[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13924-13931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7302]
[[Page 13923]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 175, et al.
46 CFR Part 2, et al.
Approval of Inflatable Personal Flotation Devices (PFDs) for
Recreational Boaters and Standards; Final Rules
Federal Register / Vol. 61, No. 61 / Thursday, March 28, 1996 / Rules
and Regulations
[[Page 13924]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 175, 179 and 181
46 CFR Parts 2, 159, and 160
[CGD 93-055]
RIN 2115-AE58
Approval of Inflatable Personal Flotation Devices (PFDs) for
Recreational Boaters
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: As part of the Presidential Regulatory Reform Initiative, the
Coast Guard is establishing approval procedures for recreational
inflatable personal flotation devices (PFDs), designating recreational
inflatable PFDs as ``associated equipment'' for purposes of defect
notification, revising the approval procedures for other kinds of
recreational PFDs, and making editorial changes. These procedures are
intended to establish an efficient approval procedure for PFDs. The
Coast Guard anticipates that recreational boaters will be more likely
to wear inflatable PFDs than currently approved devices, thereby
increasing use of PFDs by the boating public and saving lives.
DATES: This rule is effective on April 29, 1996. The Director of the
Federal Register approves as of April 29, 1996 the incorporation by
reference of certain publications listed in the regulations.
FOR FURTHER INFORMATION CONTACT:
Mr. Kurt J. Heinz, Marine Safety and Environmental Protection
Directorate, Lifesaving and Fire Safety Standards Branch (G-MMS-4),
telephone (202) 267-1444, facsimile (202) 267-1069, or electronic mail
``Kurt____Heinz/[email protected]''.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 9, 1993, the Coast Guard published an Advance Notice of
Proposed Rulemaking (ANPRM) entitled ``Inflatable Personal Flotation
Devices'' in the Federal Register (58 FR 59428). The ANPRM addressed
structural and performance standards for inflatable PFDs, and
procedures for approval and carriage requirements. On June 23, 1995,
the Coast Guard published a notice of proposed rulemaking (NPRM)
entitled ``Approval of Inflatable Personal Flotation Devices (PFDs) for
Recreational Boaters'' in the Federal Register (60 FR 32861). The Coast
Guard received 3 letters commenting on the NPRM. No public hearing was
requested and none was held.
Background and Purpose
In the same Federal Register as the NPRM for this rulemaking, the
Coast Guard published an interim rule (IR) containing structural and
performance standards for recreational inflatable personal flotation
devices (60 FR 32836). Limited procedures to allow for approval of
these devices were included in the IR. The NPRM for this rulemaking
proposed, as part of the Presidential Regulatory Reform Initiative, a
reinvention of the process for approval of inflatable and other PFDs
for recreational boats. The proposed rules would remove duplicative
requirements from multiple subparts dealing with various types of PFDs,
and allow for wider participation of independent laboratories in the
approval process. These proposed rules were not published as part of
the IR because they may affect the approval of other types of PFDs to a
limited extent and the public had not yet had a chance to fully
participate in their development.
Discussion of Comments and Changes
The NPRM proposed to designate inflatable PFDs as ``associated
equipment'' in 33 CFR Part 179 in accordance with 46 U.S.C. 4310. The
effect of this designation would be to require manufacturers to
establish and maintain a list of first purchasers of inflatable PFDs,
and to notify those purchasers of any defects which have been
discovered after the PFDs have been produced and sold.
Comments on this proposed provision were received from two PFD
manufacturers and from the association representing PFD manufacturers.
All three comments opposed the proposal. The association's comment
suggested that designation of inflatable PFDs as ``associated
equipment'' would place an inappropriate and inconsistent burden on
inflatable PFDs in relation to requirements for other items of personal
protection equipment. The two manufacturers' comments noted that the
designation of inflatable PFDs as ``associated equipment'' did not
appear to be consistent with the items which are currently so
designated, i.e., inboard and outboard engines and stern drive units.
The Coast Guard does not agree with the comments which opposed
designation of inflatable PFDs as ``associated equipment'' based solely
on perceived similarity, or lack of similarity, to existing equipment.
In the recreational boating arena, approved inflatable PFDs are an
entirely new class of equipment with which the Coast Guard and the
boating public have had little practical experience. The Coast Guard is
concerned that as manufacturers begin producing approved inflatable
PFDs for the recreational boating market for the first time, there may
be latent defects in manufacturing or materials introduced into the
product which would become apparent only after extended use and
exposure in the marine environment. The provisions in 46 U.S.C.
4310(c)(1)(A) for notification of first purchasers of ``associated
equipment'' in the event of known defects or failures of compliance
would facilitate the widespread introduction of inflatable PFDs into
this unfamiliar market with a minimum of risk to both users and
manufacturers. The designation of inflatable PFDs for recreational
boats as ``associated equipment'' complements the ``Recreational
Inflatable Personal Flotation Device Standards'' final rule published
elsewhere in today's Federal Register, which allows for approval of
these devices with a minimum of restrictions or conditions.
