 
facilities at taxpayer expense. Instead, the comments suggested that 
professional servicing should be recommended or offered by the 
manufacturers or through licensed agents or both. One of these comments 
stated that the required owner's manual should provide instructions for 
owner inspection and identify where the owner can obtain help if 
needed. Another of these comments stated that the Coast Guard should 
recommend annual user inspection for air leaks, etc., and that the 
manufacturer should offer servicing every two years at an affordable 
fee. The comment also stated that after 10 years the chamber should no 
longer be serviced and replacement should be recommended. Another 
comment stated that professional servicing would be unnecessary if 
quality is held to a high standard, and that requiring professional 
servicing would greatly increase the cost of owning an inflatable PFD.
    The Coast Guard is not proposing to require professional servicing 
at this time. It agrees that the PFD owner's manual should address both 
user servicing and advice on how to obtain professional servicing. The 
Coast Guard strongly encourages manufacturers to offer professional 
servicing. The Coast Guard also encourages, but does not propose to 
require, manufacturers to keep records on the condition of the devices 
received for servicing in order to aid in the successful introduction 
of inflatable PFDs.
    Another comment suggested that an inflatable PFD which is worn 
inflated should be considered ``serviceable'' even if the CO2 system is 
unarmed. The Coast Guard agrees and has included this condition in 
proposed Sec. 175.23(d). Wearing the PFD inflated is a prudent action 
to take if the materials are not available to rearm a PFD and is a 
reasonable way to ensure the safety of the user of an unarmed 
inflatable PFD.
    A number of other issues related to serviceability were raised in 
response to the ANPRM. These other issues concerned the design of the 
PFD and its inflation mechanism, and were considered in the development 
of UL 1180 and UL 1191. These issues are further addressed in the 
preamble to the IFR discussed above.

Defect Notification

    The ANPRM suggested making inflatable PFDs ``associated equipment'' 
and subject to the defect notification provisions of 33 CFR Part 179, 
in accordance with 46 U.S.C. 4310. It was suggested that this action 
would provide better accountability and a positive means to identify 
reliability problems which may arise as a result of approval of a 
potentially less reliable device. Five comments favored making 
inflatable PFDs ``associated equipment'' for the purpose of defect 
notification.
    The Coast Guard's position is that designating inflatable PFDs as 
associated equipment would provide animportant means to help ensure the 
safety of inflatable PFDs used by the public. Therefore, this NPRM 
proposes designation of inflatable PFDs as associated equipment in 33 
CFR part 179 in accordance with 46 U.S.C. 4310. This would require 
manufacturers to notify first purchasers of inflatable PFDs of any 
defects which may be discovered after the PFDs have been produced and 
sold.

Registration Card

    The five comments that supported making inflatable PFDs 
``associated equipment'' for the purpose of defect notification did not 
favor making retailers responsible for preparing first purchaser lists. 
Instead, the comments suggested a consumer registration card, and a 
requirement that the consumer be provided with information that makes 
it clear that it is in the consumer's interest to complete the card and 
return it to manufacturer.
    The Coast Guard finds that this suggestion has merit. This NPRM 
proposes to add a new subpart H to 33 CFR part 181, requiring 
manufacturers to provide a postage prepaid registration card with each 
inflatable PFD. This appears to be the most reasonable way for 
manufacturers to obtain the names and addresses of first purchasers. 
Since most inflatable PFDs will be sold at retail or by mail order, it 
appears to be unreasonable to place the burden of preparing purchaser 
lists on the seller. Prepayment of the postage will encourage 
purchasers to complete and return the cards. The cards should ease the 
manufacturers' recordkeeping burden, since the cards merely need to be 
collected and stored for five years. They would need to be used only in 
the unusual circumstance where first purchasers have to be notified of 
a defect. The registration cards would be required to be securely 
attached to the PFD in the same manner as the information pamphlet, and 
could even be printed as a separable part of the pamphlet. Retention of 
registration cards would constitute compliance with the requirement to 
exercise due diligence in establishing and maintaining a list of 
purchasers, as required under 46 U.S.C. 4310(c)(1)(A).
    Another comment stated that purchaser lists should be an interim 
requirement, based on voluntary return of a registration card, and that 
the value of continued use of a registration system should be reviewed 
periodically to determine whether it should be continued. The Coast 
Guard agrees. All Coast Guard regulations are reviewed on a periodic 
basis. This regulation, like all regulations affecting recreational 
boats will be reviewed periodically at public meetings of the National 
Boating Safety Advisory Council (NBSAC). NBSAC meeting announcements 
are published in the Federal Register, along with an agenda for the 
meeting.
    Another comment stated that inflatable PFDs should be manufactured 
in batches and given sequential serial numbers to permit traceability 
and enable owners not on purchaser lists to [[Page 32863]] determine if 
their PFDs are involved in a recall.The Coast Guard agrees with the 
suggestion regarding numbering PFDs in batches with sequential serial 
numbers and such a requirement is included in the regulations published 
in the IFR.

Editorial Revisions

    A number of editorial changes to part 179 are also proposed. Most 
of these changes relate to elimination of references to the Federal 
Boat Safety Act of 1971, and replacing them with references to Title 46 
of the United States Code (U.S.C.), which was recodified in 1983 and 
includes previously enacted provisions of the Federal Boat Safety Act 
of 1971.

Information Pamphlet

    This NPRM proposes to revise 33 CFR part 181, subpart G to require 
that an appropriate information pamphlet be provided with inflatable 
PFDs, as they are for other kinds of PFDs. The proposed requirement for 
the pamphlet in Sec. 181.705 refers to the information pamphlet 
requirements established by the IFR (CGD 94-110) published elsewhere in 
today's edition of the Federal Register. However, if the pamphlet 
requirements of UL 1180 are completed before publication of a final 
rule, that part of the UL standard would be incorporated by reference 
at that time.
    A number of related editorial revisions to 33 CFR subpart G are 
also proposed in this NPRM.

