94-1135. Hybrid PFD's; Establishment of Approval Requirements  

  • [Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-1135]
    
    
    [[Page Unknown]]
    
    [Federal Register: January 18, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    46 CFR Parts 25 and 160
    
    [CGD 78-174]
    RIN 2115-AA29
    
     
    
    Hybrid PFD's; Establishment of Approval Requirements
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Supplemental notice of proposed rulemaking.
    
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    SUMMARY: On August 22, 1985 the Coast Guard published an interim final 
    rule (IFR) in the Federal Register (50 FR 33923) which established 
    structural and performance standards and procedures for approval of 
    hybrid inflatable personal flotation devices (PFD). This IFR allowed 
    the approval of several hybrid PFD's but not enough devices were made 
    and sold to make a significant difference in the number of lives saved 
    by this superior performing and more comfortable PFD. The changes 
    proposed are designed to make hybrid PFD's more affordable and 
    attractive to recreational boaters. The changes include lowering 
    manufacturing costs by reducing the amount of repetitive testing 
    required. Increases in buoyancy are proposed to compensate for removing 
    of the Type V criteria of being ``REQUIRED TO BE WORN'' to allow 
    approval of hybrids a Type I, II, and III. Types I, II, and III are 
    proposed in addition to the existing Type V category. This SNPRM also 
    proposes approval of hybrids for youths and small children. These 
    proposals are in hopes that hybrid PFD's will be more widely used and 
    potentially save more lives.
    
    DATES: Comments must be received on or before April 18, 1994.
    
    ADDRESSES: (a) Comments may be mailed to the Executive Secretary, 
    Marine Safety Council (G-LRA-2/3406) (CGD 78-174), U.S. Coast Guard, 
    2100 Second Street, SW., Washington, DC 20593-0001, or may be delivered 
    to room 3406 at the above address between the hours of 8 a.m. and 4 
    p.m. Monday through Friday. The telephone number is (202) 267-1477 for 
    further information about submitting comments. The Executive Secretary 
    maintains the public docket for this rulemaking. Comments will become 
    part of this docket and will be available for inspection or copying at 
    room 3406, U.S. Coast Guard Headquarters.
        (b) Copies of the Coast Guard Auxiliary Study, ``Inflatable 
    Personal Flotation Device Study,'' discussed in this document are 
    available from the National Technical Information Service, Springfield, 
    VA 22151 by referring to the publication number. The publication number 
    for Report No. CG-M-5-81 is AD A107941.
        (c) Copies of The Boat/U.S. Foundation for Boating Safety study, 
    ``Inflatable Personal Flotation Device Study: An Examination of 
    Inflatable PFD Performance and Reliability in Public Use'' dated March 
    11, 1993, can be obtained at the address mentioned under FOR FURTHER 
    INFORMATION CONTACT in this section.
        (d) UL Standard 1517 may be obtained from Underwriters 
    Laboratories, Publications Stock, 333 Pfingsten Road, Northbrook, IL 
    60062.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Samuel E. Wehr or Lieutenant Junior Grade Roger A. Smith, Office of 
    Marine Safety, Security, and Environmental Protection, Attn: G-MVI-3/
    14, 2100 Second Street SW., Washington, DC 20593-0001, (202) 267-1444.
    
    SUPPLEMENTARY INFORMATION: 
    
    Request for Comments
    
        Interested persons are invited to participate in this supplemental 
    notice of proposed rulemaking (SNPRM) by submitting written views, 
    data, or arguments. Persons submitting comments should include their 
    name and address, identify this SNPRM (CGD78-174) and the specific 
    section or paragraph of this proposal to which each comment applies, 
    and give reasons for each comment. Persons wanting acknowledgment of 
    receipt of comments should enclose a stamped self-adddressed postcard 
    or envelope.
        The Coast Guard will consider all written comments received during 
    the comment period. It may change this proposal in view of the 
    comments.
    
    Public Hearing
    
        The Coast Guard plans no public hearing. Persons may request a 
    public hearing by writing to the Marine Safety Council at the address 
    under ``ADDRESSES.'' If it determines that the opportunity for oral 
    presentations will aid this rulemaking, the Coast Guard will hold a 
    public hearing at a time and place announced by a later notice in the 
    Federal Register.
    
    Drafting Information
    
        The principal persons involved in drafting this document are Mr. 
    Samuel E. Wehr and Lieutenant Junior Grade Roger A. Smith, Office of 
    Marine Safety, Security, and Environmental Protection, and LT Ralph L. 
    Hetzel, Office of Chief Counsel.
    
    Background and Purpose
    
        A notice of proposed rulemaking (NPRM) was published in the Federal 
    Register on May 29, 1985 (50 FR 21878). Corrections to the NPRM were 
    published in the Federal Register of June 18, 1985 (50 FR 25274). The 
    comment period on that proposal ended on July 15, 1985.
        The NPRM proposed requirements for both hybrid PFD's and inflatable 
    lifejackets. An interim final rule promulgating hybrid PFD requirements 
    was published in the Federal Register on August 22, 1985 (50 FR 33923). 
    Corrections to this rule were published on February 4, 1986 (51 FR 
    4349). Comments that addressed concerns relating to the hybrid PFD 
    requirements were analyzed and discussed in the August 22, 1985 
    publication.
    
    Proposed Amendments
    
        This notice proposes changes to the requirements for approving 
    hybrid inflatable PFD's and for the carriage of hybrid PFD's on 
    commercial vessels. The requirements are self-explanatory and have been 
    included in a list which cites each specific section number for ease of 
    presentation.
        If adopted, the changes proposed by this SNPRM may be incorporated 
    by reference in the regulation by citing an updated revision to 
    Underwriters Laboratories Standard 1517, Hybrid Personal Flotation 
    Devices.
    
    Discussion of Proposed Revisions
    
        General. Primarily these revisions are based on the U.S. Coast 
    Guard's experience in evaluating for approval four models of hybrids by 
    four different manufacturers. Also considered are the discussions and 
    comments at the 1991 and 1992 meetings of the Industry Advisory Council 
    (IAC) of Underwriters Laboratories (UL) and the November 11, 1991 
    National Boating Safety Advisory Council (NBSAC).
        This SNPRM proposes approval of hybrid inflatable PFD's for youths 
    and small children. The rule changes would allow approval of 
    recreational hybrid inflatable PFD's for weight ranges down to 14 kg 
    (30 lb) and commercial hybrid inflatable PFDs's for persons weighing 
    over 23 kg (50 lb). It is the Coast Guard's position that the required 
    amount of inherent buoyancy and provision for automatic inflation 
    mechanisms on all hybrids for small children, between 14-23 kg (30-50 
    lb), justifies approval of hybrids in these weight ranges.
        If the requirements in the SNPRM are adopted hybrid PFD's will be 
    approved in ten recreational and four commercial Type and size 
    categories. Several tables have been added to improve understanding of 
    the various categories. Comments are requested on the clarity and 
    reader comprehensibility of the proposed requirements for the various 
    Types in this format.
        The comments/revisions are divided into seven areas as follows:
    
    Proposed Changes
    
    --Changes to make use of hybrids more attractive.
    --Changes to decrease repetitive testing.
    --Changes to improve reliability.
    --Changes made for clarification.
    --Reorganization.
    --Changes to 46 CFR subpart 25.25 Life Preservers and Other Lifesaving 
    Equipment.
    --Changes to make editorial corrections.
    
