Hybrid PFD's; Establishment of Approval Requirements

Federal RegisterJan 18, 1994

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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 25 and 160

[CGD 78-174]

RIN 2115-AA29

Hybrid PFD's; Establishment of Approval Requirements

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On August 22, 1985 the Coast Guard published an interim final

rule (IFR) in the Federal Register (50 FR 33923) which established

structural and performance standards and procedures for approval of

hybrid inflatable personal flotation devices (PFD). This IFR allowed

the approval of several hybrid PFD's but not enough devices were made

and sold to make a significant difference in the number of lives saved

by this superior performing and more comfortable PFD. The changes

proposed are designed to make hybrid PFD's more affordable and

attractive to recreational boaters. The changes include lowering

manufacturing costs by reducing the amount of repetitive testing

required. Increases in buoyancy are proposed to compensate for removing

of the Type V criteria of being ``REQUIRED TO BE WORN'' to allow

approval of hybrids a Type I, II, and III. Types I, II, and III are

proposed in addition to the existing Type V category. This SNPRM also

proposes approval of hybrids for youths and small children. These

proposals are in hopes that hybrid PFD's will be more widely used and

potentially save more lives.

DATES: Comments must be received on or before April 18, 1994.

ADDRESSES: (a) Comments may be mailed to the Executive Secretary,

Marine Safety Council (G-LRA-2/3406) (CGD 78-174), U.S. Coast Guard,

2100 Second Street, SW., Washington, DC 20593-0001, or may be delivered

to room 3406 at the above address between the hours of 8 a.m. and 4

p.m. Monday through Friday. The telephone number is (202) 267-1477 for

further information about submitting comments. 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.

(b) Copies of the Coast Guard Auxiliary Study, ``Inflatable

Personal Flotation Device Study,'' discussed in this document are

available from the National Technical Information Service, Springfield,

VA 22151 by referring to the publication number. The publication number

for Report No. CG-M-5-81 is AD A107941.

``Inflatable Personal Flotation Device Study: An Examination of

Inflatable PFD Performance and Reliability in Public Use'' dated March

11, 1993, can be obtained at the address mentioned under FOR FURTHER

INFORMATION CONTACT in this section.

(d) UL Standard 1517 may be obtained from Underwriters

Laboratories, Publications Stock, 333 Pfingsten Road, Northbrook, IL

60062.

FOR FURTHER INFORMATION CONTACT:

Mr. Samuel E. Wehr or Lieutenant Junior Grade Roger A. Smith, Office of

Marine Safety, Security, and Environmental Protection, Attn: G-MVI-3/

14, 2100 Second Street SW., Washington, DC 20593-0001, (202) 267-1444.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this supplemental

notice of proposed rulemaking (SNPRM) by submitting written views,

data, or arguments. Persons submitting comments should include their

name and address, identify this SNPRM (CGD78-174) and the specific

section or paragraph of this proposal to which each comment applies,

and give reasons for each comment. Persons wanting acknowledgment of

receipt of comments should enclose a stamped self-adddressed postcard

or envelope.

The Coast Guard will consider all written comments received during

the comment period. It may change this proposal in view of the

comments.

Public Hearing

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.'' 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.

Samuel E. Wehr and Lieutenant Junior Grade Roger A. Smith, Office of

Marine Safety, Security, and Environmental Protection, and LT Ralph L.

Hetzel, Office of Chief Counsel.

Background and Purpose

A notice of proposed rulemaking (NPRM) was published in the Federal

published in the Federal Register of June 18, 1985 (50 FR 25274). The

comment period on that proposal ended on July 15, 1985.

The NPRM proposed requirements for both hybrid PFD's and inflatable

lifejackets. An interim final rule promulgating hybrid PFD requirements

was published in the Federal Register on August 22, 1985 (50 FR 33923).

Corrections to this rule were published on February 4, 1986 (51 FR

4349). Comments that addressed concerns relating to the hybrid PFD

requirements were analyzed and discussed in the August 22, 1985

publication.

Proposed Amendments

This notice proposes changes to the requirements for approving

hybrid inflatable PFD's and for the carriage of hybrid PFD's on

commercial vessels. The requirements are self-explanatory and have been

included in a list which cites each specific section number for ease of

presentation.

If adopted, the changes proposed by this SNPRM may be incorporated

by reference in the regulation by citing an updated revision to

Underwriters Laboratories Standard 1517, Hybrid Personal Flotation

Devices.

Discussion of Proposed Revisions

General. Primarily these revisions are based on the U.S. Coast

Guard's experience in evaluating for approval four models of hybrids by

four different manufacturers. Also considered are the discussions and

comments at the 1991 and 1992 meetings of the Industry Advisory Council

(IAC) of Underwriters Laboratories (UL) and the November 11, 1991

National Boating Safety Advisory Council (NBSAC).

This SNPRM proposes approval of hybrid inflatable PFD's for youths

and small children. The rule changes would allow approval of

recreational hybrid inflatable PFD's for weight ranges down to 14 kg

(30 lb) and commercial hybrid inflatable PFDs's for persons weighing

over 23 kg (50 lb). It is the Coast Guard's position that the required

amount of inherent buoyancy and provision for automatic inflation

mechanisms on all hybrids for small children, between 14-23 kg (30-50

lb), justifies approval of hybrids in these weight ranges.

If the requirements in the SNPRM are adopted hybrid PFD's will be

approved in ten recreational and four commercial Type and size

categories. Several tables have been added to improve understanding of

the various categories. Comments are requested on the clarity and

reader comprehensibility of the proposed requirements for the various

Types in this format.

The comments/revisions are divided into seven areas as follows:

Proposed Changes

--Changes to make use of hybrids more attractive.

--Changes to decrease repetitive testing.

--Changes to improve reliability.

--Changes made for clarification.

--Reorganization.

--Changes to 46 CFR subpart 25.25 Life Preservers and Other Lifesaving

Equipment.

--Changes to make editorial corrections.

Changes To Make Use of Hybrids More Attractive

A number of changes are proposed to make hybrid inflatable PFD's

more attractive to recreational boaters and manufacturers. The intent

of the interim final rule was to provide regulations which ensure

introduction of hybrid PFD's with little or no increased risk due to

failure of the inflation system. When placed into practice the rules

proved too burdensome to attract many recreational boaters to buy the

PFD's and for manufacturers to produce them. As a result production and

use of hybrid PFD's is very limited. To date two manufacturers have

actually obtained approval, another is pending approval, and only one

is currently producing. Demand from consumers for hybrid PFD's has been

minimal. A market analysis to determine what advantages or

disadvantages consumers may see in hybird PFD's has not been conducted.

Information which may provide insight into this specific area of

concern is solicited by the Coast Guard and comments from interested

parties are encouraged.

The Coast Guard's efforts to encourage production and use of hybrid

PFD's is based upon comments obtained from the manufacturers of hybrid

PFD's during the 1991 and 1992 Underwriters Laboratories Industry

Advisory Council and 1991 National Boating Safety Advisory Council. In

this light, the Coast Guard proposes to change the following sections

to make hybrids more appealing to boaters and to reduce the regulatory

burden placed upon manufacturers:

Section 160.077-1 Scope

(b) Discussions at the 1991 Underwriters Laboratory Industry

Advisory Conference indicated that consumers are discouraged from

purchasing hybrid PFD's because the REQUIRED TO BE WORN limitation

causes legal questions in the users mind and leaves little flexibility

in use of the devices. Also, in May 1992 NBSAC recommended carriage of

hybrid PFD's be allowed without being ``REQUIRED TO BE WORN.'' To

encourage consumers to purchase--and ultimately wear--hybrid PFD's the

Scope will be revised to indicate that hybrid PFD's approved as Type I,

II, or III devices do not have the restriction of being REQUIRED TO BE

WORN.

(d) Under the interim final rule a hybrid PFD is approved only for

adults. The Coast Guard proposed to amend this paragraph to include

hybrid inflatable PFD's for small children weighing 14-23 kg (30-50

lb), and for youths weighing 23-40 kg (50-90 lb). Current regulations

require hybrid PFD's with Type I and II performance to have automatic

inflation mechanisms. Hybrid PFD's for use by small children weighing

14-23 kg (30-50 lb) would be approved a Type I or II only. Hybrid PFD's

approved for use by youths would be aprpoved as Types I, II, III, and

V. Hybrid PFD's for infants, persons weighing less than 14 kg are not

proposed.

