[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13924-13931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7302]




[[Page 13923]]

_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



33 CFR Part 175, et al.



46 CFR Part 2, et al.



Approval of Inflatable Personal Flotation Devices (PFDs) for 
Recreational Boaters and Standards; Final Rules

  Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 / Rules 
and Regulations  

[[Page 13924]]


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: Final rule.

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

SUMMARY: As part of the Presidential Regulatory Reform Initiative, the 
Coast Guard is establishing approval procedures for recreational 
inflatable personal flotation devices (PFDs), designating recreational 
inflatable PFDs as ``associated equipment'' for purposes of defect 
notification, revising the approval procedures for other kinds of 
recreational PFDs, and making 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: This rule is effective on April 29, 1996. The Director of the 
Federal Register approves as of April 29, 1996 the incorporation by 
reference of certain publications listed in the regulations.

FOR FURTHER INFORMATION CONTACT:
Mr. Kurt J. Heinz, Marine Safety and Environmental Protection 
Directorate, Lifesaving and Fire Safety Standards Branch (G-MMS-4), 
telephone (202) 267-1444, facsimile (202) 267-1069, or electronic mail 
``Kurt____Heinz/[email protected]''.

SUPPLEMENTARY INFORMATION:

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 ANPRM addressed 
structural and performance standards for inflatable PFDs, and 
procedures for approval and carriage requirements. On June 23, 1995, 
the Coast Guard published a notice of proposed rulemaking (NPRM) 
entitled ``Approval of Inflatable Personal Flotation Devices (PFDs) for 
Recreational Boaters'' in the Federal Register (60 FR 32861). The Coast 
Guard received 3 letters commenting on the NPRM. No public hearing was 
requested and none was held.

Background and Purpose

    In the same Federal Register as the NPRM for this rulemaking, the 
Coast Guard published an interim rule (IR) containing structural and 
performance standards for recreational inflatable personal flotation 
devices (60 FR 32836). Limited procedures to allow for approval of 
these devices were included in the IR. The NPRM for this rulemaking 
proposed, as part of the Presidential Regulatory Reform Initiative, a 
reinvention of the process for approval of inflatable and other PFDs 
for recreational boats. The proposed rules would remove duplicative 
requirements from multiple subparts dealing with various types of PFDs, 
and allow for wider participation of independent laboratories in the 
approval process. These proposed rules were not published as part of 
the IR because they may affect the approval of other types of PFDs to a 
limited extent and the public had not yet had a chance to fully 
participate in their development.

Discussion of Comments and Changes

    The NPRM proposed to designate inflatable PFDs as ``associated 
equipment'' in 33 CFR Part 179 in accordance with 46 U.S.C. 4310. The 
effect of this designation would be to require manufacturers to 
establish and maintain a list of first purchasers of inflatable PFDs, 
and to notify those purchasers of any defects which have been 
discovered after the PFDs have been produced and sold.
    Comments on this proposed provision were received from two PFD 
manufacturers and from the association representing PFD manufacturers. 
All three comments opposed the proposal. The association's comment 
suggested that designation of inflatable PFDs as ``associated 
equipment'' would place an inappropriate and inconsistent burden on 
inflatable PFDs in relation to requirements for other items of personal 
protection equipment. The two manufacturers' comments noted that the 
designation of inflatable PFDs as ``associated equipment'' did not 
appear to be consistent with the items which are currently so 
designated, i.e., inboard and outboard engines and stern drive units.
    The Coast Guard does not agree with the comments which opposed 
designation of inflatable PFDs as ``associated equipment'' based solely 
on perceived similarity, or lack of similarity, to existing equipment. 
In the recreational boating arena, approved inflatable PFDs are an 
entirely new class of equipment with which the Coast Guard and the 
boating public have had little practical experience. The Coast Guard is 
concerned that as manufacturers begin producing approved inflatable 
PFDs for the recreational boating market for the first time, there may 
be latent defects in manufacturing or materials introduced into the 
product which would become apparent only after extended use and 
exposure in the marine environment. The provisions in 46 U.S.C. 
4310(c)(1)(A) for notification of first purchasers of ``associated 
equipment'' in the event of known defects or failures of compliance 
would facilitate the widespread introduction of inflatable PFDs into 
this unfamiliar market with a minimum of risk to both users and 
manufacturers. The designation of inflatable PFDs for recreational 
boats as ``associated equipment'' complements the ``Recreational 
Inflatable Personal Flotation Device Standards'' final rule published 
elsewhere in today's Federal Register, which allows for approval of 
these devices with a minimum of restrictions or conditions. 
Consequently, 33 CFR 179.03, paragraph (d) under ``Associated 
equipment'' is retained as proposed in the NPRM. Because this provision 
is intended only to manage the risk involved in the introduction of a 
new product to a generally inexperienced market, the Coast Guard will 
re-evaluate it five years from the effective date of these regulations 
and remove it if it determines it is no longer necessary. As was 
discussed in the NPRM, these regulations (like all regulations 
affecting recreational boats) are reviewed periodically at public 
meetings of the National Boating Safety Advisory Council (NBSAC).
    The NPRM proposed that as a means of developing and maintaining a 
list of first purchasers, PFD manufacturers be required to provide a 
postage-paid product registration card with each inflatable PFD, and to 
retain the returned cards on file for five years. Two comments from PFD 
manufacturers opposed the requirement, in proposed new Subpart H of 33 
CFR Part 181, for PFD manufacturers to provide a postage-paid 
registration card with each inflatable PFD sold. The comments cited the 
burden and expense associated with the provision of such cards.
    In response to the comments, the Coast Guard has decided not to 
include the proposed 33 CFR Part 181, Subpart H in this final rule. 
With the designation of inflatable PFDs as ``Associated equipment'' in 
the new 33 CFR 179.05, PFD manufacturers will be expected to ``exercise 
reasonable diligence in establishing and maintaining a list of