Consequently, 33 CFR 179.03, paragraph (d) under ``Associated
equipment'' is retained as proposed in the NPRM. Because this provision
is intended only to manage the risk involved in the introduction of a
new product to a generally inexperienced market, the Coast Guard will
re-evaluate it five years from the effective date of these regulations
and remove it if it determines it is no longer necessary. As was
discussed in the NPRM, these regulations (like all regulations
affecting recreational boats) are reviewed periodically at public
meetings of the National Boating Safety Advisory Council (NBSAC).
The NPRM proposed that as a means of developing and maintaining a
list of first purchasers, PFD manufacturers be required to provide a
postage-paid product registration card with each inflatable PFD, and to
retain the returned cards on file for five years. Two comments from PFD
manufacturers opposed the requirement, in proposed new Subpart H of 33
CFR Part 181, for PFD manufacturers to provide a postage-paid
registration card with each inflatable PFD sold. The comments cited the
burden and expense associated with the provision of such cards.
In response to the comments, the Coast Guard has decided not to
include the proposed 33 CFR Part 181, Subpart H in this final rule.
With the designation of inflatable PFDs as ``Associated equipment'' in
the new 33 CFR 179.05, PFD manufacturers will be expected to ``exercise
reasonable diligence in establishing and maintaining a list of
[[Page 13925]]
(first) purchasers and their current addresses.'' The Coast Guard
acknowledges that there are other suitable means of accomplishing this
end than by a mandated postage-paid card to be filled in by the first
retail purchaser. PFD manufacturers may arrange for assistance of
dealers and distributors in obtaining information concerning first
purchasers, or provide for toll-free telephone or on-line registration
by first purchasers. The removal of the postage-paid postcard
requirement gives manufacturers flexibility to adopt the means best
suited to their individual situations.
There are no comments on any of the other proposals in the NPRM.
Those proposals were discussed in detail in the preamble to the NPRM,
and are being adopted in this final rule with only minor editorial
refinements and corrections, such as updating of Coast Guard staff
symbols to reflect a recent Coast Guard reorganization.
The only substantive addition not specifically proposed in the NPRM
is to redesignated 46 CFR 159.010-19, which specifies procedures for
termination of acceptance or recognition of laboratories. Since
termination of acceptance or recognition of a laboratory by the
Commandant constitutes a final agency action, procedural measures have
been added to ensure that such action cannot be taken by the Commandant
without due process.
Incorporation by Reference
The Director of the Federal Register has approved the material in
33 CFR 181.4 and 46 CFR 159.001-4 for incorporation by reference under
5 U.S.C. 552 and 1 CFR part 51. The material is available as indicated
in those sections.
Regulatory Evaluation
This rulemaking is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this rulemaking to
be so minimal that a full Regulatory Evaluation under paragraph 10e of
the regulatory policies and procedures of DOT is unnecessary. These
rules are generally procedural, enabling boaters to purchase and use
inflatable PFDs on their boats if they wish to do so. The only rule
that will require affected parties to do something they are not already
doing is the designation of inflatable PFDs as ``associated
equipment'', which will require that manufacturers ``exercise due
diligence in establishing and maintaining a list of (first) purchasers
and their current addresses.'' Compliance with this requirement can be
as simple as maintenance of returned postage-prepaid registration
cards, as was proposed in the NPRM. Since that specific requirement is
not included in this final rule, manufacturers will have flexibility to
comply with the statutory requirement in the least burdensome manner
for their particular circumstances. The total cost for this
requirement, including overhead, is expected to be no more than
50 cents per device, resulting in a total cost to the industry of only
$25,000 annually if 50,000 units per year are produced.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rulemaking will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
These rules are generally procedural, enabling boaters to purchase
and use inflatable PFDs on their boats if they wish to do so. As
discussed above, the economic impact of the new requirements is
expected to be minimal, and no comments were received concerning the
impact of this rulemaking on small entities. Therefore, the Coast Guard
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This rule contains collection-of-information requirements. The
Coast Guard has submitted the requirements to the Office of Management
and Budget (OMB) for review under section 3504(h) of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). The Coast Guard will publish a
notice in the Federal Register when they have been approved. The
section number is 46 CFR 159.010-7.
Federalism
The Coast Guard has analyzed this rulemaking under the principles
and criteria contained in Executive Order 12612 and has determined that
it does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment. This rulemaking establishes and
revises procedures for Coast Guard approval of inflatable and other
PFDs. The authority to establish these requirements is committed to the
Coast Guard by Federal statutes. Furthermore, since PFDs are
manufactured and used in the national marketplace, safety standards for
PFDs should be national in scope to avoid burdensome variances.
