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

SUMMARY: As part of the Presidential Regulatory Reform Initiative, the

Coast Guard is establishing approval procedures for recreational

inflatable personal flotation devices (PFDs), designating recreational

inflatable PFDs as ``associated equipment'' for purposes of defect

notification, revising the approval procedures for other kinds of

recreational PFDs, and making editorial changes. These procedures are

intended to establish an efficient approval procedure for PFDs. The

Coast Guard anticipates that recreational boaters will be more likely

to wear inflatable PFDs than currently approved devices, thereby

increasing use of PFDs by the boating public and saving lives.

DATES: This rule is effective on April 29, 1996. The Director of the

Federal Register approves as of April 29, 1996 the incorporation by

reference of certain publications listed in the regulations.

FOR FURTHER INFORMATION CONTACT:

Mr. Kurt J. Heinz, Marine Safety and Environmental Protection

Directorate, Lifesaving and Fire Safety Standards Branch (G-MMS-4),

telephone (202) 267-1444, facsimile (202) 267-1069, or electronic mail

``Kurt____Heinz/[email protected]''.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

Proposed Rulemaking (ANPRM) entitled ``Inflatable Personal Flotation

Devices'' in the Federal Register (58 FR 59428). The ANPRM addressed

structural and performance standards for inflatable PFDs, and

procedures for approval and carriage requirements. On June 23, 1995,

the Coast Guard published a notice of proposed rulemaking (NPRM)

entitled ``Approval of Inflatable Personal Flotation Devices (PFDs) for

Recreational Boaters'' in the Federal Register (60 FR 32861). The Coast

Guard received 3 letters commenting on the NPRM. No public hearing was

requested and none was held.

Background and Purpose

In the same Federal Register as the NPRM for this rulemaking, the

Coast Guard published an interim rule (IR) containing structural and

performance standards for recreational inflatable personal flotation

devices (60 FR 32836). Limited procedures to allow for approval of

these devices were included in the IR. The NPRM for this rulemaking

proposed, as part of the Presidential Regulatory Reform Initiative, a

reinvention of the process for approval of inflatable and other PFDs

for recreational boats. The proposed rules would remove duplicative

requirements from multiple subparts dealing with various types of PFDs,

and allow for wider participation of independent laboratories in the

approval process. These proposed rules were not published as part of

the IR because they may affect the approval of other types of PFDs to a

limited extent and the public had not yet had a chance to fully

participate in their development.

Discussion of Comments and Changes

The NPRM proposed to designate inflatable PFDs as ``associated

equipment'' in 33 CFR Part 179 in accordance with 46 U.S.C. 4310. The

effect of this designation would be to require manufacturers to

establish and maintain a list of first purchasers of inflatable PFDs,

and to notify those purchasers of any defects which have been

discovered after the PFDs have been produced and sold.

Comments on this proposed provision were received from two PFD

manufacturers and from the association representing PFD manufacturers.

All three comments opposed the proposal. The association's comment

suggested that designation of inflatable PFDs as ``associated

equipment'' would place an inappropriate and inconsistent burden on

inflatable PFDs in relation to requirements for other items of personal

protection equipment. The two manufacturers' comments noted that the

designation of inflatable PFDs as ``associated equipment'' did not

appear to be consistent with the items which are currently so

designated, i.e., inboard and outboard engines and stern drive units.

The Coast Guard does not agree with the comments which opposed

designation of inflatable PFDs as ``associated equipment'' based solely

on perceived similarity, or lack of similarity, to existing equipment.

In the recreational boating arena, approved inflatable PFDs are an

entirely new class of equipment with which the Coast Guard and the

boating public have had little practical experience. The Coast Guard is

concerned that as manufacturers begin producing approved inflatable

PFDs for the recreational boating market for the first time, there may

be latent defects in manufacturing or materials introduced into the

product which would become apparent only after extended use and

exposure in the marine environment. The provisions in 46 U.S.C.