Approval of Inflatable Personal Flotation Devices and Other Equipment

    The following paragraphs describe minor proposed revisions which 
are related to the approval of inflatable personal flotation devices, 
but which are relevant to the approval of other items of equipment as 
well.
    This NPRM proposes to revise Secs. 2.75-1(f) and 159.005-13(a)(4) 
of Title 46 to eliminate the requirement that the Coast Guard publish 
approval actions in the Federal Register. No such listing has been 
published in recent years, and the Coast Guard has received no 
complaints. The Coast Guard's estimation is that the listing was 
rarely, if ever, used. It is the Coast Guard's position that its 
publication ``Equipment Lists,'' published approximately every two 
years, is readily available through the Government Printing Office. 
More current information can be obtained directly from the Coast Guard 
from its computerized data base upon request. Accordingly, the revised 
Secs. 2.75-1(f) and 159.005-13(a)(4) would identify the ``Equipment 
Lists'' publication and state that it is available from the Government 
Printing Office.
    The Coast Guard proposes to remove Secs. 2.75-17, 2.75-18, and 
2.75-19. These sections deal with documents referenced in Coast Guard 
regulations, and have been made obsolete by the Office of the Federal 
Register's current policy on documents incorporated by reference. The 
Coast Guard also proposes to remove Sec. 2.75-20 because the affidavit 
and certification program described in that section is no longer in 
use.
    This NPRM also proposes to remove Sec. 2.75-30. This section would 
be replaced by new and revised sections of 46 CFR parts 159 and 160 to 
more accurately describe the approval procedures for PFDs used on 
recreational boats. Section 2.75-30 was first published in 1964 when 
the Coast Guard started using independent laboratories to perform 
certain approval functions related to ``Special purpose water safety 
buoyant devices.'' Much of this section is now obsolete, including its 
title. The proposed revisions to parts 159 and 160 are discussed in 
more detail, below.
    Proposed revisions to Sec. 2.75-50 would update the appeal process 
regarding denials, withdrawals and terminations of approval. The 
Merchant Marine Council referred to in the present section no longer 
exists. The proposed procedure would provide for appeal to the Chief of 
the Office of Marine Safety, Security, and Environmental Protection in 
accordance with the appeal procedures of 46 CFR subpart 1.03. Proposed 
revisions to Sec. 159.001-2 would refer to revised Sec. 2.75-50 as the 
appropriate appeal procedure.
    The definitions in Sec. 159.001-3 are proposed to be revised by 
deleting ``Listed laboratory'' and ``Test plan''. Definitions for 
``classification society'', ``independent laboratory'', and 
``recognized independent laboratory'' would be added. Except for 
``classification society'', these proposed changes are necessary to 
conform to other revisions to part 159 discussed below.
    A new Sec. 159.001-4 would list documents incorporated by reference 
into part 159.

Inspection Functions

    Classification societies perform many inspection functions related 
to commercial shipping in the United States and around the world. The 
maritime safety administrations of other governments, like the U.S. 
Coast Guard, also perform some of these inspection functions. Some of 
these classification societies and government agencies operate 
laboratory facilities, but others perform all of their inspections and 
tests at shipyards and other manufacturing sites. Classification 
societies meeting the standards set out in Resolution A.739(18) of the 
International Maritime Organization (IMO), and agencies of other 
governments involved in the inspection and testing of marine safety 
equipment, are capable of performing all of the functions of an 
independent laboratory for many items of approved equipment. Therefore, 
the Coast Guard proposes to clarify the definition of ``independent 
laboratory'' to include such classification societies and government 
agencies. The proposed definition is broad enough to include other 
agencies of the U.S. government, so that U.S. Navy and Department of 
Defense personnel, for example, could perform certain inspections of 
Coast Guard approved equipment being purchased by those agencies. Under 
proposed revisions Sec. 159.010-5, independent laboratories would be 
required to submit specified information to the Coast Guard in order to 
be accepted. Commercial laboratories would be required to submit 
additional information which would be irrelevant for classification 
societies and government agencies.
    Proposed Sec. 159.001-5 would include a facsimile number and an 
electronic mail address for the Commandant (G-MVI) to provide optional 
methods of communication with the Coast Guard.
    Subpart 159.010 would be revised to eliminate all references to 
``listing'' of, and ``listed'' laboratories. When Subpart 159.010 was 
published, it was envisioned that such laboratories would prepare a 
detailed test plan for Coast Guard review and approval, and that such 
laboratories would be ``listed'' in the various subparts under which 
they had been accepted. This listing of laboratories never occurred, 
and the Coast Guard now considers the concept to be obsolete. These 
revisions affect the title of subpart 159.010, as well as 
Secs. 159.010-1(a)(2) and -1(a)(3), 159.010-7 (to be removed), 159.010-
9, 159.010-11 (to be removed), 159.010-17, 159.010-19, and 159.010-21. 
In addition, sections of various subparts which were to contain these 
laboratory listings are proposed to be removed. These are 
Secs. 160.021-9, 160.022-9, 160.023-9, 160.024-9, 160.028-9, 160.031-9, 
160.036-9, 160.037-9, 160.040-9, 160.057-9, and 160.066-18. A related 
revision is proposed for Sec. 160.066-11(c).
    All laboratories that qualify to perform testing and inspection for 
the Coast Guard under subpart 159.010 are [[Page 32864]] considered 
accepted ``independent laboratories''. For some classes of equipment, 
such as PFDs for recreational boats, the Coast Guard uses laboratories 
not only to test and inspect equipment, but also to perform other 
functions related to approval, such as standards development and design 
review. The Coast Guard refers to these laboratories as ``recognized 
independent laboratories''. Recognized independent laboratories must 
enter into a memorandum of understanding (MOU) with the Coast Guard as 
discussed later in this preamble.
    Subpart 159.010 would be revised to incorporate requirements for 
``recognized'' laboratories, which are currently addressed in 46 CFR 
2.75-30. The Coast Guard intends to eventually have all of the 
requirements for independent laboratories in one place, and to limit 
the types of acceptances to just two, instead of the present three 
(accepted, listed, and recognized). Under the proposed revisions, 
laboratories would be ``accepted'' for testing equipment under 46 CFR 
subchapter Q. For certain items of equipment, particularly items with 
high production volumes, the Coast Guard would use accepted 
laboratories that are also ``recognized'' to perform certain approval 
functions on behalf of the Coast Guard. These functions would be 
specified in a Memorandum of Understanding (MOU) between each 
laboratory and the Coast Guard.
    The Coast Guard and UL have signed the first such MOU, which covers 
testing and approval of PFDs. The Coast Guard wishes to implement this 
MOU for the approval of inflatable PFDs for recreational boats, as well 
as for the approval of other PFDs for which UL is already recognized. 
The MOU has been placed in the docket for this project and is available 
for inspection and copying. The UL MOU also can be obtained by writing 
to Commandant (G-MVI), U.S. Coast Guard, 2100 Second Street, S.W. 
Washington, DC, 20593-0001, or by sending a request via electronic mail 
to ``s.wehr/g-m18@cgsmtp.comdt.uscg.mil''.
    Note that the NPRM does not propose to remove or revise 46 CFR 
2.75-25 covering recognized laboratories for portable fire 
extinguishers. UL, Factory Mutual, and Underwriters Laboratories of 
Canada are all recognized for testing and approval of various types of 
portable fire extinguishers at present.
    The proposed revisions to subpart 159.010 regarding recognized 
laboratories are described in the following paragraphs:
    (a) Section 159.010-1 would be revised to indicate that recognized 
laboratories are covered in Subpart 159.010.
    (b) Section 159.010-9 would be completely revised to contain a 
description of the required contents of an MOU, the requirements for 
laboratories that desire to enter into MOUs with the Coast Guard in 
order to become recognized laboratories, and information on how to 
obtain copies of existing MOUs and related information. This section 
proposes to require, as part of the MOU, comparison testing with other 
recognized laboratories for those items of equipment, such as PFDs, 
where subjective testing is involved. Because PFDs require testing with 
human subjects, the way the tests are run can significantly affect the 
results. Therefore, the Coast Guard is considering ways to make sure 
that recognized laboratories achieve comparable results. As drafted, 
the rule would simply require each laboratory to conduct comparison 
testing as directed by the Coast Guard, no more often than once every 
six months. Comments are requested on any or all of the following 
alternatives for assuring comparability of determinations and test 
results:
    (1) Laboratories could be required to retain test PFDs for at least 
six months after testing is completed. The Coast Guard could call for 
these devices at any time before they are discarded, and provide them 
to another recognized laboratory or laboratory seeking recognition for 
testing. The second laboratory's results should be comparable to those 
of the first laboratory. If they are not, the Coast Guard would conduct 
an analysis to determine why the results are different and how to 
resolve the differences.
    (2) The Coast Guard is considering including a provision in the MOU 
in which the recognized laboratory would agree to participate in an 
annual workshop. At such a workshop, laboratories could share 
information regarding methods used during approval testing. The Coast 
Guard expects that laboratories would take turns hosting workshops, and 
that test personnel from all recognized laboratories would attend. 
Problems identified by the Coast Guard, manufacturers, and the 
laboratories could be addressed at these workshops, and the various 
methods of conducting tests could be compared. Results could be 
compared using different types of test equipment and techniques.
    (3) The Coast Guard also seeks to ensure that all recognized 
laboratories performing approval procedures consider not only the needs 
of manufacturers, but the needs of PFD users and potential accident 
victims as well. The Coast Guard seeks to ensure that laboratories 
appropriately consider the needs of PFD users while providing uniform 
approval testing services. The Coast Guard specifically seeks comments 
regarding incentives that could be established to encourage 
laboratories to maintain the proper balance between the needs of 
boaters and manufacturers.
    (c) Sections 159.010-17, 159.010-19, and 159.010-21 would be 
revised to cover MOUs and recognized laboratories.
    (d) Finally, revisions are proposed in several subparts of part 160 
covering PFDs, to remove information that would be redundant or 
obsolete, as a result of the proposed changes to subpart 159.010 on 
recognized laboratories. The revisions would affect subparts 160.047, 
160.048, 160.049, 160.052, 160.060, 160.064, and 160.077.
Commercial Vessels