    Changes To Make Use of Hybrids More Attractive
    
        A number of changes are proposed to make hybrid inflatable PFD's 
    more attractive to recreational boaters and manufacturers. The intent 
    of the interim final rule was to provide regulations which ensure 
    introduction of hybrid PFD's with little or no increased risk due to 
    failure of the inflation system. When placed into practice the rules 
    proved too burdensome to attract many recreational boaters to buy the 
    PFD's and for manufacturers to produce them. As a result production and 
    use of hybrid PFD's is very limited. To date two manufacturers have 
    actually obtained approval, another is pending approval, and only one 
    is currently producing. Demand from consumers for hybrid PFD's has been 
    minimal. A market analysis to determine what advantages or 
    disadvantages consumers may see in hybird PFD's has not been conducted. 
    Information which may provide insight into this specific area of 
    concern is solicited by the Coast Guard and comments from interested 
    parties are encouraged.
        The Coast Guard's efforts to encourage production and use of hybrid 
    PFD's is based upon comments obtained from the manufacturers of hybrid 
    PFD's during the 1991 and 1992 Underwriters Laboratories Industry 
    Advisory Council and 1991 National Boating Safety Advisory Council. In 
    this light, the Coast Guard proposes to change the following sections 
    to make hybrids more appealing to boaters and to reduce the regulatory 
    burden placed upon manufacturers:
    
    Section 160.077-1  Scope
    
        (b) Discussions at the 1991 Underwriters Laboratory Industry 
    Advisory Conference indicated that consumers are discouraged from 
    purchasing hybrid PFD's because the REQUIRED TO BE WORN limitation 
    causes legal questions in the users mind and leaves little flexibility 
    in use of the devices. Also, in May 1992 NBSAC recommended carriage of 
    hybrid PFD's be allowed without being ``REQUIRED TO BE WORN.'' To 
    encourage consumers to purchase--and ultimately wear--hybrid PFD's the 
    Scope will be revised to indicate that hybrid PFD's approved as Type I, 
    II, or III devices do not have the restriction of being REQUIRED TO BE 
    WORN.
        (d) Under the interim final rule a hybrid PFD is approved only for 
    adults. The Coast Guard proposed to amend this paragraph to include 
    hybrid inflatable PFD's for small children weighing 14-23 kg (30-50 
    lb), and for youths weighing 23-40 kg (50-90 lb). Current regulations 
    require hybrid PFD's with Type I and II performance to have automatic 
    inflation mechanisms. Hybrid PFD's for use by small children weighing 
    14-23 kg (30-50 lb) would be approved a Type I or II only. Hybrid PFD's 
    approved for use by youths would be aprpoved as Types I, II, III, and 
    V. Hybrid PFD's for infants, persons weighing less than 14 kg are not 
    proposed.
    
    Section 160.077-3  Definitions
    
        (j) The USCG is proposing adoption of standards for approval of 
    hybrid inflatable PFD's for youths, weighing 23-40 kg (50-90 lb), and 
    small children, weighing 14-23 kg (30-50 lb). Under the proposal this 
    paragraph will be revised to redefine ``Reference Vest'' to include 
    models CKM-1, child medium; and model CKS-2, child small, meeting 
    subpart 160.047 of this chapter.
    
    Section 160.077-5  Required to be Worn
    
        (c)(1) Recreational hybrid PFD's approved as Type I, II, or III 
    will meet carriage requirements without being worn. Therefore, this 
    paragraph will be changed to indicate that only Type V recreational 
    hybrid PFD's are ``REQUIRED TO BE WORN.''
        (c)(2) Commercial hybrid PFD's approved as type I will meet 
    carriage requirements without being worn. Therefore, this paragraph 
    will be changed to indicate that only Type V commercial hybrid PFD's 
    are ``REQUIRED TO BE WORN.''
    
    Section 160.077-7  Type
    
        (a) Type I, II, or III hybrid PFD's will not be bound to Type V 
    restrictions. In keeping with the change to Sec. 160.077-1(b) and (d) 
    this paragraph will be revised to indicate that hybrid PFD's may be 
    approved as Types I, II, III, or V for persons in various weight ranges 
    over 23 kg (50 lb.) and as Types I and II for persons weighing 14-23 kg 
    (30-50 lb). Type V is not a performance Type. Type V approval means the 
    device is limited to special uses or conditions. Type V hybrid PFD's 
    are ``REQUIRED TO BE WORN`` because they have reduced inherent 
    buoyancy. Type V hybrid PFD's will be required to have Type I, II, or 
    III performance when inflated.
        (b) The proposed change to hybrid PFD Types approved, discussed in 
    Sec. 160.077-7(a) of this section, authorizes hybrid PFD's to be 
    approved as Type I, II, III, or V for persons weighing over 23 kg (50 
    lb) and Types I and II for persons weighing 14-23 kg (30-50 lb). To be 
    consistent with that change, this paragraph will be revised to indicate 
    that hybrid PFD's must have at least Type I, II, or III performance.
    
    Section 160.077-13  Materials--Commercial Hybrid PFD
    
        (d) Current commercial equipment regulations only require vessels 
    in certain operations to carry PFD's with approved PFD lights. Because 
    PFD lights are not required for all commercial vessels the requirement 
    that commercial hybrid PFD's be provided with a light will be deleted.
    
    Section 160.077-15  Construction and Performance--Recreational Hybrid 
    PFD
    
        (b)(13) A proposed requirement will be added to provide Type I 
    recreational hybrid PFD's with a PFD light attachment. This requirement 
    is intended to provide vessel operators with an option to attach a PFD 
    light, while avoiding damage to the inflation chamber due to improper 
    light attachment.
    
