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

SUMMARY: The Coast Guard proposes to establish approval procedures for

recreational inflatable personal flotation devices (PFDs), revise the

approval procedures for other kinds of recreational PFDs and make

editorial changes. These procedures are intended to establish an

efficient approval procedure for PFDs. The Coast Guard anticipates that

recreational boaters will be more likely to wear inflatable PFDs than

currently approved devices, thereby increasing use of PFDs by the

boating public and saving lives.

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

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 93-055), U.S. Coast Guard

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

be delivered to room 3406 at the same address between 8 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477. Comments on collection-of-information

requirements must be mailed also to the Office of Information and

Regulatory Affairs, Office of Management and Budget, 725 17th Street

NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at room 3406, U.S. Coast Guard

Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

A copy of the material listed in ``Incorporation by Reference'' of

this preamble is available for inspection at room 1404, U.S. Coast

Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Markle, U.S. Coast Guard,

Survival Systems Branch (G-MVI-3), telephone (202) 267-1444, facsimile

(202) 267-1069, or electronic mail ``mvi-3/[email protected]''.

A copy of this proposed rule may be obtained by calling the Coast

Guard's toll-free Customer Infoline, 1-800-368-5647. In Washington, DC,

call 267-0780.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 93-055) and the specific section of this

proposal to which each comment applies, and give the reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

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

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ``ADDRESSES.'' The request should include the reasons why a

hearing would be beneficial. If it determines that the opportunity for

oral presentations will aid this rulemaking, the Coast Guard will hold

a public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in drafting this document are Mr.

Robert Markle, Project Manager, U.S. Coast Guard, Survival Systems

Branch (G-MVI-3), and Ms. Helen Boutrous, Project Counsel, Office of

Chief Counsel.

Regulatory History

On November 9, 1993, the Coast Guard published an Advance Notice of

Proposed Rulemaking (ANPRM) entitled ``Inflatable Personal Flotation

Devices'' in the Federal Register (58 FR 59428). The Coast Guard

received nine letters commenting on the ANPRM. One of the comments

requested a public hearing, however, after consideration, the Coast

Guard determined that no new issues would have been raised which would

have materially assisted the Coast Guard in developing this rule.

Therefore, no public hearing was held.

Background and Purpose

The November 9, 1993, ANPRM discussed the Coast Guard's intention

to adopt structural and performance standards for inflatable personal

flotation devices (PFD) used on recreational boats, as well as the

procedures for approval and carriage requirements. The ANPRM discussed

the Coast Guard's intention to participate in the development of an

Underwriters Laboratories (UL) standard for inflatable PFDs, which

would be the basis for Coast Guard approval of these devices. The UL

standard (UL 1180) is complete, with one section reserved. An interim

final rule (IFR) which establishes Coast Guard approval standards for

inflatable PFDs for recreational boats based on UL 1180, is published

elsewhere in today's edition of the Federal Register. The reserved

section of UL 1180 will contain text for information pamphlets to

accompany inflatable PFDs. UL expects to complete this section within a

year. The Coast Guard anticipates that it will incorporate those

provisions by reference once they are completed. Proposed pamphlet

requirements are discussed later in this preamble under ``Information

pamphlet.'' UL 1180 was developed in accordance with the American

National Standards Institute (ANSI) procedure for voluntary industry

standards, providing opportunity for participation by interested

parties. Publication of the IFR will permit manufacturers to proceed

with the manufacture and approval of these devices. Limited procedures

to allow for approval of inflatable devices are included in the IFR.

This notice proposes various other rule changes related to the

approval of inflatable PFDs for recreational boats which would

establish an approval procedure that would allow for the use of

independent laboratories in the approval process. These proposed rules

were not published as part of the IFR because they may affect the

approval of other PFDs to a limited extent and the public has not yet

had a chance to fully participate in their development.

Discussion of Comments

The issues raised by the comments received in response to the ANPRM

that pertained to the standards for inflatable PFDs were discussed in

the IFR (CGD 94-110) published elsewhere in today's edition of the

Federal Register. The issues raised by the comments that pertained to

the approval procedures for PFDs and other issues addressed in this

NPRM are discussed below.

Serviceable Condition

The ANPRM asked if ``serviceable'' should be defined as an

inflatable PFD with a properly armed inflation [[Page 32862]] mechanism

to encourage the development of inflation mechanisms which are easy to

use and easy to maintain.

One comment from a boat owners association simply supported adding

a definition of ``serviceable'' to the regulations. Another comment

also stated that a definition of ``serviceable'' would be helpful and

further stated that the desirability of professional maintenance by the

manufacturer or an authorized facility should be considered, perhaps

after an extended period of service such as five years. Another comment

stated that the user manual and product markings should clearly direct

the user to pay proper attention to the inflatable PFD's state of

readiness.

The Coast Guard agrees that an explanation of the term

``serviceable'' is needed, and proposes to add Sec. 175.23 that would

set a standard for ``serviceable condition'' that would apply to all

PFDs, and would include additional specific requirements for inflatable

PFDs and hybrid inflatable PFDs. The term is presently used in 33 CFR

175.21(a), but is not defined anywhere in part 175. The requirements

involving serviceability for all PFDs and the more specific

requirements for inherently buoyant PFDs are based on guidance

currently used by Coast Guard commercial vessel inspectors, and by

Coast Guard Auxiliary examiners. The standard for ``serviceable'' for

inflatable PFDs is newly developed by the Coast Guard for inclusion in

this NPRM.

The ANPRM also questioned whether the Coast Guard should require

professional servicing for inflatable PFDs atapproved servicing

facilities. Three inflatable PFD manufacturers supported professional

servicing; however, they do not believe professional servicing should

be mandatory, or that the government should set up inspection

facilities at taxpayer expense. Instead, the comments suggested that

professional servicing should be recommended or offered by the

manufacturers or through licensed agents or both. One of these comments

stated that the required owner's manual should provide instructions for

owner inspection and identify where the owner can obtain help if

needed. Another of these comments stated that the Coast Guard should

recommend annual user inspection for air leaks, etc., and that the

manufacturer should offer servicing every two years at an affordable

fee. The comment also stated that after 10 years the chamber should no

longer be serviced and replacement should be recommended. Another

comment stated that professional servicing would be unnecessary if

quality is held to a high standard, and that requiring professional

servicing would greatly increase the cost of owning an inflatable PFD.

The Coast Guard is not proposing to require professional servicing

at this time. It agrees that the PFD owner's manual should address both

user servicing and advice on how to obtain professional servicing. The

Coast Guard strongly encourages manufacturers to offer professional

servicing. The Coast Guard also encourages, but does not propose to

require, manufacturers to keep records on the condition of the devices

received for servicing in order to aid in the successful introduction

of inflatable PFDs.