Therefore, this rule preempts State action on the same subject matter.
Environment
The Coast Guard considered the environmental impact of this
rulemaking and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, this rulemaking is categorically excluded from
further environmental documentation. This rulemaking is procedural in
nature, and contains nothing that would affect the environment.
List of Subjects
33 CFR Part 175
Marine safety.
33 CFR Part 179
Marine safety, Reporting and recordkeeping requirements.
33 CFR Part 181
Incorporation by Reference, Labeling, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, vessels.
46 CFR Part 159
Business and industry, Incorporation by Reference, Laboratories,
Marine safety, Reporting and recordkeeping requirements.
46 CFR Part 160
Marine safety, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR parts 175, 179 and 181; and 46 CFR parts 2, 159, and 160 as
follows:
Title 33--[Amended]
PART 175--EQUIPMENT REQUIREMENTS
1. The authority citation for part 175 continues to read as
follows:
Authority: 46 U.S.C. 4302; 49 CFR 1.46.
[[Page 13926]]
2. In Sec. 175.21, paragraph (a) is revised to read as follows:
Sec. 175.21 Condition; size and fit; approval marking.
* * * * *
(a) In serviceable condition as provided in Sec. 175.23;
* * * * *
3. Section 175.23 is added to read as follows:
Sec. 175.23 Serviceable condition.
A PFD is considered to be in serviceable condition for purposes of
Sec. 175.21(a) only if the following conditions are met:
(a) No PFD may exhibit deterioration that could diminish the
performance of the PFD, including--
(1) Metal or plastic hardware used to secure the PFD on the wearer
that is broken, deformed, or weakened by corrosion;
(2) Webbings or straps used to secure the PFD on the wearer that
are ripped, torn, or which have become separated from an attachment
point on the PFD; or
(3) Any other rotted or deteriorated structural component that
fails when tugged.
(b) In addition to meeting the requirements of paragraph (a) of
this section, no inherently buoyant PFD, including the inherently
buoyant components of a hybrid inflatable PFD, may exhibit--
(1) Rips, tears, or open seams in fabric or coatings, that are
large enough to allow the loss of buoyant material;
(2) Buoyant material that has become hardened, non-resilient,
permanently compressed, waterlogged, oil-soaked, or which shows
evidence of fungus or mildew; or
(3) Loss of buoyant material or buoyant material that is not
securely held in position.
(c) In addition to meeting the requirements of paragraph (a) of
this section, an inflatable PFD, including the inflatable components of
a hybrid inflatable PFD, must be equipped with--
(1) Except as provided in paragraph (d) of this section, a properly
armed inflation mechanism, complete with a full inflation medium
cartridge and all status indicators showing that the inflation
mechanism is properly armed;
(2) Inflatable chambers that are all capable of holding air;
(3) Oral inflation tubes that are not blocked, detached, or broken;
(4) A manual inflation lanyard or lever that is not inaccessible,
broken, or missing; and
(5) Inflator status indicators that are not broken or otherwise
non-functional.
(d) The inflation system of an inflatable PFD need not be armed
when the PFD is worn inflated and otherwise meets the requirements of
paragraphs (a) and (c) of this section.
PART 179--DEFECT NOTIFICATION
4. The authority citation for Part 179 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311;
49 CFR 1.46.
5. Section 179.01 is revised to read as follows:
Sec. 179.01 Purpose.
This part prescribes rules to implement 46 U.S.C. 4310, governing
the notification of defects in boats and associated equipment.
6. Section 179.03 is revised to read as follows:
Sec. 179.03 Definitions.
Associated equipment means the following equipment as shipped,
transferred, or sold from the place of manufacture and includes all
attached parts and accessories:
(1) An inboard engine.
(2) An outboard engine.
(3) A stern drive unit.
(4) An inflatable personal flotation device approved under 46 CFR
160.076.
Boat means any vessel--
(1) Manufactured or used primarily for noncommercial use;
(2) Leased, rented, or chartered to another for the latter's
noncommercial use; or
(3) Engaged in the carrying of six or fewer passengers.
Manufacturer means any person engaged in--
(1) The manufacture, construction, or assembly of boats or
associated equipment;
(2) The manufacture or construction of components for boats and
associated equipment to be sold for subsequent assembly; or
(3) The importation into the United States for sale of boats,
associated equipment, or components thereof.
7. Section 179.05 is revised to read as follows:
Sec. 179.05 Manufacturer discovered defects.
Each manufacturer who is required to furnish a notice of a defect
or failure to comply with a standard or regulation under 46 U.S.C.
4310(b), shall furnish that notice within 30 days after the
manufacturer discovers or acquires information of the defect or failure
to comply.
8. Section 179.07 is revised to read as follows:
Sec. 179.07 Notice given by ``more expeditious means''.