Section 160.077-3 Definitions

(j) The USCG is proposing adoption of standards for approval of

hybrid inflatable PFD's for youths, weighing 23-40 kg (50-90 lb), and

small children, weighing 14-23 kg (30-50 lb). Under the proposal this

paragraph will be revised to redefine ``Reference Vest'' to include

models CKM-1, child medium; and model CKS-2, child small, meeting

subpart 160.047 of this chapter.

Section 160.077-5 Required to be Worn

(c)(1) Recreational hybrid PFD's approved as Type I, II, or III

will meet carriage requirements without being worn. Therefore, this

paragraph will be changed to indicate that only Type V recreational

hybrid PFD's are ``REQUIRED TO BE WORN.''

(c)(2) Commercial hybrid PFD's approved as type I will meet

carriage requirements without being worn. Therefore, this paragraph

will be changed to indicate that only Type V commercial hybrid PFD's

are ``REQUIRED TO BE WORN.''

Section 160.077-7 Type

(a) Type I, II, or III hybrid PFD's will not be bound to Type V

restrictions. In keeping with the change to Sec. 160.077-1(b) and (d)

this paragraph will be revised to indicate that hybrid PFD's may be

approved as Types I, II, III, or V for persons in various weight ranges

over 23 kg (50 lb.) and as Types I and II for persons weighing 14-23 kg

(30-50 lb). Type V is not a performance Type. Type V approval means the

device is limited to special uses or conditions. Type V hybrid PFD's

are ``REQUIRED TO BE WORN`` because they have reduced inherent

buoyancy. Type V hybrid PFD's will be required to have Type I, II, or

III performance when inflated.

(b) The proposed change to hybrid PFD Types approved, discussed in

Sec. 160.077-7(a) of this section, authorizes hybrid PFD's to be

approved as Type I, II, III, or V for persons weighing over 23 kg (50

lb) and Types I and II for persons weighing 14-23 kg (30-50 lb). To be

consistent with that change, this paragraph will be revised to indicate

that hybrid PFD's must have at least Type I, II, or III performance.

Section 160.077-13 Materials--Commercial Hybrid PFD

(d) Current commercial equipment regulations only require vessels

in certain operations to carry PFD's with approved PFD lights. Because

PFD lights are not required for all commercial vessels the requirement

that commercial hybrid PFD's be provided with a light will be deleted.

Section 160.077-15 Construction and Performance--Recreational Hybrid

PFD

(b)(13) A proposed requirement will be added to provide Type I

recreational hybrid PFD's with a PFD light attachment. This requirement

is intended to provide vessel operators with an option to attach a PFD

light, while avoiding damage to the inflation chamber due to improper

light attachment.

Section 160.077-17 Additional Requirements

(b)(4) There have been no field complaints concerning failure of

the inflation chamber on hybrid inflatable PFD's. Studies conducted by

the USCG Auxiliary (INFLATABLE PERSONAL FLOTATION DEVICE STUDY, Report

No. CG-M-5-81) and The Boat/U.S. Foundation for Boating Safety

(``INFLATABLE PERSONAL FLOTATION DEVICE STUDY: An Examination of

Inflatable PFD Performance and Reliability in Public Use'' dated March

11, 1993) have provided additional information on fully inflatable

PFD's which leads the USCG to conclude that one inflation chamber can

provide reliability equivalent to dual chambers in hybrid PFD's.

Therefore, the required number of inflation chambers on commercial

hybrid PFD's has been reduced from two to one. However, if the device

is marked as a ``lifejacket'' meeting the Safety of Life at Sea (SOLAS)

requirements, two inflation chambers must still be provided.

(b)(8) Adults have a wide range of chest sizes. To provide all

passengers with a suitable size PFD, the Coast Guard proposes to add a

requirement that adult commercial hybrid PFD's to be universally sized.

(b)(9) Operators of commercial vessels may be required to have

PFD's with approved PFD lights attached. The USCG proposes to drop the

requirement for commercial hybrid PFD's to be provided with an approved

PFD light at time of manufacture as discussed in Sec. 160.077-13(d).

Instead, a requirement will be added to provide all commercial hybrid

PFD's with a PFD light attachment at time of manufacture. This change

is intended to provide vessel operators with an option to attach a PFD

light, relieve manufacturers of this requirement, and avoid potential

damage to the inflation chamber due to improper light attachment in the

field.

Section 160.077-23 Over-pressure

(h)(4) The inflation chambers on hybrid PFD's sometimes fail to

hold the required pressure during the over-pressure test although they

remain serviceable. The loss of pressure is often attributed to the

stretching of the inflation chamber material, thus increasing the

volume of the chamber and reducing the static pressure reading. This

paragraph revision is proposed to allow prestressing of the inflation

chamber.

Section 160.077-23 Air Retention

(h)(5) For the same reasons discussed in the paragraph covering

Sec. 160.077-23(h)(4) above, the Coast Guard proposes revision of this

paragraph to allow prestressing of the inflation chamber prior to the

Air Retention test.

Section 160.077-23 Disposition of PFD's Rejected in Testing or

Inspections

(k)(1) The paragraph will be changed to indicate that an authorized

representative of the Commandant may also allow reworking of the lot to

correct the defect in a rejected PFD lot. In addition, this paragraph

will be revised to delete the text ``(G-MVI-3)'' in response to the

change in definition of ``Commandant,'' discussed in Sec. 160.077-3(a)

under ``Changes to make editorial corrections.''

(k)(2) The paragraph will be changed to indicate that an authorized

representative of the Commandant may allow reexamination or

reinspection of any PFD rejected in a final lot examination or

inspection. In addition, this paragraph is to be revised to delete the

text ``(G-MVI-3)'' in response to the change in definition of

``Commandant,'' discussed in Sec. 160.077-3(a) under ``Changes to make

editorial corrections.''

Section 160.077-27 Pamphlet

(a) through (f) In keeping with Sec. 160.077-7(a), Type I, II, and

III hybrid PFDs will not have the approval limitations of a Type V

hybrid PFD. In consideration of this change, a requirement will be

added for a different pamphlet for each hybrid PFD Type. The proposed

method of change is to adopt revisions to Underwriters Laboratories

``Standard for Safety'', UL 1517, section 39, ``Information Pamphlet,''

if the necessary revisions can be made in a timely manner. In this

SNPRM, the text of the proposed changes is published in its entirety

where the current text of UL 1517 is not applicable to Type I, II and

III hybrids. Text in this SNPRM would be used in the final rule if UL

1517 is not revised at that time.

Section 160.077-29 Manual Contents

(b) through (e) It is anticipated that the designs for Type I, II,

III, or V Recreational hybrid PFDs will be different. Therefore,

paragraph (b) will be revised and several new paragraphs added to

require that each Type I, II, III, or V Recreational Hybrid PFD be

provided with an owner's manual appropriate to that type PFD. The

proposed method of change is to adopt revisions to Underwriters

Laboratories ``Standards for Safety'', UL 1517, section 40, ``Owners

Manual,'' if the necessary revisions can be made in a timely manner. In

this SNPRM, the test of the proposed changes is published in its

entirety where the current text of UL 1517 is not applicable to Type I,

II, and III hybrids. Text of this SNPRM would be used in the final rule

if UL 1517 is not revised at that time. Former paragraph (c) is

redesignated (f), which is discussed later in this preamble. The new

paragraph (c) addresses the manual for Type I, II, or III recreational

hybrids PFDs which do not have to be worn to meet carriage

requirements. The requirements for Type V recreational hybrid PFD

owner's manual remains the same but is moved to paragraph (d). The

requirements of former paragraph (b)(2) are now in paragraph (e).

Section 160.077-29 Commercial Hybrid PFD

(c)(2) This paragraph will be changed to indicate that commercial

hybrid PFDs approved as a ``Work Vest Only'' or Type I PFD must contain

the information required by the Approval Certificate or in paragraph

(b)(1) of this section.

