95-433. Hybrid PFDs; Establishment of Approval Requirements  

  • [Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
    [Rules and Regulations]
    [Pages 2482-2492]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-433]
    
    
    
    
    [[Page 2481]]
    
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    Part VI
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Coast Guard
    
    
    
    _______________________________________________________________________
    
    
    
    46 CFR Part 25 and 160
    
    
    
    Hybrid Inflatable Personal Flotation Devices; Establishment of Approval 
    Requirements; Final Rule
    
    Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules 
    and Regulations 
    [[Page 2482]]
    
    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    46 CFR Parts 25 and 160
    
    [CGD 78-174]
    RIN 2116-AA29
    
    
    Hybrid PFDs; Establishment of Approval Requirements
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This final rule amends the structural and performance 
    standards and procedures for approval of hybrid inflatable personal 
    flotation devices (hybrid PFDs). Hybrid PFDs are designed to have a 
    minimum amount of inherent flotation to ensure that a wearer will 
    surface after falling in the water and to have a mechanism to inflate 
    the PFD to provide additional buoyancy, and thereby greater clearance 
    from the water, while a wearer awaits rescue. This rule also allows for 
    approval of hybrid PFDs for youths and small children. The changes are 
    intended to make hybrid PFDs more affordable and attractive to 
    recreational boaters by lowering production costs and reducing required 
    production testing. It is the Coast Guard's position that increased use 
    of hybrid PFDs may save lives.
    
    EFFECTIVE DATE: February 8, 1995.
    
    ADDRESSES: Unless otherwise indicated, documents referred to in this 
    preamble are available for inspection or copying at the office of the 
    Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
    Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
    20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
    Federal holidays. The telephone number is (202) 267-1477.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Samuel E. Wehr, Office of Marine 
    Safety, Security, and Environmental Protection, (G-MVI-3/14), 2100 
    Second St. SW., Washington, DC 20593-0001, (202) 267-1444.
    
    SUPPLEMENTARY INFORMATION:
    
    Drafting Information
    
        The principal persons involved in drafting this document are 
    Lieutenant Junior Grade Roger A. Smith and Mr. Samuel E. Wehr, Office 
    of Marine Safety, Security, and Environmental Protection and Ms. Helen 
    G. Boutrous, Project Counsel, Office of Chief Counsel.
    
    Regulatory History
    
        On January 18, 1994, the Coast Guard published a supplemental 
    notice of proposed rulemaking (SNPRM) entitled Hybrid PFDs; 
    Establishment of Approval Requirements in the Federal Register (59 FR 
    2578). On February 16, 1994, the Coast Guard published a correction to 
    the supplemental notice of proposed rulemaking in the Federal Register 
    (59 FR 7668). The Coast Guard received three letters commenting on the 
    SNPRM. No public hearing was requested, and none was held.
    
    Background and Purpose
    
        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). That IFR allowed 
    for the approval of several hybrid PFDs 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. On January 
    18, 1994, the Coast Guard published a supplemental notice of proposed 
    rulemaking (SNPRM) in the Federal Register (59 FR 2575) proposing 
    changes to make hybrid PFDs more affordable and a procedure for the 
    approval of hybrid PFDs for youths and small children. This final rule 
    adopts those proposed changes. The provisions adopted by this rule 
    will: Lower production costs by reducing the amount of repetitive 
    testing required; reduce manufacturing costs for commercial devices by 
    providing for single chamber construction; and increase buoyancy of 
    hybrid PFDs. With these revisions, the Coast Guard intends to increase 
    use of hybrid PFDs to potentially save more lives.
    
    Discussion of Comments and Changes
    
        The three letters commenting on the SNPRM were received from an 
    interested individual, a PFD manufacturer, and Underwriters 
    Laboratories, Inc. (UL). The individual that commented encouraged 
    approval of hybrid PFDs for use by adults and children. The letter 
    stated that a more comfortable and attractive flotation device will be 
    worn more often than the current bulky, but effective, PFD Types and 
    that this increase in use can only be beneficial to the boating public 
    in creating a safer boating environment. The Coast Guard agrees with 
    this comment. The other two comments raised many issues regarding the 
    approval of hybrid PFDs. These issues are discussed below.
    
    Manufacturer's Comments
    
        1. The PFD manufacturer confirmed that sales of hybrid PFDs have 
    been limited due to their relatively high cost and the requirement that 
    they be worn to fulfill carriage requirements. The PFD manufacturer 
    asserted that the value of hybrids will be further eroded by the 
    anticipated approval of fully inflatable PFDs, particularly if 
    inflatable products are not required to be worn to fulfill carriage 
    requirements.
        The Coast Guard agrees in part. The use of hybrid PFDs has been 
    limited due to high prices as a result of high production costs, and 
    the requirement that they be worn to fulfill carriage requirements. The 
    intent of the revisions adopted by this final rule is to make hybrid 
    PFDs a more viable option by reducing production costs and removing the 
    requirement that hybrid PFDs be worn and marked ``REQUIRED TO BE WORN'' 
    to satisfy carriage requirements. However, the Coast Guard does not 
    agree that future approval of inflatable PFDs would necessarily erode 
    the value and use of hybrid PFDs. Inflatable PFDs are not proposed to 
    be approved for children in the near future and a totally inflatable 
    device may cost much more than an equivalent type of hybrid PFD. 
    Therefore, it is the Coast Guard's position that there will be a market 
    for hybrid PFDs despite any possible future action to approve 
    inflatable PFDs.
        2. The PFD manufacturer asserted that the proposal to increase the 
    inherent buoyancy minimum from 33 N to 40 N (7.5 lb to 9.0 lb), for an 
    adult recreational hybrid device would be counter to the purpose for 
    which these devices are purchased, which is to have PFDs that are less 
    bulky than inherently buoyant products. However, the minimum inherent 
    buoyancy for an adult recreational Type II hybrid PFD, as proposed in 
    the SNPRM and adopted without change by this final rule, is 45 N (10 
    lb), rather than 40 N (9 lb) as stated by the comment. The lowest 
    buoyancy of a non-hybrid, adult device is 70 N (15.5 lb).
        This final rule allows for the carriage of Type I, II, and III 
    hybrid PFDs without restriction. The increased buoyancies for adult and 
    youth Type I PFDs and adult, youth, and small child Type II and III 
    recreational hybrid PFDs are based on the minimum level of safety 
    required when boaters are not alerted to special precautions to 
    compensate for reduced inherent flotation. This issue is discussed 
    further in paragraph number 4.
        While the increase from 33 N to 45 N may not be desirable to some 
    boaters the [[Page 2483]] Coast Guard is not increasing the amount of 
    buoyancy for adult recreational hybrid Type V PFDs. Thus the presently 
    approved recreational hybrid PFDs with a minimum buoyancy of 33 N (7.5 
    lb) will still be an available option. Under this rulemaking, these 
    devices can maintain their 33 N minimum inherent buoyancy and remain 
    approved as Type V--``REQUIRED TO BE WORN.''
        3. The PFD manufacturer also asserted that one of the currently 
    approved hybrid devices has proven to be a reliable lifesaving device, 
    and that therefore, the currently approved device should be acceptable 
    as a Type II hybrid. In addition, the device should no longer be 
    ``REQUIRED TO BE WORN.''
        The Coast Guard does not object to reclassifying an approved 
    device's Type. However, limited retesting must be conducted to 
    demonstrate that all of the necessary criteria have been met. To 
    qualify for limited testing, the minimum deflated and inflated 
    buoyancies must meet those given in Table Sec. 160.077-15(b)(13) and 
    buoyancy distribution must remain the same as when the device was 
    originally tested.
    
