2482 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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.

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
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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 § 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 § 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

§ 160.077–2(j), the SNPRM proposed to

require higher kapok weights and

displacements than prescribed by

existing § 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 § 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 § 160.077–

2(j). During performance tests

conducted at UL, using these prototype

reference vests made with envelopes

modified as allowed in § 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 § 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 § 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 childsize 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 § 160.077–2(j) of this rule,

superior results were obtained during

performance tests conducted at UL.
2484 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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 § 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, § 160.077–21(c)(1), (2), (4)(i),

and (4)(ii) are revised and § 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 § 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 childsize 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 § 160.077–15(b)(13) is deleted

and proposed § 160.077–15(b)(14) and

(15) are renumbered accordingly. A new

§ 160.077–17(b)(9) is added to ensure

that the body strap(s) on Type I hybrid

PFDs meet minimum strength

requirements. Proposed § 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 § 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 § 160.077–29(b) and (f)(2) are

revised to require that Type I PFDs

intended for recreational use meet the

requirements of § 160.077–29(c). The

statement ‘‘A pamphlet and owner’s

manual must be provided with this

PFD’’ is added to the text of § 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), § 160.077–27(e),

§ 160.077–29(b), (c), (e) and (f)(2), and

§ 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, § 160.077–17, Table

160.077–17(b)(10), § 160.077–21, and

§ 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
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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

§ 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 § 160.077–27

is simplified. Also, § 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-ofinformation 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:

Paperwork requirements OMB control No.

a. § 160.077–6 .......................... 2115–0141

b. § 160.077–7 .......................... 2115–0141

c. § 160.077–11 ........................ 2115–0141

d. § 160.077–25 ........................ 2115–0141

f. § 160.077–29 ......................... 2115–0576

g. § 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 § 25.25–5, paragraph (f) is

revised to read as follows:

§ 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:
2486 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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 § 160.077–1, paragraphs (b), (c)

introductory text, and (d) are revised to

read as follows:

§ 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 § 160.077–29 and on their marking as

prescribed in § 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 § 160.077–2, and in newly

redesignated § 160.077–2, paragraphs

(a), (h), and (j) are revised, and

paragraph (l) is added to read as follows.

§ 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

§ 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

Reference PFD type

Front insert (2 each) Back insert

Minimum kapok

weight g (oz)

Volume displacement N

(lb)

Minimum kapok

weight g (oz)

Volume displacement N (lb)

Devices for adults, weight over 40 kg (90 lb):

Type II, III, and V Recreational ...................................... 234 (8.25) ....... 40±1 (9.0±0.25) 156 (5.5) ......... 27±1 (6.0±0.25)

Devices for youths, weighing 23–40 kg (50–90 lb):

Type I ............................................................................. 184 (6.5) ......... 31±1 (7.0±0.25) 170 (6.0) ......... 30±1 (6.5±0.25)

Type II, III, and V1 ......................................................... 156 (5.5) ......... 26±1 (5.75±0.25) 149 (5.25) ....... 24±1 (5.5±0.l25)

Devices for small children, weighing 14–23 kg (30–50 lb):

Type I ............................................................................. 128 (4.5) ......... 21±1 (4.75±0.25) 156 (5.5) ......... 30±1 (6.5±0.25)

Type II ............................................................................ 100 (3.5) ......... 17±1 (3.75±0.25) 135 (4.75) ....... 22±1 (5.0±0.25)

1Both 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 § 160.077–3 and in newly

redesignated § 160.077–3 paragraphs (a),

(c)(1), and (c)(2) are revised to read as

follows:

§ 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 § 160.077–4 and is revised to read as

follows:

§ 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.

§ 160.077–9 [Redesignated]

8. Section 160.077–9 is redesignated

as § 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:
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2487

§ 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 § 160.077–13, the heading is

revised, and paragraph (d) is removed to

read as follows:

§ 160.077–13 Materials—Type I and

Commercial Hybrid PFD.

* * * * *

11. In § 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:

§ 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 § 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:

§ 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

§ 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 § 160.077–19, paragraphs

(b)(3)(iii), (b)(6), and (e) are revised to

read as follows:

§ 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

§ 160.077–2(j).

* * * * *

(6) Buoyancy, buoyancy distribution,

and inflation medium retention test, UL

1517, sections 18 and 19, except:
2488 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

(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 § 160.047–

4(c)(4) and § 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 § 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:

§ 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 adultsize 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 inwater 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 § 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 § 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:

§ 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 § 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

§ 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
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 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 § 160.077–27, paragraph (a) is

revised and paragraphs (d) and (e) are

added to read as follows:

§ 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 Guardapproved 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
2490 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

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 nonswimmers 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 § 160.077–29, paragraphs (b)

and (c) are revised, and paragraphs (d)

and (e) are added to read as follows:

§ 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 inwater-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. Nonswimmers 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:
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2491

§ 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 § 160.077–15(c)(3)(ii).

19. In § 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:

§ 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 § 160.077–6, and in

newly redesignated § 160.077–6

paragraphs (b), introductory text, and

(c)(1) are revised, and paragraph

(a)(3)(vi) is added to read as follows:
2492 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

§ 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 § 160.077–7 and is

revised to read as follows:

§ 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 § 160.077–9 and is

revised to read as follows:

§ 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

§ 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