Each manufacturer who gives notice by more expeditious means as
provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in
writing.
9. In Sec. 179.09 the introductory paragraph is revised to read as
follows:
Sec. 179.09 Contents of notification.
Each notice required under 46 U.S.C. 4310(b) must include the
following additional information:
* * * * *
10. Section 179.11 is revised to read as follows:
Sec. 179.11 Defects determined by the Commandant.
A manufacturer who is informed by the Commandant under 46 U.S.C.
4310(f) that a boat or associated equipment contains a defect relating
to safety or failure to comply with a standard or regulation issued
under the authority of 46 U.S.C. 4302, shall within 30 days of receipt
of the information--
(a) Furnish the notification described in 46 U.S.C. 4310(d) to the
persons designated in 46 U.S.C. 4310(c), or
(b) Provide information to the Commandant by certified mail stating
why the manufacturer believes there is no defect relating to safety or
failure of compliance.
10a. In Sec. 179.13, paragraphs (a) introductory text, (a)(1), and
(a)(2) are revised to read as follows:
Sec. 179.13 Initial report to the Commandant.
(a) When a manufacturer gives a notification required under 46
U.S.C. 4310, the manufacturer shall concurrently send to the Commandant
by certified mail--
(1) A true or representative copy of each notice, bulletin, and
other communication given to persons required to be notified under 46
U.S.C. 4310(c);
(2) The manufacturer's best estimate of the total number of boats
or items of associated equipment potentially affected by the defect or
failure to comply with a standard or regulation prescribed under 46
U.S.C. 4302; and
* * * * *
11. Section 179.17 is revised to read as follows:
Sec. 179.17 Penalties.
Each manufacturer who fails to comply with a provision of 46 U.S.C.
4310 or the regulations in this part, is subject to the penalties as
prescribed in 46 U.S.C. 4311.
12. Section 179.19 is revised to read as follows:
[[Page 13927]]
Sec. 179.19 Address of the Commandant.
(a) Each report and communication sent to the Coast Guard and
required by this part concerning boats and associated equipment other
than inflatable personal flotation devices, must be submitted to
Commandant (G-OPB-3), U.S. Coast Guard, 2100 Second St., SW.,
Washington, DC 20593-0001.
(b) Each report and communication sent to the Coast Guard and
required by this part concerning inflatable personal flotation devices,
must be submitted to Commandant (G-MMS-4), U.S. Coast Guard, 2100
Second St. SW., Washington, DC 20593-0001.
PART 181--MANUFACTURER REQUIREMENTS
13. The authority citation for part 181 is revised to read as
follows:
Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.
Subpart A--General
14. In Sec. 181.4, paragraph (b) is revised to read as follows:
Sec. 181.4 Incorporation by reference.
* * * * *
(b) The materials approved for incorporation by reference in this
part, and the sections affected are:
Underwriters Laboratories, Inc.
333 Pfingsten Road, Northbrook, IL 60062.
UL 1123, Marine Buoyant Devices, 181.703.
February 17, 1995.
Subpart G--Instruction Pamphlet For Personal Flotation Devices
15. Section 181.702 is revised to read as follows:
Sec. 181.702 Information pamphlet: requirement to furnish.
(a) Each manufacturer of a Type I, II, III, IV, or V personal
flotation device (PFD) must furnish with each PFD that is sold or
offered for sale for use on a recreational boat, an information
pamphlet meeting the requirements of Sec. 181.703, Sec. 181.704, or
Sec. 181.705 of this subpart, as appropriate.
(b) No person may sell or offer for sale for use on a recreational
boat, a Type I, II, III, IV, or V PFD unless an information pamphlet
required by this section is attached in such a way that it can be read
prior to purchase.
16. Section 181.703 is revised to read as follows:
Sec. 181.703 Information pamphlet: Contents.
Unless otherwise specified in this subpart, each information
pamphlet must contain the information specified in sections 33, 34 and
35 of UL 1123.
17. Section 181.704 is added to read as follows:
Sec. 181.704 contents of information pamphlet: Recreational hybrid
PFD.
Each information pamphlet for a recreational hybrid PFD approved
under 46 CFR 160.077 must contain the information specified in 46 CFR
160.077-27.
18. Section 181.705 is added to read as follows:
Sec. 181.705 Contents of information pamphlet: Recreational inflatable
PFD.
Each information pamphlet for a recreational inflatable PFD
approved under 46 CFR 160.076 must contain the information required by
46 CFR 160.076-35.
Title 46--[Amended]
PART 2--VESSEL INSPECTIONS
19. The authority citation for part 2 is revised to read as
follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;
E.O. 12334, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; subpart 2.45
also issued under the authority of Act Dec. 27, 1950, Ch. 1155,
secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1).
20. In Sec. 2.75-1, paragraph (f) is revised to read as follows:
Sec. 2.75-1 Approvals.