4310(c)(1)(A) for notification of first purchasers of ``associated

equipment'' in the event of known defects or failures of compliance

would facilitate the widespread introduction of inflatable PFDs into

this unfamiliar market with a minimum of risk to both users and

manufacturers. The designation of inflatable PFDs for recreational

boats as ``associated equipment'' complements the ``Recreational

Inflatable Personal Flotation Device Standards'' final rule published

elsewhere in today's Federal Register, which allows for approval of

these devices with a minimum of restrictions or conditions.

Consequently, 33 CFR 179.03, paragraph (d) under ``Associated

equipment'' is retained as proposed in the NPRM. Because this provision

is intended only to manage the risk involved in the introduction of a

new product to a generally inexperienced market, the Coast Guard will

re-evaluate it five years from the effective date of these regulations

and remove it if it determines it is no longer necessary. As was

discussed in the NPRM, these regulations (like all regulations

affecting recreational boats) are reviewed periodically at public

meetings of the National Boating Safety Advisory Council (NBSAC).

The NPRM proposed that as a means of developing and maintaining a

list of first purchasers, PFD manufacturers be required to provide a

postage-paid product registration card with each inflatable PFD, and to

retain the returned cards on file for five years. Two comments from PFD

manufacturers opposed the requirement, in proposed new Subpart H of 33

CFR Part 181, for PFD manufacturers to provide a postage-paid

registration card with each inflatable PFD sold. The comments cited the

burden and expense associated with the provision of such cards.

In response to the comments, the Coast Guard has decided not to

include the proposed 33 CFR Part 181, Subpart H in this final rule.

With the designation of inflatable PFDs as ``Associated equipment'' in

the new 33 CFR 179.05, PFD manufacturers will be expected to ``exercise

reasonable diligence in establishing and maintaining a list of

[[Page 13925]]

(first) purchasers and their current addresses.'' The Coast Guard

acknowledges that there are other suitable means of accomplishing this

end than by a mandated postage-paid card to be filled in by the first

retail purchaser. PFD manufacturers may arrange for assistance of

dealers and distributors in obtaining information concerning first

purchasers, or provide for toll-free telephone or on-line registration

by first purchasers. The removal of the postage-paid postcard

requirement gives manufacturers flexibility to adopt the means best

suited to their individual situations.

There are no comments on any of the other proposals in the NPRM.

Those proposals were discussed in detail in the preamble to the NPRM,

and are being adopted in this final rule with only minor editorial

refinements and corrections, such as updating of Coast Guard staff

symbols to reflect a recent Coast Guard reorganization.

The only substantive addition not specifically proposed in the NPRM

is to redesignated 46 CFR 159.010-19, which specifies procedures for

termination of acceptance or recognition of laboratories. Since

termination of acceptance or recognition of a laboratory by the

Commandant constitutes a final agency action, procedural measures have

been added to ensure that such action cannot be taken by the Commandant

without due process.

Incorporation by Reference

The Director of the Federal Register has approved the material in

33 CFR 181.4 and 46 CFR 159.001-4 for incorporation by reference under

5 U.S.C. 552 and 1 CFR part 51. The material is available as indicated

in those sections.

Regulatory Evaluation

This rulemaking is not a significant regulatory action under

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

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has not been reviewed by the Office of Management and

Budget under that order. It is not significant under the regulatory

policies and procedures of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979).

The Coast Guard expects the economic impact of this rulemaking to

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

the regulatory policies and procedures of DOT is unnecessary. These

rules are generally procedural, enabling boaters to purchase and use

inflatable PFDs on their boats if they wish to do so. The only rule

that will require affected parties to do something they are not already

doing is the designation of inflatable PFDs as ``associated

equipment'', which will require that manufacturers ``exercise due

diligence in establishing and maintaining a list of (first) purchasers

and their current addresses.'' Compliance with this requirement can be

as simple as maintenance of returned postage-prepaid registration

cards, as was proposed in the NPRM. Since that specific requirement is

not included in this final rule, manufacturers will have flexibility to

comply with the statutory requirement in the least burdensome manner

for their particular circumstances. The total cost for this

requirement, including overhead, is expected to be no more than

50 cents per device, resulting in a total cost to the industry of only

$25,000 annually if 50,000 units per year are produced.

Small Entities

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

Coast Guard must consider whether this rulemaking will have a

significant economic impact on a substantial number of small entities.