Another comment suggested that an inflatable PFD which is worn

inflated should be considered ``serviceable'' even if the CO2 system is

unarmed. The Coast Guard agrees and has included this condition in

proposed Sec. 175.23(d). Wearing the PFD inflated is a prudent action

to take if the materials are not available to rearm a PFD and is a

reasonable way to ensure the safety of the user of an unarmed

inflatable PFD.

A number of other issues related to serviceability were raised in

response to the ANPRM. These other issues concerned the design of the

PFD and its inflation mechanism, and were considered in the development

of UL 1180 and UL 1191. These issues are further addressed in the

preamble to the IFR discussed above.

Defect Notification

The ANPRM suggested making inflatable PFDs ``associated equipment''

and subject to the defect notification provisions of 33 CFR Part 179,

in accordance with 46 U.S.C. 4310. It was suggested that this action

would provide better accountability and a positive means to identify

reliability problems which may arise as a result of approval of a

potentially less reliable device. Five comments favored making

inflatable PFDs ``associated equipment'' for the purpose of defect

notification.

The Coast Guard's position is that designating inflatable PFDs as

associated equipment would provide animportant means to help ensure the

safety of inflatable PFDs used by the public. Therefore, this NPRM

proposes designation of inflatable PFDs as associated equipment in 33

CFR part 179 in accordance with 46 U.S.C. 4310. This would require

manufacturers to notify first purchasers of inflatable PFDs of any

defects which may be discovered after the PFDs have been produced and

sold.

Registration Card

The five comments that supported making inflatable PFDs

``associated equipment'' for the purpose of defect notification did not

favor making retailers responsible for preparing first purchaser lists.

Instead, the comments suggested a consumer registration card, and a

requirement that the consumer be provided with information that makes

it clear that it is in the consumer's interest to complete the card and

return it to manufacturer.

The Coast Guard finds that this suggestion has merit. This NPRM

proposes to add a new subpart H to 33 CFR part 181, requiring

manufacturers to provide a postage prepaid registration card with each

inflatable PFD. This appears to be the most reasonable way for

manufacturers to obtain the names and addresses of first purchasers.

Since most inflatable PFDs will be sold at retail or by mail order, it

appears to be unreasonable to place the burden of preparing purchaser

lists on the seller. Prepayment of the postage will encourage

purchasers to complete and return the cards. The cards should ease the

manufacturers' recordkeeping burden, since the cards merely need to be

collected and stored for five years. They would need to be used only in

the unusual circumstance where first purchasers have to be notified of

a defect. The registration cards would be required to be securely

attached to the PFD in the same manner as the information pamphlet, and

could even be printed as a separable part of the pamphlet. Retention of

registration cards would constitute compliance with the requirement to

exercise due diligence in establishing and maintaining a list of

purchasers, as required under 46 U.S.C. 4310(c)(1)(A).

Another comment stated that purchaser lists should be an interim

requirement, based on voluntary return of a registration card, and that

the value of continued use of a registration system should be reviewed

periodically to determine whether it should be continued. The Coast

Guard agrees. All Coast Guard regulations are reviewed on a periodic

basis. This regulation, like all regulations affecting recreational

boats will be reviewed periodically at public meetings of the National

Boating Safety Advisory Council (NBSAC). NBSAC meeting announcements

are published in the Federal Register, along with an agenda for the

meeting.

Another comment stated that inflatable PFDs should be manufactured

in batches and given sequential serial numbers to permit traceability

and enable owners not on purchaser lists to [[Page 32863]] determine if

their PFDs are involved in a recall.The Coast Guard agrees with the

suggestion regarding numbering PFDs in batches with sequential serial

numbers and such a requirement is included in the regulations published

in the IFR.

Editorial Revisions

A number of editorial changes to part 179 are also proposed. Most

of these changes relate to elimination of references to the Federal

Boat Safety Act of 1971, and replacing them with references to Title 46

of the United States Code (U.S.C.), which was recodified in 1983 and

includes previously enacted provisions of the Federal Boat Safety Act

of 1971.

Information Pamphlet

This NPRM proposes to revise 33 CFR part 181, subpart G to require

that an appropriate information pamphlet be provided with inflatable

PFDs, as they are for other kinds of PFDs. The proposed requirement for

the pamphlet in Sec. 181.705 refers to the information pamphlet

requirements established by the IFR (CGD 94-110) published elsewhere in

today's edition of the Federal Register. However, if the pamphlet

requirements of UL 1180 are completed before publication of a final

rule, that part of the UL standard would be incorporated by reference

at that time.

A number of related editorial revisions to 33 CFR subpart G are

also proposed in this NPRM.

Approval of Inflatable Personal Flotation Devices and Other Equipment

The following paragraphs describe minor proposed revisions which

are related to the approval of inflatable personal flotation devices,

but which are relevant to the approval of other items of equipment as

well.

This NPRM proposes to revise Secs. 2.75-1(f) and 159.005-13(a)(4)

of Title 46 to eliminate the requirement that the Coast Guard publish

approval actions in the Federal Register. No such listing has been

published in recent years, and the Coast Guard has received no

complaints. The Coast Guard's estimation is that the listing was

rarely, if ever, used. It is the Coast Guard's position that its

publication ``Equipment Lists,'' published approximately every two

years, is readily available through the Government Printing Office.

More current information can be obtained directly from the Coast Guard

from its computerized data base upon request. Accordingly, the revised

Secs. 2.75-1(f) and 159.005-13(a)(4) would identify the ``Equipment

Lists'' publication and state that it is available from the Government

Printing Office.

The Coast Guard proposes to remove Secs. 2.75-17, 2.75-18, and

2.75-19. These sections deal with documents referenced in Coast Guard

regulations, and have been made obsolete by the Office of the Federal

Register's current policy on documents incorporated by reference. The

Coast Guard also proposes to remove Sec. 2.75-20 because the affidavit

and certification program described in that section is no longer in

use.

This NPRM also proposes to remove Sec. 2.75-30. This section would

be replaced by new and revised sections of 46 CFR parts 159 and 160 to

more accurately describe the approval procedures for PFDs used on

recreational boats. Section 2.75-30 was first published in 1964 when

the Coast Guard started using independent laboratories to perform

certain approval functions related to ``Special purpose water safety

buoyant devices.'' Much of this section is now obsolete, including its

title. The proposed revisions to parts 159 and 160 are discussed in

more detail, below.

Proposed revisions to Sec. 2.75-50 would update the appeal process

regarding denials, withdrawals and terminations of approval. The

Merchant Marine Council referred to in the present section no longer

exists. The proposed procedure would provide for appeal to the Chief of

the Office of Marine Safety, Security, and Environmental Protection in

accordance with the appeal procedures of 46 CFR subpart 1.03. Proposed

revisions to Sec. 159.001-2 would refer to revised Sec. 2.75-50 as the

appropriate appeal procedure.