* * * * *
(f) A listing of current and formerly approved equipment and
materials is published by the Coast Guard from time to time in
``Equipment Lists'' (COMDTINST M16714.3 series), which is available for
sale from the Superintendent of Documents, Government Printing Office.
Sec. 2.75-17 [Removed]
21. Section 2.75-17 is removed.
Sec. 2.75-18 [Removed]
22. Section 2.75-18 is removed.
Sec. 2.75-19 [Removed]
23. Section 2.75-19 is removed.
Sec. 2.75-20 [Removed]
24. Section 2.75-20 is removed.
Sec. 2.75-30 [Removed]
25. Section 2.75-30 is removed.
26. In Sec. 2.75-50, the section heading and paragraph (a) are
revised and a new paragraph (c) is added to read as follows:
Sec. 2.75-50 Withdrawals or terminations of approvals and appeals.
(a) The Commandant may withdraw approval for any item which is
found not to be in compliance with the conditions of approval, found to
be unsuitable for its intended purpose, or does not meet the
requirements of applicable regulations.
* * * * *
(c) Any person directly affected by a decision to deny, withdraw,
or terminate an approval may appeal the decision to the Director of
Marine Safety and Environmental Protection (Commandant (G-M)) as
provided in Sec. 1.03-15 of this chapter.
PART 159--APPROVAL OF EQUIPMENT AND MATERIALS
27. The authority citation for part 159 is revised to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section
159.001-9 also issued under the authority of 44 U.S.C. 3507.
28. Section 159.001-2 is revised to read as follows:
Sec. 159.001-2 Right of appeal.
Any person directly affected by a decision or action taken under
this subchapter, by or on behalf of the Coast Guard, may appeal to the
Director of Marine Safety and Environmental Protection (Commandant (G-
M)) as provided in Sec. 1.03-15 of this chapter.
29. Section 159.001-3 is revised to read as follows:
Sec. 159.001-3 Definitions.
As used in this part:
Classification society means an organization involved in the
inspection of ships and ship equipment, and which, as determined by the
Commandant, meets the standards in IMO Resolution A.739(18).
Independent laboratory means an organization which meets the
standards for acceptance in Sec. 159.010-3 of this part, and which is
accepted by the Coast Guard for performing certain tests and
inspections. In addition to commercial testing laboratories, the
Commandant may also accept classification societies and agencies of
governments that are involved in the inspection and testing of marine
safety equipment that meet the requirements of Sec. 159.010-3.
Memorandum of Understanding (MOU) is an agreement between the Coast
Guard and a laboratory that specifies the approval functions a
recognized independent laboratory performs for the Coast Guard and the
recognized independent laboratory's working arrangements with the Coast
Guard.
Recognized independent laboratory means an independent laboratory
which meets the standards of Sec. 159.010-3, and is accepted by the
Coast Guard to
[[Page 13928]]
perform certain equipment approval functions on behalf of the Coast
Guard, as described in a Memorandum of Understanding signed by the
laboratory and the Coast Guard in accordance with Sec. 159.010-7(b).
30. Section 159.001-4 is added to read as follows:
Sec. 159.001-4 Incorporation by reference.
(a) Certain materials is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of change in the Federal Register; and the material must
be available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street NW, suite 700, Washington, DC, and at the U.S. Coast Guard,
Lifesaving and Fire Safety Standards Branch (G-MMS-4), 2100 Second
Street SW, Washington, DC 20593-0001, and is available from the sources
indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part (subchapter) and the sections affected are as follows:
International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London SE1 7SR, England.
Resolution A.739(18), Guidelines for the Authorization of
Organizations Acting on Behalf of the Administration, November 22,
1993--159.001-3.
31. Section 159.001-5 is revised to read as follows:
Sec. 159.001-5 Correspondence and applications.
Unless otherwise specified, all correspondence and applications in
connection with approval and testing of equipment and materials must be
addressed to: Commandant (G-MMS-4), U.S. Coast Guard, 2100 Second
Street SW, Washington, DC 20593-0001, Telephone: (202) 267-1444,
Facsimile: (202) 267-1069, Electronic mail: MVI-3/[email protected]
Subpart 159.005--Approval Procedures
32. In Sec. 159.005-13, paragraph (a)(4) is revised to read as
follows:
Sec. 159.005-13 Equipment or material: approval.
(a) * * *
(4) Publishes a record of the approval in ``Equipment Lists.'' The
most recent edition of ``Equipment Lists'' U.S. Coast Guard Publication
M16714.3 (series) is available from the Superintendent of Documents,
U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-
7954.
* * * * *
33. The title of subpart 159.010 is revised to read as follows:
Subpart 159.010--Independent Laboratory: Acceptance, Recognition,
and Termination
34. Section 159.010-1 is revised to read as follows:
Sec. 159.010-1 Purpose.