    UL's Comments
    
        4. UL asserted that the Coast Guard NPRM justified its proposal to 
    increase the buoyancy standards by stating that the proposed standard 
    would be closer to the buoyancy requirements of the International 
    Standards Organization (ISO). UL then stated that the proposed Coast 
    Guard standard is nearly twice as stringent as the ISO standards which 
    UL cited as 50 N (11.1 lb) of buoyancy for inherently buoyant, fully 
    inflatable, and inflated hybrid PFDs.
        Although there are no ISO standards at present, the European 
    Committee for Standardization (CEN) standards have been proposed for 
    ISO discussion. The Coast Guard assumes the comment refers to the CEN 
    standards. The CEN standards are for voluntary carriage and use, and 
    are intended for selective use according to local conditions. The CEN 
    standards assume that an inflatable PFD and the inflatable portion of a 
    hybrid PFD will work. However, a study by Boat/U.S. Foundation for 
    Boating Safety, a non-profit organization for boating safety, education 
    and research, demonstrates that there is a nearly 20% failure rate on 
    inflatable PFDs due to boaters not rearming the inflation mechanisms or 
    the malfunctioning of the inflation mechanisms. A copy of this study is 
    available in the rulemaking docket. Under this final rule, Type I, II, 
    and III hybrid PFDs may be carried to meet PFD carriage requirements 
    without restriction. To ensure a sufficient level of safety without 
    including a carriage restriction, the required level of inherent 
    buoyancy is based on the performance provided by the PFD if the 
    inflatable portion of the PFD were to fail or if the user is not able 
    to inflate the PFD. The Coast Guard selected the minimum buoyancy that 
    would provide the safety necessary for authorizing unrestricted use of 
    hybrid PFDs, while maintaining the attractiveness of hybrid PFDs that 
    the Coast Guard hopes will lead to wider PFD use.
        5. UL stated that it would be impossible to make the insert pad 
    covers for the reference vests to meet the requirements of 
    Sec. 160.077-2(j) without adversely affecting the performance or 
    comfort of the devices and that the revisions do not allow for changes 
    in the collar buoyant inserts or fabric patterns.
        The Coast Guard agrees that changes are needed regarding the collar 
    buoyant inserts and back/collar fabric envelope. Accordingly, the final 
    rule is revised to allow the collar inserts and fabric envelopes to be 
    enlarged to accommodate the required youth and child-size device 
    buoyancies. In Sec. 160.077-2(j), the SNPRM proposed to require higher 
    kapok weights and displacements than prescribed by existing 
    Sec. 160.047-1(b) for both front and back inserts. It also proposed to 
    allow the front pad insert coverings to be larger than the dimensions 
    prescribed by existing Sec. 160.047-1(b). Allowances for outer fabric 
    envelope changes to make the fronts larger also were addressed in the 
    SNPRM. Although it proposed to require higher back volume 
    displacements, the SNPRM neglected to allow a commensurately larger 
    back outer fabric envelope specification to allow for an increased back 
    insert pad size. Accordingly, this final rule adopts changes to both 
    the front and back fabric envelope requirements to correct this error.
        The Coast Guard has in fact constructed vests meeting the 
    requirements in this rule using inserts meeting the kapok weight and 
    volume displacement values given in Sec. 160.077-2(j). During 
    performance tests conducted at UL, using these prototype reference 
    vests made with envelopes modified as allowed in Sec. 160.077-2(j) of 
    this rule, superior results were obtained compared to existing standard 
    designs. In these tests, foam inserts of the same general shape were 
    tested with similar results, and therefore this final rule adopts a 
    modification to Sec. 160.077-2(j) from that proposed in the SNPRM to 
    permit foam inserts as an option to kapok inserts.
        6. UL also indicates that there are some inconsistencies between 
    the buoyancies of the new small child reference vests compared to the 
    existing standard child life preserver design.
        The Coast Guard acknowledges the difference between the required 
    buoyancy of the small child reference vest and the standard child life 
    preserver and has determined that these differences are unavoidable. Of 
    the four new reference vests adopted, three have equal or greater 
    buoyancy than those presently required. Only the new small child, Type 
    I reference vest has less buoyancy. The Coast Guard has recognized that 
    the smaller size and disproportionate anatomy of the intended users 
    results in marginal performance of the existing subpart 160.002 vest on 
    small children. Even though its overall buoyancy is less, tests have 
    demonstrated that, as a result of its distribution, the new reference 
    vest is far superior to the subpart 160.002 vest.
        To obtain buoyancy distributions similar to the requirements of 
    Sec. 160.47-4(c)(2) for youths, and the reference vests for the small 
    child-size PFDs, this final rule adopts modifications to the 
    displacements (buoyancies) proposed in Table 160.077-2(j) by the SNPRM. 
    The changes in the front and back insert displacements result in a 
    total displacement decrease for the small child Type II reference vest 
    of 1 N (.25 lb) and an increase for both youth-size devices of 4.5 N (1 
    lb) total.
        7. UL also suggested that existing reference vests constructed 
    directly in accordance with published Coast Guard regulations should be 
    used rather than inventing new, unproven designs as proposed in the 
    SNPRM. UL supports its suggestion by noting that the proposed new 
    reference vests have not been manufactured and consequently have not 
    been subjected to preliminary tests to determine if they provide the 
    level of performance warranted for hybrid PFDs.
        The Coast Guard's objective in approving hybrid PFDs with increased 
    buoyancy is to provide boaters with the option of choosing PFDs that 
    perform at an enhanced level. While the performance provided by 
    existing child-size vests described in subparts 160.002 and 160.047-
    4(c)(2) is adequate, they do not perform to the enhanced level of 
    inflated hybrid PFDs described by this final rule.
        As discussed above in paragraph 5, using these prototype reference 
    vests, made with envelopes modified as allowed in Sec. 160.077-2(j) of 
    this rule, superior results were obtained during performance tests 
    conducted at UL. [[Page 2484]] 
        8. In addition, UL suggested that the Coast Guard abandon the use 
    of reference vests and establish performance based requirements for all 
    the Types and sizes of PFDs.
        Except for the very highest performing PFDs (Type I PFDs) this 
    suggestion would require that the characteristics of the test subjects 
    be more precisely controlled, so that one design is not subjected to a 
    less rigorous test than another because of an ``easier'' subject pool. 
    When the necessary subject specifications are developed or a suitable 
    manikin and analytical methods available, the Coast Guard will consider 
    revising the regulations to either allow direct performance testing as 
    an alternative or as the sole means of approval testing for these 
    devices.
        However, as a result of this comment, the Coast Guard is 
    eliminating the new adult Type I reference vest. Compared to lower 
    performing devices, testing for Type I PFD performance is not as 
    dependent on the characteristics of the subject pool. Where all 
    subjects are required to be turned face up, as with Type I PFDs, test 
    subject differences from one test to another have made little 
    difference in performance. Therefore, the Coast Guard has determined 
    that it is appropriate to eliminate the new adult Type I reference 
    vest. This issue is discussed further in paragraph 12.
        9. Alternatively, UL suggested selecting a single reference vest 
    (for each size), such as the Type I specified by subpart 160.002 and 
    establishing a reduced level of requirements in comparison to it for 
    Type II, III or V performance. It was suggested that adoption of this 
    recommendation would make it easier to approve candidate devices which 
    fell short of the criteria for one type but met the criteria of the 
    next lower type. For example, if a candidate device fails the Type I 
    criteria during testing, but meets the Type II criteria, it could be 
    rated a Type II device without further testing.
        The Coast Guard disagrees with this recommendation based on the 
    lack of a suitable, existing reference vest for either the youth or 
    child small sizes as demonstrated by the test results discussed above 
    in paragraph 5.
        10. UL also suggested eliminating Youth Type I Hybrids, asserting 
    that manufacturers would not go through the expense of producing a 
    hybrid that is required to have the same amount of inherent buoyancy as 
    a child size Type I currently approved under subpart 160.055.
        The Coast Guard does not adopt this suggestion. Although there may 
    not be a demand for hybrids at this time, it is foreseeable that future 
    markets may demand such performance for youth devices when adult 
    inflatable devices, with equivalent performance, come into wide use. 
    These regulations will provide specifications for future markets.
        11. UL asserted that details of the testing procedures for youth 
    and small child size devices were missing from the regulations.
        In this final rule, the Coast Guard incorporates UL standard 1517, 
    which provides testing procedures for adult devices, by reference, and 
    adds provisions in Sec. 160.077-21(c) which allow for the testing 
    procedures of UL standard 1517 to be used for youth and small child 
    size devices. The procedures require that each candidate device and the 
    appropriate size reference vest be tested using the same procedures as 
    an adult candidate device and reference vest to ensure that the 
    candidate provides as good or better performance than the reference. As 
    a result of the possible confusion noted by the comment, Sec. 160.077-
    21(c)(1), (2), (4)(i), and (4)(ii) are revised and Sec. 160.077-
    21(c)(5) is added to clarify that the test procedure of UL 1517 is to 
    be performed using the reference vests specified by this rule.
        12. UL recommended the elimination of the recreational Type I 
    category, noting that the only difference between the proposed 
    recreational and commercial Type I Hybrid PFDs is body strength.
        The Coast Guard agrees with this comment. In the SNPRM, the 
    required body strength for recreational Type I Hybrid PFDs was 2,000 N 
    (450 lb) as opposed to 3,200 N (720 lb) for commercial Type I hybrid 
    PFDs. The final rule eliminates the recreational Type I category and 
    allows for the use of one body strap of 3,200 N or two body straps of 
    2,000 N on a commercial Type I hybrid PFD whether the PFD is used for 
    recreational or commercial purposes.
        With the elimination of the recreational Type I category and the 
    Type I reference vest as discussed in paragraph 8, the Coast Guard had 
    to determine appropriate performance requirements for Type I hybrid 
    PFDs. The Coast Guard determined that application of the more stringent 
    requirements in Sec. 160.176-13(d) (2) through (5) for Type I in-water 
    performance is appropriate for adult Type I devices. This final rule 
    does not change the in-water performance requirements from those 
    proposed in the SNPRM for youth and small child-size devices. However, 
    as discussed in paragraph 11, revisions were made to clarify the 
    testing procedures.
        In order to implement these changes, conforming revisions have been 
    made as discussed below. As a result of eliminating the Recreational 
    Type I hybrid PFD, the proposed regulatory text at Sec. 160.077-
    15(b)(13) is deleted and proposed Sec. 160.077-15(b)(14) and (15) are 
    renumbered accordingly. A new Sec. 160.077-17(b)(9) is added to ensure 
    that the body strap(s) on Type I hybrid PFDs meet minimum strength 
    requirements. Proposed Sec. 160.077-17(b)(9) and (10) are renumbered 
    accordingly. Section 160.077-21(c)(4) is revised to specify the test 
    procedures for adult-size Type I and V hybrid PFDs and Sec. 160.077-
    21(c)(5) is added to specify test procedures for the youth and child-
    size hybrid PFDs, using the reference vests adopted in this rule. 
    Sections Sec. 160.077-29(b) and (f)(2) are revised to require that Type 
    I PFDs intended for recreational use meet the requirements of 
    Sec. 160.077-29(c). The statement ``A pamphlet and owner's manual must 
    be provided with this PFD'' is added to the text of Sec. 160.077-31(d). 
    Section 160.077-31(j)(1) is revised to show that a commercial hybrid 
    Type I PFD can be used on all recreational boats, as well as 
    uninspected commercial vessels to meet carriage requirements. The 
    following sections are revised to remove references to Type I 
    recreational PFDs: Tables 160.077-2(j) and redesignated Table 160.077-
    15(b)(13), Section 160.077-15(a)(2)(ii), Sec. 160.077-27(e), 
    Sec. 160.077-29(b), (c), (e) and (f)(2), and Sec. 160.077-31(c). 
    Section 160.077-21(d)(3)(i) is changed to indicate that all Type I 
    adult hybrid PFDs must provide 100 mm (4 inches) of freeboard. Section 
    160.077-13, Sec. 160.077-17, Table 160.077-17(b)(10), Sec. 160.077-21, 
    and Sec. 160.077-31(d) and (k) are modified to include Type I PFDs 
    intended for recreational use.
        In making these revisions, the Coast Guard noted that the SNPRM 
    inadvertently applied the Inflated Flotation Stability Tests in UL 
    1517, section S8 to Type I devices. This final rule clarifies that the 
    tests apply to commercial Type V devices only.
        13. UL stated that the final rule should not be adopted because the 
    Flotation Stability Tests from UL 1517 have not yet been proposed.
        The SNPRM proposed adopting changes made by UL to UL 1517 if those 
    changes were made in a timely manner. These changes have not yet been 
    made. The Coast Guard has elected to go forward with the final rule. As 
    discussed in paragraph 11, the Coast Guard has adopted a provision 
    which utilizes the Type II and III Flotation Stability Tests in UL 
    1517, section 15 [[Page 2485]] with procedures to be followed when 
    conducting the test with children. As discussed in paragraph number 12 
    above, for commercial Type I Hybrid PFDs, the Inflated Flotation 
    Stability Tests in UL 1517, section S8, are no longer required.
        14. Finally, UL suggested that Sec. 160.077-31 be revised to 
    reflect the requirements proposed in UL's bulletin dated October 7, 
    1994, regarding standardized PFD labels. The Coast Guard agrees with 
    this suggestion and has revised the label text to more closely resemble 
    the label criteria proposed by UL.
    