Section 160.077-30 Spare Operating Components

(a) The changes to the Scope, Sec. 160.077-1(b) allow hybrid PFDs

to be approved as Type I, II, III, or V. In response to the changes in

the Scope this paragraph will be amended to require all Types of hybrid

PFDs to be provided with spare operating components at the time of

sale.

(a)(1) There has been some confusion concerning the number of

inflation medium cartridges which should be provided with the hybrid

PFD at the time of sale. This paragraph has been changed to indicate

that when hybrid PFD's with a manual or automatic inflation mechanism

are provided with one inflation medium cartridge loaded into the

inflation mechanism only two spare cartridges need to be included. When

hybrid PFD's are sold without an inflation medium cartridge loaded into

the inflation mechanism they must be provided with at least three

cartridges.

This paragraph will also be renumbered to be consistent with

standard Code of Federal Regulations (CFR) format.

(a)(2) Another area of misunderstanding has been the number of

water sensitive elements to be provided at the time of sale. To clarify

the required number of water sensitive elements to be provided the

paragraph has been changed. When hybrid PFD's with an automatic

inflation mechanism are provided with one water sensitive element

loaded into the inflation mechanism only two spare water sensitive

elements need to be provided. When hybrid PFD's are sold without a

water sensitive element loaded into the inflation mechanism they must

be provided with at least three water sensitive elements.

This paragraph will also be renumbered to be consistent with

standard CFR format.

Section 160.077-31 Recreational Hybrid PFD

changed to be consistent with revisions to Type, discussed under

Sec. 160.077-7(a) of this section and buoyancy changes, covered under

``Changes to improve reliability'', Sec. 160.077-19(b)(6).

Section 160.077-31 Commercial Hybrid PFD

(d) The required marking text for commercial hybrid PFD's will be

changed to be consistent with revisions to Type, discussed under

``Changes to make use of hybrids more attractive'', Sec. 160.077-7(a)

and buoyancy changes, covered under ``Changes to improve reliability'',

Sec. 160.077-21(c)(3).

Section 160.077-31 All PFD's

(e)(5) The requirement for marking generic identification of the

inherently buoyant material is of little value to the hybrid PFD user.

Therefore, the marking requirement for generic identification of the

inherently buoyant material will be deleted.

Section 160.077-31 Foam

(g)(1) The space allotted to this paragraph is greater than the

importance of the information provided. The text will be revised to

better balance the information provided on the label by shortening the

marking requirement for flotation material buoyancy. The statement ``As

explained in the owner's manual, test at least once annually for

buoyancy loss.'' is proposed to follow the minimum buoyant force

statement in paragraph (c) or (d) of this section.

Section 160.077-31 Type Equivalence

(h) Because hybrid PFD's marked as Type I, II, or III will be

tested as such, the Type Equivalence marking requirement will be

changed to be applicable to Type V hybrids only.

Section 160.077-31 Approved Use

(j)(1) This paragraph will be amended to show that Type I

commercial hybrid PFD's meet carriage requirements without restriction.

Type V commercial hybrid PFD's remain ``Required to Be Worn.''

(j)(4) This paragraph will be added to allow manufacturers the

option of leaving the approved use unspecified on the label if

authorized to do so by the Commandant, U.S. Coast Guard.

Section 160.077-31 Size Ranges

(1) This paragraph will be added to specify the exact text to be

used when providing PFD size information on labels for approved hybrid

PFD's.

Section 160.077-33 Approval Procedures

(a)(3)(vi) The proposed changes to the Scope and Types discussed in

Secs. 160.077-1(d) and 160.077-7(a) of this section, authorize hybrid

PFD's to be approved in various Types and size ranges. To be consistent

with these changes, this paragraph will be added to require

manufacturers to provide the size range of the intended wearers when

applying for USCG approval of a hybrid PFD.

Changes To Decrease Repetitive Testing

Some of the required tests are repetitive and increase the cost of

producing hybrid PFD's. Elimination of repetitious testing should

reduce manufacturing costs which may in turn encourage increased

production. With the intent to encourage greater production through

lower production costs the following changes are proposed.

Section 160.077-23 Manufacturer

(b)(1)(i) Situations have occurred where extremely small lots (less

than 50) of hybrid PFD's have been manufactured. Requirements for

testing each lot by both the manufacturer and laboratory inspector

increase the individual cost of hybrid PFD's produced in such small

numbers. Reduction of repetitive testing is proposed by revising this

paragraph to combine the manufacturer's and laboratory inspector's

tests when five consecutive lots do not exceed a total of 250 devices.

This revision would reduce repetitive testing and decrease production

costs without compromising the safety of approved devices.

Section 160.077-23 Independent Laboratory

(b)(2)(ii) Historically the number of hybrid PFD's produced has

been nominal. In some calendar quarters very small lots have been

produced. The requirement for an independent laboratory inspection

every quarter increases production costs when small lots are produced.

Reduction of independent laboratory inspections is proposed by changing

this paragraph to require one inspection annually when not more than

five lots, with no more than 1000 devices per lot, are produced per

calendar year.

(b)(2)(iv) This paragraph will be revised to show reference to

paragraph (b)(2)(v) which provides an exception to the number of

required records examinations, and test performance observations when

not more than five lots are produced during any calendar year.

(b)(2)(v) For the same reasons stated in the proposed changes to

paragraph (b)(2)(ii) of this section, this paragraph will be added to

clarify that the number of required records examinations and test

performance observations will be changed to one annually when not more

than five lots are produced per calendar year.

Section 160.077-23 Samples

(d)(4) As per the reasons stated in proposed changes to paragraph

(b)(2)(ii) of this section, this paragraph will be revised to indicate

that when the total production for any five consecutive lots does not

exceed 250, the manufacturer's and inspector's testing and inspection,

can be combined.

(d)(5) Lots containing small numbers of hybrid PFD's are often

produced. Requirements for individual tests and inspections by both the

manufacturer and the independent laboratory increase production costs

when small lots are produced. Reduction of repetitive test and

inspections is proposed by authorizing the manufacturer's and

inspector's tests to be run on the same sample at the same time when

the total production for any five consecutive lots does not exceed

250.TABLE 160.077-23B, Inspector's Sampling.

Footnote 2. Field use of hybrid PFD's had proven the devices to be

reliable and there have been no complaints concerning failures. To

lower production costs the frequency of this test will be reduced from

quarterly to annually.

Footnote 3. There have been no reports of the required marking

becoming illegible on hybrid PFD's. To reduce production costs the

frequency of this test will be reduced from quarterly to two annually.

Section 160.077-23 Calibration

(g)(2) Manufacturers have not exposed problems during equipment

calibrations. Because equipment calibration had proven reliable the

Coast Guard proposes reducing the test equipment calibration interval

to once annually.

Changes To Improve Reliability

Section 160.077-15 Construction and Performance--Recreational Hybrid

PFD

(b)(14) This paragraph will be added to reaction to the changes to

the Scope in Sec. 160.077-1(b) and Type discussed in Sec. 160.077-7,

under Changes to make use of hybrids more attractive.'' To compensate

for removing the REQUIRED TO BE WORN statement the Coast Guard is

proposing to add additional inherent buoyancy for recreational Type I,

II, and III hybrid PFD's. Deliberations from the 1991 and 1992

Underwriters Laboratories Industry Advisory Council meeting and the

1991 National Boating Safety Advisory Council concerning the amount of

additional buoyancy to add to adult hybrid PFD's were considered. The

options considered and discussed at those meetings included increasing

the additional buoyancy to 40 N (9 lb) or 45 N (10 lb) in Type V hybrid

for adults, weighing over 40 kg (90 lb). The design variations of

either are not significant in affecting wear and comfort. The Coast

Guard proposes the 45 N (10 lb) option in order to provide a minimum

buoyancy closer to the International Standards Organization (ISO)

proposed minimum standard of

50 N.

In this paragraph the Coast Guard is also proposing buoyancy

specifications for recreational hybrid PFD's for persons weighing 14-23

kg (30-50 lb) and 23-40 kg (50-90 lb). The USCG is not proposing to

approve recreational hybrid inflatable PFD's for infants, weighing less

than 14 kg (30 lb).