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

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

These rules are generally procedural, enabling boaters to purchase

and use inflatable PFDs on their boats if they wish to do so. As

discussed above, the economic impact of the new requirements is

expected to be minimal, and no comments were received concerning the

impact of this rulemaking on small entities. Therefore, the Coast Guard

certifies under section 605(b) of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) that this rule will not have a significant economic

impact on a substantial number of small entities.

Collection of Information

This rule contains collection-of-information requirements. The

Coast Guard has submitted the requirements to the Office of Management

and Budget (OMB) for review under section 3504(h) of the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.). The Coast Guard will publish a

notice in the Federal Register when they have been approved. The

section number is 46 CFR 159.010-7.

Federalism

The Coast Guard has analyzed this rulemaking under the principles

and criteria contained in Executive Order 12612 and has determined that

it does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment. This rulemaking establishes and

revises procedures for Coast Guard approval of inflatable and other

PFDs. The authority to establish these requirements is committed to the

Coast Guard by Federal statutes. Furthermore, since PFDs are

manufactured and used in the national marketplace, safety standards for

PFDs should be national in scope to avoid burdensome variances.

Therefore, this rule preempts State action on the same subject matter.

Environment

The Coast Guard considered the environmental impact of this

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

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

further environmental documentation. This rulemaking is procedural in

nature, and contains nothing that would affect the environment.

List of Subjects

33 CFR Part 175

Marine safety.

33 CFR Part 179

Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 181

Incorporation by Reference, Labeling, Marine safety, Reporting and

recordkeeping requirements.

46 CFR Part 2

Marine safety, Reporting and recordkeeping requirements, vessels.

46 CFR Part 159

Business and industry, Incorporation by Reference, Laboratories,

Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 160

Marine safety, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR parts 175, 179 and 181; and 46 CFR parts 2, 159, and 160 as

follows:

Title 33--[Amended]

PART 175--EQUIPMENT REQUIREMENTS

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

follows:

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

[[Page 13926]]

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

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

* * * * *

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

* * * * *

3. Section 175.23 is added to read as follows:

Sec. 175.23 Serviceable condition.

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

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

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

performance of the PFD, including--

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

that is broken, deformed, or weakened by corrosion;

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

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

point on the PFD; or

(3) Any other rotted or deteriorated structural component that

fails when tugged.

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

this section, no inherently buoyant PFD, including the inherently

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

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

large enough to allow the loss of buoyant material;

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

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

evidence of fungus or mildew; or

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

securely held in position.

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

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

a hybrid inflatable PFD, must be equipped with--

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

armed inflation mechanism, complete with a full inflation medium

cartridge and all status indicators showing that the inflation

mechanism is properly armed;

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

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

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

broken, or missing; and

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

non-functional.

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

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

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

PART 179--DEFECT NOTIFICATION

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

follows:

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

49 CFR 1.46.

5. Section 179.01 is revised to read as follows:

Sec. 179.01 Purpose.

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

the notification of defects in boats and associated equipment.

6. Section 179.03 is revised to read as follows:

Sec. 179.03 Definitions.

Associated equipment means the following equipment as shipped,

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

attached parts and accessories:

(1) An inboard engine.

(2) An outboard engine.

(3) A stern drive unit.

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

160.076.

Boat means any vessel--

(1) Manufactured or used primarily for noncommercial use;

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

noncommercial use; or

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

Manufacturer means any person engaged in--

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

associated equipment;

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

associated equipment to be sold for subsequent assembly; or

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

associated equipment, or components thereof.

7. Section 179.05 is revised to read as follows:

Sec. 179.05 Manufacturer discovered defects.

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

or failure to comply with a standard or regulation under 46 U.S.C.

4310(b), shall furnish that notice within 30 days after the

manufacturer discovers or acquires information of the defect or failure

to comply.

8. Section 179.07 is revised to read as follows:

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

Each manufacturer who gives notice by more expeditious means as

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

writing.

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

follows:

Sec. 179.09 Contents of notification.

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

following additional information:

* * * * *

10. Section 179.11 is revised to read as follows:

Sec. 179.11 Defects determined by the Commandant.

