[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