In addition, the Coast Guard is proposing to increase the total

required buoyancy when inflated for Type I recreational hybrids for

adults. The total buoyancy will be increased to 130 N (30 lb), in lieu

of the 100 N (22 lb) inflated buoyancy requirement for adult Type II,

III, or V hybrids. This proposal is based on the Coast Guard's

determination that this buoyancy is the minimum amount necessary to

provide performance as required by SOLAS 74/83. Depending on the PFD's

design buoyancy distribution, more buoyancy may be required. Although

recreational devices are not required to meet the requirements of SOLAS

74/83, the greater performance is consistent with the Type I

classification and can be obtained at nominal cost.

Section 160.077-17 Construction and Performance--Commercial Hybrid PFD

(b)(10) In lieu of the Type V requirement, the Coast Guard proposes

to increase the minimum inherent and minimum total buoyancies for adult

Type I commercial hybrids. This proposed paragraph revision requires

the minimum inherent buoyancy for adult Type I commercial hybrids to be

70 N (15.5 lb), increased from 45 N (10 lb). The Coast Guard proposes

to increase the amount of total buoyancy for commercial Type I hybrids

to 130 N (30 lb) in lieu of the 100 N (22 lb) total buoyancy

requirement for Type V hybrids.

In addition the Coast Guard proposes to increase the required

inherent buoyancy in adult type V commercial hybrid inflatable PFD's.

To compensate for the loss of an extra inflation chamber, as discussed

under ``Changes to make use of hybrids more attractive'' Sec. 160.077-

17(b)(4), the minimum inherent buoyancy requirement for adult type V

commercial hybrid inflatable PFD's will be increased from 45 N (10 lb)

to 60 N (13 lb).

Section 160.077-19 Buoyancy, Buoyancy Distribution, and Inflation

Medium Retention Test

(b)(6) As discussed under the Scope in Sec. 160.077-1(b), in

``Changes to make hybrids more attractive'' it is proposed that the

``Required To Be Worn'' statement be removed from Type I, II, or III

hybrid PFD's. To compensate for removing the REQUIRED TO BE WORN

condition, additional inherent buoyancy is proposed to be added as

discussed in Sec. 160.077-15(b)(14) which will be required to be tested

for by this paragraph.

Section 160.077-21 Buoyancy and Inflation Medium Retention Test

(c)(3) In Sec. 160.077-17 above, the Coast Guard is proposing

minimum buoyancies for hybrid PFD's. This paragraph will be revised to

require commercial hybrid's to be tested for and meet the minimum

buoyancies specified in Sec. 160.077-17(b)(10).

Section 160.077-21 Flotation Stability Criteria

(d)(3) (i) and (ii) These paragraphs are added to ensure commercial

hybrid PFD's provide adequate freeboard commensurate with other

commercial PFD's. Commercial Type I hybrids must provide at least 100

mm (4 inches) of freeboard and SOLAS lifejackets must provide at least

120 mm (4.75 inches) of freeboard.

Changes Made for Clarification

Section 160.077-1 Scope

approved as Type I SOLAS 74/83 Life Jackets meet the requirements for

carriage on all inspected commercial vessels.

Section 160.077-3 Definitions

(l) This section will be redesignated Sec. 160.077-2 and a

definition will be added to clarify that a PFD marked as a SOLAS

lifejacket meets the requirements for lifejackets in the 1983

Amendments to the International Convention for the Safety of Life at

Sea, 1974 (SOLAS 74/83).

Section 160.077-7 Type

paragraph will be added to indicate that hybrid PFDs may be approved

for use on recreational boats, commercial vessels or both if the

applicable requirements are met.

Section 160.077-15 Performance

(a)(2)(ii) PFD's approved as Type I or II must not require second

stage donning to achieve that performance. The interim final rule

addresses only Type II performance. This paragraph will be revised to

make it clear that PFD's marked Type I or II, or as Type V providing

Type I or II performance must not require second stage donning to

achieve that performance.

Section 160.077-15 Construction; General

(b)(3) This paragraph will be amended to reflect that devices

approved as Type I, as well as Type II, are to be provided with at

least one automatic inflation mechanism that inflates at least one

chamber.

Section 160.077-15 Inflation Mechanism

(c)(2)(ii) This paragraph will be changed to clarify that dust

caps, if provided, cannot be locked.

Section 160.077-15 Deflation Mechanism

(d)(3) This paragraph will be changed by replacing the word ``can''

with ``may'' to clarify that the oral inflation mechanism is an option

in meeting the deflation mechanism requirement.

Section 160.077-19 Inflated Flotation Stability

(b)(3)(iii) The Coast Guard proposes to approve hybrid PFD's as

Types I, II, III, and V for adult and youth sizes, and Type I and Type

II for small child sizes for use on recreational boats, commercial

vessels, or both if they perform accordingly and the applicable

requirements are met. A requirement to test for Type I performance in

accordance with the requirements specified under Sec. 160.176-13(d)(2)

will be added if the device is to be so labeled.

In response to the suggested approval Types and sizes, the

requirements for inflated flotation stability need revision. The

proposed method of change is to adopt revisions to Underwriters

Laboratories ``Standard for Safety'', UL 1517, section 15 ``Inflated

Flotation Stability Test.''

In addition, this paragraph will be revised by specifying that the

reference vest used must be the appropriate size device.

Section 160.077-21 Righting Action

(c)(4)(ii) As presently written in UL 1517, section S8, one

inflation chamber must be deflated during the Righting Action Test. The

Coast Guard proposes to change to one chamber the current requirement

for two chambers on commercial hybrid PFD's to reduce costs. This

paragraph will be changed to clarify that one inflation chamber has to

be deflated only if there is more than one chamber.

Section 160.077-23 Facilities and Equipment

(g)(3)(x) This section requires manufacturers to provide the

required test equipment for performance of production tests. However,

the equipment necessary to perform the required Inflation Chamber

Materials production tests was not included in the interim final rule.

This paragraph will be added to require manufacturers to provide the

Inflation Chamber Materials production test equipment.

Section 160.077-29 Manual

(f)(5) As discussed in Secs. 160.077-13(d) and 160.077-17(b)(9)

under ``Changes to make use of hybrids more attractive'', the USCG

proposes to drop the requirement for commercial hybrid PFDs to be

provided with an approved PFD light at the time of manufacture. Former

paragraph (c) of this section is redesignated (f) and this paragraph

will be added to include a requirement that the manual must specify the

recommended type of PFD light to be used if a light is not provided by

the manufacturer. Paragraph references in this section are revised to

agree with the other revisions to this section discussed earlier in

this preamble.

Section 160.077-30 Temporary Marking

(b)(1) The original paragraph (b) will be renumbered (b)(1) in

conjunction with the addition of paragraph (b)(2) to this section. This

paragraph defines the temporary marking requirements when a hybrid PFD

is sold in a ready-to-use condition. Paragraph (b)(2) is proposed to

define the temporary marking requirements when a hybrid PFD is not sold

in a ready-to-use condition.

(b)(2) Section 160.077-30(a)(1) (i) and (ii) will be amended to

clarify that a total of three inflation medium cartridges and three

water sensitive elements must be provided with the hybrid device when

sold. Additionally, a cartridge and element may or may not be pre-

loaded at the time of sale. This paragraph will be added to refer to

the marking requirement specified in Sec. 160.077-15(c)(3)(ii) which

will be used when the device is sold without either an inflation medium

cartridge, or a water sensitive element or both pre-loaded into the

inflation mechanism.

Section 160.077-33 Approval Procedures

(a)(3)(vi) This section will be redesignated Sec. 160.077-6 and

this paragraph is proposed to indicate that the intended size range of

wearers must be included with the application package.

Reorganization

A number of the sections within the subpart have been moved to be

consistent with the organization of the inflatable lifejacket

regulation at 46 CFR 160.176. The new organization with the old section

numbers where applicable, and the section titles, is as follows:

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

New section

Old section Section title

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

160.077-1.. same Scope.

160.077-2.. 160.077-3 Definitions.

160.077-3.. 160.077-5 Required to be worn.

160.077-4.. 160.077-7 Type.