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

4310(f) that a boat or associated equipment contains a defect relating

to safety or failure to comply with a standard or regulation issued

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

of the information--

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

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

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

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

failure of compliance.

10a. In Sec. 179.13, paragraphs (a) introductory text, (a)(1), and

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

Sec. 179.13 Initial report to the Commandant.

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

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

by certified mail--

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

other communication given to persons required to be notified under 46

U.S.C. 4310(c);

(2) The manufacturer's best estimate of the total number of boats

or items of associated equipment potentially affected by the defect or

failure to comply with a standard or regulation prescribed under 46

U.S.C. 4302; and

* * * * *

11. Section 179.17 is revised to read as follows:

Sec. 179.17 Penalties.

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

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

prescribed in 46 U.S.C. 4311.

12. Section 179.19 is revised to read as follows:

[[Page 13927]]

Sec. 179.19 Address of the Commandant.

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

required by this part concerning boats and associated equipment other

than inflatable personal flotation devices, must be submitted to

Commandant (G-OPB-3), U.S. Coast Guard, 2100 Second St., SW.,

Washington, DC 20593-0001.

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

required by this part concerning inflatable personal flotation devices,

must be submitted to Commandant (G-MMS-4), U.S. Coast Guard, 2100

Second St. SW., Washington, DC 20593-0001.

PART 181--MANUFACTURER REQUIREMENTS

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

follows:

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

Subpart A--General

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

Sec. 181.4 Incorporation by reference.

* * * * *

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

part, and the sections affected are:

Underwriters Laboratories, Inc.

333 Pfingsten Road, Northbrook, IL 60062.

UL 1123, Marine Buoyant Devices, 181.703.

February 17, 1995.

Subpart G--Instruction Pamphlet For Personal Flotation Devices

15. Section 181.702 is revised to read as follows:

Sec. 181.702 Information pamphlet: requirement to furnish.

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

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

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

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

Sec. 181.705 of this subpart, as appropriate.

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

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

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

prior to purchase.

16. Section 181.703 is revised to read as follows:

Sec. 181.703 Information pamphlet: Contents.

Unless otherwise specified in this subpart, each information

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

35 of UL 1123.

17. Section 181.704 is added to read as follows:

Sec. 181.704 contents of information pamphlet: Recreational hybrid

PFD.

Each information pamphlet for a recreational hybrid PFD approved

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

160.077-27.

18. Section 181.705 is added to read as follows:

Sec. 181.705 Contents of information pamphlet: Recreational inflatable

PFD.

Each information pamphlet for a recreational inflatable PFD

approved under 46 CFR 160.076 must contain the information required by

46 CFR 160.076-35.

Title 46--[Amended]

PART 2--VESSEL INSPECTIONS

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

follows:

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

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

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

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

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

Sec. 2.75-1 Approvals.

* * * * *

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

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

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

sale from the Superintendent of Documents, Government Printing Office.

Sec. 2.75-17 [Removed]

21. Section 2.75-17 is removed.

Sec. 2.75-18 [Removed]

22. Section 2.75-18 is removed.

Sec. 2.75-19 [Removed]

23. Section 2.75-19 is removed.

Sec. 2.75-20 [Removed]

24. Section 2.75-20 is removed.

Sec. 2.75-30 [Removed]

25. Section 2.75-30 is removed.

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

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

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

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

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

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

requirements of applicable regulations.

* * * * *

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

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

Marine Safety and Environmental Protection (Commandant (G-M)) as

provided in Sec. 1.03-15 of this chapter.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

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

follows:

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

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

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

Sec. 159.001-2 Right of appeal.

Any person directly affected by a decision or action taken under

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

Director of Marine Safety and Environmental Protection (Commandant (G-

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

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

Sec. 159.001-3 Definitions.

As used in this part:

Classification society means an organization involved in the

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

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

Independent laboratory means an organization which meets the

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

accepted by the Coast Guard for performing certain tests and

inspections. In addition to commercial testing laboratories, the

Commandant may also accept classification societies and agencies of

governments that are involved in the inspection and testing of marine

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

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

Guard and a laboratory that specifies the approval functions a

recognized independent laboratory performs for the Coast Guard and the

recognized independent laboratory's working arrangements with the Coast

Guard.