    Editorial and Clarifying Changes
    
        Sections 160.077-19(b)(6)(i), 160.077-27(e)(3) and (f)(2) under the 
    text describing a Type V hybrid, 160.077-27(f)(3), and 160.077-
    29(c)(10) are revised to reflect the redesignation of Table 160.077-
    15(b)(13). Other sections were revised to add detail or clarification. 
    The terminology in the required pamphlet text of Sec. 160.077-27 is 
    simplified. Also, Sec. 160.077-27 is shortened by combining paragraphs 
    (e) and (f) which contained the same pamphlet text.
    
    Regulatory Evaluation
    
        This final rule is not a significant regulatory action under 
    section 3(f) of Executive Order 12866 and does not require an 
    assessment of costs and benefits under section 6(a)(3) of that order. 
    It has not been reviewed by the Office of Management and Budget under 
    that order. It is not significant under the regulatory policies and 
    procedures of the Department of Transportation (DOT) (44 FR 11040, 
    February 26, 1979). 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 PFDs in association with the SNPRM for this rule. The regulatory 
    evaluation, despite the lapse of time, is still accurate.
        The total approval costs per design are expected to be 
    approximately $12,000 for hybrid inflatable PFDs. Costs to approve 
    other types of PFDs are approximately $6,000. The additional cost to 
    approve hybrid PFDs 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 this final rule, 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 PFDs 
    permitted. This cost is similar to that incurred for other types of 
    approved PFDs.
        The retail cost, per device, is expected to be $80-$200 for hybrid 
    PFDs. Currently approved PFDs range in price from $7-$200. Type I 
    devices that could be replaced by hybrid PFDs have an average cost of 
    about $40.
    
    Small Entities
    
        There were no comments on this section. Hybrid PFDs are approved as 
    an option to existing approved devices. This final rule will result in 
    no increased costs. Therefore, the Coast Guard certifies under section 
    605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
    this rule will not have a significant economic impact on a substantial 
    number of small entities.
    
    Collection of Information
    
        This rule contains collection-of-information requirements. The 
    Coast Guard has submitted the requirements to the Office of Management 
    and Budget (OMB) for review under section 3504(h) of the Paperwork 
    Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
    section numbers and the corresponding OMB approval numbers are:
    
    ------------------------------------------------------------------------
                                                                 OMB control
                       Paperwork requirements                        No.    
    ------------------------------------------------------------------------
    a. Sec. 160.077-6..........................................    2115-0141
    b. Sec. 160.077-7..........................................    2115-0141
    c. Sec. 160.077-11.........................................    2115-0141
    d. Sec. 160.077-25.........................................    2115-0141
    f. Sec. 160.077-29.........................................    2115-0576
    g. Sec. 160.077-31.........................................    2115-0577
    ------------------------------------------------------------------------
    
    Federalism
    
        The Coast Guard has analyzed this final rule in accordance with the 
    principles and criteria contained in Executive Order 12612 and has 
    determined that this final rule does not have sufficient federalism 
    implications to warrant the preparation of a Federalism Assessment. 
    This rulemaking revises established safety standards for hybrid 
    inflatable personal flotation devices (PFDs). The authority to 
    establish regulations for PFDs is committed to the Coast Guard by 
    statute. Furthermore, since PFDs are manufactured and used in the 
    national marketplace, safety standards for PFDs should be of national 
    scope to avoid unreasonably burdensome variances. Therefore, the Coast 
    Guard intends this final rule to preempt State action addressing the 
    same subject matter. There were no comments on this section.
    
    Environment
    
        The Coast Guard considered the environmental impact of this final 
    rule and concluded that under section 2.B.2. of Commandant Instruction 
    M16475.1B, this final rule is categorically excluded from further 
    environmental documentation. This final rule is 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. There were no comments on this section.
    
    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.
    