    Although the inflatable PFDs approved under the rules in the IFR 
are intended for recreational boats, the Coast Guard is considering 
permitting them to be used on certain small commercial vessels. 
Uninspected commercial vessels under 12.1 m (40 ft) in length, not 
carrying passengers, may presently carry the same types of PFDs used on 
recreational boats. The regulations for these vessels are in 46 CFR 
subchapter C. In addition, small passenger vessels inspected under 46 
CFR subchapter T, may carry recreational boat PFDs as additional 
equipment for the optional use of passengers, who want to wear PFDs 
while underway. Under the IFR, inflatable PFDs for recreational boats 
will be required to be marked ``NOT APPROVED FOR USE ON COMMERCIAL 
VESSELS.'' If, as a result of comments, the Coast Guard decides to 
permit the limited use of these devices on commercial vessels, the 
requirement for the marking will be removed.

Incorporation by Reference

    The following material would be incorporated by reference in 33 CFR 
181.4: Underwriters Laboratories Standard UL 1123, Marine Buoyant 
Devices, February 17, 1995; and Underwriters Laboratories Standard UL 
1180, Fully Inflatable Recreational Personal Flotation Devices, edition 
1, May 15, 1995. The following material would be incorporated by 
reference in 46 CFR 159.001-2: International Maritime Organization 
Resolution A.739(18), Guidelines for the Authorization of Organizations 
Acting on Behalf of the Administration, [[Page 32865]] November 22, 
1993. Copies of the material are available for inspection where 
indicated under ``ADDRESSES.'' Copies of the material are available 
from the sources listed in 33 CFR 181.4, and 46 CFR 159.001-2.
    Before publishing a final rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential 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).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The rules 
proposed in this notice are generally procedural, to enable boaters to 
purchase and use inflatable PFDs on their boats, only if they wish to 
do so. The only proposal that would require affected parties to do 
something they are not already doing, is the proposal to provide 
postage prepaid registration cards. Manufacturers are only being 
required to hold these cards for five years. No analysis or production 
of lists is required, unless a defect in an inflatable PFD is found. In 
that case, the registration cards will make it easier and less costly 
to locate owners, than it would be otherwise. The volume of these cards 
will not be such that manufacturers should have to add facilities or 
staff. The cards probably will be printed as part of the PFD 
information manual that is presently required for all PFDs. Postage 
would be 20 per card if stamps are used. If the total cost for this 
requirement, including overhead, is 50 per device, the total cost to 
the industry would be only $25,000 annually if 50,000 units per year 
are produced. Comments are invited on this analysis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    The rules proposed in this notice are generally procedural, to 
enable boaters to purchase and use inflatable PFDs on their boats, only 
if they wish to do so. As discussed above the economic impact of the 
new requirements are expected to be minimal. Because it expects the 
impact of this proposal to be minimal, the Coast Guard certifies under 
5 U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection-of-information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. Collection-of-information requirements include 
reporting, recordkeeping, notification, and other, similar 
requirements.
    This proposal contains collection-of-information requirements in 
the following sections: 33 CFR part 181, subpart H. The following 
particulars apply:
    DOT No: 2115.
    OMB Control No.: 2115-0141
    Administration: U.S. Coast Guard.
    Title: Reporting and recordkeeping requirements for fire fighting 
equipment, structural fire protection materials, lifesaving equipment, 
and marine sanitation devices.
    Need for information: Registration cards are needed to enable 
manufacturers to notify first purchasers of any defects found in 
inflatable personal flotation devices.
    A Memorandum of Understanding (MOU) is needed to document the 
responsibilities of the laboratory and the responsibilities of the 
Coast Guard in relation to equipment testing, inspection, and approval.
    Proposed Use of Information: Manufacturers would use the 
registration card information to contact first purchasers of inflatable 
PFDs found to have defects.
    An MOU formally documents the responsibilities of the laboratory 
and the responsibilities of the Coast Guard in relation to equipment 
testing, inspection, and approval.
    Frequency of Response: Registration cards would be used only if a 
manufacturer's PFDs were found to have defects that required 
notification of first purchasers. No regular reporting is required.
    An MOU is required only once, when a laboratory seeks to become a 
recognized laboratory for a particular classification of equipment.
    Burden Estimate: Total annual burden for registration cards is 
approximately 1700 hours industry-wide.
    The Coast Guard estimates that no more than one MOU per year would 
be developed. Drafting of the MOU should not require more than two 
weeks of effort for one person, for an annual burden of 80 hours. 
Copies of existing MOUs may be obtained from the Coast Guard and 
modified to meet the needs of the individual laboratory and the Coast 
Guard.
    Respondents: Registration card respondents are the estimated five 
manufacturers that will produce Coast Guard approved inflatable PFDs 
for recreational boats.
    MOU respondents are laboratories that want to be recognized 
independent laboratories. The Coast Guard estimates no more than one 
MOU respondent per year.
    Form(s): No Federal forms are required.
    Average Burden Hours Per Respondent: 340 hours annually for each of 
the five manufacturers holding registration cards.
    If the average recognized laboratory enters into a new or revised 
MOU once every five years, the average annual burden would be 16 hours.
    The Coast Guard has submitted the requirements to OMB for review 
under section 3504(h) of the Paperwork Reduction Act. Persons 
submitting comments on the requirements should submit their comments 
both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. This rulemaking 
establishes and revises procedures for Coast Guard approval of 
inflatable and other PFDs. The authority to establish these 
requirements are committed to the Coast Guard by Federal statutes. 
Furthermore, since PFDs are manufactured and used in the national 
marketplace, safety standards for PFDs should be national in scope to 
avoid burdensome variances. Therefore, the Coast Guard intends for this 
rule, if adopted, to preempt State action on the same subject matter. 
[[Page 32866]] 

