Lifejacket Approval Harmonization, 21016-21058 [2023-06504]

Download as PDF 21016 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 181 46 CFR Parts 25, 28, 108, 117, 133, 141, 160, 169, 180 and 199 [Docket No. USCG–2022–0120] RIN 1625–AC62 Lifejacket Approval Harmonization Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend the approval requirements and follow-up program requirements for lifejackets by incorporating new standards to replace existing legacy standards. The Coast Guard further proposes to amend lifejacket and personal flotation device (PFD) carriage requirements to allow for the use of equipment approved to the new standards and remove obsolete equipment approval requirements. The proposed amendments would streamline the process for the approval of PFDs and allow manufacturers the opportunity to produce more innovative equipment that would meet approval requirements in both Canada and the United States while also reducing the burden of the approval process and the production inspections on manufacturing firms. DATES: Comments and related material must be received by the Coast Guard on or before June 6, 2023. ADDRESSES: You may submit comments identified by docket number USCG– 2022–0120 using the Federal Decision Making Portal at www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. Viewing material proposed for incorporation by reference. Make arrangements to view this material by calling the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. FOR FURTHER INFORMATION CONTACT: For further information about this document call or email Jacqueline Yurkovich, Coast Guard; telephone 202–372–1389, email Jacqueline.m.yurkovich@uscg.mil. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with PROPOSALS3 SUMMARY: Table of Contents for Preamble I. Public Participation and Request for Comments II. Abbreviations VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 III. Background, Basis, and Purpose IV. Discussion of Proposed Rule V. Incorporation by Reference VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Public Participation and Request for Comments The Coast Guard views public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment may help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at www.regulations.gov. To do so, go to www.regulations.gov, type USCG–2022– 0120 in the search box, and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If you cannot submit your material using www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions. Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the www.regulations.gov Frequently Asked Questions web page. That web page also explains how to subscribe for email alerts that will notify you when comments are posted or if a final rule is published. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. Personal information. We accept anonymous comments. Comments we post to www.regulations.gov will PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 include any personal information you have provided. For more about privacy and submissions in response to this document, see the Department of Homeland Security’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Public meeting. We do not plan to hold a public meeting but we will consider doing so if we determine from public comments that a meeting would be helpful. We would issue a separate Federal Register notice to announce the date, time, and location of such a meeting. II. Abbreviations ANSI American National Standards Institute CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register IBR Incorporation by reference IRFA Initial Regulatory Flexibility Analysis ISO International Organization for Standardization NAICS North American Industry Classification System NBSAC National Boating Safety Advisory Committee NPRM Notice of proposed rulemaking OMB Office of Management and Budget PFD Personal flotation device QMS Quality management system RA Regulatory analysis RFA Regulatory Flexibility Act § Section SBA Small Business Administration SOLAS International Convention for the Safety of Life at Sea U.S.C. United States Code III. Background, Basis, and Purpose The Coast Guard has statutory authority under Title 46, U.S. Code, Sections 3306(a) and (b), 4102(b), 4302(a) and (c), and 4502(a) and (c)(2)(B), to prescribe regulations for the design, construction, performance, testing, carriage, use, and inspection of lifesaving equipment on commercial and recreational vessels. Under Department of Homeland Security (DHS) Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(b), the Secretary delegated authority under these statutes to the Commandant of the Coast Guard. With this rulemaking, we are proposing to incorporate the American National Standards Institute (ANSI) standards ANSI/CAN/UL 12402–5 for Level 50 and Level 70 personal flotation devices (PFDs), ANSI/CAN/UL 12402–4 for Level 100 PFDs, and ANSI/CAN/UL 9595 for quality assurance. In addition, we propose to incorporate the ANSI/UL 1123 and ANSI/UL 1175 standards for marine buoyant devices and inherently buoyant and inflatable throwable PFDs, respectively. The Coast Guard currently approves inherently buoyant and E:\FR\FM\07APP3.SGM 07APP3 ddrumheller on DSK120RN23PROD with PROPOSALS3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules inflatable throwable PFDs to these standards as a matter of policy, so incorporating them in the Code of Federal Regulations (CFR) would not result in any changes in practice but would improve transparency. We are also proposing to remove portions of Title 46 in part 160 of the CFR, where the newly incorporated standards would supersede the previous standards or requirements. Additionally, we are proposing amendments to lifesaving equipment carriage requirements that would permit the use of Level 50, Level 70, and Level 100 PFDs approved to the new standards. The Coast Guard actively participates in the development of ANSI-accredited industry consensus standards for lifesaving equipment. In that capacity, the Coast Guard has worked with Transport Canada and United States and Canadian stakeholders in the development of the suite of harmonized ANSI/CAN/UL standards to streamline the process for approval of PFDs. Additionally, the harmonization would allow manufacturers the opportunity to produce more innovative equipment that would still meet approval requirements in both Canada and the United States. PFD manufacturers largely drove the development of these standards; therefore, we expect PFD manufacturers to generally support this proposed rulemaking. To further those efforts, on September 22, 2014, the Coast Guard published a final rule to remove references to type codes in its regulations on the carriage and labeling of Coast Guard approved PFDs to facilitate the future incorporation by reference (IBR) of new industry consensus standards (79 FR 