        For the reasons set out in the preamble, the Coast Guard amends 46 
    CFR parts 25 and 160 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 if it is--
        (1) Used in accordance with the conditions marked on the PFD and in 
    the owner's manual;
        (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:
    
    
    [[Page 2486]]
    
        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) Under this chapter and 33 CFR part 175, certain commercial 
    vessels and recreational boats may carry Type I, II, or III hybrid PFDs 
    to meet carriage requirements. Type V hybrid PFDs may be substituted 
    for other required PFDs 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 Lifejacket, a hybrid PFD on 
    an inspected commercial vessel will be approved only--
    * * * * *
        (d) A hybrid PFD may 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 as 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 Marine Safety, Security and Environmental 
    Protection. 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 the 
    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 160.047-4(c)(4), each insert must have the minimum weight 
    of kapok and displacement as shown in Table 160.077-2(j). To achieve 
    the specified volume displacement, front and back insert pad coverings 
    may be larger than the dimensions prescribed by Sec. 160.047-1(b) and 
    the width of the front fabric envelope and height of the back fabric 
    envelope may be increased to accommodate a circumference no greater 
    than 1/4'' larger than the filled insert circumference. As an 
    alternative, unicellular plastic foam inserts of the specified 
    displacement and of an equivalent shape, as accepted by the Commandant, 
    may be substituted for kapok inserts.
    
                                        Table 160.077-2(j).--Reference Vest Minimum Kapok Weight and Volume Displacement                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Front insert (2 each)                                Back insert                
                                                             -----------------------------------------------------------------------------------------------
                       Reference PFD type                        Minimum kapok                                     Minimum kapok      Volume displacement N 
                                                                 weight g (oz)     Volume displacement N (lb)      weight g (oz)              (lb)          
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Devices for adults, weight over 40 kg (90 lb):                                                                                                          
        Type II, III, and V Recreational....................  234 (8.25)........  401 (9.01         
                                                                                   minus>0.25)                                       (6.00.25)  
    Devices for youths, weighing 23-40 kg (50-90 lb):                                                                                                       
        Type I..............................................  184 (6.5).........  311 (7.01         
                                                                                   minus>0.25)                                       (6.50.25)  
        Type II, III, and V\1\..............................  156 (5.5).........  261 (5.751         
                                                                                   minus>0.25)                                       (5.50.l25) 
    Devices for small children, weighing 14-23 kg (30-50                                                                                                    
     lb):                                                                                                                                                   
        Type I..............................................  128 (4.5).........  211 (4.751         
                                                                                   minus>0.25)                                       (6.50.25)  
        Type II.............................................  100 (3.5).........  171 (3.751         
                                                                                   minus>0.25)                                       (5.00.25)  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\Both Recreational and Commercial.                                                                                                                    
    
    * * * * *
        (l) SOLAS lifejacket, in the case of a hybrid inflatable PFD, means 
    a PFD approved as meeting the requirements for lifejackets in the 1983 
    Amendments to the International Convention for the Safety of Life at 
    Sea, 1974 (SOLAS 74/83), in addition to the requirements of this 
    subpart.
        6. Section 160.077-5 is redesignated as Sec. 160.077-3 and in newly 
    redesignated Sec. 160.077-3 paragraphs (a), (c)(1), and (c)(2) are 
    revised to read as follows:
    
    
    Sec. 160.077-3  Required to be worn.
    
        (a) A Type V hybrid PFD may be used to meet the Coast Guard PFD 
    carriage requirements of subpart 25.25 of this chapter, and 33 CFR part 
    175, only if the PFD is used in accordance with any requirements on the 
    approval label. PFDs marked ``REQUIRED TO BE WORN'' must be worn 
    whenever the vessel is underway and the intended wearer is not within 
    an enclosed space.
    * * * * *
        (c) * * *
        (1) Each Type V recreational hybrid PFD.
        (2) Each Type V commercial hybrid PFD.
        7. Section 160.077-7 is redesignated as Sec. 160.077-4 and is 
    revised to read as follows:
    
    
    Sec. 160.077-4  Type.
    
        (a) A hybrid PFD that successfully passes all applicable tests may 
    be approved as a Type I, II, III, or V for various size ranges of 
    persons weighing over 23 kg (50 lb), as Type I or II for persons 
    weighing 14-23 kg (30-50 lb) or as Type I or II for other sizes. A Type 
    V PFD has limitations on its approval.
        (b) The approval tests in this subpart require each Type V hybrid 
    PFD to have at least the same performance as a Type I, II, or III PFD 
    for adult and youth sizes or Type I or II PFD for child sizes.
        (c) A hybrid PFD may be approved for use on recreational boats, 
    commercial vessels or both if the applicable requirements are met.
    
    
    Sec. 160.077-9  [Redesignated]
    
        8. Section 160.077-9 is redesignated as Sec. 160.077-5.
        9. Section 160.077-11 is amended by revising paragraph (b)(1)(iii) 
    and the heading of paragraph (j) to read as follows: [[Page 2487]] 
    
    
    Sec. 160.077-11  Materials--Recreational Hybrid PFD.
    
    * * * * *
        (b) * * *
        (1) * * *
        (iii) UL 1191 and having a V factor of 89 except that foam with a 
    lower V factor may be used if it provides buoyancy which, after a 
    normal service life, is at least equal to that of a PFD made with 
    material having a V factor of 89 and the required minimum inherent 
    buoyancy when new; or
    * * * * *
        (j) Kapok pad covering. * * *
    * * * * *
        10. In Sec. 160.077-13, the heading is revised, and paragraph (d) 
    is removed to read as follows:
    
    
    Sec. 160.077-13  Materials--Type I and Commercial Hybrid PFD.
    
    * * * * *
        11. In Sec. 160.077-15, the heading is revised, paragraphs 
    (a)(2)(ii), (b)(3), (c)(2)(ii), and (d)(3) are revised; (b) (13) is 
    redesignated as (b)(14) and revised; and a new paragraph (b)(13) and 
    Table 160.077-15(b)(13) are added to read as follows:
    
    
    Sec. 160.077-15  Construction and Performance--Recreational Hybrid PFD.
    
    * * * * *
        (a) * * *
        (2) * * *
        (ii) If it is to be marked as Type II or Type V providing Type I or 
    II performance, not require second stage donning to achieve that 
    performance;
    * * * * *
        (b) * * *
        (3) Have at least one automatic inflation mechanism that inflates 
    at least one chamber, if marked as providing Type I or II performance;
    * * * * *
        (13) Provide the minimum buoyancies specified in Table 160.077-
    15(b)(13).
    
                             Table 160.077-15(b)(13).--Buoyancy for Recreational Hybrid PFDs                        
    ----------------------------------------------------------------------------------------------------------------
                                                  Adult                     Youth                  Small child      
    ----------------------------------------------------------------------------------------------------------------
    Inherent buoyancy (deflated                                                                                     
     condition):                                                                                                    
        Type II.......................  45 N (10 lb)............  40 N (9 lb).............  30 N (7 lb)             
        Type III......................  45 N (10 lb)............  40 N (9 lb).............  N/A                     
        Type V........................  33 N (7.5 lb)...........  34 N (7.5 lb)...........  N/A                     
    Total buoyancy (inflated                                                                                        
     condition):                                                                                                    
        Type II.......................  100 N (22 lb)...........  67 N (15 lb)............  53 N (12 lb)            
        Type III......................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
        Type V........................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
    ----------------------------------------------------------------------------------------------------------------
    
        (14) Meet any additional requirements that the Commandant may 
    prescribe, if necessary, to approve unique or novel designs.
        (c) * * *
        (2) * * *
        (ii) Not be capable of locking in the open or closed position 
    except that, a friction-fit dust cap that only locks in the closed 
    position may be used; and
    * * * * *
        (d) * * *
        (3) The deflation mechanism may be the oral inflation mechanism.
    * * * * *
        12. In Sec. 160.077-17, the heading and paragraph (b)(4) are 
    revised, and paragraphs (b)(8), (b)(9), (b)(10), (b)(11), and Table 
    160.077-17(b)(11) are added to read as follows:
    
    
    Sec. 160.077-17  Construction and Performance--Type I and Commercial 
    Hybrid PFD.
    