    Section 160.077-17  Additional Requirements
    
        (b)(4) There have been no field complaints concerning failure of 
    the inflation chamber on hybrid inflatable PFD's. Studies conducted by 
    the USCG Auxiliary (INFLATABLE PERSONAL FLOTATION DEVICE STUDY, Report 
    No. CG-M-5-81) and The Boat/U.S. Foundation for Boating Safety 
    (``INFLATABLE PERSONAL FLOTATION DEVICE STUDY: An Examination of 
    Inflatable PFD Performance and Reliability in Public Use'' dated March 
    11, 1993) have provided additional information on fully inflatable 
    PFD's which leads the USCG to conclude that one inflation chamber can 
    provide reliability equivalent to dual chambers in hybrid PFD's. 
    Therefore, the required number of inflation chambers on commercial 
    hybrid PFD's has been reduced from two to one. However, if the device 
    is marked as a ``lifejacket'' meeting the Safety of Life at Sea (SOLAS) 
    requirements, two inflation chambers must still be provided.
        (b)(8) Adults have a wide range of chest sizes. To provide all 
    passengers with a suitable size PFD, the Coast Guard proposes to add a 
    requirement that adult commercial hybrid PFD's to be universally sized.
        (b)(9) Operators of commercial vessels may be required to have 
    PFD's with approved PFD lights attached. The USCG proposes to drop the 
    requirement for commercial hybrid PFD's to be provided with an approved 
    PFD light at time of manufacture as discussed in Sec. 160.077-13(d). 
    Instead, a requirement will be added to provide all commercial hybrid 
    PFD's with a PFD light attachment at time of manufacture. This change 
    is intended to provide vessel operators with an option to attach a PFD 
    light, relieve manufacturers of this requirement, and avoid potential 
    damage to the inflation chamber due to improper light attachment in the 
    field.
    
    Section 160.077-23  Over-pressure
    
        (h)(4) The inflation chambers on hybrid PFD's sometimes fail to 
    hold the required pressure during the over-pressure test although they 
    remain serviceable. The loss of pressure is often attributed to the 
    stretching of the inflation chamber material, thus increasing the 
    volume of the chamber and reducing the static pressure reading. This 
    paragraph revision is proposed to allow prestressing of the inflation 
    chamber.
    
    Section 160.077-23  Air Retention
    
        (h)(5) For the same reasons discussed in the paragraph covering 
    Sec. 160.077-23(h)(4) above, the Coast Guard proposes revision of this 
    paragraph to allow prestressing of the inflation chamber prior to the 
    Air Retention test.
    
    Section 160.077-23  Disposition of PFD's Rejected in Testing or 
    Inspections
    
        (k)(1) The paragraph will be changed to indicate that an authorized 
    representative of the Commandant may also allow reworking of the lot to 
    correct the defect in a rejected PFD lot. In addition, this paragraph 
    will be revised to delete the text ``(G-MVI-3)'' in response to the 
    change in definition of ``Commandant,'' discussed in Sec. 160.077-3(a) 
    under ``Changes to make editorial corrections.''
        (k)(2) The paragraph will be changed to indicate that an authorized 
    representative of the Commandant may allow reexamination or 
    reinspection of any PFD rejected in a final lot examination or 
    inspection. In addition, this paragraph is to be revised to delete the 
    text ``(G-MVI-3)'' in response to the change in definition of 
    ``Commandant,'' discussed in Sec. 160.077-3(a) under ``Changes to make 
    editorial corrections.''
    
    Section 160.077-27  Pamphlet
    
        (a) through (f) In keeping with Sec. 160.077-7(a), Type I, II, and 
    III hybrid PFDs will not have the approval limitations of a Type V 
    hybrid PFD. In consideration of this change, a requirement will be 
    added for a different pamphlet for each hybrid PFD Type. The proposed 
    method of change is to adopt revisions to Underwriters Laboratories 
    ``Standard for Safety'', UL 1517, section 39, ``Information Pamphlet,'' 
    if the necessary revisions can be made in a timely manner. In this 
    SNPRM, the text of the proposed changes is published in its entirety 
    where the current text of UL 1517 is not applicable to Type I, II and 
    III hybrids. Text in this SNPRM would be used in the final rule if UL 
    1517 is not revised at that time.
    
    Section 160.077-29  Manual Contents
    
        (b) through (e) It is anticipated that the designs for Type I, II, 
    III, or V Recreational hybrid PFDs will be different. Therefore, 
    paragraph (b) will be revised and several new paragraphs added to 
    require that each Type I, II, III, or V Recreational Hybrid PFD be 
    provided with an owner's manual appropriate to that type PFD. The 
    proposed method of change is to adopt revisions to Underwriters 
    Laboratories ``Standards for Safety'', UL 1517, section 40, ``Owners 
    Manual,'' if the necessary revisions can be made in a timely manner. In 
    this SNPRM, the test of the proposed changes is published in its 
    entirety where the current text of UL 1517 is not applicable to Type I, 
    II, and III hybrids. Text of this SNPRM would be used in the final rule 
    if UL 1517 is not revised at that time. Former paragraph (c) is 
    redesignated (f), which is discussed later in this preamble. The new 
    paragraph (c) addresses the manual for Type I, II, or III recreational 
    hybrids PFDs which do not have to be worn to meet carriage 
    requirements. The requirements for Type V recreational hybrid PFD 
    owner's manual remains the same but is moved to paragraph (d). The 
    requirements of former paragraph (b)(2) are now in paragraph (e).
    
    Section 160.077-29  Commercial Hybrid PFD
    
        (c)(2) This paragraph will be changed to indicate that commercial 
    hybrid PFDs approved as a ``Work Vest Only'' or Type I PFD must contain 
    the information required by the Approval Certificate or in paragraph 
    (b)(1) of this section.
    
    Section 160.077-30  Spare Operating Components
    
        (a) The changes to the Scope, Sec. 160.077-1(b) allow hybrid PFDs 
    to be approved as Type I, II, III, or V. In response to the changes in 
    the Scope this paragraph will be amended to require all Types of hybrid 
    PFDs to be provided with spare operating components at the time of 
    sale.
        (a)(1) There has been some confusion concerning the number of 
    inflation medium cartridges which should be provided with the hybrid 
    PFD at the time of sale. This paragraph has been changed to indicate 
    that when hybrid PFD's with a manual or automatic inflation mechanism 
    are provided with one inflation medium cartridge loaded into the 
    inflation mechanism only two spare cartridges need to be included. When 
    hybrid PFD's are sold without an inflation medium cartridge loaded into 
    the inflation mechanism they must be provided with at least three 
    cartridges.
        This paragraph will also be renumbered to be consistent with 
    standard Code of Federal Regulations (CFR) format.
        (a)(2) Another area of misunderstanding has been the number of 
    water sensitive elements to be provided at the time of sale. To clarify 
    the required number of water sensitive elements to be provided the 
    paragraph has been changed. When hybrid PFD's with an automatic 
    inflation mechanism are provided with one water sensitive element 
    loaded into the inflation mechanism only two spare water sensitive 
    elements need to be provided. When hybrid PFD's are sold without a 
    water sensitive element loaded into the inflation mechanism they must 
    be provided with at least three water sensitive elements.
        This paragraph will also be renumbered to be consistent with 
    standard CFR format.
    