56491, September 22, 2014). In April 2017, the Coast Guard and Transport Canada signed a Memorandum of Understanding outlining an intended cooperation for the approval of personal lifesaving appliances that comply with mutually acceptable standards, are tested by mutually accepted conformity assessment bodies or independent test laboratories, and are covered by a mutually acceptable follow-up program. On August 17, 2018, the Coast Guard published a notice in the Federal Register (83 FR 41095) regarding a policy letter and deregulatory savings analysis on accepting the standard ANSI/CAN/UL 12402–5 for Level 70 PFDs, not including inflatable PFDs for use by persons less than 16 years old. On November 15, 2019, the Coast Guard published a notice (84 FR 62546) that finalized this policy. The Coast Guard published a final rule (77 FR 19937, April 3, 2012) VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 21017 incorporating by reference updated revisions of industry consensus standards for PFDs including UL 1180, ‘‘UL Standard for Safety for Fully Inflatable Recreational Personal Flotation Devices,’’ Second Edition (including revisions through December 3, 2010). The discussion and response to comments in that rulemaking included a discussion on inflatable PFDs for users less than 16 years of age. UL 1180 limits the approval of inflatable PFDs to persons of at least 16 years of age, and thus the final rule retained that age limit for approved users of inflatable PFDs. No age limit was included in the regulatory text to allow for a possible future rulemaking to incorporate by reference a standard that sufficiently addresses the needs of younger wearers. categories of amendments below. If we finalize this proposed rule, then under 46 U.S.C. 4302(b) the effective date of provisions applying to recreational vessels would be at least 180 days after publication. For simplicity, we would likely delay the effective date of the entire rule until 180 days after publication. We invite public comments on that timing. The National Boating Safety Advisory Committee (NBSAC) was consulted regarding the updated standards proposed in this rule, as shown by NBSAC Resolutions 2009–83–01 and 2011–87–01, and the revalidation of those resolutions found in Resolution 2022–03–01. We also welcome comments from NBSAC on this proposed rule. IV. Discussion of Proposed Rule The Coast Guard is proposing seven main amendments to our regulations: (1) Adding new subpart 160.255 and incorporating by reference ANSI/CAN/ UL 12402–4 for approval of Level 100 PFDs, and removing sections of subpart 160.055. (2) Adding new subparts 160.264 and 160.276, which incorporate by reference ANSI/CAN/UL 12402–5 for approval of Level 50 and Level 70 PFDs without additional buoyancy or age restrictions; removing the sections of subparts 160.060, 160.064, and 160.076 pertaining to the approval of new wearable PFDs; relocating the sections pertaining to throwable PFDs from subpart 160.064 to new subpart 160.045 and incorporating by reference ANSI/UL 1123 and ANSI/UL 1175; and removing subpart 160.077 in its entirety. (3) Incorporating by reference ANSI/ CAN/UL 9595 for quality assurance requirements in subparts 160.045, 160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. (4) Removing subparts 160.001, 160.002, 160.005, 160.047, 160.048, and 160.052, as these subparts are mostly or entirely obsolete, and moving the remaining relevant material from subpart 160.001 to subpart 160.055. (5) Amending lifesaving equipment carriage requirements to include the new approval categories, where appropriate, and removing any remaining references to type codes. (6) Amending the requirements for instruction pamphlets for PFDs to include the placard specified in subparts 160.055, 160.060, 160.255, 160.264, and 160.276. (7) Amending the existing regulatory text to make editorial corrections and increase clarity. We provide additional details and discussion on each of these seven main 1. Add New Subpart, 46 CFR 160.255, and Incorporate by Reference ANSI/ CAN/UL 12402–4 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 We propose adding a new subpart, 160.255, to title 46 of the CFR. PFDs approved under this new subpart would meet the carriage requirements for wearable PFDs for inspected vessels that are neither on an international voyage nor subject to the International Convention for the Safety of Life at Sea (SOLAS), uninspected commercial vessels over 40 feet (12m) in length, and uninspected passenger vessels. Newly proposed subpart 160.255 contains structural and performance requirements for approval of Level 100 PFDs, as well as requirements for production inspections and quality control, markings, information pamphlets, and associated manuals. ANSI/CAN/UL 12402–4 would be incorporated by reference. PFDs approved under this subpart could rely upon inherently buoyant material, inflation, or a combination of the two to achieve the minimum buoyancy. A Level 100 PFD has the same basic requirements as a PFD meeting 46 CFR 160.055. The minimum amount of buoyancy, basic mechanical properties, and in-water performance requirements are the same. However, ANSI/CAN/UL 12402–4 is less prescriptive regarding the design requirements of a Level 100 PFD, so manufacturing firms would be able to develop more innovative designs. The marking requirements in ANSI/CAN/UL 12402–4 specify pictorial graphics to communicate the performance of the PFD and warnings for use. The Coast Guard conducted research and focus groups to identify issues with the Type code labels and to evaluate multiple new pictorial labeling options. Our research indicated that people consistently preferred pictorial E:\FR\FM\07APP3.SGM 07APP3 ddrumheller on DSK120RN23PROD with PROPOSALS3 21018 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules markings.1 Therefore, we expect this marking format to be more easily understandable to both Englishspeaking and non-English-speaking populations. ANSI/CAN/UL 12402–4 does not require fully or partially inflatable Level 100 PFDs to provide redundant back-up inflation chambers. Current regulations require inflatable lifejackets under approval series 160.176 to have at least two inflation chambers and to reach minimum in-water performance with any one chamber deflated. These inflatable lifejackets meet the International Maritime Organization Life-Saving Appliance code and are intended for use on vessels subject to SOLAS. Back-up chambers were originally required for inflatable lifejackets intended for use on inspected vessels as an additional safety measure in case the primary inflation chamber failed to inflate (54 FR 50320). In that rulemaking, the Coast Guard noted that we would continue discussions with industry, standards organizations, and state boating law administrators regarding the reliability of inflatable PFDs. We also