    * * * * *
        (b) * * *
        (4) Have at least one inflation chamber, except that a hybrid PFD 
    approved as a SOLAS lifejacket must have at least two inflation 
    chambers;
    * * * * *
        (8) If approved for adults, be universally sized as specified in 
    Sec. 160.077-15(b)(7).
        (9) Commercial hybrid PFDs employing closures with less than 1600 N 
    (360 lb) strength, must have at least two closures that meet UL 1517, 
    Section 22.1.
        (10) Each commercial hybrid PFD must have an attachment for a PFD 
    light securely fastened to the front shoulder area. The location should 
    be such that if the light is attached it will not damage or impair the 
    performance of the PFD.
        (11) In the deflated and the inflated condition, provide buoyancies 
    of at least the values in Table 160.077-17(b)(11).
    
                     Table 160.077-17(b)(11).--Minimum Buoyancy of Type I and Commercial Hybrid PFDs                
    ----------------------------------------------------------------------------------------------------------------
                                                  Adult                     Youth                  Small child      
    ----------------------------------------------------------------------------------------------------------------
    Inherent buoyancy (deflated                                                                                     
     condition):                                                                                                    
        Type I........................  70 N (15.5 lb)..........  50 N (11 lb)............  40 N (9 lb)             
        Type V........................  60 N (13 lb)............  34 N (7.5 lb)...........  N/A                     
    Total buoyancy (inflated                                                                                        
     condition):                                                                                                    
        Type I........................  130 N (30 lb)...........  80 N (18 lb)............  67 N (15 lb)            
        Type V........................  100 N (22 lb)...........  67 N (15 lb)............  N/A                     
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
        13. In Sec. 160.077-19, paragraphs (b)(3)(iii), (b)(6), and (e) are 
    revised to read as follows:
    
    
    Sec. 160.077-19  Approval Testing--Recreational Hybrid PFD.
    
    * * * * *
        (b) * * *
        (3) * * *
        (iii) Inflated flotation stability, UL 1517, section 15, for Type 
    II and Type III performance except comparisons are to be made to the 
    appropriate size and Type reference vest as defined in Sec. 160.077-
    2(j).
    * * * * *
        (6) Buoyancy, buoyancy distribution, and inflation medium retention 
    test, UL 1517, sections 18 and 19, except: [[Page 2488]] 
        (i) Recreational hybrid inflatables must provide minimum buoyancy 
    as specified in Table 160.077-15(b)(13):
        (ii) The buoyancy and volume displacement of kapok buoyant inserts 
    must be tested in accordance with the procedures prescribed in 
    Sec. 160.047-4(c)(4) and Sec. 160.047-5(e)(1) in lieu of the procedures 
    in UL 1517, section 18 and 19.
    * * * * *
        (e) The Commandant may prescribe additional tests, if necessary, to 
    approve unique or novel designs.
        14. In Sec. 160.077-21, the heading, paragraphs (c)(1), (c)(2), and 
    (c)(3), (c)(4)(i) and (c)(4)(ii), and (g) are revised and paragraphs 
    (c)(5) and (d)(3) are added to read as follows:
    
    
    Sec. 160.077-21  Approval Testing--Type I and Commercial Hybrid PFD.
    
    * * * * *
        (c) * * *
        (1) Jump test, UL 1517, section S6 for Adult size. Youth and Small 
    Child sizes are exempt from this test.
        (2) In-water removal, UL 1517, section S9 for Adult and Youth 
    sizes. The Small Child size is exempt from this test.
        (3) Buoyancy and inflation medium retention test, UL 1517, Section 
    S10, except the minimum buoyancies must be as specified in the Table 
    160.077-17(b)(11):
        (4) Flotation stability--adults.
        (i) Uninflated flotation stability, UL 1517, section S7, except 
    that for Type I devices the requirements of paragraph S7.1.A apply to 
    all subjects regardless of their in-water weight. For Type V adult-size 
    devices the requirements of paragraph S7.1.A apply to all adult 
    subjects having an in-water weight of 13 lb or less, and the 
    requirements of paragraph S.7.1.B apply to all other adult subjects.
        (ii) Righting action test, 46 CFR 160.176-13(d)(2) through (d)(5) 
    for Type I hybrid PFDs. UL 1517, Section S8, for Type V hybrid PFDs.
        (5) Flotation stability--youths and small children.
        (i) Uninflated flotation stability, UL 1517, section S7, except 
    that the requirements of paragraph S7.1.A apply to all subjects 
    regardless of their in-water weight.
    * * * * *
        (ii) Righting action test, UL 1517, Section 15.3 through 15.13, for 
    Youth and Small Child hybrid PFDs except comparisons are to be made to 
    the appropriate size and type reference vest as defined in 
    Sec. 160.077-2(j).
        (d) * * *
        (3) Each adult test subject must have a freeboard of at least:
        (i) 100 mm (4 inches) if the PFD being tested is to be approved as 
    a Type I hybrid PFD; or
        (ii) 120 mm (4.75 inches) if the PFD being tested is to be approved 
    as a SOLAS lifejacket.
    * * * * *
        (g) The Commandant may prescribe additional tests, if necessary, to 
    approve unique or novel designs.
    * * * * *
        15. In Sec. 160.077-23, paragraphs (a)(2), (b)(1)(i), (b)(2)(ii), 
    (b)(2)(iv), (d)(4), (g)(2), (g)(3)(iii), (h)(4), (h)(5), (j)(4)(iii), 
    (k)(1), (k)(2), and notes (2) and (3) to Table 160.077-23B are revised, 
    and paragraphs (b)(2)(v), (d)(5), and (g)(3)(x) are added to read as 
    follows:
    
    
    Sec. 160.077-23  Production tests and inspections.
    
        (a) * * *
        (2) The Commandant may prescribe additional production tests and 
    inspections if needed to maintain quality control and check for 
    compliance with the requirements of this subpart.
        (b) * * *
        (1) * * *
        (i) Perform all required tests and examinations on each PFD lot 
    before the independent laboratory inspector tests and inspects the lot, 
    except as provided in Sec. 160.077-23(d)(5);
    * * * * *
        (2) * * *
        (ii) Except as specified in paragraph (b)(2)(v) of this section, an 
    inspector must perform or supervise testing and inspection of at least 
    one PFD lot in each five lots produced.
        (iii) * * *
        (iv) Except as specified in paragraph (b)(2)(v) of this section, at 
    least once each calendar quarter, the inspector must, as a check on the 
    manufacturer's compliance with this section, examine the manufacturer's 
    records required by Sec. 160.077-25 and observe the manufacturer 
    perform each of the tests required by paragraph (h) of this section.
        (v) If less than six lots are produced during any calendar year, 
    only one lot inspection in accordance with paragraph (b)(2)(ii) of this 
    section, and one records examination and test performance observation 
    in accordance with paragraph (b)(2)(iv) of this section is required 
    during that year. Each lot tested and inspected must be within seven 
    lots of the previous lot inspected.
    * * * * *
        (d) * * *
        (4) The number of samples selected per lot must be at least the 
    number listed in Table 160.077-23A or Table 160.077-23B, as applicable, 
    except as allowed in paragraph (d)(5) of this section.
        (5) If the total production for any five consecutive lots does not 
    exceed 250 devices, the manufacturer's and inspector's tests can be run 
    on the same sample(s) at the same time.
    * * * * *
        Table 160.077-23B Inspector's Sampling
    * * * * *
        Notes to Table:
    * * * * *
        (2) This test may be omitted if the manufacturer has previously 
    conducted it and the inspector has conducted the test on a previous lot 
    within the past year.
        (3) One sample of each means of marking on each type of fabric or 
    finish used in PFD construction must be tested whenever a new lot of 
    materials is used or at least every six months regardless of whether a 
    new lot of materials was used within the past six months.
    * * * * *
        (g) * * *
        (2) Calibration. The manufacturer must have the calibration of all 
    test equipment checked at least annually by a weights and measures 
    agency or the equipment manufacturer, distributor, or dealer.
        (3) * * *
        (iii) A Scale that has sufficient capacity to weigh a submerged 
    sample basket. The scale must be sensitive to 14 g (0.5 oz) and must 
    not have an error exceeding 14 g (0.5 oz).
    * * * * *
        (x) Inflation chamber materials test equipment. If the required 
    tests in paragraph (h)(2) of this section are performed by the PFD 
    manufacturer, test equipment suitable for conducting Grab Breaking 
    Strength, Tear Strength, Permeability, and Seam Strength tests must be 
    available at the PFD manufacturer's facility.
    * * * * *
        (h) * * *
        (4) Over-pressure. Each sample must be tested according to and meet 
    UL 1517, section 28. Test samples may be prestressed by inflating them 
    to a greater pressure than the required test pressure prior to 
    initiating the test at the specified values.
        (5) Air Retention. Each sample must be tested according to and meet 
    UL 1517, section 36. Prior to initiating the test at the specified 
    values, test samples may be prestressed by inflating to a pressure 
    greater than the design pressure, but not exceeding 50 percent of the 
    required pressure for the tests in [[Page 2489]] paragraph (h)(4) of 
    this section. Any alternate test method that decreases the length of 
    the test must be accepted by the Commandant and must require a 
    proportionately lower allowable pressure loss and the same percentage 
    sensitivity and accuracy as the standard allowable loss measured with 
    the standard instrumentation.
    * * * * *
        (j) * * *
        (4) * * *
        (iii) If the inspector rejects a lot, the inspector shall notify 
    the Commandant immediately.
        (k) * * *
        (1) A rejected PFD lot may be resubmitted for testing, examination, 
    or inspection if the manufacturer first removes and destroys each PFD 
    having the same type of defect or, if authorized by the Commandant or 
    an authorized representative of the Commandant, reworks the lot to 
    correct the defect.
        (2) Any PFD rejected in a final lot examination or inspection may 
    be resubmitted for examination or inspection if all defects have been 
    corrected and reexamination or reinspection is authorized by the 
    Commandant or an authorized representative of the Commandant.
    * * * * *
        16. In Sec. 160.077-27, paragraph (a) is revised and paragraphs (d) 
    and (e) are added to read as follows:
    