    Section 160.077-31  Recreational Hybrid PFD
    
        (c) The required marking text for recreational hybrid PFD's will be 
    changed to be consistent with revisions to Type, discussed under 
    Sec. 160.077-7(a) of this section and buoyancy changes, covered under 
    ``Changes to improve reliability'', Sec. 160.077-19(b)(6).
    
    Section 160.077-31  Commercial Hybrid PFD
    
        (d) The required marking text for commercial hybrid PFD's will be 
    changed to be consistent with revisions to Type, discussed under 
    ``Changes to make use of hybrids more attractive'', Sec. 160.077-7(a) 
    and buoyancy changes, covered under ``Changes to improve reliability'', 
    Sec. 160.077-21(c)(3).
    
    Section 160.077-31  All PFD's
    
        (e)(5) The requirement for marking generic identification of the 
    inherently buoyant material is of little value to the hybrid PFD user. 
    Therefore, the marking requirement for generic identification of the 
    inherently buoyant material will be deleted.
    
    Section 160.077-31  Foam
    
        (g)(1) The space allotted to this paragraph is greater than the 
    importance of the information provided. The text will be revised to 
    better balance the information provided on the label by shortening the 
    marking requirement for flotation material buoyancy. The statement ``As 
    explained in the owner's manual, test at least once annually for 
    buoyancy loss.'' is proposed to follow the minimum buoyant force 
    statement in paragraph (c) or (d) of this section.
    
    Section 160.077-31  Type Equivalence
    
        (h) Because hybrid PFD's marked as Type I, II, or III will be 
    tested as such, the Type Equivalence marking requirement will be 
    changed to be applicable to Type V hybrids only.
    
    Section 160.077-31  Approved Use
    
        (j)(1) This paragraph will be amended to show that Type I 
    commercial hybrid PFD's meet carriage requirements without restriction. 
    Type V commercial hybrid PFD's remain ``Required to Be Worn.''
        (j)(4) This paragraph will be added to allow manufacturers the 
    option of leaving the approved use unspecified on the label if 
    authorized to do so by the Commandant, U.S. Coast Guard.
    
    Section 160.077-31  Size Ranges
    
        (1) This paragraph will be added to specify the exact text to be 
    used when providing PFD size information on labels for approved hybrid 
    PFD's.
    
    Section 160.077-33  Approval Procedures
    
        (a)(3)(vi) The proposed changes to the Scope and Types discussed in 
    Secs. 160.077-1(d) and 160.077-7(a) of this section, authorize hybrid 
    PFD's to be approved in various Types and size ranges. To be consistent 
    with these changes, this paragraph will be added to require 
    manufacturers to provide the size range of the intended wearers when 
    applying for USCG approval of a hybrid PFD.
    
    Changes To Decrease Repetitive Testing
    
        Some of the required tests are repetitive and increase the cost of 
    producing hybrid PFD's. Elimination of repetitious testing should 
    reduce manufacturing costs which may in turn encourage increased 
    production. With the intent to encourage greater production through 
    lower production costs the following changes are proposed.
    
    Section 160.077-23  Manufacturer
    
        (b)(1)(i) Situations have occurred where extremely small lots (less 
    than 50) of hybrid PFD's have been manufactured. Requirements for 
    testing each lot by both the manufacturer and laboratory inspector 
    increase the individual cost of hybrid PFD's produced in such small 
    numbers. Reduction of repetitive testing is proposed by revising this 
    paragraph to combine the manufacturer's and laboratory inspector's 
    tests when five consecutive lots do not exceed a total of 250 devices. 
    This revision would reduce repetitive testing and decrease production 
    costs without compromising the safety of approved devices.
    
    Section 160.077-23  Independent Laboratory
    
        (b)(2)(ii) Historically the number of hybrid PFD's produced has 
    been nominal. In some calendar quarters very small lots have been 
    produced. The requirement for an independent laboratory inspection 
    every quarter increases production costs when small lots are produced. 
    Reduction of independent laboratory inspections is proposed by changing 
    this paragraph to require one inspection annually when not more than 
    five lots, with no more than 1000 devices per lot, are produced per 
    calendar year.
        (b)(2)(iv) This paragraph will be revised to show reference to 
    paragraph (b)(2)(v) which provides an exception to the number of 
    required records examinations, and test performance observations when 
    not more than five lots are produced during any calendar year.
        (b)(2)(v) For the same reasons stated in the proposed changes to 
    paragraph (b)(2)(ii) of this section, this paragraph will be added to 
    clarify that the number of required records examinations and test 
    performance observations will be changed to one annually when not more 
    than five lots are produced per calendar year.
    
    Section 160.077-23  Samples
    
        (d)(4) As per the reasons stated in proposed changes to paragraph 
    (b)(2)(ii) of this section, this paragraph will be revised to indicate 
    that when the total production for any five consecutive lots does not 
    exceed 250, the manufacturer's and inspector's testing and inspection, 
    can be combined.
        (d)(5) Lots containing small numbers of hybrid PFD's are often 
    produced. Requirements for individual tests and inspections by both the 
    manufacturer and the independent laboratory increase production costs 
    when small lots are produced. Reduction of repetitive test and 
    inspections is proposed by authorizing the manufacturer's and 
    inspector's tests to be run on the same sample at the same time when 
    the total production for any five consecutive lots does not exceed 
    250.TABLE 160.077-23B, Inspector's Sampling.
        Footnote 2. Field use of hybrid PFD's had proven the devices to be 
    reliable and there have been no complaints concerning failures. To 
    lower production costs the frequency of this test will be reduced from 
    quarterly to annually.
        Footnote 3. There have been no reports of the required marking 
    becoming illegible on hybrid PFD's. To reduce production costs the 
    frequency of this test will be reduced from quarterly to two annually.
    
    Section 160.077-23  Calibration
    
        (g)(2) Manufacturers have not exposed problems during equipment 
    calibrations. Because equipment calibration had proven reliable the 
    Coast Guard proposes reducing the test equipment calibration interval 
    to once annually.
    