Recognized independent laboratory means an independent laboratory

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

Coast Guard to

[[Page 13928]]

perform certain equipment approval functions on behalf of the Coast

Guard, as described in a Memorandum of Understanding signed by the

laboratory and the Coast Guard in accordance with Sec. 159.010-7(b).

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

Sec. 159.001-4 Incorporation by reference.

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

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

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

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

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

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

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

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

Lifesaving and Fire Safety Standards Branch (G-MMS-4), 2100 Second

Street SW, Washington, DC 20593-0001, and is available from the sources

indicated in paragraph (b) of this section.

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

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

International Maritime Organization (IMO)

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

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

Organizations Acting on Behalf of the Administration, November 22,

1993--159.001-3.

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

Sec. 159.001-5 Correspondence and applications.

Unless otherwise specified, all correspondence and applications in

connection with approval and testing of equipment and materials must be

addressed to: Commandant (G-MMS-4), U.S. Coast Guard, 2100 Second

Street SW, Washington, DC 20593-0001, Telephone: (202) 267-1444,

Facsimile: (202) 267-1069, Electronic mail: MVI-3/[email protected].

Subpart 159.005--Approval Procedures

32. In Sec. 159.005-13, paragraph (a)(4) is revised to read as

follows:

Sec. 159.005-13 Equipment or material: approval.

(a) * * *

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

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

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

U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-

7954.

* * * * *

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

Subpart 159.010--Independent Laboratory: Acceptance, Recognition,

and Termination

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

Sec. 159.010-1 Purpose.

This subpart contains the following:

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

accepts an independent laboratory that a manufacturer proposes to use.

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

accepted as a recognized laboratory under applicable subparts.

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

a laboratory is terminated.

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

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

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

independent laboratory must contain the following:

(1) The name and address of the organization.

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

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

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

qualifications for conducting the inspections and tests required in the

applicable subpart.

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

organization for conducting those inspections and tests.

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

a description of the instrument calibration program applying to those

instruments.

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

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

experience required for personnel in those positions.

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

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

the Coast Guard is allowed access upon request to the place where tests

and inspections take place, to verify the information submitted in the

application, or to witness tests and inspections.

(b) Each application for acceptance as an independent laboratory

that is not submitted by an agency of a state or another national

government, or by a classification society, must also contain the

following:

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

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

manufacturing of equipment approved under this subchapter.

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

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

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

corporation that owns at least three-percent interest in the

organization or in a company or corporation that controls the

organization.

Sec. 159.010-7 [Removed]

36. Section 159.010-7 is removed.

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

37. Section 159.010-9 is redesignated 159.010-7, and revised to

read as follows:

Sec. 159.010-7 Recognized independent laboratory: Memorandum of

Understanding.

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

Guard may perform the functions of a recognized laboratory under this

chapter.

(b) An independent laboratory seeking to become a recognized

independent laboratory must submit a signed MOU to the Commandant that

includes--

(1) A statement of purpose;

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

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

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

efficiency of the program under the MOU;

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

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

agreement between the recognized independent laboratory and the Coast

Guard;

(7) An agreement to conduct comparison testing with other

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

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

acquisition and testing;

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

borne; and

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

(i) Equipment review and approval;

[[Page 13929]]

(ii) Coast Guard oversight of the recognized independent

laboratory's procedures and processes;

(iii) Coordination between the parties;

(iv) Developing and maintaining regulations and standards;

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

anticipated by existing regulations and standards;

(vi) Testing and inspection facilities and procedures;

(vii) Production quality control; and

(vii) Maintenance of records.

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

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

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

representative of the Commandant will review the MOU to ensure that it

contains the information required by paragraph (b) of this section, and

that the substantive provisions submitted in compliance with that

paragraph are equivalent to those contained in other MOUs signed by the

Commandant. If the Commandant determines that the MOU is acceptable and

the independent laboratory is capable of carrying out the equipment

approval functions identified in the MOU in accordance with all

appropriate requirements, the Commandant or authorized representative

may at his discretion sign the MOU. Where qualitative tests or

determinations are required for approval or follow-up, provision must

be made for conducting comparison tests with other recognized

laboratories.