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. The proposal is procedural in 
nature, and contains nothing that would affect the environment.

List of Subjects

33 CFR Part 175

    Marine safety.

33 CFR Part 179

    Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 181

    Labeling, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, vessels.

46 CFR Part 159

    Business and industry, Laboratories, 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 proposes 
to amend 33 CFR parts 175, 179 and 181; and 46 CFR parts 2, 159, and 
160 as follows:

Title 33--[Amended]

PART 175--EQUIPMENT REQUIREMENTS

    1. The authority citation for part 175 continues to read as 
follows:

    Authority: 46 U.S.C. 4302; 49 CFR 1.46

    2. In Sec. 175.21, paragraph (a) is revised to read as follows:


Sec. 175.21  Condition; size and fit; approval marking.

* * * * *
    (a) In serviceable condition as provided in Sec. 175.23;
* * * * *
    3. Section 175.23 is added to read as follows:


Sec. 175.23  Serviceable condition.

    A PFD is considered to be in serviceable condition for purposes of 
Sec. 175.21(a) only if the following conditions are met:
    (a) No PFD may exhibit deterioration that could diminish the 
performance of the PFD, including--
    (1) Metal or plastic hardware used to secure the PFD on the wearer 
that is broken, deformed, or weakened by corrosion;
    (2) Webbings or straps used to secure the PFD on the wearer that 
are ripped, torn, or which have become separated from an attachment 
point on the PFD; or
    (3) Any other rotted or deteriorated structural component that 
fails when tugged.
    (b) In addition to meeting the requirements of paragraph (a) of 
this section, no inherently buoyant PFD, including the inherently 
buoyant components of a hybrid inflatable PFD, may exhibit--
    (1) Rips, tears, or open seams in fabric or coatings, that are 
large enough to allow the loss of buoyant material;
    (2) Buoyant material that has become hardened, non-resilient, 
permanently compressed, waterlogged, oil-soaked, or which shows 
evidence of fungus or mildew; or
    (3) Loss of buoyant material or buoyant material that is not 
securely held in position.
    (c) In addition to meeting the requirements of paragraph (a) of 
this section, an inflatable PFD, including the inflatable components of 
a hybrid inflatable PFD, must be equipped with--
    (1) Except as provided in paragraph (d) of this section, a properly 
armed inflation mechanism, complete with a full inflation medium 
cartridge and all status indicators showing that the inflation 
mechanism is properly armed;
    (2) Inflatable chambers that are all capable of holding air;
    (3) Oral inflation tubes that are not blocked, detached, or broken;
    (4) A manual inflation lanyard or lever that is not inaccessible, 
broken, or missing; and
    (5) Inflator status indicators that are not broken or otherwise 
non-functional.
    (d) The inflation system of an inflatable PFD need not be armed 
when the PFD is worn inflated and otherwise meets the requirements of 
paragraphs (a) and (c) of this section.

PART 179--DEFECT NOTIFICATION

    4. The authority citation for Part 179 is revised to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311; 
49 CFR 1.46.

    5. Section 179.01 is revised to read as follows:


Sec. 179.01  Purpose.

    This part prescribes rules to implement 46 U.S.C. 4310, governing 
the notification of defects in boats and associated equipment.
    6. Section 179.03 is revised to read as follows:


Sec. 179.03  Definitions.

    Associated equipment means the following equipment as shipped, 
transferred, or sold from the place of manufacture and includes all 
attached parts and accessories:
    (a) An inboard engine.
    (b) An outboard engine.
    (c) A stern drive unit.
    (d) An inflatable personal flotation device approved under 46 CFR 
160.076.
    Boat means any vessel--
    (a) Manufactured or used primarily for noncommercial use;
    (b) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (c) Engaged in the carrying of six or fewer passengers.
    Manufacturer means any person engaged in--
    (a) The manufacture, construction, or assembly of boats or 
associated equipment;
    (b) The manufacture or construction of components for boats and 
associated equipment to be sold for subsequent assembly; or
    (c) The importation into the United States for sale of boats, 
associated equipment, or components thereof.

    7. Section 179.05 is revised to read as follows:


Sec. 179.05  Manufacturer discovered defects.