[[Page 13925]]
(first) purchasers and their current addresses.'' The Coast Guard 
acknowledges that there are other suitable means of accomplishing this 
end than by a mandated postage-paid card to be filled in by the first 
retail purchaser. PFD manufacturers may arrange for assistance of 
dealers and distributors in obtaining information concerning first 
purchasers, or provide for toll-free telephone or on-line registration 
by first purchasers. The removal of the postage-paid postcard 
requirement gives manufacturers flexibility to adopt the means best 
suited to their individual situations.
    There are no comments on any of the other proposals in the NPRM. 
Those proposals were discussed in detail in the preamble to the NPRM, 
and are being adopted in this final rule with only minor editorial 
refinements and corrections, such as updating of Coast Guard staff 
symbols to reflect a recent Coast Guard reorganization.
    The only substantive addition not specifically proposed in the NPRM 
is to redesignated 46 CFR 159.010-19, which specifies procedures for 
termination of acceptance or recognition of laboratories. Since 
termination of acceptance or recognition of a laboratory by the 
Commandant constitutes a final agency action, procedural measures have 
been added to ensure that such action cannot be taken by the Commandant 
without due process.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
33 CFR 181.4 and 46 CFR 159.001-4 for incorporation by reference under 
5 U.S.C. 552 and 1 CFR part 51. The material is available as indicated 
in those sections.

Regulatory Evaluation

    This rulemaking 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 rulemaking to 
be so minimal that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. These 
rules are generally procedural, enabling boaters to purchase and use 
inflatable PFDs on their boats if they wish to do so. The only rule 
that will require affected parties to do something they are not already 
doing is the designation of inflatable PFDs as ``associated 
equipment'', which will require that manufacturers ``exercise due 
diligence in establishing and maintaining a list of (first) purchasers 
and their current addresses.'' Compliance with this requirement can be 
as simple as maintenance of returned postage-prepaid registration 
cards, as was proposed in the NPRM. Since that specific requirement is 
not included in this final rule, manufacturers will have flexibility to 
comply with the statutory requirement in the least burdensome manner 
for their particular circumstances. The total cost for this 
requirement, including overhead, is expected to be no more than 
50 cents per device, resulting in a total cost to the industry of only 
$25,000 annually if 50,000 units per year are produced.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rulemaking 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.
    These rules are generally procedural, enabling boaters to purchase 
and use inflatable PFDs on their boats if they wish to do so. As 
discussed above, the economic impact of the new requirements is 
expected to be minimal, and no comments were received concerning the 
impact of this rulemaking on small entities. Therefore, the Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this rule will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). The Coast Guard will publish a 
notice in the Federal Register when they have been approved. The 
section number is 46 CFR 159.010-7.

Federalism

    The Coast Guard has analyzed this rulemaking under the principles 
and criteria contained in Executive Order 12612 and has determined that 
it 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 is 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, this rule preempts State action on the same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
rulemaking and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this rulemaking is categorically excluded from 
further environmental documentation. This rulemaking 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

    Incorporation by Reference, 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, Incorporation by Reference, 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 amends 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.
    