indicated that when new developments or innovations reduced the risk of inflation failure to an acceptable level, we could address this issue with a subsequent rulemaking. Since the publication of that rule in 1989, the Coast Guard has no evidence that a well-maintained PFD with a single inflation chamber is less reliable than an inherently buoyant PFD. Additionally, the Coast Guard has approved inflatable PFDs without backup chambers under approval series 160.076. Such devices have been in use in the United States on uninspected commercial vessels less than 12 m in length and recreational vessels and in Canada on small vessels for over a decade. Therefore, the Coast Guard believes that the material testing of the PFD components coupled with the required annual servicing of inflatable Level 100 PFDs is sufficient, and that redundant back-up inflation chambers are not necessary to provide an equivalent level of safety to PFDs meeting 46 CFR 160.055. Because newly proposed subpart 160.255 would supersede the requirements for life preservers in subpart 160.055, we propose to delete structural and performance requirements for approval of life preservers in subpart 160.055, but 1 ‘‘Revision of Labeling and Classification for Personal Flotation Devices (PFDs),’’ Applied Safety & Ergonomics, Inc., December 28, 2004, Young et al. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 maintain the requirements for production inspections, tests, and quality assurance. Manufacturers could continue to produce life preservers currently approved under subpart 160.055, while all new lifejackets would require Coast Guard approval under new subpart 160.255. At the same time, we propose to restructure subpart 160.055 to include a statement of the subpart’s scope and to mirror the structure of other PFD-related subparts. We would add the scope as § 160.055–1 and definitions in § 160.055–3, and the documents incorporated by reference would be moved from § 160.055–1 to § 160.055–5. Because no new approvals would be granted under § 160.055, we propose to remove existing requirements for materials and construction, marking, and procedure for approval, including current 46 CFR 160.055–3, 160.055–4, 160.055–5, 160.055–6, 160.055–8, and 160.055–9. We propose independent laboratory requirements for addition in § 160.055–11. We would move sampling, tests, and inspections from § 160.055–7 to newly created § 160.055– 15 and pamphlet requirements would be included in new § 160.055–19. Procedures for the approval of design or material changes would be included in new § 160.055–23 and information on suspension or termination of approval would be included in new § 160.055–25. 2. Add New Subparts 46 CFR 160.045, 160.264, and 160.276, and Incorporate by Reference ANSI/CAN/UL 12402–5, ANSI/UL 1123, and ANSI/UL 1175 We propose three new subparts in Title 46 of the CFR: 160.045, 160.264, and 160.276. PFDs approved under these subparts would meet the carriage requirements for uninspected commercial vessels less than 40 feet (12m) in length and not carrying passengers for hire, and recreational boats, in accordance with 33 part CFR 175 and 46 CFR subpart 25.25. Newly proposed 46 CFR 160.264 contains structural and performance requirements for approval of Level 50 and Level 70 inherently buoyant PFDs, as well as requirements for production inspections and quality control, markings, information pamphlets, and associated manuals. Newly proposed 46 CFR 160.276 contains structural and performance requirements for approval of Level 50 and Level 70 fully and partially inflatable recreational PFDs, as well as requirements for production inspections and quality control, associated manuals, information pamphlets, and markings. ANSI/CAN/ UL 12402–5 would be incorporated by reference in both subparts. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 ANSI/CAN/UL 12402–5 prescribes minimum performance requirements instead of prescribing design requirements. These performance-based standards allow manufacturing firms to design more innovative, comfortable, and stylish PFDs. New PFD designs could lead to more individuals choosing to wear their PFDs, resulting in fewer drownings.2 Drowning is the leading cause of death in recreational boating accidents, accounting for 79 percent of all recreational boating casualties where the cause of death is known.3 Of those who drowned, 86 percent were not wearing a lifejacket. Wearing a lifejacket is one of the best means available of preventing accidental drowning in recreational boating. Unfortunately, recreational boaters only wear lifejackets about 24 percent of the time.4 Discomfort, whether real or perceived, is negatively associated with PFD wear.5 ANSI/CAN/UL 12402–5 allows manufacturers more flexibility when selecting materials, design, and construction of new PFDs. Because manufacturers would be less limited in the materials, design, and construction, we expect new PFDs might be slimmer, lighter in weight, or more comfortable to wear than PFDs approved under the current requirements. In our 2018 policy letter, the Coast Guard determined that Level 70 inherently buoyant devices, Level 70 inflatable devices, and Level 70 multichamber devices that meet the requirements of ANSI/CAN/UL 12402–5 provide equivalent performance to wearable PFDs meeting 46 CFR 160.064 or 160.076. Now, the Coast Guard is proposing this rule based on our assessment that 2 Readers should reference the National Center for Biotechnology Information (NCBI), which is part of the National Library of Medicine (NLM) at the National Institutes of Health (NIH), and perform a literature search for articles on the topic of PFDs and their usage. Readers can access this website at https://pubmed.ncbi.nlm.nih.gov. More specifically, readers should reference the following articles for further information: ‘‘Personal, social, and environmental factors associated with lifejacket wear in adults and children: A systematic literature review’’ (https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC5931488) and ‘‘Barriers to life jacket use among adult recreational boaters’’ (https:// www.ncbi.nlm.nih.gov/pmc/articles/PMC4310692). 3 United States Coast Guard, ‘‘2019 Recreational Boating Statistics.’’ https://uscgboating.org/library/ accident-statistics/Recreational-Boating-Statistics2019.pdf. 4 United States Coast Guard, ‘‘2019 Life Jacket Wear Rate Observation Study.’’ https:// uscgboating.org/library/national-live-jacket-wearstudy/2019-Life-Jacket-Wear-Rate-Report.pdf. 5 Amy Peden, Daniel Demant, Martin Hagger, and Kyra Hamilton, ‘‘Personal, social, and environmental factors associated with lifejacket wear in adults and children: A systematic literature review.’’ https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC5931488/. E:\FR\FM\07APP3.SGM 07APP3 ddrumheller on DSK120RN23PROD with PROPOSALS3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules a Level 50 PFD, when worn and used in accordance with the label, provides an equivalent level of safety as a wearable PFD meeting subpart 160.064 or 160.076. A Level 50 PFD has a lower minimum amount of buoyancy than the current minimum requirement for Coast Guard approved PFDs. However, ANSI/ CAN/UL 12402–5 requires that a Level 50 PFD keep the user’s airway above the water, as demonstrated by in-water performance testing. A Level 50 PFD is intended for use by those who can swim and who have help or rescue nearby. As required in ANSI/CAN/UL 12402–5, Level 50 PFDs must be marked: ‘‘Not recommended for weak or nonswimmers.’’ Every PFD offered for sale must have a placard providing users with information on how to select the appropriate PFD, and reminding users to try the PFD on in the water to ensure proper fit and performance. To satisfy requirements of ANSI/CAN/UL 12402– 5, Level 50 PFDs must be worn and must be marked: ‘‘Approval conditions state that this device must be worn to be counted as equipment required by vessels meeting Transport Canada or USCG regulations.’’ A Level 50 PFD, when worn by a person who can swim and used in accordance with ANSI/ CAN/UL 12402–5, provides an equivalent level of safety as a PFD meeting 46 CFR 160.064 or 160.076. By approving Level 50 PFDs, the Coast Guard would provide a critical level of oversight to the currently unregulated Level 50 competition watersports PFDs, resulting in safer products for the public. In this proposed rule, we are not proposing additional requirements that would limit users of inflatable PFDs based on age. There are already requirements in ANSI/CAN/UL 12402– 5 addressing inflatable PFDs for users less than 16 years of age. To be certified as meeting ANSI/CAN/UL 12402–5, an inflatable PFD intended for wearers less than 16 years of age must automatically inflate, must not require secondary donning, must be worn, and must include a warning statement about adult supervision. The Coast Guard believes these requirements are adequate to ensure safety for wearers less than 16 years of age, so we are proposing to fully incorporate ANSI/CAN/UL 12402–5 without any additional age restrictions beyond those included in the standard. New proposed subparts 160.264 and 160.276 would supersede the requirements for foam buoyant vests in subpart 160.060, marine buoyancy devices in subpart 160.064, inflatable recreational personal flotation devices in subpart 160.076, and hybrid VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 inflatable personal flotation devices in subpart 160.077. We propose removing the structural and performance requirements for the approval of foam buoyant vests, marine buoyant devices, and inflatable recreational flotation devices in subparts 160.060, 160.064, and 160.076, respectively, but retaining the requirements for production inspections, tests, and quality control of wearable PFDs. We are proposing to delete subpart 160.077 entirely and modify the scope of subpart 160.076 to include PFDs previously approved under subpart 160.077. By retaining the requirements for production inspections, tests, and quality control, the Coast Guard would ensure that manufacturing firms producing PFDs currently approved under approval series 160.060, 160.064, 160.076, or 160.077 could continue to manufacture and sell these PFDs, but would not approve new products under these approval series. At the same time, we are proposing to reformat the remaining text of subparts 160.060, 160.064, and 160.076, without amending the language, to align with the other subparts related to PFDs and increase the ease of understanding for the reader. To eliminate confusion over approval categories, we are proposing to relocate the requirements for throwable PFDs from subpart 160.064 to newly proposed subpart 160.045. Newly proposed subpart 160.045 would be dedicated to throwable PFDs intended for carriage on recreational boats. We propose to permit the use of inflatable compartments to meet the minimum required buoyancy in § 160.045–7. This proposed new subpart would incorporate by reference the ANSI/UL 1175 standard for inherently buoyant and inflatable throwable PFDs and the ANSI/UL 1123 standard for marine buoyant devices. The Coast Guard already approves throwable PFDs to these standards; we are formally incorporating them by reference in this rulemaking to increase clarity and transparency of the approval requirements. 3. Incorporate by Reference ANSI/CAN/ UL 9595 We propose to incorporate by reference new industry consensus standard ANSI/CAN/UL 9595, ‘‘Standard for factory follow-up of Personal Flotation Devices (PFDs)’’ (First Edition, June 4, 2020), into subparts 160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. This standard covers the basic elements of a production inspection program for various types of PFDs. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 21019 The Coast Guard currently requires a satisfactory follow-up (production testing and inspection) program administered by an independent laboratory recognized by the Coast Guard for each approved PFD. A task group of experts and stakeholders convened over the past decade to develop ANSI/CAN/UL 9595 to improve the consistency of follow-up programs among different recognized independent laboratories and to provide a binational harmonized standard for production testing acceptable to the Coast Guard and Transport Canada. ANSI/CAN/UL 9595 establishes a set of Process Ratings (A, B, and C) based on the quality management system (QMS) at each facility. Process Rating C is equivalent to current industry practice for followup programs and meets the current minimum requirements. Process Rating B is assigned to facilities with a good QMS including a Quality Manual that incorporates the requirements in ANSI/ CAN/UL 9595 but is not approved by a third party. Process Rating A is reserved for facilities that have demonstrated a superior QMS that meets International Organization for Standardization (ISO) standard ISO 9001 or a comparable quality standard, either by audits or acceptance of a third-party registration.6 For Process Rating C, ANSI/CAN/UL 9595 provides a minimum requirement for production inspections that is equivalent to the production inspection programs currently accepted by the Commandant. For Process Ratings A and B, this standard provides the option for the manufacturer to implement a QMS to reduce the number of inspections required. ANSI/CAN/UL 9595 sets forth roles and responsibilities; required tests, sample sizes, and acceptability criteria; and specific requirements for inspection frequency, traceability of components, critical dimensions verification, visual inspection of completed PFDs, and review of records. Annex A provides test methods and Annex B provides information on the elements of a QMS. We propose to include ANSI/CAN/UL 9595 in the newly proposed subparts and in existing subparts 160.055, 160.060, 160.064, and 160.076, to allow manufacturers that implement a QMS to be evaluated as Process Rating A or B, resulting in fewer required inspections. A QMS can result in greater production consistency, a reduction in defects and errors, increased efficiency, and continuous improvement. 