160.077-5.. 160.077-9 Incorporation by Reference.

160.077-6.. 160.077-33 Approval Procedures.

160.077-7.. 160.077-35 Procedure for Approval of Design or Material

Revision.

160.077-9.. 160.077-37 Independent Laboratories.

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

Remaining sections are unchanged.

Changes to 46 CFR Subpart 25.25 Life Preservers and Other Lifesaving

Equipment.

Section 25.25-5 Life Preservers and Other Lifesaving Equipment

Required

(f)(1) The text previously published as Sec. 25.25-5(f)(2) has been

moved to this paragraph to make it clear only Type V commercial hybrid

PFD's will be required to be worn as stated in the revised Sec. 25.25-

5(f)(3).

(f)(2) The text previously published as Sec. 25.25-5(f)(3) has been

moved to this paragraph to make it clear only Type V commercial hybrid

PFD's will be required to be worn as stated in the revised Sec. 25.25-

5(f)(3).

(f)(3) The Coast Guard proposes to revise the Scope in 46 CFR

subpart 160.077-1(b) to indicate that hybrid PFD's approved as Type I

devices do not have the restriction REQUIRED TO BE WORN. In keeping

with the changes to the scope in 46 CFR subpart 160.077-1(b), the text

(originally published as Sec. 25.25-5(f)(1)) will be moved to paragraph

(f)(3) and will be changed to show that Type I commercial hybrid PFD's

do not have to be worn to meet carriage requirements. Type V commercial

hybrid PFD's remain ``Required To Be Worn.''

Changes To Make Editorial Corrections

Section 160.077-3 Definition.

(a) This paragraph is revised to keep the definition of

``Commandant'' consistent with the definition found in Subpart 160.176-

(h) This paragraph is revised to drop the reference to

Sec. 175.3(b) as a result of the proposed rule changes to 33 CFR part

175 published in the Federal Register on November 9, 1992 (57 FR

53410).

Section 160.077-11 Flotation Material

(b)(1)(iii) The Omnibus Trade and Competitiveness Act of 1988

amended the Metric Conversion Act of 1975 to declare that each federal

agency shall change over to the metric system. This paragraph is

revised in accordance with the Omnibus Trade and Competitiveness Act of

1988 to include metric as well as English measurements.

Section 160.077-11 Flotation Material

(j) This paragraph is revised to change the subparagraph

designation from an upper case (J) to a lower case (j).

Section 160.077-15 Construction and Performance--Recreational Hybrid

PFD's

(b)(15) Section 160.077-15(b)(13) is renumbered Sec. 160.077-

15(b)(15) to incorporate the additional requirements proposed as

Sec. 160.077-15(b) (13) and (14) in this SNPRM.

Section 160.077-19 Approval Testing--Recreational Hybrid PFD

(e) This paragraph is revised to delete the text ``(G-MVI-3)'' in

response to the change in definition of ``Commandant,'' discussed in

Sec. 160.077-3(a) above.

Section 160.077-21 Approval Testing--Commercial Hybrid PFD

(g) This paragraph is revised to delete the text ``(G-MVI-3)'' in

response to the change in definition of ``Commandant,'' discussed in

Sec. 160.077-3(a) above.

Section 160.077-23 General

(a)(2) This paragraph is revised to delete the text ``(G-MVI-3)''

in response to the change in definition of ``Commandant,'' discussed in

Sec. 160.077-3(a) above.

Section 160.077-23 Equipment

(g)(3)(iii) This paragraph is revised to show that 14 g equals 0.5

oz.

Section 160.077-23 Independent Laboratory Inspection

(j)(4)(iii) This paragraph is revised to delete the text ``(G-MVI-

3)'' in response to the change in definition of ``Commandant,''

discussed in Sec. 160.077-3(a) above.

Section 160.077-31 Statement of Minimum Uniflated Bouyancy

(k) This paragraph is revised in accordance with the Omnibus Trade

and Competitiveness Act of 1988 to include metric as well as English

measurements.

Section 160.077-33 Approval Procedures

(b) and (c)(1) These paragraphs are revised to delete the text

``(G-MVI-3)'' in response to the change in definition of

``Commandant,'' discussed in Sec. 160.077-3(a) above.

Section 160.077-35 Procedure for Approval of Design or Material

Revision

(a) and (b) These paragraphs are revised to delete the text ``(G-

MVI-3)'' in response to the change in definition of ``Commandant,''

discussed in Sec. 160.077-3(a) above.

Section 160.077-37 Independence Laboratories

This paragraph is revised to delete the text ``(G-MVI-3)'' in

response to the change in definition of ``Commandant,'' discussed in

Sec. 160.077-3(a) above.

46 CFR 25.25-5 Life Preservers and Other Lifesaving Equipment Required

(f) This paragraph is amended to correct a typographical error by

changing PED to PFD.

Regulatory Evaluation

This proposal is not a significant regulatory action under

Executive Order 12866 and is nonsignificant under Department of

Transportation Regulatory Policies and Procedures (44 FR 11040,

February 26, 1979). A Regulatory Evaluation was originally placed in

the rulemaking docket in 1985, reviewed in May 1991 with regard to

inflatable lifejackets, and reconsidered in April 1993, concerning

hybrid PFD's in association with this SNPRM. The Regulatory Evaluation,

in spite of its age, was found still viable. The information obtained

from the original study of inflatable lifejackets has not changed

significantly in light of a comparable two and a half year

investigation conducted by the Boat/U.S. Foundation for Boating Safety

completed in March 1993. The annual number of casualties and drownings

involving recreational boating accidents has not changed significantly

since these figures were gathered. Further, the Coast Guard is

proposing to improve the limited performance of devices already

approved under the current regulations by requiring new Type I, II, or

III hybrid devices to have increased inherent buoyancy. This Regulatory

Evaluation is available in the docket for inspection or copying at the

location indicated under addresses.

The evaluation provides an explanation of the estimated costs of

these proposed regulations. There will no increase in costs to any

sector under these proposed changes since hybrid PFD's are only being

approved as an option to existing approved devices. The total approval

costs per design are expected to be approximately $12,000 for hybrid

inflatable PFD's. Costs to approve other types of PFD's are

approximately $6,000. The additional cost to approve hybrid PFD's could

easily be absorbed in the cost of the units produced. The cost increase

per device would be small considering the number of devices produced

under authorization of each approval certificate. The Coast Guard

anticipates that, within the first year after issuing the final rules,

one or two designs will be approved.

Production inspection costs imposed by these regulations will be

approximately $1,000 for the largest size lot of inflatable lifejackets

permitted. This cost is similar to that incurred for other types of

approved PFD's.

The retail cost, per device, is expected to be $80-$200 for hybrid

PFD's. Currently approved PFD's range in price from $7-$200. Type I

devices that could be replaced by hybrid PFD's have an average cost of

about $40.

These regulations provide an alternative to users for whom limited

stowage space or other operational considerations make the carriage of

conventional inherently buoyant PFD's impractical or inadvisable. For

these users, the optional carriage of hybrid PFD's will meet their

specific operational needs and will therefore justify the higher cost

relative to inherently buoyant PFD's.

These regulations will have little or no effect on federal, state,

or local governments except in their capacities as consumers of PFD's.

Coast Guard steps to implement these proposed changes will be done

within the scope of ongoing marine safety activities, and there will be

no need for additional federal budget commitments.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632).

Based upon the information in the evaluation this proposal, if

adopted, would not have a significant economic impact on a substantial

number of small entities. If you feel that your business qualifies as a

small entity and would suffer significant, negative economic impact,

please submit a comment explaining why your business qualifies as a

small entity and to what degree the proposed regulations would

economically affect your business. Cost data submitted will be

thoroughly evaluated before publication of the final rule.

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 which

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 requires separate PFD manuals for each hybrid PFD

Type which may increase paperwork burdens. However, the Coast Guard has

determined that this additional load will be balanced be decreasing the

frequency of currently approved collection of information requirements.

The current requirements will be reduced by decreasing the number of

required inspections and tests.