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

part and of lists of independent laboratories which have been accepted

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

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

in Sec. 159.001-5.

Sec. 159.010-11 [Removed]

38. Section 159.010-11 is removed.

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

39. Section 159.010-17 is redesignated 159.010-11, and revised to

read as follows:

Sec. 159.010-11 Changes in the laboratory's qualifications.

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

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

change within 30 days after the change has occurred.

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

affects its performance under the MOU required under Sec. 159.010-7,

the laboratory shall notify the Commandant in writing within 30 days

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

require amendments or revisions.

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

40. Section 159.010-19 is redesignated 159.010-17, and revised to

read as follows:

Sec. 159.010-17 Termination of acceptance or recognition of an

independent laboratory.

The acceptance or recognition of a laboratory terminates if the

laboratory--

(a) Requests termination;

(b) Is no longer in business;

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

or both, as required in an applicable subpart;

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

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

false statements;

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

(f) Does not comply with Sec. 159.010-11;

(g) Contracts or transfers the performance or supervision of

required inspections or tests to another laboratory or person without

the approval of the Commandant; or

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

carry out its responsibilities under an MOU required by Sec. 159.010-7.

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

41. Section 159.010-21 is redesignated 159.010-19, and revised to

read as follows:

Sec. 159.010-19 Termination of acceptance or recognition: Procedure.

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

of acceptance or recognition of an independent laboratory under

Sec. 159.010-17, the Commandant will notify the laboratory that

termination is under consideration. The laboratory may submit written

comments to the Commandant within 21 days of receipt of the

notification. The Commandant will take all timely written comments into

account before taking final action in the matter, and in no case will

the Commandant take final action until at least 30 days after the

laboratory has received the notification. Any final action taken by the

Commandant is final agency action on the matter.

(b) If a deficiency could materially affect the validity of an

approval issued under an applicable subpart, the Commandant may

temporarily suspend the acceptance of the laboratory and may direct the

holder of the certificate of approval to cease claiming that the items

tested or inspected by the laboratory are Coast Guard approved, pending

a final decision in the matter.

PART 160--LIFESAVING EQUIPMENT

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

follows:

Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 3

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

Subpart 160.021--Hand Red Flare Distress Signals

Sec. 160.021-9 [Removed]

44. Section 160.021-9 is removed.

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

Sec. 160.022-9 [Removed]

43. Section 160.022-9 is removed.

Subpart 160.023--Hand Combination Flare and Smoke Distress Signals

Sec. 160.023-9 [Removed]

44. Section 160.023-9 is removed.

Subpart 160.024--Pistol-Projected Parachute Red Flare Distress

Signals

Sec. 160.024-9 [Removed]

45. Section 160.024-9 is removed.

Subpart 160.028--Signal Pistols For Red Flare Distress Signals

Sec. 160.028-9 [Removed]

46. Section 160.028-9 is removed.

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

Equipment)

Sec. 160.031-9 [Removed]

47. Section 160.031-9 is removed.

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

Distress Signals

Sec. 160.036-9 [Removed]

48. Section 160.036-9 is removed.

Subpart 160.037--Hand Orange Smoke Distress Signals

Sec. 160.037-9 [Removed]

49. Section 160.037-9 is removed.

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

Type (And Equipment)

Sec. 160.040-9 [Removed]

50. Section 160.040-9 is removed.

[[Page 13930]]

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

Fibrous Glass, Adult and Child

Sec. 160.047-6a [Removed]

51. Section 160.047-6a is removed.

Sec. 160.047-6b [Removed]

52. Section 160.047-6b is removed.

Sec. 160.047-6c [Removed]

53. Section 160.047-6c is removed.

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

Sec. 160.047-7 Recognized Laboratory

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

this subpart shall follow the approval procedures of subpart 159.005 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.047-9 [Removed]

55. Section 160.047-9 is removed.

Sec. 160.047-10 [Removed]

56. Section 160.047--10 is removed.

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

Sec. 160.048-7 [Amended]

57. Section 160.048-7, removed paragraphs (a) and (b) and

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

respectively.

Sec. 160.048-7a [Removed]

58. Section 160.048-7a is removed.

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

Sec. 160.048-8 Recognized Laboratory.