    
    Sec. 160.077-27  Pamphlet.
    
        (a) Each recreational hybrid PFD sold or offered for sale must be 
    provided with a pamphlet that a prospective purchaser can read prior to 
    purchase. The required pamphlet text must be printed verbatim and in 
    the sequence set out in paragraph (e) of this section. Additional 
    information, instructions, or illustrations must not be included within 
    the required text. The type size shall be no smaller than 8-point.
    * * * * *
        (d) The text specified in paragraphs (e)(2) of this section must be 
    accompanied by illustrations of the types of devices being described. 
    The illustrations provided must be either photographs or drawings of 
    the manufacturer's own products or illustrations of other Coast Guard-
    approved PFDs.
        (e) For a Type I hybrid PFD intended for recreational use or a Type 
    II, III, or V recreational hybrid PFD, the pamphlet contents must be as 
    follows:
        (1) The text in UL 1517, Section 39, item A;
        (2) The following text and illustrations:
    
    There Are Five Types of Personal Flotation Devices
    
        This is a Type [insert approved Type] Hybrid Inflatable PFD.
    
        Note: The following types of PFDs are designed to perform as 
    described in calm water and when the wearer is not wearing any other 
    flotation material (such as a wetsuit).
    
        Type I--A Type I PFD has the greatest required inherent buoyancy 
    and turns most unconscious persons in the water from a face down 
    position to a vertical and slightly backward position, therefore 
    greatly increasing one's chances of survival. The Type I PFD is 
    suitable for all waters, especially for cruising on waters where 
    rescue may be slow coming, such as large bodies of water where it is 
    not likely that boats will be nearby. This type PFD is the most 
    effective of all types in rough water. It is reversible and 
    available in only two sizes--Adult (over 40 kg (90 lb)) and child 
    (less than 40 kg (90 lb)) which are universal sizes (designed for 
    all persons in the appropriate category).
    
    [Insert illustration of Type I PFD]
    
        Type II--A Type II PFD turns most wearers to a vertical and 
    slightly backward position in the water. The turning action of a 
    Type II PFD is less noticeable than the turning action of a Type I 
    PFD and the Type II PFD will not turn as many persons under the same 
    conditions as the Type I. The Type II PFD is usually more 
    comfortable to wear than the Type I. This type of PFD is designed to 
    fit a wide range of people for easy emergency use, and is available 
    in the following sizes: Adult (over 40 kg (90 lb)), Medium Child 
    (23-40 kg (50-90 lb)), and two categories of Small Child (less than 
    23 kg (50 lb) or less than 14 kg (30 lb). Additionally, some models 
    are sized by chest sizes. You may prefer to use the Type II where 
    there is a good chance of fast rescue, such as areas where it is 
    common for other persons to be engaged in boating, fishing and other 
    water activities.
    
    [Insert illustration of Type II PFD]
    
        Type III--The Type III PFD allows the wearer to tilt backwards 
    in the water, and the device will maintain the wearer in that 
    position and will not turn the wearer face down. It is not designed 
    to turn the wearer face up. A Type III is generally more comfortable 
    than a Type II, comes in a variety of styles which should be matched 
    to the individual use, and is often the best choice for water 
    sports, such as skiing, hunting, fishing, canoeing, and kayaking. 
    This type PFD normally comes in many chest sizes and weight ranges; 
    however, some universal sizes are available. You may also prefer to 
    use the Type III where there is a probability of quick rescue such 
    as areas where it is common for other persons to be engaged in 
    boating, fishing, and other water activities.
    
    [Insert illustration of Type III PFD]
    
        Hybrid Inflatable Type I, II, or III--A Type I, II, or III 
    Hybrid PFD is an inflatable device which is the most comfortable PFD 
    to wear and has a minimal amount of buoyancy when deflated and 
    significantly increased buoyancy when inflated (See accompanying 
    table for actual buoyancy for your Type of hybrid). When inflated it 
    turns the wearer with the action of a Type I, II, or III PFD as 
    indicated on its label. Boaters taking advantage of the extra 
    comfort of hybrid inflatable PFDs must take additional care in the 
    use of these devices. Boaters should test their hybrid PFDs in the 
    water, under safe, controlled conditions to know how well the 
    devices float them with limited buoyancy. Approximately 90 percent 
    of boaters will float while wearing a Type II or III hybrid 
    inflatable PFD when it is not inflated. However, hybrid inflatable 
    PFDs are not recommended for non-swimmers unless worn with enough 
    additional inflation to float the wearer. Almost all boaters will 
    float while wearing a Type I hybrid inflatable PFD that is not 
    inflated. The PFD's `performance type' indicates whether it should 
    be used only where help is nearby, or if it also may be used where 
    help may be slow coming. Type I hybrids are suitable where rescue 
    may be slow coming, while Types II and III are good only when there 
    is a chance of fast rescue. Type I hybrids are approved in three 
    weight ranges, adult, for persons weighing over 40 kg (90 lb); 
    youth, for persons weighing 23-40 kg (50-90 lb); and small child, 
    for persons weighing 14-23 kg (30-50 lb). Type II hybrid PFDs are 
    approved in the same size ranges as Type I hybrids but may be 
    available in a number of chest sizes and in universal adult sizes. 
    Type III hybrids are only approved in adult and youth sizes but may 
    also be available in a number of chest sizes and in universal adult 
    sizes.
    
    [For a pamphlet provided with a Type I, II or III hybrid PFD, insert 
    illustration of the Type Hybrid PFD being sold]
    
        Type IV--A Type IV PFD is normally thrown or tossed to a person 
    who has fallen overboard so that the person can grasp and hold the 
    device until rescued. Until May 15, 1995 (or May 1, 1996 at 
    commercial liveries), the Type IV is acceptable in place of a 
    wearable device in certain instances. However, this type is suitable 
    only where there is a good chance of quick rescue, such as areas 
    where it is common for other persons to be nearby engaged in 
    boating, fishing, and other water activities. It is not recommended 
    for use by non-swimmers and children.
    