The definitions in Sec. 159.001-3 are proposed to be revised by

deleting ``Listed laboratory'' and ``Test plan''. Definitions for

``classification society'', ``independent laboratory'', and

``recognized independent laboratory'' would be added. Except for

``classification society'', these proposed changes are necessary to

conform to other revisions to part 159 discussed below.

A new Sec. 159.001-4 would list documents incorporated by reference

into part 159.

Inspection Functions

Classification societies perform many inspection functions related

to commercial shipping in the United States and around the world. The

maritime safety administrations of other governments, like the U.S.

Coast Guard, also perform some of these inspection functions. Some of

these classification societies and government agencies operate

laboratory facilities, but others perform all of their inspections and

tests at shipyards and other manufacturing sites. Classification

societies meeting the standards set out in Resolution A.739(18) of the

International Maritime Organization (IMO), and agencies of other

governments involved in the inspection and testing of marine safety

equipment, are capable of performing all of the functions of an

independent laboratory for many items of approved equipment. Therefore,

the Coast Guard proposes to clarify the definition of ``independent

laboratory'' to include such classification societies and government

agencies. The proposed definition is broad enough to include other

agencies of the U.S. government, so that U.S. Navy and Department of

Defense personnel, for example, could perform certain inspections of

Coast Guard approved equipment being purchased by those agencies. Under

proposed revisions Sec. 159.010-5, independent laboratories would be

required to submit specified information to the Coast Guard in order to

be accepted. Commercial laboratories would be required to submit

additional information which would be irrelevant for classification

societies and government agencies.

Proposed Sec. 159.001-5 would include a facsimile number and an

electronic mail address for the Commandant (G-MVI) to provide optional

methods of communication with the Coast Guard.

Subpart 159.010 would be revised to eliminate all references to

``listing'' of, and ``listed'' laboratories. When Subpart 159.010 was

published, it was envisioned that such laboratories would prepare a

detailed test plan for Coast Guard review and approval, and that such

laboratories would be ``listed'' in the various subparts under which

they had been accepted. This listing of laboratories never occurred,

and the Coast Guard now considers the concept to be obsolete. These

revisions affect the title of subpart 159.010, as well as

Secs. 159.010-1(a)(2) and -1(a)(3), 159.010-7 (to be removed), 159.010-

9, 159.010-11 (to be removed), 159.010-17, 159.010-19, and 159.010-21.

In addition, sections of various subparts which were to contain these

laboratory listings are proposed to be removed. These are

Secs. 160.021-9, 160.022-9, 160.023-9, 160.024-9, 160.028-9, 160.031-9,

160.036-9, 160.037-9, 160.040-9, 160.057-9, and 160.066-18. A related

revision is proposed for Sec. 160.066-11(c).

All laboratories that qualify to perform testing and inspection for

the Coast Guard under subpart 159.010 are [[Page 32864]] considered

accepted ``independent laboratories''. For some classes of equipment,

such as PFDs for recreational boats, the Coast Guard uses laboratories

not only to test and inspect equipment, but also to perform other

functions related to approval, such as standards development and design

review. The Coast Guard refers to these laboratories as ``recognized

independent laboratories''. Recognized independent laboratories must

enter into a memorandum of understanding (MOU) with the Coast Guard as

discussed later in this preamble.

Subpart 159.010 would be revised to incorporate requirements for

``recognized'' laboratories, which are currently addressed in 46 CFR

2.75-30. The Coast Guard intends to eventually have all of the

requirements for independent laboratories in one place, and to limit

the types of acceptances to just two, instead of the present three

(accepted, listed, and recognized). Under the proposed revisions,

laboratories would be ``accepted'' for testing equipment under 46 CFR

subchapter Q. For certain items of equipment, particularly items with

high production volumes, the Coast Guard would use accepted

laboratories that are also ``recognized'' to perform certain approval

functions on behalf of the Coast Guard. These functions would be

specified in a Memorandum of Understanding (MOU) between each

laboratory and the Coast Guard.

The Coast Guard and UL have signed the first such MOU, which covers

testing and approval of PFDs. The Coast Guard wishes to implement this

MOU for the approval of inflatable PFDs for recreational boats, as well

as for the approval of other PFDs for which UL is already recognized.

The MOU has been placed in the docket for this project and is available

for inspection and copying. The UL MOU also can be obtained by writing

to Commandant (G-MVI), U.S. Coast Guard, 2100 Second Street, S.W.

Washington, DC, 20593-0001, or by sending a request via electronic mail

to ``s.wehr/g-m18@cgsmtp.comdt.uscg.mil''.

Note that the NPRM does not propose to remove or revise 46 CFR

2.75-25 covering recognized laboratories for portable fire

extinguishers. UL, Factory Mutual, and Underwriters Laboratories of

Canada are all recognized for testing and approval of various types of

portable fire extinguishers at present.

The proposed revisions to subpart 159.010 regarding recognized

laboratories are described in the following paragraphs:

(a) Section 159.010-1 would be revised to indicate that recognized

laboratories are covered in Subpart 159.010.

(b) Section 159.010-9 would be completely revised to contain a

description of the required contents of an MOU, the requirements for

laboratories that desire to enter into MOUs with the Coast Guard in

order to become recognized laboratories, and information on how to

obtain copies of existing MOUs and related information. This section

proposes to require, as part of the MOU, comparison testing with other

recognized laboratories for those items of equipment, such as PFDs,

where subjective testing is involved. Because PFDs require testing with

human subjects, the way the tests are run can significantly affect the

results. Therefore, the Coast Guard is considering ways to make sure

that recognized laboratories achieve comparable results. As drafted,

the rule would simply require each laboratory to conduct comparison

testing as directed by the Coast Guard, no more often than once every

six months. Comments are requested on any or all of the following

alternatives for assuring comparability of determinations and test

results:

(1) Laboratories could be required to retain test PFDs for at least

six months after testing is completed. The Coast Guard could call for

these devices at any time before they are discarded, and provide them

to another recognized laboratory or laboratory seeking recognition for

testing. The second laboratory's results should be comparable to those

of the first laboratory. If they are not, the Coast Guard would conduct

an analysis to determine why the results are different and how to

resolve the differences.

(2) The Coast Guard is considering including a provision in the MOU

in which the recognized laboratory would agree to participate in an

annual workshop. At such a workshop, laboratories could share

information regarding methods used during approval testing. The Coast

Guard expects that laboratories would take turns hosting workshops, and

that test personnel from all recognized laboratories would attend.

Problems identified by the Coast Guard, manufacturers, and the

laboratories could be addressed at these workshops, and the various

methods of conducting tests could be compared. Results could be

compared using different types of test equipment and techniques.

(3) The Coast Guard also seeks to ensure that all recognized

laboratories performing approval procedures consider not only the needs

of manufacturers, but the needs of PFD users and potential accident

victims as well. The Coast Guard seeks to ensure that laboratories

appropriately consider the needs of PFD users while providing uniform

approval testing services. The Coast Guard specifically seeks comments

regarding incentives that could be established to encourage

laboratories to maintain the proper balance between the needs of

boaters and manufacturers.