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

this subpart shall follow the approval procedures of subpart 159.005 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performed production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.048-9 [Removed]

60. Section 160.048-9 is removed.

Sec. 160.048-10 [Removed]

61. Section 160.048-10 is removed.

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

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

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

(c) respectively, to read as follows:

Sec. 160.049-7 Procedure for approval

Sec. 160.049-7a [Removed]

63. Section 160.049-7a is removed.

63. Section 160.049-8 is revised to read a follows:

Sec. 160.049-8 Recognized laboratory.

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

this subpart shall follow the approval procedures of subpart 159.005 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.049-9 [Removed]

65. Section 160.049-9 is removed.

Sec. 160.049-10 [Removed]

66. Section 160.049-10 is removed.

Subpart 160.052--Specification For a Buoyant Vest, Unicellular

Plastic Foam, Adult and Child

Sec. 160.052-8a [Removed]

67. Section 160.052-8a is removed.

Sec. 160.052-8b [Removed]

68. Section 160.052-8b is removed.

Sec. 160.052-8c [Removed]

69. Section 160.052-8c is removed.

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

Sec. 160.052-9 Recognized Laboratory.

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

this subpart shall follow the approval procedures of subpart 159.005 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.052-11 [Removed]

71. Section 160.052-11 is removed.

Sec. 160.052-12 [Removed]

72. Section 160.052-12 is removed.

Subpart 160.057--Floating Orange Smoke Distress Signals (15

Minutes)

Sec. 160.057-9 [Removed]

73. Section 160.057-9 is removed.

Subpart 160.060--Specification For a Buoyant Vest, Unicellular

Polyethylene Foam, Adult and Child

Sec. 160.060-8a [Removed]

74. Section 160.060-8a is removed.

Sec. 160.060-8b [Removed]

77. Section 160.060-8b is removed.

Sec. 160.060-8c [Removed]

75. Section 160.060-8c is removed.

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

Sec. 160.060-9 Recognized Laboratory.

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

this subpart shall follow the approval

[[Page 13931]]

procedures of subpart 159.005 of this chapter, and shall apply for

approval directly to a recognized independent laboratory. The following

laboratories are recognized under Sec. 159.010-7 of this part, to

perform testing and approval functions under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.060-11 [Removed]

77. Section 160.060-11 is removed.

Sec. 160.060-12 [Removed]

78. Section 160.060-12 is removed.

Subpart 160.064--Marine Buoyant Devices

Sec. 160.064-5 [Removed]

79. Section 160.064-5 is removed.

Sec. 160.064-5a [Removed]

80. Section 160.064-5a is removed.

Sec. 160.064-5b [Removed]

81. Section 160.064-5b is removed.

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

Sec. 160.064-7 Recognized Laboratory.

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

this subpart shall follow the approval procedures of subpart 159.005 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart:

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

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

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Sec. 160.064-8 [Removed]

83. Section 160.064-8 is removed.

Sec. 160.064-9 [Removed]

84. Section 160.064-9 is removed.

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

Flare

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

follows:

Sec. 160.066-11 Approval procedures.

* * * * *

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

laboratory accepted by the Commandant under Subpart 159.010 of this

chapter.

Sec. 160.066-18 [Removed]

86. Section 160.066-18 is removed.

Subpart 160.077--Hybrid Inflatable Personal Flotation Devices

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

Sec. 160.077-9 Recognized Laboratory.

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

this subpart shall follow the approval procedures of subpart 159.055 of

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

independent laboratory. The following laboratories are recognized under

Sec. 159.010-7 of this part, to perform testing and approval functions

under this subpart: Underwriters Laboratories, 12 Laboratory Drive,

P.O. Box 13995, Research Triangle Park, NC 27709-3995, (919) 549-1400.

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

that performs the approval tests unless, as determined by the

Commandant, the employees of the laboratory performing production

oversight receive training and support equal to that of the laboratory

that performed the approval testing.

Dated: March 20, 1996.

J.C. Card,

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

and Environmental Protection.

[FR Doc. 96-7302 Filed 3-27-96; 8:45 am]

BILLING CODE 4910-14-M