    Each manufacturer who is required to furnish a notice of a defect 
or failure to comply with a standard under 46 U.S.C. 4310(b), shall 
furnish that notice within 30 days after the manufacturer discovers the 
defect or failure to comply.

    8. Section 179.07 is revised to read as follows:


Sec. 179.07  Notice given by ``more expeditious means''.

    Each manufacturer who gives notice by more expeditious means as 
provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in 
writing.

    9. In Sec. 179.09 the introductory paragraph is revised to read as 
follows:


Sec. 179.09  Contents of notification.

    Each notice required under 46 U.S.C. 4310(b) must include the 
following additional information:
* * * * *
    10. Section 179.11 is revised to read as follows:


Sec. 179.11  Defects determined by the Commandant.

    A manufacturer who is informed by the Commandant under 46 U.S.C. 
4310(f) that a boat or associated [[Page 32867]] equipment contains a 
defect relating to safety or failure to comply with a regulation issued 
under the authority of 46 U.S.C. 4302, shall within 30 days of receipt 
of the information--
    (a) Furnish the notification described in 46 U.S.C. 4310(d) to the 
persons designated in 46 U.S.C. 4310(c), or
    (b) Provide information to the Commandant by certified mail stating 
why the manufacturer believes there is no defect relating to safety or 
failure of compliance.

    11. In Sec. 179.13, paragraphs (a) introductory text, (a)(1), and 
(a)(2) are revised to read as follows:


Sec. 179.13  Initial report to the Commandant.

    (a) When a manufacturer gives a notification required under 46 
U.S.C. 4310, the manufacturer shall concurrently send to the Commandant 
by certified mail--
    (1) A true or representative copy of each notice, bulletin, and 
other communication given to persons required to be notified under 46 
U.S.C. 4310(c);
    (2) The total number of boats or items of associated equipment 
potentially affected by the defect or failure to comply with a standard 
prescribed under 46 U.S.C. 4302; and
    (3) * * *
* * * * *
    12. Section 179.17 is revised to read as follows:


Sec. 179.17  Penalties.

    Each manufacturer who fails to comply with a provision of 46 U.S.C. 
4310 or the regulations in this part, is subject to the penalties as 
prescribed in 46 U.S.C. 4311.

    13. Section 179.19 is revised to read as follows:


Sec. 179.19  Address of the Commandant.

    (a) Each report and communication sent to the Coast Guard and 
required by this part concerning boats and associated equipment other 
than inflatable personal flotation devices, must be submitted to 
Commandant (G-NAB-6),U.S. Coast Guard, 2100 Second St., S.W., 
Washington, DC 20593-0001.
    (b) Each report and communication sent to the Coast Guard and 
required by this part concerning inflatable personal flotation devices, 
must be submitted to Commandant (G-MVI-3), U.S. Coast Guard, 2100 
Second St., S.W., Washington, DC 20593-0001.

PART 181--MANUFACTURER REQUIREMENTS

    14. The authority citation for part 181 is revised to read as 
follows:

    Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.

Subpart A--General

    15. In Sec. 181.4, paragraph (b) is revised to read as follows:


Sec. 181.4  Incorporation by reference.

* * * * *
    (b) The materials approved for incorporation by reference in this 
part, and the sections affected are:

Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 
60062

UL 1123, Marine Buoyant Devices--181.703 February 17, 1995.
UL 1180, Fully Inflatable Recreational Personal--181.705

    Flotation Devices, edition 1, May 15, 1995.
    16. Section 181.702 is revised to read as follows:


Sec. 181.702  Information pamphlet: requirement to furnish.

    (a) Each manufacturer of a Type I, II, III, IV, or V personal 
flotation device (PFD) must furnish with each PFD that is sold or 
offered for sale for use on a recreational boat, an information 
pamphlet meeting the requirements of Sec. 181.703, Sec. 181.704, or 
Sec. 181.705 of this subpart, as appropriate.
    (b) No person may sell or offer for sale for use on a recreational 
boat, a Type I, II, III, IV, or V PFD unless an information pamphlet 
required by this section is attached in such a way that it can be read 
prior to purchase.

    17. Section 181.703 is revised to read as follows:


Sec. 181.703  Information pamphlet: Contents.
    Unless otherwise specified in this subpart, each information 
pamphlet must contain the information specified in sections 33, 34 and 
35 of UL 1123.

    18. Section 181.704 is added to read as follows:


Sec. 181.704  Contents of information pamphlet: Recreational hybrid 
PFD.

    Each information pamphlet for a recreational hybrid PFD approved 
under 46 CFR 160.077 must contain the information specified in 46 CFR 
160.077-27.

    19. Section 181.705 is added to read as follows:


Sec. 181.705  Contents of information pamphlet: Recreational inflatable 
PFD.

    Each information pamphlet for a recreational inflatable PFD 
approved under 46 CFR 160.077 must contain the information required by 
46 CFR 160.076-35.

    20. Subpart H is added to read as follows:
Subpart H--Registration Card for Inflatable Personal Flotation Devices
Sec.
181.801  Applicability.
181.805  Registration card.
181.810  Retention of registration cards.

Subpart H--Registration Card for Inflatable Personal Flotation 
Devices


Sec. 181.801  Applicability.

    This subpart applies to all inflatable personal flotation devices 
approved under 46 CFR 160.076.


Sec. 181.805  Registration card.

    (a) The manufacturer of each inflatable personal flotation device 
shall furnish with each such device that is sold or offered for sale, a 
postage prepaid registration card addressed to the manufacturer.
    (b) The registration card required by paragraph (a) of this section 
must be attached to the inflatable personal flotation device in the 
same manner as the instruction pamphlet required under Sec. 181.703 of 
this chapter. Alternatively, the registration card may be printed as 
part of the pamphlet, arranged to be easily separated, so that the 
pamphlet remains intact.
    (c) Each person who sells or offers for sale a new inflatable 
personal flotation device, shall ensure that the registration card is 
attached at the time of purchase unless the seller of an inflatable 
personal flotation device prepares and mails the registration card for 
the purchaser.
    (d) The following information must be provided on or with the 
registration card:
    (1) A statement that the manufacturer is required by federal law to 
maintain information on first purchasers of inflatable personal 
flotation devices intended for use on recreational boats.
    (2) A statement urging the purchaser to complete and mail this 
registration card to enable the manufacturer to notify the purchaser of 
any important safety information concerning the device.
    (3) A statement encouraging the purchaser to notify the 
manufacturer of any change in the owner's name or address, should such 
a change occur in the future.
    (4) A statement indicating that a purchaser of more than one device 
of the same model only needs to complete and mail one registration 
card.
    (e) The registration card must include the following:
    (1) Spaces for the purchaser's name, address, telephone number, and 
date of purchase. [[Page 32868]] 
    (2) A way to indicate the quantity of the particular make and model 
of device purchased.
    (3) Other information needed by the manufacturer to identify the 
manufacturing lot or serial numbers of the devices purchased.