(c) Sections 159.010-17, 159.010-19, and 159.010-21 would be

revised to cover MOUs and recognized laboratories.

(d) Finally, revisions are proposed in several subparts of part 160

covering PFDs, to remove information that would be redundant or

obsolete, as a result of the proposed changes to subpart 159.010 on

recognized laboratories. The revisions would affect subparts 160.047,

160.048, 160.049, 160.052, 160.060, 160.064, and 160.077.

Commercial Vessels

Although the inflatable PFDs approved under the rules in the IFR

are intended for recreational boats, the Coast Guard is considering

permitting them to be used on certain small commercial vessels.

Uninspected commercial vessels under 12.1 m (40 ft) in length, not

carrying passengers, may presently carry the same types of PFDs used on

recreational boats. The regulations for these vessels are in 46 CFR

subchapter C. In addition, small passenger vessels inspected under 46

CFR subchapter T, may carry recreational boat PFDs as additional

equipment for the optional use of passengers, who want to wear PFDs

while underway. Under the IFR, inflatable PFDs for recreational boats

will be required to be marked ``NOT APPROVED FOR USE ON COMMERCIAL

VESSELS.'' If, as a result of comments, the Coast Guard decides to

permit the limited use of these devices on commercial vessels, the

requirement for the marking will be removed.

Incorporation by Reference

The following material would be incorporated by reference in 33 CFR

181.4: Underwriters Laboratories Standard UL 1123, Marine Buoyant

Devices, February 17, 1995; and Underwriters Laboratories Standard UL

1180, Fully Inflatable Recreational Personal Flotation Devices, edition

1, May 15, 1995. The following material would be incorporated by

reference in 46 CFR 159.001-2: International Maritime Organization

Resolution A.739(18), Guidelines for the Authorization of Organizations

Acting on Behalf of the Administration, [[Page 32865]] November 22,

1993. Copies of the material are available for inspection where

indicated under ``ADDRESSES.'' Copies of the material are available

from the sources listed in 33 CFR 181.4, and 46 CFR 159.001-2.

Before publishing a final rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979).

The Coast Guard expects the economic impact of this proposal to be

so minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. The rules

proposed in this notice are generally procedural, to enable boaters to

purchase and use inflatable PFDs on their boats, only if they wish to

do so. The only proposal that would require affected parties to do

something they are not already doing, is the proposal to provide

postage prepaid registration cards. Manufacturers are only being

required to hold these cards for five years. No analysis or production

of lists is required, unless a defect in an inflatable PFD is found. In

that case, the registration cards will make it easier and less costly

to locate owners, than it would be otherwise. The volume of these cards

will not be such that manufacturers should have to add facilities or

staff. The cards probably will be printed as part of the PFD

information manual that is presently required for all PFDs. Postage

would be 20 per card if stamps are used. If the total cost for this

requirement, including overhead, is 50 per device, the total cost to

the industry would be only $25,000 annually if 50,000 units per year

are produced. Comments are invited on this analysis.

Small Entities

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

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' may include (1) small businesses and not-

for-profit organizations that are independently owned and operated and

are not dominant in their fields and (2) governmental jurisdictions

with populations of less than 50,000.

The rules proposed in this notice are generally procedural, to

enable boaters to purchase and use inflatable PFDs on their boats, only

if they wish to do so. As discussed above the economic impact of the

new requirements are expected to be minimal. Because it expects the

impact of this proposal to be minimal, the Coast Guard certifies under

5 U.S.C. 605(b) that this proposal, if adopted, will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the

Office of Management and Budget (OMB) reviews each proposed rule that

contains a collection-of-information requirement to determine whether

the practical value of the information is worth the burden imposed by

its collection. Collection-of-information requirements include

reporting, recordkeeping, notification, and other, similar

requirements.

This proposal contains collection-of-information requirements in

the following sections: 33 CFR part 181, subpart H. The following

particulars apply:

DOT No: 2115.

OMB Control No.: 2115-0141

Administration: U.S. Coast Guard.

Title: Reporting and recordkeeping requirements for fire fighting

equipment, structural fire protection materials, lifesaving equipment,

and marine sanitation devices.

Need for information: Registration cards are needed to enable

manufacturers to notify first purchasers of any defects found in

inflatable personal flotation devices.

A Memorandum of Understanding (MOU) is needed to document the

responsibilities of the laboratory and the responsibilities of the

Coast Guard in relation to equipment testing, inspection, and approval.

Proposed Use of Information: Manufacturers would use the

registration card information to contact first purchasers of inflatable

PFDs found to have defects.

An MOU formally documents the responsibilities of the laboratory

and the responsibilities of the Coast Guard in relation to equipment

testing, inspection, and approval.

Frequency of Response: Registration cards would be used only if a

manufacturer's PFDs were found to have defects that required

notification of first purchasers. No regular reporting is required.

An MOU is required only once, when a laboratory seeks to become a

recognized laboratory for a particular classification of equipment.

Burden Estimate: Total annual burden for registration cards is

approximately 1700 hours industry-wide.

The Coast Guard estimates that no more than one MOU per year would

be developed. Drafting of the MOU should not require more than two

weeks of effort for one person, for an annual burden of 80 hours.

Copies of existing MOUs may be obtained from the Coast Guard and

modified to meet the needs of the individual laboratory and the Coast

Guard.

Respondents: Registration card respondents are the estimated five

manufacturers that will produce Coast Guard approved inflatable PFDs

for recreational boats.

MOU respondents are laboratories that want to be recognized

independent laboratories. The Coast Guard estimates no more than one

MOU respondent per year.

Form(s): No Federal forms are required.

Average Burden Hours Per Respondent: 340 hours annually for each of

the five manufacturers holding registration cards.

If the average recognized laboratory enters into a new or revised

MOU once every five years, the average annual burden would be 16 hours.

The Coast Guard has submitted the requirements to OMB for review

under section 3504(h) of the Paperwork Reduction Act. Persons

submitting comments on the requirements should submit their comments

both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment. This rulemaking

establishes and revises procedures for Coast Guard approval of

inflatable and other PFDs. The authority to establish these

requirements are committed to the Coast Guard by Federal statutes.

Furthermore, since PFDs are manufactured and used in the national

marketplace, safety standards for PFDs should be national in scope to

avoid burdensome variances. Therefore, the Coast Guard intends for this

rule, if adopted, to preempt State action on the same subject matter.

[[Page 32866]]

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under paragraph 2.B.2 of Commandant

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

further environmental documentation. The proposal is procedural in

nature, and contains nothing that would affect the environment.

List of Subjects

33 CFR Part 175

Marine safety.