    [Insert illustration of Type IV PFD]
    
        Type V (General)--A Type V PFD is a PFD approved for restricted 
    uses or activities such as boardsailing, or commercial white water 
    rafting. These PFDs are not suitable for other boating activities. 
    The label on the PFD indicates the kinds of activities for which the 
    PFD may be used and whether there are limitations on how it may be 
    used.
        Type V Hybrid--A Type V Hybrid PFD is an inflatable device which 
    can be the most comfortable and has very little buoyancy when it is 
    not inflated, and considerably more buoyancy when it is inflated. In 
    order for the device to count toward carriage requirements on 
    recreational boats, it must be worn except when the boat is not 
    underway or when the user is below deck. When inflated it turns the 
    wearer similar to the action provided by a Type I, II, or III PFD 
    (the type of performance is indicated on the label). This type of 
    PFD is more comfortable because it is less bulky when it is not 
    inflated. Boaters taking advantage of the extra comfort of hybrid 
    inflatable PFDs must take [[Page 2490]] additional care in the use 
    of these devices. Boaters should test their hybrid PFDs in the 
    water, under safe, controlled conditions to know how well the 
    devices float them with limited buoyancy. Approximately 70 percent 
    of boaters will float while wearing a Type V hybrid PFD when the 
    device is not inflated. Therefore, it is not recommended for non-
    swimmers unless worn with enough additional inflation to float the 
    wearer. The PFD's ``performance type'' indicates whether it should 
    be used only where help is nearby, or if it may also be used where 
    help may be slow coming. This type of PFD is approved in two sizes, 
    adult, for persons weighing over 40 kg (90 lb); and youth, for 
    persons weighing 23-40 kg (50-90 lb), and may be available in a 
    number of chest sizes and in universal adult sizes.
    
    [For a pamphlet provided with a Type V hybrid PFD, insert 
    illustration of TYPE V Hybrid PFD]
    
        (3) A table with the applicable PFD Type, size, and buoyancy values 
    from Table 160.077-15(b)(13) or 160.077-17(b)(11), as applicable; and
        (4) The text in UL 1517, Section 39, items D, E, and F.
        17. In Sec. 160.077-29, paragraphs (b) and (c) are revised, and 
    paragraphs (d) and (e) are added to read as follows:
    
    
    Sec. 160.077-29  PFD manuals.
    
    * * * * *
        (b) Required Manuals. An owner's manual must be provided with each 
    recreational and commercial hybrid PFD sold or offered for sale as 
    follows:
        (1) The manual text for a recreational hybrid PFD must be printed 
    verbatim and in the sequence set out in paragraph (c) or (d) of this 
    section, as applicable.
        (2) The manual for a commercial hybrid PFD must meet the 
    requirements of paragraph (f) of this section except that the manual 
    for a commercial Type I PFD which is also labeled for recreational use 
    must meet the requirements of paragraph (c) of this section.
        (3) Additional information, instructions, or illustrations may be 
    included within the specified text of the manuals required by this 
    section if there is no contradiction to the required information.
        (c) Type I, II or III Hybrid PFD. For a Type I, II and III hybrid 
    PFD the manual contents must be as follows:
        (1) The following text:
    
    Hybrid Limitations
    
        This PFD has limited inherent buoyancy which means YOU MAY HAVE 
    TO INFLATE THIS PFD TO FLOAT, and its inflatable portion requires 
    maintenance. While these PFDs are not required to be worn, if you 
    have an accident or fall overboard, you are much more likely to 
    survive if you are already wearing a PFD.
        There is only one way to find out if you will float while 
    wearing the PFD when it is not inflated. That is to try this PFD in 
    the water as explained in [insert reference to the section of the 
    manual that discusses how to test the PFD]. If you have not tested 
    this device in accordance with these guidelines, the Coast Guard 
    does not recommend its use.
    
        (2) Instructions on use including instructions on donning, 
    inflation, replenishing inflation mechanisms, and recommended practice 
    operation;
        (3) Instructions on how to properly inspect and maintain the PFD, 
    and recommendations concerning frequency of inspection;
        (4) Instructions on how to get the PFD repaired;
        (5) The text in UL 1517, Section 40, items B and D;
        (6) The following text:
    
    Why Do You Need a PFD?
    
        A PFD provides buoyancy to help keep your head above water and 
    to help you stay face up. The average in-water-weight of an adult is 
    only about 5 to 10 pounds. The buoyancy provided by most PFDs will 
    support that weight in water. However, the hybrid Type I, II, or III 
    PFD may be an exception. The uninflated buoyancy provided by this 
    PFD may only float 90 percent of the boating public. This is because 
    the inherent buoyancy has been reduced to make it more comfortable 
    to wear. So, you may not float adequately without inflating the 
    device. Once the device is inflated you will have a minimum of 22 lb 
    of buoyancy for adult sizes, which should be more than enough to 
    float everyone. (See table above [below] for the actual minimum 
    buoyancy for different Types of hybrids.) Your body weight alone 
    does not determine your in-water-weight. Since there is no simple 
    method of determining your weight in water, you should try the 
    device in the water in both its deflated and inflated condition.
    
        (7) The text in UL 1517, Section 40, item G;
        (8) The following text:
    
    Wear Your PFD
    
        Your PFD won't help you if you don't have it on. It is well-
    known that most boating accidents occur on calm water during a clear 
    sunny day. It is also true that in approximately 80 percent of all 
    boating accident fatalities, the victim did not use a PFD. Don't 
    wait until it's too late. Non-swimmers and children especially 
    should wear their PFD at all times when on or near the water. Hybrid 
    Type I, II, III or V PFDs are not recommended for non-swimmers 
    unless inflated enough to float the wearer.
    
        (9) The text in UL 1517, Section 40, items I, J, K, and L; and
        (10) A table with the applicable PFD Type, size, and buoyancy 
    values from Table 160.077-15(b)(13) or 160.077-17(b)(11), as 
    applicable, or provide a reference to appropriate pamphlet table, if 
    the pamphlet is combined with the manual.
        (d) Type V Recreational Hybrid PFD. For a Type V recreational 
    hybrid PFD the manual contents must be as follows:
        (1) The text in UL 1517, Section 40, item A;
        (2) Instructions on use including instructions on donning, 
    inflation, replenishing inflation mechanisms, and recommended practice 
    operation;
        (3) Instructions on how to properly inspect and maintain the PFD, 
    and recommendations concerning frequency of inspection;
        (4) Instructions on how to get the PFD repaired; and
        (5) The text in UL 1517, section 40, that is not included under 
    paragraph (d)(1) of this section.
        (e) Commercial Hybrid PFD. (1) For a commercial hybrid PFD that is 
    ``REQUIRED TO BE WORN'' the manual must meet the requirements of 
    paragraph (d) of this section.
        (2) For a commercial hybrid PFD approved as a ``Work Vest Only'' or 
    Type I PFD the manual must meet the requirements of either paragraphs 
    (e)(3) and (4) or of paragraph (c) of this section. The manual for a 
    commercial Type I hybrid PFD which is also labeled for use on 
    recreational boats must meet the requirements of paragraph (c) of this 
    section.
        (3) Each commercial hybrid PFD approved with special purpose 
    limitation must have a user's manual that--
        (i) Explains in detail the proper care, maintenance, stowage, and 
    use of the PFD; and
        (ii) Includes any other safety information as prescribed by the 
    approval certificate.
        (4) If the manual required in paragraph (e)(3) of this section 
    calls for inspection or service by vessel personnel, the manual must--
        (i) Specify personnel training or qualifications needed;
        (ii) Explain how to identify the PFDs that need to be inspected; 
    and
        (iii) Provide a log in which inspections and servicing may be 
    recorded.
        (5) If a PFD light approved under subpart 161.012 is not provided 
    at time of sale, the manual must specify the recommended type of light 
    to be used.
        (6) Notwithstanding the requirements of paragraph (b) of this 
    section, manufacturers that make shipments to purchasers that do not 
    redistribute the PFDs, must provide at least one manual in each carton 
    of PFDs shipped.
        18. Section 160.077-30 is revised to read as follows: 
    [[Page 2491]] 
    
    
    Sec. 160.077-30  Spare operating components and temporary marking.
    
        (a) Spare operating components. Each recreational and commercial 
    hybrid PFD must--
        (1) If it has a manual or automatic inflation mechanism and is 
    packaged and sold with one inflation medium cartridge loaded into the 
    inflation mechanism, have at least two additional spare inflation 
    cartridges packaged with it. If it is sold without an inflation medium 
    cartridge loaded into the inflation mechanism, it must be packaged and 
    sold with at least three cartridges; and
        (2) If it has an automatic inflation mechanism and is packaged and 
    sold with one water sensitive element loaded into the inflation 
    mechanism, have at least two additional spare water sensitive elements 
    packaged with it. If it is sold without a water sensitive element 
    loaded into the inflation mechanism, it must be packaged and sold with 
    at least three water sensitive elements.
        (b) Temporary marking. Each recreational and commercial hybrid PFD 
    which is sold--
        (1) In a ready-to-use condition but which has covers or restraints 
    to inhibit tampering with the inflation mechanism prior to sale, must 
    have any such covers or restraints conspicuously marked ``REMOVE 
    IMMEDIATELY AFTER PURCHASE.''; or
        (2) Without an inflation medium cartridge, a water sensitive 
    element, or both pre-loaded into the inflation mechanism, must include 
    the markings required in Sec. 160.077-15(c)(3)(ii).
        19. In Sec. 160.077-31, paragraphs (c), (d), (g), (h), (j), 
    introductory text, and (j)(1) are revised, paragraphs (j)(2) and (3) 
    are redesignated as (j)(3) and (4) respectively and revised, new 
    paragraphs (j)(2) and (l) are added, and paragraph (e)(5) is removed 
    and paragraph (e)(6) is redesignated as paragraph (e)(5) to read as 
    follows:
    
    
    Sec. 160.077-31  PFD Marking.
    