Sec. 181.810  Retention of registration cards.

    The manufacturer shall retain each completed registration card for 
a period of at least five years after it is received.

TITLE 46--[AMENDED]

PART 2--VESSEL INSPECTIONS

    21. The authority citation for part 2 is revised to read as 
follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; 
E.O. 12334, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 2.45 
also issued under the authority of Act Dec. 27, 1950, Ch. 1155, 
secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1).

    22. In Sec. 2.75-1, paragraph (f) is revised to read as follows:


Sec. 2.75-1  Approvals.

* * * * *
    (f) A listing of current and formerly approved equipment and 
materials is published by the Coast Guard from time to time in 
``Equipment Lists'' (COMDTINST M16714.3 series), which is available for 
sale from the Superintendent of Documents, Government Printing Office.


Sec. 2.75-17  [Removed]

    23. Section 2.75-17 is removed.


Sec. 2.75-18  [Removed]

    24. Section 2.75-18 is removed.


Sec. 2.75-19  [Removed]

    25. Section 2.75-19 is removed.


Sec. 2.75-20  [Removed]

    26. Section 2.75-20 is removed.


Sec. 2.75-30  [Removed]

    27. Section 2.75-30 is removed.
    28. In Sec. 2.75-50, the section heading and paragraph (a) are 
revised and a new paragraph (c) is added to read as follows:


Sec. 2.75-50  Withdrawals or terminations of approvals and appeals.

    (a) The Commandant may withdraw approval for any item which is 
found not to be in compliance with the conditions of approval, found to 
be unsuitable for its intended purpose, or does not meet the 
requirements of applicable regulations.
* * * * *
    (c) Any person directly affected by a decision to deny, withdraw, 
or terminate an approval may appeal the decision to the Chief of the 
Office of Marine Safety, Security, and Environmental Protection 
(Commandant (G-M)) as provided in Sec. 1.03-15 of this chapter.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

    29. The authority citation for part 159 is revised to readas 
follows:

    Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section 
159.001-9 also issued under the authority of 44 U.S.C. 3507.

    30. Section 159.001-2 is revised to read as follows:


Sec. 159.001-2  Right of appeal.

    Any person directly affected by a decision or action taken under 
this subchapter, by or on behalf of the Coast Guard, may appeal to the 
Chief of the Office of Marine Safety, Security, and Environmental 
Protection (Commandant (G-M)) as provided in Sec. 1.03-15 of this 
chapter.

    31. Section 159.001-3 is revised to read as follows:


Sec. 159.001-3  Definitions.

    As used in this part:
    Classification society means an organization involved in the 
inspection of ships and ship equipment, and which, as determined by the 
Commandant, meets the standards in IMO Resolution A.739(18).
    Independent laboratory means an organization which meets the 
standards for acceptance in Sec. 159.010-3 of this part, and which is 
accepted by the Coast Guard for performing certain tests and 
inspections. In addition to commercial testing laboratories, the 
Commandant may also accept classification societies and agencies of 
governments that are involved in the inspection and testing of marine 
safety equipment that meet the requirements of Sec. 159.010-3.
    Memorandum of Understanding (MOU) is an agreement between the Coast 
Guard and a laboratory that specifies the approval functions a 
recognized independent laboratory performs for the Coast Guard and the 
recognized independent laboratory's working arrangements with the Coast 
Guard.
    Recognized independent laboratory means an independent laboratory 
which meets the standards of Sec. 159.010-3, and is accepted by the 
Coast Guard to perform certain equipment approval functions on behalf 
of the Coast Guard, as described in a Memorandum of Understanding 
signed by the laboratory and the Coast Guard in accordance with 
Sec. 159.010-9(b).

    32. Section 159.001-4 is added to read as follows:


Sec. 159.001-4  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in paragraph (b) of this section, the Coast Guard must 
publish notice of change in the Federal Register; and the material must 
be available to the public. All approved material is available for 
inspection at the Office of the Federal Register, 800 North Capitol 
Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard, 
Survival Systems Branch (G-MVI-3), 2100 Second Street SW, Washington, 
DC 20593-0001, and is available from the sources indicated in paragraph 
(b) of this section.
    (b) The material approved for incorporation by reference in this 
part (subchapter) and the sections affected are as follows:

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London SE1 7SR, England
Resolution A.739(18), Guidelines for the Authorization of Organizations 
Acting on Behalf of the Administration, November 22, 1993--159.001-3

    33. Section 159.001-5 is revised to read as follows:


Sec. 159.001-5  Correspondence and applications.

    Unless otherwise specified, all correspondence and applications in 
connection with approval and testing of equipment and materials must be 
addressed to: Commandant (G-MVI), U.S. Coast Guard, 2100 Second St., 
S.W., Washington, DC 20593-0001, Telephone: (202) 267-1444, Facsimile: 
(202) 267-1069, Electronic mail: ``MVI-3/G-M[email protected]''.

Subpart 159.005--Approval Procedures

    34. In Sec. 159.005-13, paragraph (a)(4) is revised to readas 
follows:


Sec. 159.005-13  Equipment or material: approval.

    (a) * * *
    (4) Publishes a record of the approval in ``Equipment Lists.'' The 
most recent edition of ``Equipment Lists'' U.S. Coast Guard Publication 
M16714.3 (series) is available from the Superintendent of Documents, 
U.S. Government Printing [[Page 32869]] Office, P.O. Box 371954, 
Pittsburgh, PA 15250-7954.
* * * * *
    35. The title of subpart 159.010 is revised to read as follows:

Subpart 159.010--Independent Laboratory: Acceptance, Recognition, 
and Termination

    36. Section 159.010-1 is revised to read as follows:


Sec. 159.010-1  Purpose.

    This subpart contains the following:
    (a) The standards and procedures under which the Coast guard 
accepts an independent laboratory that a manufacturer proposes to use.
    (b) The standards and procedures under which a laboratory is 
accepted as a recognized laboratory under applicable subparts.
    (c) The circumstances under which the acceptance or recognition of 
a laboratory is terminated.

    37. Section 159.010-5 is revised to read as follows:


Sec. 159.010-5  Independent laboratory: application for acceptance.