33 CFR Part 179

Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 181

Labeling, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 2

Marine safety, Reporting and recordkeeping requirements, vessels.

46 CFR Part 159

Business and industry, Laboratories, Marine safety, Reporting and

recordkeeping requirements.

46 CFR Part 160

Marine safety, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR parts 175, 179 and 181; and 46 CFR parts 2, 159, and

160 as follows:

Title 33--[Amended]

PART 175--EQUIPMENT REQUIREMENTS

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

follows:

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

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

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

* * * * *

(a) In serviceable condition as provided in Sec. 175.23;

* * * * *

3. Section 175.23 is added to read as follows:

Sec. 175.23 Serviceable condition.

A PFD is considered to be in serviceable condition for purposes of

Sec. 175.21(a) only if the following conditions are met:

(a) No PFD may exhibit deterioration that could diminish the

performance of the PFD, including--

(1) Metal or plastic hardware used to secure the PFD on the wearer

that is broken, deformed, or weakened by corrosion;

(2) Webbings or straps used to secure the PFD on the wearer that

are ripped, torn, or which have become separated from an attachment

point on the PFD; or

(3) Any other rotted or deteriorated structural component that

fails when tugged.

(b) In addition to meeting the requirements of paragraph (a) of

this section, no inherently buoyant PFD, including the inherently

buoyant components of a hybrid inflatable PFD, may exhibit--

(1) Rips, tears, or open seams in fabric or coatings, that are

large enough to allow the loss of buoyant material;

(2) Buoyant material that has become hardened, non-resilient,

permanently compressed, waterlogged, oil-soaked, or which shows

evidence of fungus or mildew; or

(3) Loss of buoyant material or buoyant material that is not

securely held in position.

(c) In addition to meeting the requirements of paragraph (a) of

this section, an inflatable PFD, including the inflatable components of

a hybrid inflatable PFD, must be equipped with--

(1) Except as provided in paragraph (d) of this section, a properly

armed inflation mechanism, complete with a full inflation medium

cartridge and all status indicators showing that the inflation

mechanism is properly armed;

(2) Inflatable chambers that are all capable of holding air;

(3) Oral inflation tubes that are not blocked, detached, or broken;

(4) A manual inflation lanyard or lever that is not inaccessible,

broken, or missing; and

(5) Inflator status indicators that are not broken or otherwise

non-functional.

(d) The inflation system of an inflatable PFD need not be armed

when the PFD is worn inflated and otherwise meets the requirements of

paragraphs (a) and (c) of this section.

PART 179--DEFECT NOTIFICATION

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

follows:

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

49 CFR 1.46.

5. Section 179.01 is revised to read as follows:

Sec. 179.01 Purpose.

This part prescribes rules to implement 46 U.S.C. 4310, governing

the notification of defects in boats and associated equipment.

6. Section 179.03 is revised to read as follows:

Sec. 179.03 Definitions.

Associated equipment means the following equipment as shipped,

transferred, or sold from the place of manufacture and includes all

attached parts and accessories:

(a) An inboard engine.

(b) An outboard engine.

(c) A stern drive unit.

(d) An inflatable personal flotation device approved under 46 CFR

160.076.

Boat means any vessel--

(a) Manufactured or used primarily for noncommercial use;

(b) Leased, rented, or chartered to another for the latter's

noncommercial use; or

(c) Engaged in the carrying of six or fewer passengers.

Manufacturer means any person engaged in--

(a) The manufacture, construction, or assembly of boats or

associated equipment;

(b) The manufacture or construction of components for boats and

associated equipment to be sold for subsequent assembly; or

(c) The importation into the United States for sale of boats,

associated equipment, or components thereof.

7. Section 179.05 is revised to read as follows:

Sec. 179.05 Manufacturer discovered defects.

Each manufacturer who is required to furnish a notice of a defect

or failure to comply with a standard under 46 U.S.C. 4310(b), shall

furnish that notice within 30 days after the manufacturer discovers the

defect or failure to comply.

8. Section 179.07 is revised to read as follows:

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

Each manufacturer who gives notice by more expeditious means as

provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in

writing.

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

follows:

Sec. 179.09 Contents of notification.

Each notice required under 46 U.S.C. 4310(b) must include the

following additional information:

* * * * *

10. Section 179.11 is revised to read as follows:

Sec. 179.11 Defects determined by the Commandant.

A manufacturer who is informed by the Commandant under 46 U.S.C.

4310(f) that a boat or associated [[Page 32867]] equipment contains a

defect relating to safety or failure to comply with a regulation issued

under the authority of 46 U.S.C. 4302, shall within 30 days of receipt

of the information--

(a) Furnish the notification described in 46 U.S.C. 4310(d) to the

persons designated in 46 U.S.C. 4310(c), or

(b) Provide information to the Commandant by certified mail stating

why the manufacturer believes there is no defect relating to safety or

failure of compliance.

11. In Sec. 179.13, paragraphs (a) introductory text, (a)(1), and

(a)(2) are revised to read as follows:

Sec. 179.13 Initial report to the Commandant.

(a) When a manufacturer gives a notification required under 46

U.S.C. 4310, the manufacturer shall concurrently send to the Commandant

by certified mail--

(1) A true or representative copy of each notice, bulletin, and

other communication given to persons required to be notified under 46

U.S.C. 4310(c);

(2) The total number of boats or items of associated equipment

potentially affected by the defect or failure to comply with a standard

prescribed under 46 U.S.C. 4302; and

(3) * * *

* * * * *

12. Section 179.17 is revised to read as follows:

Sec. 179.17 Penalties.

Each manufacturer who fails to comply with a provision of 46 U.S.C.

4310 or the regulations in this part, is subject to the penalties as

prescribed in 46 U.S.C. 4311.

13. Section 179.19 is revised to read as follows:

Sec. 179.19 Address of the Commandant.

(a) Each report and communication sent to the Coast Guard and

required by this part concerning boats and associated equipment other

than inflatable personal flotation devices, must be submitted to

Commandant (G-NAB-6),U.S. Coast Guard, 2100 Second St., S.W.,

Washington, DC 20593-0001.

(b) Each report and communication sent to the Coast Guard and

required by this part concerning inflatable personal flotation devices,

must be submitted to Commandant (G-MVI-3), U.S. Coast Guard, 2100

Second St., S.W., Washington, DC 20593-0001.

PART 181--MANUFACTURER REQUIREMENTS

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

follows:

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

Subpart A--General

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

Sec. 181.4 Incorporation by reference.

* * * * *

(b) The materials approved for incorporation by reference in this

part, and the sections affected are:

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

60062

UL 1123, Marine Buoyant Devices--181.703 February 17, 1995.

UL 1180, Fully Inflatable Recreational Personal--181.705

Flotation Devices, edition 1, May 15, 1995.

16. Section 181.702 is revised to read as follows:

Sec. 181.702 Information pamphlet: requirement to furnish.