[[Page 13926]]

    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:
    (1) An inboard engine.
    (2) An outboard engine.
    (3) A stern drive unit.
    (4) An inflatable personal flotation device approved under 46 CFR 
160.076.
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Engaged in the carrying of six or fewer passengers.
    Manufacturer means any person engaged in--
    (1) The manufacture, construction, or assembly of boats or 
associated equipment;
    (2) The manufacture or construction of components for boats and 
associated equipment to be sold for subsequent assembly; or
    (3) 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 or regulation under 46 U.S.C. 
4310(b), shall furnish that notice within 30 days after the 
manufacturer discovers or acquires information of 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 equipment contains a defect relating 
to safety or failure to comply with a standard or 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.
    10a. 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 manufacturer's best estimate of the total number of boats 
or items of associated equipment potentially affected by the defect or 
failure to comply with a standard or regulation prescribed under 46 
U.S.C. 4302; and
* * * * *
    11. 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.
    12. Section 179.19 is revised to read as follows:
    
[[Page 13927]]



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-OPB-3), U.S. Coast Guard, 2100 Second St., SW., 
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-MMS-4), U.S. Coast Guard, 2100 
Second St. SW., Washington, DC 20593-0001.

PART 181--MANUFACTURER REQUIREMENTS

    13. 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

    14. 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.

Subpart G--Instruction Pamphlet For Personal Flotation Devices

    15. 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.
    16. 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.
    17. 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.
    18. 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 160.076 must contain the information required by 
46 CFR 160.076-35.

Title 46--[Amended]

PART 2--VESSEL INSPECTIONS

    19. 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).

    20. 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]

    21. Section 2.75-17 is removed.


Sec. 2.75-18  [Removed]

    22. Section 2.75-18 is removed.


Sec. 2.75-19  [Removed]

    23. Section 2.75-19 is removed.


Sec. 2.75-20  [Removed]

    24. Section 2.75-20 is removed.


Sec. 2.75-30  [Removed]

    25. Section 2.75-30 is removed.
    26. 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 Director of 
Marine Safety and Environmental Protection (Commandant (G-M)) as 
provided in Sec. 1.03-15 of this chapter.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

    27. The authority citation for part 159 is revised to read as 
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.

    28. 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 
Director of Marine Safety and Environmental Protection (Commandant (G-
M)) as provided in Sec. 1.03-15 of this chapter.
    29. 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

[[Page 13928]]
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. 159.010-7(b).
    30. Section 159.001-4 is added to read as follows:


Sec. 159.001-4  Incorporation by reference.

    (a) Certain materials 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, 
Lifesaving and Fire Safety Standards Branch (G-MMS-4), 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.
    31. 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-MMS-4), U.S. Coast Guard, 2100 Second 
Street SW, Washington, DC 20593-0001, Telephone: (202) 267-1444, 
Facsimile: (202) 267-1069, Electronic mail: MVI-3/[email protected].

Subpart 159.005--Approval Procedures

    32. In Sec. 159.005-13, paragraph (a)(4) is revised to read as 
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 Office, P.O. Box 371954, Pittsburgh, PA 15250-
7954.
* * * * *
    33. The title of subpart 159.010 is revised to read as follows:

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

    34. 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.
    35. 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 upon request 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 
that is not submitted by an agency of a state or another national 
government, or by 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.
    (3) 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]

    36. Section 159.010-7 is removed.


Sec. 159.010-9  [Redesignated as Sec. 159.010-7]

    37. Section 159.010-9 is redesignated 159.010-7, and revised to 
read as follows:


Sec. 159.010-7  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;
    
[[Page 13929]]

    (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
    (vii) 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 that it 
contains the information required by paragraph (b) of this section, and 
that the substantive provisions submitted in compliance with that 
paragraph are equivalent to those contained in 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 equipment 
approval functions identified in the MOU in accordance with all 
appropriate requirements, the Commandant or authorized representative 
may at his discretion 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]

    38. Section 159.010-11 is removed.


Sec. 159.010-17  [Redesignated as Sec. 159.010-11]

    39. Section 159.010-17 is redesignated 159.010-11, and revised to 
read as follows:


Sec. 159.010-11  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. 159.010-7, 
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.


Sec. 159.010-19  [Redesignated Sec. 159.010-17]

    40. Section 159.010-19 is redesignated 159.010-17, and revised to 
read as follows:


Sec. 159.010-17  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;
    (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. 159.010-11;
    (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. 159.010-7.


Sec. 159.010-21  [Redesignated as Sec. 159.010-19]

    41. Section 159.010-21 is redesignated 159.010-19, and revised to 
read as follows:


Sec. 159.010-19  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. 159.010-17, the Commandant will notify the laboratory that 
termination is under consideration. The laboratory may submit written 
comments to the Commandant within 21 days of receipt of the 
notification. The Commandant will take all timely written comments into 
account before taking final action in the matter, and in no case will 
the Commandant take final action until at least 30 days after the 
laboratory has received the notification. Any final action taken by the 
Commandant is final agency action on the matter.
    (b) If a deficiency could materially affect the validity of an 
approval issued under an applicable subpart, the Commandant may 
temporarily 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.