    (a) Each application for acceptance of an organization as an 
independent laboratory must contain the following:
    (1) The name and address of the organization.
    (2) A list of the equipment or material that the organization would 
inspect, or test, or both, under this subchapter.
    (3) A description of the organization's experience and its 
qualifications for conducting the inspections and tests required in the 
applicable subpart.
    (4) A description of the apparatus and facilities available to the 
organization for conducting those inspections and tests.
    (5) If instruments are used in the required tests and inspections, 
a description of the instrument calibration program applying to those 
instruments.
    (6) The position titles of personnel who are to perform, supervise, 
or witness those inspections or tests, along with the training and 
experience required for personnel in those positions.
    (7) A statement signed by the chief officer of the organization or 
the chief officer's representative, that an official representative of 
the Coast Guard is allowed access to the place where tests and 
inspections take place, to verify the information submitted in the 
application, or to witness tests and inspections.
    (b) Each application for acceptance as an independent laboratory 
from an organization that is not submitted by an agency of another 
government, or a classification society, must also contain the 
following:
    (1) The name and address of each subsidiary and division of the 
organization or a statement that none are involved in the testing or 
manufacturing of equipment approved under this subchapter.
    (2) The name, title, address, and principal business activity of 
each of the organization's officers and directors, and the name, 
address, and principal business activity of each person, company, or 
corporation that owns at least three-percent interest in the 
organization or in a company or corporation that controls the 
organization.


Sec. 159.010-7  [Removed]

    38. Section 159.010-7 is removed.
    39. Section 159.010-9 is revised to read as follows:


Sec. 159.010-9  Recognized independent laboratory: Memorandum of 
Understanding.

    (a) Only laboratories that have entered into an MOU with the Coast 
Guard may perform the functions of a recognized laboratory under this 
chapter.
    (b) An independent laboratory seeking to become a recognized 
independent laboratory must submit a signed MOU to the Commandant that 
includes--
    (1) A statement of purpose;
    (2) An identification and description of the parties involved;
    (3) A description of the problem resolution and appeals processes;
    (4) A description of the process for measuring effectiveness and 
efficiency of the program under the MOU;
    (5) The effective date of the MOU and terms for its termination;
    (6) A statement to the effect that the MOU is not an exclusive 
agreement between the recognized independent laboratory and the Coast 
Guard;
    (7) An agreement to conduct comparison testing with other 
recognized laboratories as directed by the Coast Guard, no more often 
than twice each year, with the laboratory bearing the cost of sample 
acquisition and testing;
    (8) A statement as to how the costs of implementing the MOU will be 
borne; and
    (9) A description of each party's responsibilities for--
    (i) Equipment review and approval;
    (ii) Coast Guard oversight of the recognized independent 
laboratory's procedures and processes;
    (iii) Coordination between the parties;
    (iv) Developing and maintaining regulations and standards;
    (v) Handling review and approval of new and novel items not 
anticipated by existing regulations and standards;
    (vi) Testing and inspection facilities and procedures;
    (vii) Production quality control; and
    (viii) Maintenance of records.
    (c) The signature on the MOU required by paragraph (b) of this 
section must be that of the chief officer of the independent laboratory 
or the chief officer's representative. The Commandant or an authorized 
representative of the Commandant will review the MOU to ensure it 
contains the information contained in paragraph (b) of this section and 
is consistent with other MOUs signed by the Commandant. If the 
Commandant determines that the MOU is acceptable and the independent 
laboratory is capable of carrying out the functions identified in the 
MOU, the Commandant or authorized representative will sign the MOU. 
Where qualitative tests or determinations are required for approval or 
follow-up, provision must be made for conducting comparison tests with 
other recognized laboratories.
    (d) Copies of MOUs signed by the Commandant in accordance with this 
part and of lists of independent laboratories which have been accepted 
as recognized laboratories but which have not yet been added to the 
lists included in this subchapter may be obtained at the address listed 
in Sec. 159.001-5.


Sec. 159.010-11  [Removed]

    40. Section 159.010-11 is removed.
    41. Section 159.010-17 is revised to read as follows:


Sec. 159.010-17  Changes in the laboratory's qualifications.

    (a) If any of the information submitted under Sec. 159.010-5(a) 
changes, the laboratory shall notify the Commandant in writing of each 
change within 30 days after the change has occurred.
    (b) If any change in the independent laboratory occurs which 
affects its performance under the MOU required under Sec. 159.010-9, 
the laboratory shall notify the Commandant in writing within 30 days 
after the change occurs. The Commandant may terminate the MOU, or may 
require amendments or revisions.

    42. Section 159.010-19 is revised to read as follows:


Sec. 159.010-19  Termination of acceptance or recognition of an 
independent laboratory.

    The acceptance or recognition of a laboratory terminates if the 
laboratory--
    (a) Requests termination;
    (b) Is no longer in business; [[Page 32870]] 
    (c) Knowingly fails to perform or supervise an inspection or test, 
or both, as required in an applicable subpart;
    (d) Knowingly attests to the lack of errors, omissions, or false 
statement of an approval test report that contains errors, omissions, 
or false statements;
    (e) Does not meet the requirements of Sec. 159.010-3(a);
    (f) Does not comply with Sec. 159.010-17;
    (g) Contracts or transfers the performance or supervision of 
required inspections or tests to another laboratory or person without 
the approval of the Commandant; or
    (h) Fails to, or in the opinion of the Commandant is unable to, 
carry out its responsibilities under an MOU required by Sec. 159.010-9.

    43. In Sec. 159.010-21, the section heading and paragraph (a) are 
revised to read as follows:


Sec. 159.010-21  Termination of acceptance or recognition: Procedure.