    Changes To Improve Reliability
    
    Section 160.077-15  Construction and Performance--Recreational Hybrid 
    PFD
    
        (b)(14) This paragraph will be added to reaction to the changes to 
    the Scope in Sec. 160.077-1(b) and Type discussed in Sec. 160.077-7, 
    under Changes to make use of hybrids more attractive.'' To compensate 
    for removing the REQUIRED TO BE WORN statement the Coast Guard is 
    proposing to add additional inherent buoyancy for recreational Type I, 
    II, and III hybrid PFD's. Deliberations from the 1991 and 1992 
    Underwriters Laboratories Industry Advisory Council meeting and the 
    1991 National Boating Safety Advisory Council concerning the amount of 
    additional buoyancy to add to adult hybrid PFD's were considered. The 
    options considered and discussed at those meetings included increasing 
    the additional buoyancy to 40 N (9 lb) or 45 N (10 lb) in Type V hybrid 
    for adults, weighing over 40 kg (90 lb). The design variations of 
    either are not significant in affecting wear and comfort. The Coast 
    Guard proposes the 45 N (10 lb) option in order to provide a minimum 
    buoyancy closer to the International Standards Organization (ISO) 
    proposed minimum standard of
    50 N.
        In this paragraph the Coast Guard is also proposing buoyancy 
    specifications for recreational hybrid PFD's for persons weighing 14-23 
    kg (30-50 lb) and 23-40 kg (50-90 lb). The USCG is not proposing to 
    approve recreational hybrid inflatable PFD's for infants, weighing less 
    than 14 kg (30 lb).
        In addition, the Coast Guard is proposing to increase the total 
    required buoyancy when inflated for Type I recreational hybrids for 
    adults. The total buoyancy will be increased to 130 N (30 lb), in lieu 
    of the 100 N (22 lb) inflated buoyancy requirement for adult Type II, 
    III, or V hybrids. This proposal is based on the Coast Guard's 
    determination that this buoyancy is the minimum amount necessary to 
    provide performance as required by SOLAS 74/83. Depending on the PFD's 
    design buoyancy distribution, more buoyancy may be required. Although 
    recreational devices are not required to meet the requirements of SOLAS 
    74/83, the greater performance is consistent with the Type I 
    classification and can be obtained at nominal cost.
    
    Section 160.077-17  Construction and Performance--Commercial Hybrid PFD
    
        (b)(10) In lieu of the Type V requirement, the Coast Guard proposes 
    to increase the minimum inherent and minimum total buoyancies for adult 
    Type I commercial hybrids. This proposed paragraph revision requires 
    the minimum inherent buoyancy for adult Type I commercial hybrids to be 
    70 N (15.5 lb), increased from 45 N (10 lb). The Coast Guard proposes 
    to increase the amount of total buoyancy for commercial Type I hybrids 
    to 130 N (30 lb) in lieu of the 100 N (22 lb) total buoyancy 
    requirement for Type V hybrids.
        In addition the Coast Guard proposes to increase the required 
    inherent buoyancy in adult type V commercial hybrid inflatable PFD's. 
    To compensate for the loss of an extra inflation chamber, as discussed 
    under ``Changes to make use of hybrids more attractive'' Sec. 160.077-
    17(b)(4), the minimum inherent buoyancy requirement for adult type V 
    commercial hybrid inflatable PFD's will be increased from 45 N (10 lb) 
    to 60 N (13 lb).
    
    Section 160.077-19  Buoyancy, Buoyancy Distribution, and Inflation 
    Medium Retention Test
    
        (b)(6) As discussed under the Scope in Sec. 160.077-1(b), in 
    ``Changes to make hybrids more attractive'' it is proposed that the 
    ``Required To Be Worn'' statement be removed from Type I, II, or III 
    hybrid PFD's. To compensate for removing the REQUIRED TO BE WORN 
    condition, additional inherent buoyancy is proposed to be added as 
    discussed in Sec. 160.077-15(b)(14) which will be required to be tested 
    for by this paragraph.
    
    Section 160.077-21  Buoyancy and Inflation Medium Retention Test
    
        (c)(3) In Sec. 160.077-17 above, the Coast Guard is proposing 
    minimum buoyancies for hybrid PFD's. This paragraph will be revised to 
    require commercial hybrid's to be tested for and meet the minimum 
    buoyancies specified in Sec. 160.077-17(b)(10).
    
    Section 160.077-21  Flotation Stability Criteria
    
        (d)(3) (i) and (ii) These paragraphs are added to ensure commercial 
    hybrid PFD's provide adequate freeboard commensurate with other 
    commercial PFD's. Commercial Type I hybrids must provide at least 100 
    mm (4 inches) of freeboard and SOLAS lifejackets must provide at least 
    120 mm (4.75 inches) of freeboard.
    
    Changes Made for Clarification
    
    Section 160.077-1  Scope
    
        (c) This paragraph will be revised to clarify that hybrid PFD's 
    approved as Type I SOLAS 74/83 Life Jackets meet the requirements for 
    carriage on all inspected commercial vessels.
    
    Section 160.077-3  Definitions
    
        (l) This section will be redesignated Sec. 160.077-2 and a 
    definition will be added to clarify that a PFD marked as a SOLAS 
    lifejacket meets the requirements for lifejackets in the 1983 
    Amendments to the International Convention for the Safety of Life at 
    Sea, 1974 (SOLAS 74/83).
    
    Section 160.077-7  Type
    
        (c) This section will be redesignated Sec. 160.077-4 and this 
    paragraph will be added to indicate that hybrid PFDs may be approved 
    for use on recreational boats, commercial vessels or both if the 
    applicable requirements are met.
    
    Section 160.077-15  Performance
    
        (a)(2)(ii) PFD's approved as Type I or II must not require second 
    stage donning to achieve that performance. The interim final rule 
    addresses only Type II performance. This paragraph will be revised to 
    make it clear that PFD's marked Type I or II, or as Type V providing 
    Type I or II performance must not require second stage donning to 
    achieve that performance.
    
    Section 160.077-15  Construction; General
    
        (b)(3) This paragraph will be amended to reflect that devices 
    approved as Type I, as well as Type II, are to be provided with at 
    least one automatic inflation mechanism that inflates at least one 
    chamber.
    
    Section 160.077-15  Inflation Mechanism
    
        (c)(2)(ii) This paragraph will be changed to clarify that dust 
    caps, if provided, cannot be locked.
    
    Section 160.077-15  Deflation Mechanism
    
        (d)(3) This paragraph will be changed by replacing the word ``can'' 
    with ``may'' to clarify that the oral inflation mechanism is an option 
    in meeting the deflation mechanism requirement.
    
    Section 160.077-19  Inflated Flotation Stability
    
        (b)(3)(iii) The Coast Guard proposes to approve hybrid PFD's as 
    Types I, II, III, and V for adult and youth sizes, and Type I and Type 
    II for small child sizes for use on recreational boats, commercial 
    vessels, or both if they perform accordingly and the applicable 
    requirements are met. A requirement to test for Type I performance in 
    accordance with the requirements specified under Sec. 160.176-13(d)(2) 
    will be added if the device is to be so labeled.
        In response to the suggested approval Types and sizes, the 
    requirements for inflated flotation stability need revision. The 
    proposed method of change is to adopt revisions to Underwriters 
    Laboratories ``Standard for Safety'', UL 1517, section 15 ``Inflated 
    Flotation Stability Test.''
        In addition, this paragraph will be revised by specifying that the 
    reference vest used must be the appropriate size device.
    