6 For more information on process ratings, see the preliminary regulatory analysis in the docket. E:\FR\FM\07APP3.SGM 07APP3 21020 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules 4. Remove Obsolete Material and Relocate Pertinent Material We propose to remove subparts 160.002, 160.005, 160.047, 160.048, and 160.052, while also removing or relocating the entirety of subpart 160.001. Subpart 160.001 provides general requirements for all life preservers. Most of this information is either obsolete or found elsewhere in the CFR. We propose to delete subpart 160.001, preserving the still-pertinent information on production oversight by relocating it to § 160.055–15. Subpart 160.006 provides two paragraphs related to the repairing of life preservers. Subpart 160.006 is no longer relevant and is not referenced in any approval or carriage requirement; therefore, we propose to remove it. Subparts 160.002, 160.005, 160.047, and 160.048 provide specifications and requirements for kapok and fibrous glass life preservers. Subpart 160.052 provides specifications and requirements for a unicellular plastic foam buoyant vest. Manufacturers no longer produce any of these types of life preservers due to the unavailability of material, the advancement of foam technology, and improvements to the fit and function of PFDs industry-wide. With no current approvals for equipment under any of these subparts, these approval categories have become obsolete. Therefore, we propose to delete subparts 160.002, 160.005, 160.047, 160.048, and 160.052. All new PFD approvals would have to meet the requirements in proposed subparts 160.255, 160.264, and 160.276, which incorporate current industry standards. ddrumheller on DSK120RN23PROD with PROPOSALS3 5. Amend Lifesaving Equipment Carriage Requirements Where current carriage requirements specify approval series for PFDs, we propose to add the new proposed approval series, as applicable. The affected Subchapters are Subchapter C (uninspected commercial vessels), Subchapters K and T (small passenger vessels), Subchapter L (offshore supply vessels), Subchapter M (towing vessels), and Subchapter W (lifesaving appliances for certain inspected vessels). For example, according to the current requirements, an uninspected vessel carrying passengers for hire must have at least one PFD approved under approval series 160.055, 160.155, or 160.176 for each person on board. We propose to add approval series 160.255 to the list of approval series, to permit the use of PFDs approved under this new approval series. We are not VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 proposing to remove any of the currently accepted approval series from the carriage requirements. Therefore, it would not be necessary for owners and operators to purchase new equipment if their current equipment is in good and serviceable condition. We also propose to remove references to PFDs approved under approval series 160.177 because there have never been any approvals granted under that series. All new commercial PFDs, including commercial hybrid PFDs, would be approved under approval series 160.255. 6. Amend the Requirements for Instruction Pamphlets for PFDs We propose to amend the requirements for instruction pamphlets for PFDs in 33 CFR 181 to allow both pamphlets and placards to meet the requirements for information furnished with each PFD sold or offered for sale for use on recreational boats. As previously described, we propose to incorporate both ANSI/CAN/UL 12402– 4 and ANSI/CAN/UL 12402–5 with respect to the approval of PFDs. Both these standards require that a PFD include an informational placard in a pictographic format containing specific information on PFD performance, selection, approval, and maintenance, as well as general water safety information. To permit the placard to be used in place of the currently required pamphlet, the Coast Guard is proposing to add the term ‘‘placard’’ to 33 CFR 181.701–702. We also propose to remove 33 CFR 181.703, which requires that placards conform with UL 1123, and would add text to 33 CFR 181.702 specifying that a pamphlet or placard must meet the requirements in the applicable subpart of 46 CFR part 160 or be accepted by the Commandant. All currently approved PFDs have pamphlets or placards that have been accepted by the Commandant. Removing 33 CFR 181.703 would eliminate all references to UL 1123 in this subpart, so we would remove 33 CFR 181.4, which incorporates that standard, as well. Finally, we propose to remove the separate requirements for hybrid and inflatable PFDs in 33 CFR 181.704 and 181.705, respectively, and include requirements for all PFDs in 33 CFR 181.702. 7. Amend the Existing Regulatory Text To Make Editorial Corrections and Increase Clarity We propose to update the introductory IBR text, in accordance with current practice, in 46 CFR 160.055, 160.060, 160.064, and 160.076. We propose to amend table 28.110 to PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 replace ‘‘Do’’ (meaning ‘‘ditto’’) with the actual text to clarify the requirements in plain language, and to remove references to type codes from the table without modifying the intent or application of the requirements. We further propose to remove reference to approval series 160.177 in 46 CFR 108, 133 and 199, because this unused approval series does not exist, and to remove outdated provisions allowing cork and balsa wood lifejackets until March 11, 1999, from 46 CFR 117 and 180. Finally, we are proposing to consistently use the term ‘‘lifejacket’’ by amending instances of ‘‘life jacket’’ from two words to one. V. Incorporation by Reference Material proposed for IBR appears in 46 CFR 160.045, 160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. The standards proposed for IBR are summarized in section IV, paragraphs (1) through (3), of this preamble. They are: (1) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’). This standard specifies the basic elements of a production inspection program for various types of PFDs. (2) ANSI/CAN/UL 12402–4:2020, Standard for Personal Flotation Devices—Part 4: Lifejackets, Performance Level 100— Safety Requirements, First Edition, July 9, 2020 (‘‘ANSI/CAN/UL 12402–4’’). This standard specifies safety requirements for Level 100 lifejackets for use by adults, children, and infants. (3) ANSI/CAN/UL 12402–5:2022, Standard for Personal Flotation Devices—Part 5: Buoyancy Aids (Level 50)—Safety