This subpart contains the following:
(a) The standards and procedures under which the Coast Guard
accepts an independent laboratory that a manufacturer proposes to use.
(b) The standards and procedures under which a laboratory is
accepted as a recognized laboratory under applicable subparts.
(c) The circumstances under which the acceptance or recognition of
a laboratory is terminated.
35. Section 159.010-5 is revised to read as follows:
Sec. 159.010-5 Independent laboratory: application for acceptance.
(a) Each application for acceptance of an organization as an
independent laboratory must contain the following:
(1) The name and address of the organization.
(2) A list of the equipment or material that the organization would
inspect, or test, or both, under this subchapter.
(3) A description of the organization's experience and its
qualifications for conducting the inspections and tests required in the
applicable subpart.
(4) A description of the apparatus and facilities available to the
organization for conducting those inspections and tests.
(5) If instruments are used in the required tests and inspections,
a description of the instrument calibration program applying to those
instruments.
(6) The position titles of personnel who are to perform, supervise,
or witness those inspections or tests, along with the training and
experience required for personnel in those positions.
(7) A statement signed by the chief officer of the organization or
the chief officer's representative, that an official representative of
the Coast Guard is allowed access upon request to the place where tests
and inspections take place, to verify the information submitted in the
application, or to witness tests and inspections.
(b) Each application for acceptance as an independent laboratory
that is not submitted by an agency of a state or another national
government, or by a classification society, must also contain the
following:
(1) The name and address of each subsidiary and division of the
organization, or a statement that none are involved in the testing or
manufacturing of equipment approved under this subchapter.
(3) The name, title, address, and principal business activity of
each of the organization's officers and directors, and the name,
address, and principal business activity of each person, company, or
corporation that owns at least three-percent interest in the
organization or in a company or corporation that controls the
organization.
Sec. 159.010-7 [Removed]
36. Section 159.010-7 is removed.
Sec. 159.010-9 [Redesignated as Sec. 159.010-7]
37. Section 159.010-9 is redesignated 159.010-7, and revised to
read as follows:
Sec. 159.010-7 Recognized independent laboratory: Memorandum of
Understanding.
(a) Only laboratories that have entered into an MOU with the Coast
Guard may perform the functions of a recognized laboratory under this
chapter.
(b) An independent laboratory seeking to become a recognized
independent laboratory must submit a signed MOU to the Commandant that
includes--
(1) A statement of purpose;
(2) An identification and description of the parties involved;
(3) A description of the problem resolution and appeals processes;
(4) A description of the process for measuring effectiveness and
efficiency of the program under the MOU;
(5) The effective date of the MOU and terms for its termination;
(6) A statement to the effect that the MOU is not an exclusive
agreement between the recognized independent laboratory and the Coast
Guard;
(7) An agreement to conduct comparison testing with other
recognized laboratories as directed by the Coast Guard, no more often
than twice each year, with the laboratory bearing the cost of sample
acquisition and testing;
(8) A statement as to how the costs of implementing the MOU will be
borne; and
(9) A description of each party's responsibilities for--
(i) Equipment review and approval;
[[Page 13929]]
(ii) Coast Guard oversight of the recognized independent
laboratory's procedures and processes;
(iii) Coordination between the parties;
(iv) Developing and maintaining regulations and standards;
(v) Handling review and approval of new and novel items not
anticipated by existing regulations and standards;
(vi) Testing and inspection facilities and procedures;
(vii) Production quality control; and
(vii) Maintenance of records.
(c) The signature on the MOU required by paragraph (b) of this
section must be that of the chief officer of the independent laboratory
or the chief officer's representative. The Commandant or an authorized
representative of the Commandant will review the MOU to ensure that it
contains the information required by paragraph (b) of this section, and
that the substantive provisions submitted in compliance with that
paragraph are equivalent to those contained in other MOUs signed by the
Commandant. If the Commandant determines that the MOU is acceptable and
the independent laboratory is capable of carrying out the equipment
approval functions identified in the MOU in accordance with all
appropriate requirements, the Commandant or authorized representative
may at his discretion sign the MOU. Where qualitative tests or
determinations are required for approval or follow-up, provision must
be made for conducting comparison tests with other recognized
laboratories.
(d) Copies of MOUs signed by the Commandant in accordance with this
part and of lists of independent laboratories which have been accepted
as recognized laboratories but which have not yet been added to the
lists included in this subchapter may be obtained at the address listed
in Sec. 159.001-5.
Sec. 159.010-11 [Removed]
38. Section 159.010-11 is removed.
Sec. 159.010-17 [Redesignated as Sec. 159.010-11]
39. Section 159.010-17 is redesignated 159.010-11, and revised to
read as follows:
Sec. 159.010-11 Changes in the laboratory's qualifications.