Federalism

The Coast Guard has analyzed this proposal in accordance with 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 supplemental notice of proposed rulemaking revises established

safety standards for hybrid inflatable personal flotation devices

(PFD). The authority to regulate concerning PFD's is committed to the

Coast Guard by statute. Furthermore, since PFD's are manufactured and

used in the national marketplace, safety standards for PFD's should be

of national scope to avoid unreasonably burdensome variances.

Therefore, if this rule becomes final, the Coast Guard intends it to

preempt State action addressing the same subject matter.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under section 2.B.2. of Commandant

Instruction M16475.1B, this proposal is categorically excluded from

further environmental documentation. These proposed rules are expected

to have no significant effect on the environment. A Categorical

Exclusion Determination statement has been prepared and has been placed

in the rulemaking docket.

List of Subjects

46 CFR Part 25

Fire prevention, Marine safety, Reporting, and Recordkeeping

requirements.

46 CFR Part 160

Marine safety, Reporting and recordkeeping requirements.

In consideration of the foregoing, the Coast Guard proposes to

amend parts 25 and 160 of title 46 of the Code of Federal Regulations

as follows:

PART 25--REQUIREMENTS

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

follows:

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

1.46.

Subpart 25.25--Life Preservers and Other Lifesaving Equipment

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

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

* * * * *

(f) On each vessel, regardless of length and regardless of whether

carrying passengers for hire, an approved commercial hybrid PFD may be

substituted for a life preserver, buoyant vest, or marine buoyant

device required under paragraphs (b) or (c) of this section. Each

hybrid PFD is accepted as meeting the requirements in paragraphs (b) or

(1) Used in accordance with the conditions marketed on the PFD and

in the owner's manual; and

(2) Labeled for use on commercial vessels; and

(3) In the case of a Type V commercial hybrid PFD, worn when the

vessel is underway and the intended wearer is not within an enclosed

space.

PART 160--LIFESAVING EQUIPMENT

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

follows:

Authority: 46 U.S.C. 3306, 3703, and 4302; E.O. 12234, 45 FR

58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

4. in Sec. 160.077-1, paragraphs (b), (c), introductory text, and

(d) are revised to read as follows:

Sec. 160.077-1 Scope.

* * * * *

(b) Other regulations in this chapter and in 33 CFR part 175 allow

certain commercial vessels and recreational boats to carry Type I, II,

or III hybrid PFD's to meet the carriage requirements. Type V hybrid

PFD's may be substituted for other required PFD's if they are worn

under conditions prescribed in their manual as required by

Sec. 160.077-29 and on their marking as prescribed in Sec. 160.077-31.

For recreational boats or boaters involved in a special activity,

hybrid PFD approval may also be limited to that activity.

an inspected commercial vessel will be approved only--

* * * * *

(d) A hybrid PFD will be approved for adults, weighing over 40 kg

(90 lb); youths, weighing 23-40 kg (50-90 lb); small children, weighing

14-23 kg (30-50 lb); or for the size range of persons for which the

design has been tested, as indicated on the PFD's label.

* * * * *

5. Section 160.077-3 is redesignated Sec. 160.077-2, and in newly

redesignated Sec. 160.077-2, paragraphs (a), (h) and (j) are revised,

and paragraph (l) is added to read as follows.

Sec. 160.077-2 Definitions

* * * * *

(a) Commandant means the Chief of the Survival Systems Branch, U.S.

Coast Guard, Office of Merchant Marine Safety. Address: Commandant (G-

MVI-3/14), U.S. Coast Guard Headquarters, 2100 Second Street SW,

Washington, DC 20593-0001.

* * * * *

(h) Recreational hybrid PFD means a hybrid PFD approved for use on

a recreational boat as defined in 33 CFR 175.3.

* * * * *

(j) Reference vest means a model AK-1, adult PFD, model CKM-1,

child medium PFD; or model CKS-2, child small PFD, meeting requirements

of subpart 160.047 of this chapter, except that, in lieu of the weight

and displacement values prescribed in Tables 160.047-4(c)(2) and

Sec. 160.047-4(c)(4), each front insert must have the minimum weight of

kapok as shown in Table 160.077-2(j). To achieve the specified volume

displacement, front insert pad covering may be larger than the

dimensions prescribed by Sec. 160.047-1(b) and the width of the

envelope may be increased to a circumference \1/4\'' larger than the

filled insert pad circumference.

Table 160.077-2(j).--Reference Vest Minimum Kapok Weight and Volume Displacement

[Devices for adults, weighing over 40 kg (90 lb)]

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

Front insert (2 each) Back insert

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

Reference PFD type Volume Volume

Minimum kapok displacement Minimum kapok displacement

weight g (oz) values N (lb) weight g (oz) values N (lb)

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

Type I * & V.................................... 319 54

1 213 36

Commercial.................................. (11.25) 12.2

1 156 27

V Recreational.............................. (8.25) (9.0

1 128 22

(6.75) (7.250.25)

Type II, III,................................... 156 27

1 113 18

and V*...................................... (5.5) (6.0

1 113 18

(5.5) (6

0.25) (4.0) (4.0

1 85 14.5<plus-minu

(4.5) (4.75<plus-min

u0.25) (3.0) (3.25<plus-min

u0.25)

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

*Both Recreational and Commercial.

* * * * *

(l) SOLAS lifejacket, in the case of a hybrid inflatable PFD, means

a PFD approved as meeting the requirements for lifejackets in the 1983

Amendments to the International Convention for the Safety of Life at

Sea, 1974 (SOLAS 74/83).

6. Section 160.077-5 is redesignated Sec. 160.077-3 and in newly

redesignated Sec. 160.077-3 paragraphs (c) (1) and (2) are revised to

read as follows:

Sec. 160.077-3 Required to be worn.

(a) As provided in Subpart 25.25 of this chapter, and in 33 CFR

part 175, a Type V hybrid PFD may be used to meet the Coast Guard PFD

carriage requirements in those regulations only if it is used in

accordance with any requirements on the approval label. Those marked

``REQUIRED TO BE WORN'' must be worn whenever the vessel is underway

and the intended wearer is not within an enclosed space.

* * * * *

(1) Each Type V recreational hybrid PFD.

(2) Each Type V commercial hybrid PFD.

7. Section 160.077-7 is redesignated Sec. 160.077-4 and is revised

to read as follows:

Sec. 160.077-4 Type.

(a) Hybrid PFD's may be approved as a Type I, II, III, or V for

various ranges of persons weighing over 23 kg (50 lb), as Type I or II

for persons weighing 14-23 kg (30-50 lb) or as Type I or II for other

sizes which cross the foregoing size ranges and successfully pass all

applicable tests. A Type V PFD is a PFD that, unlike other PFD Types,

has limitations on its approval.

(b) The approval tests in this subpart require each Type V hybrid

PFD to have at least Type I, II, or III performance if permitted by its

intended size range.

commercial vessels or both if the applicable requirements are met.

Sec. 160.077-9 [Redesignated as Sec. 160.077-5]

8. Section 160.077-9 is redesignated Sec. 160.077-5.

9. Section 160.077-11 is amended by revising paragraph (b)(1)(iii)

and the heading of paragraph (j) to read as follows:

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

* * * * *

(b) * * *

(1) * * *

(iii) UL 1191 and having a V factor of 89 except that, foam with a

lower V factor may be used if compensated to provide equivalent

buoyancy which, after a normal service life, is not less than that of a

PFD made with material having a V factor of 89 and having the required

minimum inherent buoyancy when new; or

* * * * *

(j) Kapok pad covering. * * *

* * * * *

10. In Sec. 160.077-13, the heading is revised, and paragraph (d)

is removed and reserved.

Sec. 160.077-13 Materials--Commercial Hybrid PFD.

* * * * *

(d) [Reserved]

* * * * *

11. In Sec. 160.077-15, the heading is revised, paragraphs

(a)(2)(ii), (b)(3), (b)(13), (c)(2)(ii), and (d)(3) are revised, and

paragraph (b)(14), Table 160.077-15(b)(14) and paragraph (b)(15) are

added to read as follows:

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

* * * * *

(a) * * *

(2) * * *

(ii) If it is to be marked as Type I or II, or Type V providing

Type I or II performance, not require second stage donning to achieve

that performance;

* * * * *

(b) * * *

(3) Have at least one automatic inflation mechanism that inflates

at least one chamber, if marked as providing Type I or II performance;

* * * * *

(13) If marked as a Type I, must have an attachment for a PFD light

securely fastened to the front shoulder area. The location should be

such that if the light is attached it will not damage or impair the

performance of the PFD.