Requirements, First Edition, December 31, 2015 (including revisions through January 27, 2022) (‘‘ANSI/CAN/UL 12402–5’’). This standard specifies safety requirements for Level 50 and Level 70 buoyancy aids for use by children and adults. (4) ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh Edition, October 1, 2008 (including revisions through November 23, 2020) (‘‘ANSI/UL 1123’’). This standard specifies requirements for marine buoyant devices intended for recreational use. (5) ANSI/UL 1175, Standard for Buoyant Cushions, Fourth Edition, April 20, 2007 (including revisions through January 10, 2020) (‘‘ANSI/UL 1175’’). This standard specifies construction, performance, and markings requirements for inherently buoyant and inflatable throwable PFDs. These standards are reasonably available to, and usable by, the class of persons affected by this proposed rule. PFD manufacturing firms have access to these standards in their normal course of business. These standards are E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules available for free digital viewing with the creation of a free account at https:// shopulstandards.com. Copies of the material are also available for purchase from the publishers listed in 46 CFR 160.045, 160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. In addition, any person may view the standards at a Coast Guard facility, by making arrangements with the person in the FOR FURTHER INFORMATION CONTACT section of this preamble. Before publishing a final rule, we will submit this material to the Director of the Federal Register for approval of the IBR. We are also accepting comments on whether you use the substance of these standards, or if certain standards can be simply referenced where we no longer need to incorporate the full text of the reference. VI. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. We have prepared a full regulatory analysis (RA) based on these statutes and Executive orders and have placed it in the docket; a summary of our analysis follows. A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is 21021 necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget (OMB) has not designated this proposed rule a significant regulatory action under section 3(f) of Executive Order 12866. OMB has not reviewed this proposed rule. A regulatory analysis (RA) is available in the docket and a summary follows. Table 1 summarizes the impacts of this rulemaking. ddrumheller on DSK120RN23PROD with PROPOSALS3 TABLE 1—SUMMARY OF IMPACTS OF THE PROPOSED RULE Category Summary Applicability ............................................................................................... IBR of ANSI/CAN/UL 9595, ANSI/CAN/UL 12402–5, and ANSI/CAN/UL 12402–4. Affected Population .................................................................................. 2 recognized independent laboratories (1 U.S. and 1 foreign), 57 PFD manufacturing firms (37 U.S. and 20 foreign), the Coast Guard, recreational vessel operators, and commercial vessel operators. Costs to U.S. Firms ($2019, 7% discount rate) ....................................... 10-year total: $1,401,108. Annualized: $199,486. Costs to Foreign Firms ($2019, 7% discount rate) .................................. 10-year total: $340,229. Annualized: $48,441. Total Costs ($2019, 7% discount rate) .................................................... 10-year total: $1,741,338. Annualized: $247,927. Cost Savings to U.S. Firms ($2019, 7% discount rate) ........................... 10-year total: $5,841,460. Annualized: $831,693. Cost Savings to Foreign Firms ($2019, 7% discount rate) ...................... 10-year total: $1,453,901. Annualized: $207,003. Cost Savings to the U.S. Government ($2019, 7% discount rate) .......... 10-year total: $27,414. Annualized: $3,903. Total Cost Savings to All Entities ($2019, 7% discount rate) .................. 10-year total: $7,322,776. Annualized: $1,042,599. Net Cost Savings to U.S. Firms ($2019, 7% discount rate) .................... 10-year total: $18,405,217. Annualized: $2,620,489. Net Cost Savings to Foreign Firms ($2019, 7% discount rate) ............... 10-year total: $4,401,743. Annualized: $626,709. Net Cost Savings to the U.S. Government ($2019, 7% discount rate) ... 10-year total: $22,806,961. Annualized: $3,247,198. Net Cost Savings to All Entities ($2019, 7% discount rate) .................... 10-year total: $4,440,352. Annualized: $632,206. Unquantified Benefits ............................................................................... The newer performance-based standards would allow for the development of more innovative PFD designs that might better meet boaters’ needs. New PFD designs that may be more form fitting, in addition to the requirement that Level 50 devices be worn to count for carriage, could lead to higher PFD wear rates and additional lives saved from drowning. Placards are cheaper to produce than pamphlets and provide pictorial instructions, understandable by non-English reading populations. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21022 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS3 The Coast Guard proposes to harmonize its approval process for PFDs with that of Canada, resulting in cost savings from eliminating duplicative requirements. The proposed rule would introduce harmonized performance standards instead of design standards for PFDs, allowing manufacturers the opportunity to produce more innovative equipment that meets the approval requirements of both Canada and the United States. The proposed rule would amend PFD approval and follow-up program requirements by incorporating three new binational standards into regulations, amend PFD carriage requirements to allow for the use of equipment approved to the new standards, and remove obsolete equipment approval requirements. The proposed performance-based standards are more current and intended to replace the legacy design standards. The proposed amendments would streamline the process for approval of PFDs and allow manufacturers the opportunity to produce more innovative equipment that meets the approval requirements of Canada and the United States, while reducing the burden for manufacturers in the approval process and follow-up program. Specifically, the Coast Guard proposes to incorporate by reference the following binational industry consensus standards: 1. ANSI/CAN/UL 12402–4. This binational standard specifies the safety requirements for lifejackets that provide face-up flotation for use in sheltered or calm water, where users may have to wait for rescue. A lifejacket meeting the requirements of ANSI/CAN/UL 12402–4 provides an equivalent level of safety to VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 a lifejacket currently approved under 46 CFR subpart 160.055. 