    Section 160.077-21  Righting Action
    
        (c)(4)(ii) As presently written in UL 1517, section S8, one 
    inflation chamber must be deflated during the Righting Action Test. The 
    Coast Guard proposes to change to one chamber the current requirement 
    for two chambers on commercial hybrid PFD's to reduce costs. This 
    paragraph will be changed to clarify that one inflation chamber has to 
    be deflated only if there is more than one chamber.
    
    Section 160.077-23  Facilities and Equipment
    
        (g)(3)(x) This section requires manufacturers to provide the 
    required test equipment for performance of production tests. However, 
    the equipment necessary to perform the required Inflation Chamber 
    Materials production tests was not included in the interim final rule. 
    This paragraph will be added to require manufacturers to provide the 
    Inflation Chamber Materials production test equipment.
    
    Section 160.077-29  Manual
    
        (f)(5) As discussed in Secs. 160.077-13(d) and 160.077-17(b)(9) 
    under ``Changes to make use of hybrids more attractive'', the USCG 
    proposes to drop the requirement for commercial hybrid PFDs to be 
    provided with an approved PFD light at the time of manufacture. Former 
    paragraph (c) of this section is redesignated (f) and this paragraph 
    will be added to include a requirement that the manual must specify the 
    recommended type of PFD light to be used if a light is not provided by 
    the manufacturer. Paragraph references in this section are revised to 
    agree with the other revisions to this section discussed earlier in 
    this preamble.
    
    Section 160.077-30  Temporary Marking
    
        (b)(1) The original paragraph (b) will be renumbered (b)(1) in 
    conjunction with the addition of paragraph (b)(2) to this section. This 
    paragraph defines the temporary marking requirements when a hybrid PFD 
    is sold in a ready-to-use condition. Paragraph (b)(2) is proposed to 
    define the temporary marking requirements when a hybrid PFD is not sold 
    in a ready-to-use condition.
        (b)(2) Section 160.077-30(a)(1) (i) and (ii) will be amended to 
    clarify that a total of three inflation medium cartridges and three 
    water sensitive elements must be provided with the hybrid device when 
    sold. Additionally, a cartridge and element may or may not be pre-
    loaded at the time of sale. This paragraph will be added to refer to 
    the marking requirement specified in Sec. 160.077-15(c)(3)(ii) which 
    will be used when the device is sold without either an inflation medium 
    cartridge, or a water sensitive element or both pre-loaded into the 
    inflation mechanism.
    
    Section 160.077-33  Approval Procedures
    
        (a)(3)(vi) This section will be redesignated Sec. 160.077-6 and 
    this paragraph is proposed to indicate that the intended size range of 
    wearers must be included with the application package.
    
    Reorganization
    
        A number of the sections within the subpart have been moved to be 
    consistent with the organization of the inflatable lifejacket 
    regulation at 46 CFR 160.176. The new organization with the old section 
    numbers where applicable, and the section titles, is as follows:
    
    ------------------------------------------------------------------------
    New section                                                             
                 Old section                   Section title                
    ------------------------------------------------------------------------
    160.077-1..          same  Scope.                                       
    160.077-2..     160.077-3  Definitions.                                 
    160.077-3..     160.077-5  Required to be worn.                         
    160.077-4..     160.077-7  Type.                                        
    160.077-5..     160.077-9  Incorporation by Reference.                  
    160.077-6..    160.077-33  Approval Procedures.                         
    160.077-7..    160.077-35  Procedure for Approval of Design or Material 
                                Revision.                                   
    160.077-9..    160.077-37  Independent Laboratories.                    
    ------------------------------------------------------------------------
    
    
        Remaining sections are unchanged.
    
    Changes to 46 CFR Subpart 25.25 Life Preservers and Other Lifesaving 
    Equipment.
    
    Section 25.25-5  Life Preservers and Other Lifesaving Equipment 
    Required
    
        (f)(1) The text previously published as Sec. 25.25-5(f)(2) has been 
    moved to this paragraph to make it clear only Type V commercial hybrid 
    PFD's will be required to be worn as stated in the revised Sec. 25.25-
    5(f)(3).
        (f)(2) The text previously published as Sec. 25.25-5(f)(3) has been 
    moved to this paragraph to make it clear only Type V commercial hybrid 
    PFD's will be required to be worn as stated in the revised Sec. 25.25-
    5(f)(3).
        (f)(3) The Coast Guard proposes to revise the Scope in 46 CFR 
    subpart 160.077-1(b) to indicate that hybrid PFD's approved as Type I 
    devices do not have the restriction REQUIRED TO BE WORN. In keeping 
    with the changes to the scope in 46 CFR subpart 160.077-1(b), the text 
    (originally published as Sec. 25.25-5(f)(1)) will be moved to paragraph 
    (f)(3) and will be changed to show that Type I commercial hybrid PFD's 
    do not have to be worn to meet carriage requirements. Type V commercial 
    hybrid PFD's remain ``Required To Be Worn.''
    
    Changes To Make Editorial Corrections
    
    Section 160.077-3  Definition.
    
        (a) This paragraph is revised to keep the definition of 
    ``Commandant'' consistent with the definition found in Subpart 160.176-
    3.
        (h) This paragraph is revised to drop the reference to 
    Sec. 175.3(b) as a result of the proposed rule changes to 33 CFR part 
    175 published in the Federal Register on November 9, 1992 (57 FR 
    53410).
    
    Section 160.077-11  Flotation Material
    
        (b)(1)(iii) The Omnibus Trade and Competitiveness Act of 1988 
    amended the Metric Conversion Act of 1975 to declare that each federal 
    agency shall change over to the metric system. This paragraph is 
    revised in accordance with the Omnibus Trade and Competitiveness Act of 
    1988 to include metric as well as English measurements.
    
    Section 160.077-11  Flotation Material
    
        (j) This paragraph is revised to change the subparagraph 
    designation from an upper case (J) to a lower case (j).
    
    Section 160.077-15  Construction and Performance--Recreational Hybrid 
    PFD's
    
        (b)(15) Section 160.077-15(b)(13) is renumbered Sec. 160.077-
    15(b)(15) to incorporate the additional requirements proposed as 
    Sec. 160.077-15(b) (13) and (14) in this SNPRM.
    
    Section 160.077-19  Approval Testing--Recreational Hybrid PFD
    
        (e) This paragraph is revised to delete the text ``(G-MVI-3)'' in 
    response to the change in definition of ``Commandant,'' discussed in 
    Sec. 160.077-3(a) above.
    
    Section 160.077-21  Approval Testing--Commercial Hybrid PFD
    
        (g) This paragraph is revised to delete the text ``(G-MVI-3)'' in 
    response to the change in definition of ``Commandant,'' discussed in 
    Sec. 160.077-3(a) above.
    