    * * * * *
        (c) Recreational Hybrid PFD. Each recreational hybrid PFD must be 
    marked with the following text using capital letters where shown and be 
    presented in the exact order shown:
    
    Type [II, III, or V, as applicable] PFD
    
    [See paragraph (k) of this section for exact text to be used here]
    
        Recreational hybrid inflatable--Approved for use only on 
    recreational boats. [For Type V only] REQUIRED TO BE WORN to meet Coast 
    Guard carriage requirements (except for persons in enclosed spaces as 
    explained in owner's manual).
    
    [For Type V only] When inflated this PFD provides performance 
    equivalent to a [see paragraph (h) of this section for exact test to be 
    used here].
    
        A Pamphlet and Owner's Manual must be provided with this PFD.
    
    WARNING--TO REDUCE THE RISK OF DEATH BY DROWNING
    
    --YOU MAY HAVE TO INFLATE THIS PFD TO FLOAT.
    --TRY THIS PFD IN THE WATER EACH SEASON TO SEE IF IT WILL FLOAT YOU 
    WITHOUT INFLATION.
    --CHOOSE THE RIGHT SIZE PFD AND WEAR IT--FASTEN ALL CLOSURES AND ADJUST 
    FOR SNUG FIT.
    --THIS PFD REQUIRES MAINTENANCE. FOLLOW MANUFACTURER'S USE AND CARE 
    INSTRUCTIONS.
    --REMOVE HEAVY OBJECTS FROM POCKETS IN AN EMERGENCY.
    --[Unless impact tested at high speed as noted on the approval 
    certificate] DO NOT USE IN HIGH-SPEED ACTIVITIES.
    --DO NOT DRINK ALCOHOL WHILE BOATING.
    
        (d) Type I and Commercial Hybrid PFD. Each Type I hybrid PFD 
    intended for recreational use and each commercial hybrid PFD must be 
    marked with the following text using capital letters where shown and be 
    presented in the exact order shown:
    
    Type [``I'', ``V'', or ``V Work Vest Only'', as applicable] PFD
    
    [See paragraph (k) of this section for exact text to be used here]
    
        Commercial hybrid inflatable--Approved for use on [see paragraph 
    (j) of this section for exact text to be used here].
    
    [For Type V only] When inflated this PFD provides performance 
    equivalent to a [see paragraph (h) of this section for exact test to be 
    used here].
    
    [For Type I devices intended for recreational use] A Pamphlet and 
    Owner's Manual must be provided with this PFD.
    
    WARNING--TO REDUCE THE RISK OF DEATH BY DROWNING
    
    --YOU MAY HAVE TO INFLATE THIS PFD TO FLOAT.
    --TRY THIS PFD IN THE WATER EACH SEASON TO SEE IF IT WILL FLOAT YOU 
    WITHOUT INFLATION.
    --[For Type I devices intended for recreational use] CHOOSE THE RIGHT 
    SIZE PFD AND WEAR IT.
    --FASTEN ALL CLOSURES AND ADJUST FOR SNUG FIT.
    --THIS PFD MUST BE MAINTAINED, STOWED, AND USED ONLY IN ACCORDANCE WITH 
    THE OWNER'S MANUAL.
    --REMOVE HEAVY OBJECTS FROM POCKETS IN AN EMERGENCY.
    --[Unless impact tested at high speed as noted on the approval 
    certificate For Type I devices intended for recreational use] DO NOT 
    USE IN HIGH-SPEED ACTIVITIES.
    --[For Type I devices intended for recreational use] DO NOT DRINK 
    ALCOHOL WHILE BOATING.
    * * * * *
        (g) Flotation material buoyancy loss. When kapok flotation material 
    is used, the statement ``--REPLACE PFD IF PADS BECOME STIFF OR 
    WATERLOGGED.'' must follow the warning ``--TRY THIS PFD IN THE WATER 
    EACH SEASON TO SEE IF IT WILL FLOAT YOU WITHOUT INFLATION.'' required 
    by paragraph (c) or (d) of this section.
        (h) Type equivalence. The exact text to be inserted for Type V 
    hybrid PFDs will be one of the following type equivalents as noted on 
    the Approval Certificate.
    * * * * *
        (j) Approved use. Unless the Commandant has authorized omitting the 
    display of approved use, the exact text to be inserted will be one or 
    more of the following statements as noted on the approval certificate:
        (1) ``all recreational boats and on uninspected commercial 
    vessels''
        (2) ``all recreational boats and on uninspected commercial vessels. 
    REQUIRED TO BE WORN to meet Coast Guard carriage requirements (except 
    for persons in enclosed spaces as explained in owner's manual)''
        (3) ``inspected commercial vessels as a WORK VEST only.''
        (4) ``[Insert exact text of special purpose or limitation and 
    vessel(s) or vessel type(s), noted on approval certificate].''
    * * * * *
        (l) Size Ranges. The exact text to be inserted will be one of the 
    following statements as noted on the approval certificate:
        (1) ADULT--For persons weighing more than 40 kg (90 lb).
        (2) YOUTH--For persons weighing 23-40 kg (50-90 lb).
        (3) CHILD SMALL--For persons weighing 14-23 kg (30-50 lb).
        (4) ``[Other text noted on approval certificate].''
        20. Section 160.077-33 is redesignated as Sec. 160.077-6, and in 
    newly redesignated Sec. 160.077-6 paragraphs (b), introductory text, 
    and (c)(1) are revised, and paragraph (a)(3)(vi) is added to read as 
    follows: [[Page 2492]] 
    
    
    Sec. 160.077-6  Approval Procedures.
    
        (a) * * *
        (3) * * *
        (vi) The size range of wearers that the device is intended to fit.
    * * * * *
        (b) Waiver of tests. If a manufacturer requests that any test in 
    this subpart be waived, one of the following must be provided to the 
    Commandant as justification for the waiver:
    * * * * *
        (c) * * *
        (1) Meets other requirements prescribed by the Commandant in place 
    of or in addition to requirements in this subpart; and
    * * * * *
        21. Section 160.077-35 is redesignated as Sec. 160.077-7 and is 
    revised to read as follows:
    
    
    Sec. 160.077-7  Procedure for approval of design or material revision.
    
        (a) Each change in design, material, or construction of an approved 
    PFD must be approved by the Commandant before being used in any 
    production of PFDs.
        (b) Determinations of equivalence of design, construction, and 
    materials may be made only by the Commandant.
        22. Section 160.077-37 is redesignated as Sec. 160.077-9 and is 
    revised to read as follows:
    
    
    Sec. 160.077-9  Independent laboratories.
    
        A list of independent laboratories which have been accepted by the 
    Commandant for conducting or supervising the tests and inspections 
    required by this subpart, and for making material certifications 
    required by Sec. 160.077-11, may be obtained from the Commandant.
    
    Dated: December 27, 1994.
    J.C. Card,
    Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
    Security and Environmental Protection.
    [FR Doc. 95-433 Filed 1-6-95; 8:45 am]
    BILLING CODE 4910-14-U
    
    

Document Information

Effective Date:
2/8/1995
Published:
01/09/1995
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-433
Dates:
February 8, 1995.
Pages:
2482-2492 (11 pages)
Docket Numbers:
CGD 78-174
RINs:
2116-AA29
PDF File:
95-433.pdf
CFR: (22)
46 CFR 160.077-15(b)(7)
46 CFR 160.047-4(c)(4)
46 CFR 160.077-2(j)
46 CFR 25.25-5
46 CFR 160.077-1
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