    (a) If the Coast Guard receives evidence of grounds for termination 
of acceptance or recognition of an independent laboratory under 
Sec. 159.010-19, the Commandant will notify the laboratory that 
termination is under consideration. The notification will specify the 
reasons for which termination is considered. If a deficiency could 
materially affect the validity of an approval issued under an 
applicable subpart, the Commandant may immediately suspend the 
acceptance of the laboratory and may direct the holder of the 
certificate of approval to cease claiming that the items tested or 
inspected by the laboratory are Coast Guard approved, pending a final 
decision in the matter. The Commandant may direct an investigation into 
the matter.
* * * * *

PART 160--LIFESAVING EQUIPMENT

    44. The authority citation for Part 160 continues to read as 
follows:

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

Subpart 160.021--Hand Red Flare Distress Signals


Sec. 160.021-9  [Removed]

    45. Section 160.021-9 is removed.
Subpart 160.022--Floating Orange Smoke Distress Signals (5 Minutes)


Sec. 160.022-9  [Removed]

    46. Section 160.022-9 is removed.

Subpart 160.023--Hand Combination Flare and Smoke Distress Signals


Sec. 160.023-9  [Removed]

    47. Section 160.023-9 is removed.

Subpart 160.024--Pistol-Projected Parachute Red Flare Distress 
Signals


Sec. 160.024-9  [Removed]

    48. Section 160.024-9 is removed.

Subpart 160.028--Signal Pistols for Red Flare Distress Signals


Sec. 160.028-9  [Removed]

    49. Section 160.028-9 is removed.

Subpart 160.031--Line-Throwing Appliance, Shoulder Gun Type (and 
Equipment)


Sec. 160.031-9  [Removed]

    50. Section 160.031-9 is removed.

Subpart 160.036--Hand-Held Rocket-Propelled Parachute Red Flare 
Distress Signals


Sec. 160.036-9  [Removed]

    51. Section 160.036-9 is removed.

Subpart 160.037--Hand Orange Smoke Distress Signals


Sec. 160.037-9  [Removed]

    52. Section 160.037-9 is removed.

Subpart 160.040--Line-Throwing Appliance, Impulse-Projected Rocket 
Type (and Equipment)


Sec. 160.040-9  [Removed]

    53. Section 160.040-9 is removed.

Subpart 160.047--Specifications for a Buoyant Vest, Kapok, or 
Fibrous Glass, Adult and Child


Sec. 160.047-6a  [Removed]

    54. Section 160.047-6a is removed.


Sec. 160.047-6b  [Removed]

    55. Section 160.047-6b is removed.


Sec. 160.047-6c  [Removed]

    56. Section 160.047-6c is removed.
    57. Section 160.047-7 is revised to read as follows:


Sec. 160.047-7  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter, to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.047-9  [Removed]

    58. Section 160.047-9 is removed.


Sec. 160.047-10  [Removed]

    59. Section 160.047-10 is removed.

Subpart 160.048--Specification for a Buoyant Cushion, Fibrous Glass


Sec. 160.048-7  [Amended]

    60. In Sec. 160.048-7, remove paragraphs (a) and (d) and 
redesignate paragraphs (b), (c) and (e) as (a), (b) and (c), 
respectively.


Sec. 160.048-7a  [Removed]

    61. Section 160.048-7a is removed.
    62. Section 160.048-8 is revised to read as follows:


Sec. 160.048-8  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter, to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.048-9  [Removed]

    63. Section 160.048-9 is removed.


Sec. 160.048-10  [Removed]

    64. Section 160.048-10 is removed.

Subpart 160.049--Specification for a Buoyant Cushion, Plastic Foam


Sec. 160.049-7  [Amended]

    65. In Sec. 160.049-7, revise the heading, remove paragraphs (a) 
and (d), and redesignate paragraphs (b), (c) and (e) as 
[[Page 32871]] paragraphs (a), (b) and (c), respectively, to read as 
follows:


Sec. 160.049-7  Procedure for approval.

* * * * *


Sec. 160.049-7a  [Removed]

    66. Section 160.049-7a is removed.
    67. Section 160.049-8 is revised to read as follows:


Sec. 160.049-8  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter, to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.049-9  [Removed]

    68. Section 160.049-9 is removed.


Sec. 160.049-10  [Removed]

    69. Section 160.049-10 is removed.

Subpart 160.052--Specification for a Buoyant Vest, Unicellular 
Plastic Foam, Adult and Child


Sec. 160.052-8a  [Removed]

    70. Section 160.052-8a is removed.


Sec. 160.052-8b  [Removed]

    71. Section 160.052-8b is removed.


Sec. 160.052-8c  [Removed]

    72. Section 160.052-8c is removed.
    73. Section 160.052-9 is revised to read as follows:


Sec. 160.052-9  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter, to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.052-11  [Removed]

    74. Section 160.052-11 is removed.


Sec. 160.052-12  [Removed]

    75. Section 160.052-12 is removed.

Subpart 160.057--Floating Orange Smoke Distress Signals (15 
Minutes)


Sec. 160.057-9  [Removed]

    76. Section 160.057-9 is removed.

Subpart 160.060--Specification for a Buoyant Vest, Unicellular 
Polyethylene Foam, Adult and Child


Sec. 160.060-8a  [Removed]

    77. Section 160.060-8a is removed.


Sec. 160.060-8b  [Removed]

    78. Section 160.060-8b is removed.


Sec. 160.060-8c  [Removed]

    79. Section 160.060-8c is removed.
    80. Section 160.060-9 is revised to read as follows:


Sec. 160.060-9  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter, to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.060-11  [Removed]

    81. Section 160.060-11 is removed.


Sec. 160.060-12  [Removed]

    82. Section 160.060-12 is removed.

Subpart 160.064--Marine Buoyant Devices
Sec. 160.064-5  [Removed]

    83. Section 160.064-5 is removed.


Sec. 160.064-5a  [Removed]

    84. Section 160.064-5a is removed.


Sec. 160.064-5b  [Removed]

    85. Section 160.064-5b is removed.
    86. Section 160.064-7 is revised to read as follows:


Sec. 160.064-7  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-9 of this chapter to perform testing and approval 
functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.064-8  [Removed]

    87. Section 160.064-8 is removed.


Sec. 160.064-9  [Removed]

    88. Section 160.064-9 is removed.

Subpart 160.066--Distress Signal for Boats, Red Aerial Pyrotechnic 
Flare

    89. In Sec. 160.066-11, paragraph (c) is revised to read as 
follows:


Sec. 160.066-11  Approval procedures.

* * * * *
    (c) The approval tests must be performed by an independent 
laboratory accepted by the Commandant under Subpart 159.010 of this 
chapter.


Sec. 160.066-18  [Removed]

    90. Section 160.066-18 is removed.

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

    91. Section 160.077-9 is revised to read as follows:


Sec. 160.077-9  Recognized Laboratory.

    (a) A manufacturer seeking Coast Guard approval of a product under 
this subpart shall follow the approval procedures of subpart 159.005 of 
this [[Page 32872]] chapter, and shall apply for approval directly to a 
recognized independent laboratory. The following laboratories are 
recognized under Sec. 159.010-9 of this chapter, to perform testing and 
approval functions under this subpart:
    Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, 
Research Triangle Park, NC 27709-3995, (919) 549-1400.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.

    Dated: June 1, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 95-15076 Filed 6-22-95; 8:45 am]
BILLING CODE 4910-14-P