(a) Each manufacturer of a Type I, II, III, IV, or V personal

flotation device (PFD) must furnish with each PFD that is sold or

offered for sale for use on a recreational boat, an information

pamphlet meeting the requirements of Sec. 181.703, Sec. 181.704, or

Sec. 181.705 of this subpart, as appropriate.

(b) No person may sell or offer for sale for use on a recreational

boat, a Type I, II, III, IV, or V PFD unless an information pamphlet

required by this section is attached in such a way that it can be read

prior to purchase.

17. Section 181.703 is revised to read as follows:

Sec. 181.703 Information pamphlet: Contents.

Unless otherwise specified in this subpart, each information

pamphlet must contain the information specified in sections 33, 34 and

35 of UL 1123.

18. Section 181.704 is added to read as follows:

Sec. 181.704 Contents of information pamphlet: Recreational hybrid

PFD.

Each information pamphlet for a recreational hybrid PFD approved

under 46 CFR 160.077 must contain the information specified in 46 CFR

160.077-27.

19. Section 181.705 is added to read as follows:

Sec. 181.705 Contents of information pamphlet: Recreational inflatable

PFD.

Each information pamphlet for a recreational inflatable PFD

approved under 46 CFR 160.077 must contain the information required by

46 CFR 160.076-35.

20. Subpart H is added to read as follows:

Subpart H--Registration Card for Inflatable Personal Flotation Devices

Sec.

181.801 Applicability.

181.805 Registration card.

181.810 Retention of registration cards.

Subpart H--Registration Card for Inflatable Personal Flotation

Devices

Sec. 181.801 Applicability.

This subpart applies to all inflatable personal flotation devices

approved under 46 CFR 160.076.

Sec. 181.805 Registration card.

(a) The manufacturer of each inflatable personal flotation device

shall furnish with each such device that is sold or offered for sale, a

postage prepaid registration card addressed to the manufacturer.

(b) The registration card required by paragraph (a) of this section

must be attached to the inflatable personal flotation device in the

same manner as the instruction pamphlet required under Sec. 181.703 of

this chapter. Alternatively, the registration card may be printed as

part of the pamphlet, arranged to be easily separated, so that the

pamphlet remains intact.

(c) Each person who sells or offers for sale a new inflatable

personal flotation device, shall ensure that the registration card is

attached at the time of purchase unless the seller of an inflatable

personal flotation device prepares and mails the registration card for

the purchaser.

(d) The following information must be provided on or with the

registration card:

(1) A statement that the manufacturer is required by federal law to

maintain information on first purchasers of inflatable personal

flotation devices intended for use on recreational boats.

(2) A statement urging the purchaser to complete and mail this

registration card to enable the manufacturer to notify the purchaser of

any important safety information concerning the device.

(3) A statement encouraging the purchaser to notify the

manufacturer of any change in the owner's name or address, should such

a change occur in the future.

(4) A statement indicating that a purchaser of more than one device

of the same model only needs to complete and mail one registration

card.

(e) The registration card must include the following:

(1) Spaces for the purchaser's name, address, telephone number, and

date of purchase. [[Page 32868]]

(2) A way to indicate the quantity of the particular make and model

of device purchased.

(3) Other information needed by the manufacturer to identify the

manufacturing lot or serial numbers of the devices purchased.

Sec. 181.810 Retention of registration cards.

The manufacturer shall retain each completed registration card for

a period of at least five years after it is received.

TITLE 46--[AMENDED]

PART 2--VESSEL INSPECTIONS

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

follows:

Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;

E.O. 12334, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 2.45

also issued under the authority of Act Dec. 27, 1950, Ch. 1155,

secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1).

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

Sec. 2.75-1 Approvals.

* * * * *

(f) A listing of current and formerly approved equipment and

materials is published by the Coast Guard from time to time in

``Equipment Lists'' (COMDTINST M16714.3 series), which is available for

sale from the Superintendent of Documents, Government Printing Office.

Sec. 2.75-17 [Removed]

23. Section 2.75-17 is removed.

Sec. 2.75-18 [Removed]

24. Section 2.75-18 is removed.

Sec. 2.75-19 [Removed]

25. Section 2.75-19 is removed.

Sec. 2.75-20 [Removed]

26. Section 2.75-20 is removed.

Sec. 2.75-30 [Removed]

27. Section 2.75-30 is removed.

28. In Sec. 2.75-50, the section heading and paragraph (a) are

revised and a new paragraph (c) is added to read as follows:

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

(a) The Commandant may withdraw approval for any item which is

found not to be in compliance with the conditions of approval, found to

be unsuitable for its intended purpose, or does not meet the

requirements of applicable regulations.

* * * * *

(c) Any person directly affected by a decision to deny, withdraw,

or terminate an approval may appeal the decision to the Chief of the

Office of Marine Safety, Security, and Environmental Protection

(Commandant (G-M)) as provided in Sec. 1.03-15 of this chapter.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

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

follows:

Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section

159.001-9 also issued under the authority of 44 U.S.C. 3507.

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

Sec. 159.001-2 Right of appeal.

Any person directly affected by a decision or action taken under

this subchapter, by or on behalf of the Coast Guard, may appeal to the

Chief of the Office of Marine Safety, Security, and Environmental

Protection (Commandant (G-M)) as provided in Sec. 1.03-15 of this

chapter.

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

Sec. 159.001-3 Definitions.

As used in this part:

Classification society means an organization involved in the

inspection of ships and ship equipment, and which, as determined by the

Commandant, meets the standards in IMO Resolution A.739(18).

Independent laboratory means an organization which meets the

standards for acceptance in Sec. 159.010-3 of this part, and which is

accepted by the Coast Guard for performing certain tests and

inspections. In addition to commercial testing laboratories, the

Commandant may also accept classification societies and agencies of

governments that are involved in the inspection and testing of marine

safety equipment that meet the requirements of Sec. 159.010-3.

Memorandum of Understanding (MOU) is an agreement between the Coast

Guard and a laboratory that specifies the approval functions a

recognized independent laboratory performs for the Coast Guard and the

recognized independent laboratory's working arrangements with the Coast

Guard.

Recognized independent laboratory means an independent laboratory

which meets the standards of Sec. 159.010-3, and is accepted by the

Coast Guard to perform certain equipment approval functions on behalf

of the Coast Guard, as described in a Memorandum of Understanding

signed by the laboratory and the Coast Guard in accordance with

Sec. 159.010-9(b).

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

Sec. 159.001-4 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register under 5

U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that

specified in paragraph (b) of this section, the Coast Guard must

publish notice of change in the Federal Register; and the material must

be available to the public. All approved material is available for

inspection at the Office of the Federal Register, 800 North Capitol

Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard,

Survival Systems Branch (G-MVI-3), 2100 Second Street SW, Washington,

DC 20593-0001, and is available from the sources indicated in paragraph

(b) of this section.

