[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