(a) If any of the information submitted under Sec. 159.010-5(a)
changes, the laboratory shall notify the Commandant in writing of each
change within 30 days after the change has occurred.
(b) If any change in the independent laboratory occurs which
affects its performance under the MOU required under Sec. 159.010-7,
the laboratory shall notify the Commandant in writing within 30 days
after the change occurs. The Commandant may terminate the MOU, or may
require amendments or revisions.
Sec. 159.010-19 [Redesignated Sec. 159.010-17]
40. Section 159.010-19 is redesignated 159.010-17, and revised to
read as follows:
Sec. 159.010-17 Termination of acceptance or recognition of an
independent laboratory.
The acceptance or recognition of a laboratory terminates if the
laboratory--
(a) Requests termination;
(b) Is no longer in business;
(c) Knowingly fails to perform or supervise an inspection or test,
or both, as required in an applicable subpart;
(d) Knowingly attests to the lack of errors, omissions, or false
statement of an approval test report that contains errors omissions, or
false statements;
(e) Does not meet the requirements of Sec. 159.010-3(a);
(f) Does not comply with Sec. 159.010-11;
(g) Contracts or transfers the performance or supervision of
required inspections or tests to another laboratory or person without
the approval of the Commandant; or
(h) Fails to, or in the opinion of the Commandant is unable to,
carry out its responsibilities under an MOU required by Sec. 159.010-7.
Sec. 159.010-21 [Redesignated as Sec. 159.010-19]
41. Section 159.010-21 is redesignated 159.010-19, and revised to
read as follows:
Sec. 159.010-19 Termination of acceptance or recognition: Procedure.
(a) If the Coast Guard receives evidence of grounds for termination
of acceptance or recognition of an independent laboratory under
Sec. 159.010-17, the Commandant will notify the laboratory that
termination is under consideration. The laboratory may submit written
comments to the Commandant within 21 days of receipt of the
notification. The Commandant will take all timely written comments into
account before taking final action in the matter, and in no case will
the Commandant take final action until at least 30 days after the
laboratory has received the notification. Any final action taken by the
Commandant is final agency action on the matter.
(b) If a deficiency could materially affect the validity of an
approval issued under an applicable subpart, the Commandant may
temporarily suspend the acceptance of the laboratory and may direct the
holder of the certificate of approval to cease claiming that the items
tested or inspected by the laboratory are Coast Guard approved, pending
a final decision in the matter.
PART 160--LIFESAVING EQUIPMENT
42. The authority citation for Part 160 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 3
CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 160.021--Hand Red Flare Distress Signals
Sec. 160.021-9 [Removed]
44. Section 160.021-9 is removed.
Subpart 160.022--Floating Orange Smoke Distress Signals (5 Minutes)
Sec. 160.022-9 [Removed]
43. Section 160.022-9 is removed.
Subpart 160.023--Hand Combination Flare and Smoke Distress Signals
Sec. 160.023-9 [Removed]
44. Section 160.023-9 is removed.
Subpart 160.024--Pistol-Projected Parachute Red Flare Distress
Signals
Sec. 160.024-9 [Removed]
45. Section 160.024-9 is removed.
Subpart 160.028--Signal Pistols For Red Flare Distress Signals
Sec. 160.028-9 [Removed]
46. Section 160.028-9 is removed.
Subpart 160.031--Line-Throwing Appliance, Shoulder Gun Type (And
Equipment)
Sec. 160.031-9 [Removed]
47. Section 160.031-9 is removed.
Subpart 160.036--Hand-Held Rocket-Propelled Parachute Red Flare
Distress Signals
Sec. 160.036-9 [Removed]
48. Section 160.036-9 is removed.
Subpart 160.037--Hand Orange Smoke Distress Signals
Sec. 160.037-9 [Removed]
49. Section 160.037-9 is removed.
Subpart 160.040--Line-Throwing Appliance, Impulse-Projected Rocket
Type (And Equipment)
Sec. 160.040-9 [Removed]
50. Section 160.040-9 is removed.
[[Page 13930]]
Subpart 160.047--Specifications for a Buoyant Vest, Kapok, or
Fibrous Glass, Adult and Child
Sec. 160.047-6a [Removed]
51. Section 160.047-6a is removed.
Sec. 160.047-6b [Removed]
52. Section 160.047-6b is removed.
Sec. 160.047-6c [Removed]
53. Section 160.047-6c is removed.
54. Section 160.047--7 is revised to read as follows:
Sec. 160.047-7 Recognized Laboratory
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.005 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.047-9 [Removed]
55. Section 160.047-9 is removed.
Sec. 160.047-10 [Removed]
56. Section 160.047--10 is removed.
Subpart 160.048--Specification for a Buoyant Cushion, Fibrous Glass
Sec. 160.048-7 [Amended]
57. Section 160.048-7, removed paragraphs (a) and (b) and
redesignate paragraphs (b), (c), and (e) as (a), (b), and (c)
respectively.