(b) The material approved for incorporation by reference in this

part (subchapter) and the sections affected are as follows:

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London SE1 7SR, England

Resolution A.739(18), Guidelines for the Authorization of Organizations

Acting on Behalf of the Administration, November 22, 1993--159.001-3

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

Sec. 159.001-5 Correspondence and applications.

Unless otherwise specified, all correspondence and applications in

connection with approval and testing of equipment and materials must be

addressed to: Commandant (G-MVI), U.S. Coast Guard, 2100 Second St.,

S.W., Washington, DC 20593-0001, Telephone: (202) 267-1444, Facsimile:

(202) 267-1069, Electronic mail: ``MVI-3/G-M[email protected]''.

Subpart 159.005--Approval Procedures

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

follows:

Sec. 159.005-13 Equipment or material: approval.

(a) * * *

(4) Publishes a record of the approval in ``Equipment Lists.'' The

most recent edition of ``Equipment Lists'' U.S. Coast Guard Publication

M16714.3 (series) is available from the Superintendent of Documents,

U.S. Government Printing [[Page 32869]] Office, P.O. Box 371954,

Pittsburgh, PA 15250-7954.

* * * * *

35. The title of subpart 159.010 is revised to read as follows:

Subpart 159.010--Independent Laboratory: Acceptance, Recognition,

and Termination

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

Sec. 159.010-1 Purpose.

This subpart contains the following:

(a) The standards and procedures under which the Coast guard

accepts an independent laboratory that a manufacturer proposes to use.

(b) The standards and procedures under which a laboratory is

accepted as a recognized laboratory under applicable subparts.

(c) The circumstances under which the acceptance or recognition of

a laboratory is terminated.

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

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

(a) Each application for acceptance of an organization as an

independent laboratory must contain the following:

(1) The name and address of the organization.

(2) A list of the equipment or material that the organization would

inspect, or test, or both, under this subchapter.

(3) A description of the organization's experience and its

qualifications for conducting the inspections and tests required in the

applicable subpart.

(4) A description of the apparatus and facilities available to the

organization for conducting those inspections and tests.

(5) If instruments are used in the required tests and inspections,

a description of the instrument calibration program applying to those

instruments.

(6) The position titles of personnel who are to perform, supervise,

or witness those inspections or tests, along with the training and

experience required for personnel in those positions.

(7) A statement signed by the chief officer of the organization or

the chief officer's representative, that an official representative of

the Coast Guard is allowed access to the place where tests and

inspections take place, to verify the information submitted in the

application, or to witness tests and inspections.

(b) Each application for acceptance as an independent laboratory

from an organization that is not submitted by an agency of another

government, or a classification society, must also contain the

following:

(1) The name and address of each subsidiary and division of the

organization or a statement that none are involved in the testing or

manufacturing of equipment approved under this subchapter.

(2) The name, title, address, and principal business activity of

each of the organization's officers and directors, and the name,

address, and principal business activity of each person, company, or

corporation that owns at least three-percent interest in the

organization or in a company or corporation that controls the

organization.

Sec. 159.010-7 [Removed]

38. Section 159.010-7 is removed.

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

Sec. 159.010-9 Recognized independent laboratory: Memorandum of

Understanding.

(a) Only laboratories that have entered into an MOU with the Coast

Guard may perform the functions of a recognized laboratory under this

chapter.

(b) An independent laboratory seeking to become a recognized

independent laboratory must submit a signed MOU to the Commandant that

includes--

(1) A statement of purpose;

(2) An identification and description of the parties involved;

(3) A description of the problem resolution and appeals processes;

(4) A description of the process for measuring effectiveness and

efficiency of the program under the MOU;

(5) The effective date of the MOU and terms for its termination;

(6) A statement to the effect that the MOU is not an exclusive

agreement between the recognized independent laboratory and the Coast

Guard;

(7) An agreement to conduct comparison testing with other

recognized laboratories as directed by the Coast Guard, no more often

than twice each year, with the laboratory bearing the cost of sample

acquisition and testing;

(8) A statement as to how the costs of implementing the MOU will be

borne; and

(9) A description of each party's responsibilities for--

(i) Equipment review and approval;

(ii) Coast Guard oversight of the recognized independent

laboratory's procedures and processes;

(iii) Coordination between the parties;

(iv) Developing and maintaining regulations and standards;

(v) Handling review and approval of new and novel items not

anticipated by existing regulations and standards;

(vi) Testing and inspection facilities and procedures;

(vii) Production quality control; and

(viii) Maintenance of records.

(c) The signature on the MOU required by paragraph (b) of this

section must be that of the chief officer of the independent laboratory

or the chief officer's representative. The Commandant or an authorized

representative of the Commandant will review the MOU to ensure it

contains the information contained in paragraph (b) of this section and

is consistent with other MOUs signed by the Commandant. If the

Commandant determines that the MOU is acceptable and the independent

laboratory is capable of carrying out the functions identified in the

MOU, the Commandant or authorized representative will sign the MOU.

Where qualitative tests or determinations are required for approval or

follow-up, provision must be made for conducting comparison tests with

other recognized laboratories.

(d) Copies of MOUs signed by the Commandant in accordance with this

part and of lists of independent laboratories which have been accepted

as recognized laboratories but which have not yet been added to the

lists included in this subchapter may be obtained at the address listed

in Sec. 159.001-5.

Sec. 159.010-11 [Removed]

40. Section 159.010-11 is removed.

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

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

(a) If any of the information submitted under Sec. 159.010-5(a)

changes, the laboratory shall notify the Commandant in writing of each

change within 30 days after the change has occurred.

(b) If any change in the independent laboratory occurs which

affects its performance under the MOU required under Sec. 159.010-9,

the laboratory shall notify the Commandant in writing within 30 days

after the change occurs. The Commandant may terminate the MOU, or may

require amendments or revisions.

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

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

independent laboratory.

The acceptance or recognition of a laboratory terminates if the

laboratory--

(a) Requests termination;

(b) Is no longer in business; [[Page 32870]]

(c) Knowingly fails to perform or supervise an inspection or test,

or both, as required in an applicable subpart;

(d) Knowingly attests to the lack of errors, omissions, or false

statement of an approval test report that contains errors, omissions,

or false statements;

(e) Does not meet the requirements of Sec. 159.010-3(a);

(f) Does not comply with Sec. 159.010-17;

(g) Contracts or transfers the performance or supervision of

required inspections or tests to another laboratory or person without

the approval of the Commandant; or

(h) Fails to, or in the opinion of the Commandant is unable to,

carry out its responsibilities under an MOU required by Sec. 159.010-9.