(14) Provide the minimum buoyancies specified in Table 160.077-

15(b)(14).

Table 160.077-15(b)(14).--Buoyancy for Recreational Hybrid PFD's

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

Adult Youth Small child

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

Inherent Buoyancy (Deflated Condition):

Type I........................................... 70 N (15.5 lb) 50 N (11 lb) 40 N (9 lb)

Type II.......................................... 45 N (10 lb) 40 N (9 lb) 30 N (7 lb)

Type III......................................... 45 N (10 lb) 40 N (9 lb) N/A

Type V........................................... 33 N (7.5 lb) 34 N (7.5 lb) N/A

Total Buoyancy (Inflated Condition):

Type I........................................... 130 N (30 lb) 80 N (18 lb) 67 N (15 lb)

Type II.......................................... 100 N (22 lb) 67 N (15 lb) 53 N (12 lb)

Type III......................................... 100 N (22 lb) 67 N (15 lb) N/A

Type V........................................... 100 N (22 lb) 67 N (15 lb) N/A

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

(15) Meet any additional requirements that the Commandant may

prescribe, if necessary, to approve unique or novel designs.

(2) * * *

(ii) Not be able to be locked in the open or closed position (a

friction-fit dust cap not being considered locking closed); and

* * * * *

(d) * * *

(3) The deflation mechanism may be the oral inflation mechanism.

* * * * *

12. In Sec. 160.077-17, the heading and paragraph (b)(4) are

revised, and paragraphs (b)(8), (9), and (10) and Table 160.077-

17(b)(10) are added to read as follows:

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

* * * * *

(b) * * *

(4) Have at least one inflation chamber, unless marked as a SOLAS

lifejacket in which case it must have two inflation chambers;

* * * * *

(8) Be approved as universally sized as specified in Sec. 160.077-

15(b)(7).

(9) Each commercial hybrid PFD must have an attachment for a PFD

light securely fastened to the front shoulder area. The location should

be such that if the light is attached it will not damage or impair the

performance of the PFD

(10) In the deflated and the inflated condition, provide buoyancies

of at least the values in Table 160.077-17(b)(10).

Table 160.077-17(b)(10).--Minimum Buoyancy of Commercial Hybrid PFD's

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

Adult Youth Small child

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

Inherent Buoyancy (Deflated Condition):

Type I........................................... 70 N (15.5 lb) 50 N (11 lb) 40 N (9 lb)

Type V........................................... 60 N (13 lb) 34 N (7.5 lb) N/A

Total Buoyancy (Inflated Condition):

Type I........................................... 130 N (30 lb) 80 N (18 lb) 67 N (15 lb)

Type V........................................... 100 N (22 lb) 67 N (15 lb) N/A

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

* * * * *

13. In Sec. 160.077-19, paragraphs (b)(3)(iii), (b)(6), and (e) are

revised to read as follows:

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

* * * * *

(b) * * *

(3) * * *

(iii) Inflated flotation stability, 46 CFR 160.176-13(d)(2) through

(5) for Type I performance and UL 1517, section 15, for Type II and

Type III performance except comparisons are to be made to the

appropriate size reference vest as defined in Sec. 160.077-2(j).

* * * * *

(6) Buoyancy, buoyancy distribution, and inflation medium retention

test, UL 1517, sections 28 and 19, except:

(i) Recreational hybrid inflatables must provide minimum buoyancy

as specified in Table 160.077-15(b)(14):

(ii) The buoyancy and volume displacement of kapok buoyant inserts

must be tested in accordance with the procedures prescribed in

Sec. 160.047-4(c)(4) and Sec. 160.047-5(e)(1) in lieu of the procedures

in UL 1517, section 18 and 19.

* * * * *

(e) The Commandant may prescribe additional tests, if necessary, to

approve unique or novel designs.

14. In Sec. 160.077-21, the heading, paragraphs (c)(3), (c)(4)(ii),

and (g) are revised and paragraph (d)(3) is added to read as follows:

Sec. 160.077-21 Approval Testing--Commercial Hybrid PFD.

* * * * *

(3) Buoyancy and inflation medium retention test, UL 1517, Section

S10, except the minimum buoyancies must be as specified in the Table

160.077-17(b)(10):

(4) * * *

(ii) Righting action test, UL 1517, section S8. In addition to

criteria stated in section S8, if a device has more than one chamber

the requirements in paragraph (d) of this section must be met after

each test with one of the chambers deflated.

(d) * * *

(3) The subject must have a freeboard of at least:

(i) 100 mm (4 inches) if marked as a Type I commercial hybrid PFD;

(ii) 120 mm (4.75 inches) if approved as a SOLAS lifejacket.

* * * * *

(g) The Commandant may prescribe additional tests, if necessary, to

approve unique or novel designs.

* * * * *

15. In Sec. 160.077-23, paragraphs (a)(2), (b)(1)(i), (b)(2)(ii),

(b)(2)(iv), (d)(4); (g)(2), (g)(3)(iii), (h)(4), (h)(5), (j)(4)(iii),

(k)(1), (k)(2), and notes (2) and (3) to Table 160.077-23B are revised,

and paragraphs (b)(2)(v) and (d)(5), and (g)(3)(x) are added to read as

follows:

Sec. 160.077-23 Production tests and inspections.

(a) * * *

(2) The Commandant may prescribe additional production tests and

inspections if needed to maintain quality control and check for

compliance with the requirements in this subpart.

(b) * * *

(1) * * *

(i) Perform all required tests and examinations on each PFD lot

before the independent laboratory inspector tests and inspects the lot,

except as discussed in Sec. 160.077-3(d)(5);

* * * * *

(2) * * *

(ii) Except as specified in paragraph (b)(2)(v) of this section, an

inspector must perform or supervise testing and inspection of at least

one PFD lot in each five lots produced.

(iii) * * *

(iv) Except as specified in paragraph (b)(2)(v) of this section, at

least once each calendar quarter, the inspector must, as a check on the

manufacturer's compliance with this section, examine the manufacturer's

records required by Sec. 160.077-25 and observe the manufacturer in

performing each of the tests required by paragraph (h) of this section.

(v) When less than six lots during any calendar year are produced

only one supervised lot inspection is required under paragraph

(b)(2)(ii) of this section, and one records examination and test

performance observation is required under paragraph (b)(2)(iv) of this

section during that year. Each lot tested and inspected must be within

seven lots of the previous lot inspected.

* * * * *

(d) * * *

(4) The number of samples selected per lot must be at least the

applicable number listed in Table 160.077-23A or Table 160.077-23B, as

applicable, except as allowed in paragraph (d)(5) of this section.

(5) When the total production for any five consecutive lots does

not exceed 250, manufacturer's and inspector's tests can be run on the

same sample(s) at the same time.

* * * * *

Table 160.077-23B Inspector's Sampling

*****

Notes to Table:

*****

(2) This test may be omitted if the manufacturer has previously

conducted it and the inspector has conducted the test on a previous

lot within the past year.

(3) One sample of each means of marking on each type of fabric or finish

used in PFD construction must be tested. This test is only required

when a new lot of materials is used. However, the test must be run at

least every six months regardless of whether a new lot of materials is

started within the past six months.

* * * * *

(g) * * *

(2) Calibration. The manufacturer must have the calibration of all

test equipment checked at least annually by a weights and measures

agency or the equipment manufacturer, distributor, or dealer.

(3) * * *

(iii) A Scale that has sufficient capacity to weigh a submerged

sample basket. The scale must be sensitive to 14 g (0.5 oz) and must

not have an error exceeding +/- 14 g (0.5 oz).

* * * * *

(x) Inflation Chamber Materials Test Equipment. If the required

tests in paragraph (h)(2) of this section are performed by the PFD

manufacturer, test equipment suitable for conducting Grab Breaking

Strength, Tear Strength, Permeability, and Seam Strength tests must be

available at the PFD manufacturer's facility.