    Section 160.077-23  General
    
        (a)(2) This paragraph is revised to delete the text ``(G-MVI-3)'' 
    in response to the change in definition of ``Commandant,'' discussed in 
    Sec. 160.077-3(a) above.
    
    Section 160.077-23  Equipment
    
        (g)(3)(iii) This paragraph is revised to show that 14 g equals 0.5 
    oz.
    
    Section 160.077-23  Independent Laboratory Inspection
    
        (j)(4)(iii) This paragraph is revised to delete the text ``(G-MVI-
    3)'' in response to the change in definition of ``Commandant,'' 
    discussed in Sec. 160.077-3(a) above.
    
    Section 160.077-31  Statement of Minimum Uniflated Bouyancy
    
        (k) This paragraph is revised in accordance with the Omnibus Trade 
    and Competitiveness Act of 1988 to include metric as well as English 
    measurements.
    
    Section 160.077-33  Approval Procedures
    
        (b) and (c)(1) These paragraphs are revised to delete the text 
    ``(G-MVI-3)'' in response to the change in definition of 
    ``Commandant,'' discussed in Sec. 160.077-3(a) above.
    
    Section 160.077-35  Procedure for Approval of Design or Material 
    Revision
    
        (a) and (b) These paragraphs are revised to delete the text ``(G-
    MVI-3)'' in response to the change in definition of ``Commandant,'' 
    discussed in Sec. 160.077-3(a) above.
    
    Section 160.077-37 Independence Laboratories
    
        This paragraph is revised to delete the text ``(G-MVI-3)'' in 
    response to the change in definition of ``Commandant,'' discussed in 
    Sec. 160.077-3(a) above.
    
    46 CFR 25.25-5  Life Preservers and Other Lifesaving Equipment Required
    
        (f) This paragraph is amended to correct a typographical error by 
    changing PED to PFD.
    
    Regulatory Evaluation
    
        This proposal is not a significant regulatory action under 
    Executive Order 12866 and is nonsignificant under Department of 
    Transportation Regulatory Policies and Procedures (44 FR 11040, 
    February 26, 1979). A Regulatory Evaluation was originally placed in 
    the rulemaking docket in 1985, reviewed in May 1991 with regard to 
    inflatable lifejackets, and reconsidered in April 1993, concerning 
    hybrid PFD's in association with this SNPRM. The Regulatory Evaluation, 
    in spite of its age, was found still viable. The information obtained 
    from the original study of inflatable lifejackets has not changed 
    significantly in light of a comparable two and a half year 
    investigation conducted by the Boat/U.S. Foundation for Boating Safety 
    completed in March 1993. The annual number of casualties and drownings 
    involving recreational boating accidents has not changed significantly 
    since these figures were gathered. Further, the Coast Guard is 
    proposing to improve the limited performance of devices already 
    approved under the current regulations by requiring new Type I, II, or 
    III hybrid devices to have increased inherent buoyancy. This Regulatory 
    Evaluation is available in the docket for inspection or copying at the 
    location indicated under addresses.
        The evaluation provides an explanation of the estimated costs of 
    these proposed regulations. There will no increase in costs to any 
    sector under these proposed changes since hybrid PFD's are only being 
    approved as an option to existing approved devices. The total approval 
    costs per design are expected to be approximately $12,000 for hybrid 
    inflatable PFD's. Costs to approve other types of PFD's are 
    approximately $6,000. The additional cost to approve hybrid PFD's could 
    easily be absorbed in the cost of the units produced. The cost increase 
    per device would be small considering the number of devices produced 
    under authorization of each approval certificate. The Coast Guard 
    anticipates that, within the first year after issuing the final rules, 
    one or two designs will be approved.
        Production inspection costs imposed by these regulations will be 
    approximately $1,000 for the largest size lot of inflatable lifejackets 
    permitted. This cost is similar to that incurred for other types of 
    approved PFD's.
        The retail cost, per device, is expected to be $80-$200 for hybrid 
    PFD's. Currently approved PFD's range in price from $7-$200. Type I 
    devices that could be replaced by hybrid PFD's have an average cost of 
    about $40.
        These regulations provide an alternative to users for whom limited 
    stowage space or other operational considerations make the carriage of 
    conventional inherently buoyant PFD's impractical or inadvisable. For 
    these users, the optional carriage of hybrid PFD's will meet their 
    specific operational needs and will therefore justify the higher cost 
    relative to inherently buoyant PFD's.
        These regulations will have little or no effect on federal, state, 
    or local governments except in their capacities as consumers of PFD's. 
    Coast Guard steps to implement these proposed changes will be done 
    within the scope of ongoing marine safety activities, and there will be 
    no need for additional federal budget commitments.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
    Coast Guard must consider whether this proposal will have a significant 
    economic impact on a substantial number of small entities. ``Small 
    entities'' include independently owned and operated small businesses 
    that are not dominant in their field and that otherwise qualify as 
    ``small business concerns'' under section 3 of the Small Business Act 
    (15 U.S.C. 632).
        Based upon the information in the evaluation this proposal, if 
    adopted, would not have a significant economic impact on a substantial 
    number of small entities. If you feel that your business qualifies as a 
    small entity and would suffer significant, negative economic impact, 
    please submit a comment explaining why your business qualifies as a 
    small entity and to what degree the proposed regulations would 
    economically affect your business. Cost data submitted will be 
    thoroughly evaluated before publication of the final rule.
    
    Collection of Information
    
        Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
    Office of Management and Budget (OMB) reviews each proposed rule which 
    contains a collection of information requirement to determine whether 
    the practical value of the information is worth the burden imposed by 
    its collection. Collection of information requirements include 
    reporting, recordkeeping, notification, and other similar requirements.
        This proposal requires separate PFD manuals for each hybrid PFD 
    Type which may increase paperwork burdens. However, the Coast Guard has 
    determined that this additional load will be balanced be decreasing the 
    frequency of currently approved collection of information requirements. 
    The current requirements will be reduced by decreasing the number of 
    required inspections and tests.
    
    Federalism
    
        The Coast Guard has analyzed this proposal in accordance with the 
    principles and criteria contained in Executive Order 12612 and has 
    determined that this proposal does not have sufficient federalism 
    implications to warrant the preparation of a Federalism Assessment. 
    This supplemental notice of proposed rulemaking revises established 
    safety standards for hybrid inflatable personal flotation devices 
    (PFD). The authority to regulate concerning PFD's is committed to the 
    Coast Guard by statute. Furthermore, since PFD's are manufactured and 
    used in the national marketplace, safety standards for PFD's should be 
    of national scope to avoid unreasonably burdensome variances. 
    Therefore, if this rule becomes final, the Coast Guard intends it to 
    preempt State action addressing the same subject matter.
    