43. In Sec. 159.010-21, the section heading and paragraph (a) are

revised to read as follows:

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

(a) If the Coast Guard receives evidence of grounds for termination

of acceptance or recognition of an independent laboratory under

Sec. 159.010-19, the Commandant will notify the laboratory that

termination is under consideration. The notification will specify the

reasons for which termination is considered. If a deficiency could

materially affect the validity of an approval issued under an

applicable subpart, the Commandant may immediately suspend the

acceptance of the laboratory and may direct the holder of the

certificate of approval to cease claiming that the items tested or

inspected by the laboratory are Coast Guard approved, pending a final

decision in the matter. The Commandant may direct an investigation into

the matter.

* * * * *

PART 160--LIFESAVING EQUIPMENT

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

follows:

Authority: 46 U.S.C. 3306, 3703, and 4302; E.O. 12234, 3 CFR,

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

Subpart 160.021--Hand Red Flare Distress Signals

Sec. 160.021-9 [Removed]

45. Section 160.021-9 is removed.

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

Sec. 160.022-9 [Removed]

46. Section 160.022-9 is removed.

Subpart 160.023--Hand Combination Flare and Smoke Distress Signals

Sec. 160.023-9 [Removed]

47. Section 160.023-9 is removed.

Subpart 160.024--Pistol-Projected Parachute Red Flare Distress

Signals

Sec. 160.024-9 [Removed]

48. Section 160.024-9 is removed.

Subpart 160.028--Signal Pistols for Red Flare Distress Signals

Sec. 160.028-9 [Removed]

49. Section 160.028-9 is removed.

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

Equipment)

Sec. 160.031-9 [Removed]

50. Section 160.031-9 is removed.

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

Distress Signals

Sec. 160.036-9 [Removed]

51. Section 160.036-9 is removed.

Subpart 160.037--Hand Orange Smoke Distress Signals

Sec. 160.037-9 [Removed]

52. Section 160.037-9 is removed.

Subpart 160.040--Line-Throwing Appliance, Impulse-Projected Rocket

Type (and Equipment)

Sec. 160.040-9 [Removed]

53. Section 160.040-9 is removed.

Subpart 160.047--Specifications for a Buoyant Vest, Kapok, or

Fibrous Glass, Adult and Child

Sec. 160.047-6a [Removed]

54. Section 160.047-6a is removed.

Sec. 160.047-6b [Removed]

55. Section 160.047-6b is removed.

Sec. 160.047-6c [Removed]

56. Section 160.047-6c is removed.

57. Section 160.047-7 is revised to read as follows:

Sec. 160.047-7 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter, to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.047-9 [Removed]

58. Section 160.047-9 is removed.

Sec. 160.047-10 [Removed]

59. Section 160.047-10 is removed.

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

Sec. 160.048-7 [Amended]

60. In Sec. 160.048-7, remove paragraphs (a) and (d) and

redesignate paragraphs (b), (c) and (e) as (a), (b) and (c),

respectively.

Sec. 160.048-7a [Removed]

61. Section 160.048-7a is removed.

62. Section 160.048-8 is revised to read as follows:

Sec. 160.048-8 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter, to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.048-9 [Removed]

63. Section 160.048-9 is removed.

Sec. 160.048-10 [Removed]

64. Section 160.048-10 is removed.

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

Sec. 160.049-7 [Amended]

65. In Sec. 160.049-7, revise the heading, remove paragraphs (a)

and (d), and redesignate paragraphs (b), (c) and (e) as

[[Page 32871]] paragraphs (a), (b) and (c), respectively, to read as

follows:

Sec. 160.049-7 Procedure for approval.

* * * * *

Sec. 160.049-7a [Removed]

66. Section 160.049-7a is removed.

67. Section 160.049-8 is revised to read as follows:

Sec. 160.049-8 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter, to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.049-9 [Removed]

68. Section 160.049-9 is removed.

Sec. 160.049-10 [Removed]

69. Section 160.049-10 is removed.

Subpart 160.052--Specification for a Buoyant Vest, Unicellular

Plastic Foam, Adult and Child

Sec. 160.052-8a [Removed]

70. Section 160.052-8a is removed.

Sec. 160.052-8b [Removed]

71. Section 160.052-8b is removed.

Sec. 160.052-8c [Removed]

72. Section 160.052-8c is removed.

73. Section 160.052-9 is revised to read as follows:

Sec. 160.052-9 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter, to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.052-11 [Removed]

74. Section 160.052-11 is removed.

Sec. 160.052-12 [Removed]

75. Section 160.052-12 is removed.

Subpart 160.057--Floating Orange Smoke Distress Signals (15

Minutes)

Sec. 160.057-9 [Removed]

76. Section 160.057-9 is removed.

Subpart 160.060--Specification for a Buoyant Vest, Unicellular

Polyethylene Foam, Adult and Child

Sec. 160.060-8a [Removed]

77. Section 160.060-8a is removed.

Sec. 160.060-8b [Removed]

78. Section 160.060-8b is removed.

Sec. 160.060-8c [Removed]

79. Section 160.060-8c is removed.

80. Section 160.060-9 is revised to read as follows:

Sec. 160.060-9 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter, to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.060-11 [Removed]

81. Section 160.060-11 is removed.

Sec. 160.060-12 [Removed]

82. Section 160.060-12 is removed.

Subpart 160.064--Marine Buoyant Devices

Sec. 160.064-5 [Removed]

83. Section 160.064-5 is removed.

Sec. 160.064-5a [Removed]

84. Section 160.064-5a is removed.

Sec. 160.064-5b [Removed]

85. Section 160.064-5b is removed.

86. Section 160.064-7 is revised to read as follows:

Sec. 160.064-7 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this chapter, and shall apply for approval directly to a recognized

independent laboratory. The following laboratories are recognized under

Sec. 159.010-9 of this chapter to perform testing and approval

functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.064-8 [Removed]

87. Section 160.064-8 is removed.

Sec. 160.064-9 [Removed]

88. Section 160.064-9 is removed.

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

Flare

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

follows:

Sec. 160.066-11 Approval procedures.

* * * * *

(c) The approval tests must be performed by an independent

laboratory accepted by the Commandant under Subpart 159.010 of this

chapter.

Sec. 160.066-18 [Removed]

90. Section 160.066-18 is removed.

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

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

Sec. 160.077-9 Recognized Laboratory.

(a) A manufacturer seeking Coast Guard approval of a product under

this subpart shall follow the approval procedures of subpart 159.005 of

this [[Page 32872]] chapter, and shall apply for approval directly to a

recognized independent laboratory. The following laboratories are

recognized under Sec. 159.010-9 of this chapter, to perform testing and

approval functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,

Research Triangle Park, NC 27709-3995, (919) 549-1400.

(b) Production oversight must be performed by the same laboratory

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Dated: June 1, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,

Security and Environmental Protection.

[FR Doc. 95-15076 Filed 6-22-95; 8:45 am]

BILLING CODE 4910-14-P