* * * * *

(h) * * *

(4) Over-pressure. Each sample must be tested according to and meet

UL 1517, section 28. Test samples may be prestressed by inflating them

to a greater pressure than the required test pressure prior to

initiating the test at the specified values.

(5) Air Retention. Each sample must be tested according to and meet

UL 1517, section 36. Prior to initiating the test at the specified

values, test samples may be prestressed by inflating to a pressure

greater than the design pressure, but not exceeding 50 percent of the

required pressure for the tests in paragraph (h)(4) of this section.

Any alternate test method that decreases the length of the test must be

accepted by the Commandant and must require a proportionately lower

allowable pressure loss and the same percentage sensitivity and

accuracy as the standard allowable loss measured with the standard

instrumentation.

* * * * *

(j) * * *

(4) * * *

(iii) If the inspector rejects a lot, the Commandant must be

advised immediately.

(k) * * *

(1) A rejected PFD lot may be resubmitted for testing, examination,

or inspection if the manufacturer first removes and destroys each PFD

having the same type of defect or, if authorized by the Commandant or

an authorized representative of the Commandant, reworks the lot to

correct the defect.

(2) Any PFD rejected in a final lot examination or inspection may

be resubmitted for examination or inspection if all defects have been

corrected and reexamination or reinspection is authorized by the

Commandant or an authorized representative of the Commandant.

* * * * *

16. In Sec. 160.077-27, paragraph (a) is revised and paragraphs

(d), (e), and (f) are added to read as follows:

Sec. 160.077-27 Pamphlet.

(a) Each recreational hybrid PFD sold or offered for sale must be

provided with a pamphlet that a prospective purchaser can read prior to

purchase. The required pamphlet text must be printed verbatim and in

the sequence set out in paragraph (e) or (f) of this section, as

applicable. Additional information, instructions, or illustrations must

not be included within the required text. The type size shall be no

smaller than 8-point.

* * * * *

(d) The text specified in paragraphs (e)(2) and (f)(2) of this

section must be accompanied by illustrations of the types of devices

being described. The illustrations provided must be either photographs

or drawings of the manufacturer's own products or illustrations of

other USCG approved PFDs.

(e) For a Type I, II, and III recreational hybrid PFD the pamphlet

contents must be as follows:

(1) The text in UL 1517, Section 39, item A;

(2) The following text and illustrations:

There Are Five Types of Personal Flotation Devices

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

Note: The following types of PFDs are designed to perform as

described in calm water and when the wearer is not wearing any other

flotation material (such as a wetsuit).

Type I--A Type I PFD has the greatest required inherent buoyancy

and turns most unconscious persons in the water from a face down

position to a vertical and slightly backward position, therefore,

greatly increasing one's chances of survival. The Type I PFD is

suitable for all waters, especially for cruising on waters where

there is a probability of delayed rescue, such as large bodies of

water where it is not likely that a significant number of boats will

be in close proximity. This type PFD is the most effective of all

types in rough water. It is reversible and available in only two

sizes--Adult (over 40 kg (90lb)) and child (less than 40 kg (90 lb))

which are universal sizes (designed for all persons in the

appropriate category).

[Insert Illustration of Type I PFD]

Type II--A Type II PFD turns most wearers to a vertical and

slightly backward position in the water. The turning action is not

as pronounced as with a Type I and the device will not turn as many

persons under the same conditions as the Type I. The Type II PFD is

usually more comfortable to wear than the Type I. This Type PFD is

normally sized for ease of emergency donning and is available in the

following sizes: Adult (over 40 kg (90 lb)), Medium Child (23-40 kg

(50-90 lb)), and two categories of Small Child (less than 23 kg (50

lb) or less than 14 kg (30 lb). Additionally, some models are sized

by chest sizes. You may prefer to use the Type II where there is a

probability of quick rescue such as areas where it is common for

other persons to be engaged in boating, fishing and other water

activities.

[Insert Illustration of Type II PFD]

Type III--The Type III PFD allows the wearer to assume a back of

vertical position, and the device will maintain the wearer in that

position and have no tendency to turn the wearer face down. It is

not designed to turn the wearer face up. A Type III is generally

more comfortable than a Type II, comes in a variety of styles which

should be matched to the individual use, and is often the best

choice for water sports, such as skiing, hunting, fishing, canoeing,

and kayaking. This Type PFD normally comes in many chest sizes and

weight ranges; however, some universal sizes are available. You may

also prefer to use the Type III where there is a probability of

quick rescue such as areas where it is common for other persons to

be engaged in boating, fishing, and other water activities.

[Insert Illustration of Type III PFD]

Hybrid Inflatable Type I, II, or III-- A Type I, II, or III

Hybrid PFD is an inflatable device which can be the most comfortable

and has a minimal amount of buoyancy when deflated and significantly

increased buoyancy when inflated (See accompanying table for actual

buoyancy for your Type of hybrid). When inflated it turns the wearer

with the action of a Type I, II, or III PFD as indicated on its

label. This type of PFD provides an extra degree of comfort to the

boater who will accept the responsibility for care of the device and

in-water trials to check its performance. The buoyancy provided by

this PFD when not inflated will not float approximately 90 percent

of the boating public. Therefore, it is not recommended for non-

swimmers unless worn with enough inflation to float the wearer. It

is suitable for use where there is or is not a probability of quick

rescue depending on the performance type marked on it. Type I

hybrids are suitable where rescue may be slow coming, while Types II

and III are good only when there is a chance of fast rescue. Type I

hybrids are approved in three weight ranges, adult, for persons

weighing over 40 kg (90 lb); youth, for persons weighing 23-40 kg

(50-90); and small child, for persons weighing 14-23 kg (30-50 lb).

Type II hybrid PFDs are approved in the same size ranges as Type I

hybrids but may be available in a number of chest sizes and in

universal adult sizes. Type III hybrids are only approved in adult

and youth sizes but may also be available in a number of chest sizes

and in universal adult sizes.''

[Insert Illustration of Hybrid PFD]

Type IV--A Type IV PFD is normally thrown or tossed to a person

who has fallen overbroad and is intended to be grasped and held by

the person until rescued. While the Type IV is acceptable in place

of a wearable device in certain instances, this type is suitable

only where there is a probability of quick rescue such as areas

where it is common for other persons to be engaged in boating,

fishing, and other water activities. It is not recommended for use

by non-swimmers and children.

[Insert Illustration of Type IV PFD]

Type V (General)--A Type V PFD is a PFD approved for restricted

uses or activities such as board sailing, or commercial white water

rafting. These PFDs are not usually suitable for other boating

activities. The label on the PFD indicates whether a particular

design of Type V PFD can be used in a specific application, what

restrictions or limitations apply, and its performance type.

Type V Hybrid--A Type V Hybrid PFD is an inflatable device which

can be the most comfortable and has a minimum deflated buoyancy and

significantly more buoyancy when inflated. In order for the device

to be acceptable for use on recreational boats, it must be worn

except when the boat is not underway or when the user is below deck.

When inflated it turns the wearer similar to the action provided by

a Type I, II, or III PFD (the type of performance is indicated on

the label). This type of PFD provides an extra degree of comfort to

the boater who will wear a PFD by having a reducd amount of inherent

buoyancy. However, the user must accept the responsibility for care

of the device and in-water trials to check its performance. The

buoyancy provided by this PFD when it is not inflated will float

approximately 70 percent of the boating public. Therefore, it is not

recommended for non-swimmers unless worn with enough inflation to

float the wearer. It is suitable for use where there is or is not a

probability of quick rescue depending on the performance type marked

on it. This type of PFD is approved in two sizes, adult, for persons

weighing over 40 kg (90 lb); and youth, for persons weighing 23-40

kg (50-90 lb), and may be available in a number of chest sizes and

in universal adult sizes.

(3) Insert a table with the applicable PFD Type, size, and buoyancy

values from Table 160.077-15(b)(14); and

(4) The text in UL 1517, Section 39, items D, E, and F.

(f) For a Type V recreational hybrid PFD the pamphlet contents must

be as follows:

(1) The text in UL 1517, Section 39, item A;

(2) The following text and illustrations:

There Are Five Types of Personal Flotation Devices

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