Sec. 160.048-7a [Removed]
58. Section 160.048-7a is removed.
59. Section 160.048-8 is revised to read as follows:
Sec. 160.048-8 Recognized Laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.005 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performed production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.048-9 [Removed]
60. Section 160.048-9 is removed.
Sec. 160.048-10 [Removed]
61. Section 160.048-10 is removed.
Subpart 160.049--Specification for a Buoyant Cushion, Plastic Foam
62. In Sec. 160.049-7, revise the heading, remove paragraphs (a)
and (d) and redesignate paragraphs (b), (c), and (e) as (a), (b), and
(c) respectively, to read as follows:
Sec. 160.049-7 Procedure for approval
Sec. 160.049-7a [Removed]
63. Section 160.049-7a is removed.
63. Section 160.049-8 is revised to read a follows:
Sec. 160.049-8 Recognized laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.005 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.049-9 [Removed]
65. Section 160.049-9 is removed.
Sec. 160.049-10 [Removed]
66. Section 160.049-10 is removed.
Subpart 160.052--Specification For a Buoyant Vest, Unicellular
Plastic Foam, Adult and Child
Sec. 160.052-8a [Removed]
67. Section 160.052-8a is removed.
Sec. 160.052-8b [Removed]
68. Section 160.052-8b is removed.
Sec. 160.052-8c [Removed]
69. Section 160.052-8c is removed.
70. Section 160.052-9 is revised to read as follows:
Sec. 160.052-9 Recognized Laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.005 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.052-11 [Removed]
71. Section 160.052-11 is removed.
Sec. 160.052-12 [Removed]
72. Section 160.052-12 is removed.
Subpart 160.057--Floating Orange Smoke Distress Signals (15
Minutes)
Sec. 160.057-9 [Removed]
73. Section 160.057-9 is removed.
Subpart 160.060--Specification For a Buoyant Vest, Unicellular
Polyethylene Foam, Adult and Child
Sec. 160.060-8a [Removed]
74. Section 160.060-8a is removed.
Sec. 160.060-8b [Removed]
77. Section 160.060-8b is removed.
Sec. 160.060-8c [Removed]
75. Section 160.060-8c is removed.
76. Section 160.060-9 is revised to read as follows:
Sec. 160.060-9 Recognized Laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval
[[Page 13931]]
procedures of subpart 159.005 of this chapter, and shall apply for
approval directly to a recognized independent laboratory. The following
laboratories are recognized under Sec. 159.010-7 of this part, to
perform testing and approval functions under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.060-11 [Removed]
77. Section 160.060-11 is removed.
Sec. 160.060-12 [Removed]
78. Section 160.060-12 is removed.
Subpart 160.064--Marine Buoyant Devices
Sec. 160.064-5 [Removed]
79. Section 160.064-5 is removed.
Sec. 160.064-5a [Removed]
80. Section 160.064-5a is removed.
Sec. 160.064-5b [Removed]
81. Section 160.064-5b is removed.
82. Section 160.064-7 is revised to read as follows:
Sec. 160.064-7 Recognized Laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.005 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart:
Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995,
Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Sec. 160.064-8 [Removed]
83. Section 160.064-8 is removed.
Sec. 160.064-9 [Removed]
84. Section 160.064-9 is removed.
Subpart 160.066--Distress Signal for Boats, Red Aerial Pyrotechnic
Flare
85. In Sec. 160.066-11, paragraph (c) is revised to read as
follows:
Sec. 160.066-11 Approval procedures.
* * * * *
(c) The approval tests must be performed by an independent
laboratory accepted by the Commandant under Subpart 159.010 of this
chapter.
Sec. 160.066-18 [Removed]
86. Section 160.066-18 is removed.
Subpart 160.077--Hybrid Inflatable Personal Flotation Devices
87. Section 160.077-9 is revised to read as follows:
Sec. 160.077-9 Recognized Laboratory.
(a) A manufacturer seeking Coast Guard approval of a product under
this subpart shall follow the approval procedures of subpart 159.055 of
this chapter, and shall apply for approval directly to a recognized
independent laboratory. The following laboratories are recognized under
Sec. 159.010-7 of this part, to perform testing and approval functions
under this subpart: Underwriters Laboratories, 12 Laboratory Drive,
P.O. Box 13995, Research Triangle Park, NC 27709-3995, (919) 549-1400.
(b) Production oversight must be performed by the same laboratory
that performs the approval tests unless, as determined by the
Commandant, the employees of the laboratory performing production
oversight receive training and support equal to that of the laboratory
that performed the approval testing.
Dated: March 20, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard Chief, Office of Marine Safety, Security
and Environmental Protection.
[FR Doc. 96-7302 Filed 3-27-96; 8:45 am]
BILLING CODE 4910-14-M