PART 160--LIFESAVING EQUIPMENT

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

    Authority: 46 U.S.C. 2103, 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]

    44. Section 160.021-9 is removed.

Subpart 160.022--Floating Orange Smoke Distress Signals (5 Minutes)


Sec. 160.022-9  [Removed]

    43. Section 160.022-9 is removed.

Subpart 160.023--Hand Combination Flare and Smoke Distress Signals


Sec. 160.023-9  [Removed]

    44. Section 160.023-9 is removed.

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


Sec. 160.024-9  [Removed]

    45. Section 160.024-9 is removed.

Subpart 160.028--Signal Pistols For Red Flare Distress Signals


Sec. 160.028-9  [Removed]

    46. Section 160.028-9 is removed.

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


Sec. 160.031-9  [Removed]

    47. Section 160.031-9 is removed.

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


Sec. 160.036-9  [Removed]

    48. Section 160.036-9 is removed.

Subpart 160.037--Hand Orange Smoke Distress Signals


Sec. 160.037-9  [Removed]

    49. Section 160.037-9 is removed.

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


Sec. 160.040-9  [Removed]

    50. Section 160.040-9 is removed.
    
[[Page 13930]]


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


Sec. 160.047-6a  [Removed]

    51. Section 160.047-6a is removed.


Sec. 160.047-6b  [Removed]

    52. Section 160.047-6b is removed.


Sec. 160.047-6c  [Removed]

    53. Section 160.047-6c is removed.
    54. 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. 159.010-7 of this part, 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]

    55. Section 160.047-9 is removed.


Sec. 160.047-10  [Removed]

    56. Section 160.047--10 is removed.

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


Sec. 160.048-7  [Amended]

    57. Section 160.048-7, removed paragraphs (a) and (b) and 
redesignate paragraphs (b), (c), and (e) as (a), (b), and (c) 
respectively.


Sec. 160.048-7a  [Removed]

    58. Section 160.048-7a is removed.
    59. 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. 159.010-7 of this part, 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 performed production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec. 160.048-9  [Removed]

    60. Section 160.048-9 is removed.


Sec. 160.048-10  [Removed]

    61. Section 160.048-10 is removed.

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

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


Sec. 160.049-7  Procedure for approval


Sec. 160.049-7a  [Removed]

    63. Section 160.049-7a is removed.
    63. Section 160.049-8 is revised to read a 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. 159.010-7 of this part, 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]

    65. Section 160.049-9 is removed.


Sec. 160.049-10  [Removed]

    66. 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]

    67. Section 160.052-8a is removed.


Sec. 160.052-8b  [Removed]

    68. Section 160.052-8b is removed.


Sec. 160.052-8c  [Removed]

    69. Section 160.052-8c is removed.
    70. 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. 159.010-7 of this part, 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]

    71. Section 160.052-11 is removed.


Sec. 160.052-12  [Removed]

    72. Section 160.052-12 is removed.

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


Sec. 160.057-9  [Removed]

    73. 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]

    74. Section 160.060-8a is removed.


Sec. 160.060-8b  [Removed]

    77. Section 160.060-8b is removed.


Sec. 160.060-8c  [Removed]

    75. Section 160.060-8c is removed.
    76. 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

[[Page 13931]]
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. 159.010-7 of this part, 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]

    77. Section 160.060-11 is removed.


Sec. 160.060-12  [Removed]

    78. Section 160.060-12 is removed.

Subpart 160.064--Marine Buoyant Devices


Sec. 160.064-5  [Removed]

    79. Section 160.064-5 is removed.


Sec. 160.064-5a  [Removed]

    80. Section 160.064-5a is removed.


Sec. 160.064-5b  [Removed]

    81. Section 160.064-5b is removed.
    82. 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. 159.010-7 of this part, 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]

    83. Section 160.064-8 is removed.


Sec. 160.064-9  [Removed]

    84. Section 160.064-9 is removed.

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

    85. 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]

    86. Section 160.066-18 is removed.

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

    87. 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 159.055 of 
this chapter, and shall apply for approval directly to a recognized 
independent laboratory. The following laboratories are recognized under 
Sec. 159.010-7 of this part, 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: March 20, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security 
and Environmental Protection.
[FR Doc. 96-7302 Filed 3-27-96; 8:45 am]
BILLING CODE 4910-14-M