    Environment
    
        The Coast Guard considered the environmental impact of this 
    proposal and concluded that under section 2.B.2. of Commandant 
    Instruction M16475.1B, this proposal is categorically excluded from 
    further environmental documentation. These proposed rules are expected 
    to have no significant effect on the environment. A Categorical 
    Exclusion Determination statement has been prepared and has been placed 
    in the rulemaking docket.
    
    List of Subjects
    
    46 CFR Part 25
    
        Fire prevention, Marine safety, Reporting, and Recordkeeping 
    requirements.
    
    46 CFR Part 160
    
        Marine safety, Reporting and recordkeeping requirements.
    
        In consideration of the foregoing, the Coast Guard proposes to 
    amend parts 25 and 160 of title 46 of the Code of Federal Regulations 
    as follows:
    
    PART 25--REQUIREMENTS
    
        1. The authority citation for part 25 is revised to read as 
    follows:
    
        Authority: 33 U.S.C. 1903(b), 46 U.S.C. 3306, and 4302; 49 CFR 
    1.46.
    
    Subpart 25.25--Life Preservers and Other Lifesaving Equipment
    
        2. In Sec. 25.25-5, paragraph (f) is revised to read as follows:
    
    
    Sec. 25.25-5  Life preservers and other lifesaving equipment required.
    
    * * * * *
        (f) On each vessel, regardless of length and regardless of whether 
    carrying passengers for hire, an approved commercial hybrid PFD may be 
    substituted for a life preserver, buoyant vest, or marine buoyant 
    device required under paragraphs (b) or (c) of this section. Each 
    hybrid PFD is accepted as meeting the requirements in paragraphs (b) or 
    (c) of this section only if it is--
        (1) Used in accordance with the conditions marketed on the PFD and 
    in the owner's manual; and
        (2) Labeled for use on commercial vessels; and
        (3) In the case of a Type V commercial hybrid PFD, worn when the 
    vessel is underway and the intended wearer is not within an enclosed 
    space.
    
    PART 160--LIFESAVING EQUIPMENT
    
        3. The authority citation for part 160 is revised to read as 
    follows:
    
        Authority: 46 U.S.C. 3306, 3703, and 4302; E.O. 12234, 45 FR 
    58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
    
    Subpart 160.077--Hybrid Inflatable Personal Flotation Devices
    
        4. in Sec. 160.077-1, paragraphs (b), (c), introductory text, and 
    (d) are revised to read as follows:
    
    
    Sec. 160.077-1  Scope.
    
    * * * * *
        (b) Other regulations in this chapter and in 33 CFR part 175 allow 
    certain commercial vessels and recreational boats to carry Type I, II, 
    or III hybrid PFD's to meet the carriage requirements. Type V hybrid 
    PFD's may be substituted for other required PFD's if they are worn 
    under conditions prescribed in their manual as required by 
    Sec. 160.077-29 and on their marking as prescribed in Sec. 160.077-31. 
    For recreational boats or boaters involved in a special activity, 
    hybrid PFD approval may also be limited to that activity.
        (c) Unless approved as a Type I SOLAS Life Jacket, a hybrid PFD on 
    an inspected commercial vessel will be approved only--
    * * * * *
        (d) A hybrid PFD will be approved for adults, weighing over 40 kg 
    (90 lb); youths, weighing 23-40 kg (50-90 lb); small children, weighing 
    14-23 kg (30-50 lb); or for the size range of persons for which the 
    design has been tested, as indicated on the PFD's label.
    * * * * *
        5. Section 160.077-3 is redesignated Sec. 160.077-2, and in newly 
    redesignated Sec. 160.077-2, paragraphs (a), (h) and (j) are revised, 
    and paragraph (l) is added to read as follows.
    
    
    Sec. 160.077-2  Definitions
    
    * * * * *
        (a) Commandant means the Chief of the Survival Systems Branch, U.S. 
    Coast Guard, Office of Merchant Marine Safety. Address: Commandant (G-
    MVI-3/14), U.S. Coast Guard Headquarters, 2100 Second Street SW, 
    Washington, DC 20593-0001.
    * * * * *
        (h) Recreational hybrid PFD means a hybrid PFD approved for use on 
    a recreational boat as defined in 33 CFR 175.3.
    * * * * *
        (j) Reference vest means a model AK-1, adult PFD, model CKM-1, 
    child medium PFD; or model CKS-2, child small PFD, meeting requirements 
    of subpart 160.047 of this chapter, except that, in lieu of the weight 
    and displacement values prescribed in Tables 160.047-4(c)(2) and 
    Sec. 160.047-4(c)(4), each front insert must have the minimum weight of 
    kapok as shown in Table 160.077-2(j). To achieve the specified volume 
    displacement, front insert pad covering may be larger than the 
    dimensions prescribed by Sec. 160.047-1(b) and the width of the 
    envelope may be increased to a circumference \1/4\'' larger than the 
    filled insert pad circumference.
    
                    Table 160.077-2(j).--Reference Vest Minimum Kapok Weight and Volume Displacement                
                                    [Devices for adults, weighing over 40 kg (90 lb)]                               
    ----------------------------------------------------------------------------------------------------------------
                                                           Front insert (2 each)                Back insert         
                                                     ---------------------------------------------------------------
                   Reference PFD type                                     Volume                          Volume    
                                                       Minimum kapok   displacement    Minimum kapok   displacement 
                                                      weight g (oz)    values N (lb)   weight g (oz)   values N (lb)
    ----------------------------------------------------------------------------------------------------------------
    Type I * & V....................................             319  54                                
                                                                                   1             213  36
                                                                                                                   1
        Commercial..................................         (11.25)  12.2                                
                                                                                   1             156  27
                                                                                                                   1
        V Recreational..............................          (8.25)  (9.0                                
                                                                                   1             128  22
                                                                                                                   1
                                                              (6.75)  (7.250.25)
    Type II, III,...................................             156  27                                
                                                                                   1             113  18
                                                                                                                   1
        and V*......................................           (5.5)  (6.0                                
                                                                                   1             113  18
                                                                                                                   1
                                                               (5.5)  (6                                
                                                                               0.25)           (4.0)  (4.0                                
                                                                                   1              85  14.5

Document Information

Published:
01/18/1994
Department:
Coast Guard
Entry Type:
Uncategorized Document
Action:
Supplemental notice of proposed rulemaking.
Document Number:
94-1135
Dates:
Comments must be received on or before April 18, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: January 18, 1994, CGD 78-174
RINs:
2115-AA29
CFR: (22)
46 CFR 160.047-4(c)(4)
46 CFR 160.047-4(c)(4)
46 CFR 25.25-5
46 CFR 160.077-1
46 CFR 160.077-2
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