2. ANSI/CAN/UL 12402–5. This binational standard specifies the safety requirements for buoyancy aids used in sheltered waters with help and rescue nearby. A PFD meeting the requirements of ANSI/CAN/UL 12402–5 provides an equivalent level of safety as a PFD currently approved under 46 CFR 160.064 or 160.076. 3. ANSI/CAN/UL 9595. This binational standard covers the basic elements of a production inspection program for various types of PFDs, and formalizes and modifies current industry standards. Additionally, the Coast Guard proposes to incorporate two national standards (ANSI/UL/1123 and ANSI/ UL/1175) and to amend numerous CFR parts to remove obsolete PFD design standards and update carriage requirements to include PFDs approved to the new proposed subparts. As mentioned earlier, ANSI/UL/1123 and ANSI/UL/1175 are both currently in use as a matter of policy and are being incorporated by reference for the sake of clarity, so we do not estimate any costs or benefits from their incorporation by reference into the CFR. Similarly, we do not anticipate any quantifiable costs or benefits from the removal of obsolete design standards, as these design standards are not currently in use. Affected Population To determine the affected population of the rule, it is first necessary to describe the economic impacts from this proposed rule. The economic impacts would stem from the following proposed provisions: PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 (1) The IBR of ANSI/CAN/UL 12402– 4 in 46 CFR 160.255 to replace the design requirements in 46 CFR 160.055. (2) The IBR of ANSI/CAN/UL 12402– 5 in 46 CFR 160.264 and 160.276 to replace the design standards in 46 CFR 160.064, 160.076, and 160.077. (3) The IBR of ANSI/CAN/UL 9595 for follow-up service into the PFD approval requirements of existing subparts 46 CFR 160.055, 160.060, 160.064, 160.076 and new proposed subparts of 46 CFR 160.045, 160.255, 160.264, and 160.276. (4) The proposed edits to 33 CFR 181 subpart G, which would permit manufacturers of all PFDs to provide placards instead of information pamphlets. These four provisions would affect PFD manufacturers, the two recognized independent laboratories, and the Coast Guard. Before we present the affected population for each of these provisions, we present the overall PFD manufacturing firm population. As of 2021, there are over 800 models of PFDs approved by the Coast Guard, manufactured by 57 separate manufacturing firms worldwide.7 Based on a review of publicly available information across the 57 manufacturing firms, the Coast Guard estimates that 37 are U.S. firms and 20 are foreign firms. Market share and production volumes are not equal across the firms.8 7 The Coast Guard lists all approved products on the Coast Guard Maritime Information Exchange website, https://cgmix.uscg.mil/. 8 We used the headquarters location of a firm’s parent company, as indicated on the company website, to determine whether a firm was U.S. or foreign. E:\FR\FM\07APP3.SGM 07APP3 21023 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 2—DISTRIBUTION OF MARKET SHARE OF PFD MANUFACTURERS Total market share (%) Manufacturing firms U.S. firm market share (%) Foreign firm market share (%) Top 5 Manufacturing Firms ......................................................................................................... Manufacturing Firms 6–13 ........................................................................................................... All Other Manufacturing Firms ..................................................................................................... 75 20 5 65.00 12.50 3.20 10.00 7.50 1.80 Total ...................................................................................................................................... 100 80.70 19.30 The first provision, the IBR of ANSI/ CAN/UL 12402–4, would affect three populations: (1) PFD manufacturers that would seek approval to manufacture devices meeting the requirements of ANSI/CAN/ UL 12402–4; (2) The two recognized independent laboratories that would review and certify these devices; and (3) The Coast Guard, which would correspond with the recognized independent laboratories and manufacturers on device approval. In table 3, we list the number of PFD manufacturing firms that would be affected by ANSI/CAN/UL 12402–4. We estimate that each of the top 13 firms would produce ANSI/CAN/UL 12402–4 devices or components of those devices at 2 facilities each and firms outside of the top 13 firms would produce ANSI/ CAN/UL 12402–4 devices at 1 facility each.9 TABLE 3—MANUFACTURING FIRMS AND FACILITIES IMPACTED BY ANSI/CAN/UL 12402–4 Firm ownership U.S. firms Foreign firms U.S. associated facilities Foreign facilities Total facilities Firms in top 13 ......................................................... All other firms ........................................................... 5 4 3 2 10 4 6 2 16 6 Total facilities .................................................... 9 5 14 8 22 In the second provision, by incorporating by reference ANSI/CAN/ UL 12402–5, the Coast Guard would introduce new categories for youth inflatables and Level 50 PFDs for approval. Permitting youth inflatables and Level 50 devices would affect three populations: (1) PFD manufacturers that would seek Coast Guard approval to produce youth inflatables or Level 50 devices; (2) The two recognized independent laboratories that would review and certify youth inflatables and Level 50 devices; and (3) The boating public that would purchase youth inflatables or Level 50 devices instead of Level 70 or Type III devices, because youth inflatables and Level 50 devices are likely to be more form-fitting than Level 70 or Type III devices. In the third provision, the Coast Guard intends to incorporate by reference ANSI/CAN/UL 9595 covering production inspections and inspection frequency into multiple newly proposed and existing subparts in Title 46, as listed in table 4. TABLE 4—PFDS IMPACTED BY ANSI/CAN/UL 9595 Subpart ddrumheller on DSK120RN23PROD with PROPOSALS3 160.045 160.255 160.264 160.276 160.055 160.060 160.064 160.076 Proposed or existing subpart PFD type ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... Throwable PFDs ........................................................................................................... Level 100 PFDs ............................................................................................................ Inherently Buoyant Level 50 and Level 70 PFDs ......................................................... Inflatable Level 50 and Level 70 PFDs ........................................................................ Life Preservers .............................................................................................................. Buoyant Vests ............................................................................................................... Marine Buoyant Devices ............................................................................................... Inflatable PFDs .............................................................................................................. Proposed. Proposed. Proposed. Proposed. Existing. Existing. Existing. Existing. ANSI/CAN/UL 9595 establishes a set of Process Ratings (A, B, and C) based on the QMS at each facility. Process Rating C is assigned to facilities with a minimally compliant QMS. The requirements for Process Rating C are equivalent to the current minimum requirements. Process Rating B is assigned to facilities with a good QMS, and Process Rating A is reserved for facilities that have demonstrated a superior QMS. Because Process Rating C is equivalent to current industry practice, the affected population for the IBR of ANSI/CAN/UL 9595 would be 9 The PFD manufacturing firm does not necessarily own the facilities where its products are produced. Instead, the facility may be producing PFDs on contract for the PFD manufacturing firm. Additionally, much production for U.S. firms occurs at overseas facilities. We call these ‘‘U.S. Associated Facilities’’ not because they are in the United States but because they have a longstanding relationship with U.S. firms, while ‘‘Foreign Facilities’’ have longstanding relationships with foreign firms. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21024 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules any PFD manufacturer producing a device approved under one of the subparts listed in table 4 and eligible to gain a Process Rating of A or B. In table 5, we estimate the market share likely to be at Process Rating A, B, or C and whether they are foreign or domestic firms.10 Because a QMS system is expensive to set up, industry stakeholders informed the Coast Guard that firms are not expected to develop a QMS solely to secure the cost savings of ANSI/CAN/UL 9595. However, a number of firms have already established QMS systems at their facilities because of other benefits, such as production consistency and quality control. The firms that have already established a QMS system would experience net cost savings from the proposed IBR of ANSI/CAN/UL 9595. As a result, we estimate the process rating distribution recorded in table 5. TABLE 5—MARKET SHARE OF PRODUCTION LIKELY TO BE AT EACH PROCESS RATING Market share (%) Firm category Process rating U.S. Firms ................................................................................................................................................................ Foreign Firms ........................................................................................................................................................... U.S. Firms ................................................................................................................................................................ Foreign Firms ........................................................................................................................................................... U.S. and Foreign Firms ........................................................................................................................................... A A B B C 26.5 15.0 51.0 2.5 5.0 ........................ 100.0 Total .................................................................................................................................................................. The fourth provision, permitting the option for placards to replace instruction pamphlets, would affect all firms manufacturing PFDs approved to any of the categories in table 6 that list placards as permitted under the proposed rule. TABLE 6—DEVICE CATEGORY AND PERMITTED INSTRUCTION TYPES Device category Types of instructions allowed by the proposed rule Types of instructions currently in use New Level 50 Devices (ANSI/CAN/UL 12402–5) ................................... Placard ........................................... New Level 70 Devices (ANSI/CAN/UL 12402–5) ................................... New Level 100 Devices (ANSI/CAN/UL 12402–4) ................................. Placard ........................................... Placard ........................................... Existing Existing Existing Existing Placard or Information Pamphlet ... Placard or Information Pamphlet ... Placard or Information Pamphlet ... Information Pamphlet .................... N/A because these devices are not yet produced. Placard. N/A because these devices are not yet produced. Information Pamphlet. Information Pamphlet. Information Pamphlet. Information Pamphlet. Type Type Type Type I Commercial Devices ...................................................... II Recreational Devices .................................................... III Recreational Devices ................................................... IV Throwable Devices ...................................................... ANSI/CAN/UL 12402–4 There are two sources of costs from this provision: (1) independent laboratories would need to train their staff to these new standards and (2) manufacturing firms that intend to sell in only one market (the United States or Canada) would experience additional costs due to an increase in the cost of testing according to ANSI/CAN/UL 12402–4 when compared to the cost of testing to the legacy standards.11 We provide our estimate for the total costs of the proposed IBR of ANSI/CAN/ UL 12402–4 to U.S. firms in table 7. These costs would include $25,000 paid by independent laboratories in the first year to develop the instructions and manuals on how to conduct the new ANSI/CAN/UL 12402–4 testing and the estimated $1,406 per year manufacturers would spend on the more expensive ANSI/CAN/UL 12402–4 certification as opposed to the legacy certification.12 10 The process rating applies to a facility owned by a PFD manufacturing firm. The lowest process rating is C; if manufacturers seek a higher process rating of A or B, then an independent laboratory must certify that each facility owned by a manufacturing firm meets the standard of the higher rating, which is determined through an audit of a facility. A PFD manufacturing firm incurs the cost of a higher process rating at each facility. A PFD manufacturing firm who currently has a QMS (at least partially in place) would be able to seek a higher process rating, A or B, for each facility it owns (process rating C is the current baseline or default rating and represents the current inspection volume at facilities). A separate QMS inspection or audit is necessary for this to occur. A higher process rating would result in a reduction in the inspection volume at facilities, which would save PFD manufacturing firms money. 11 We estimate the increase in the cost of testing based upon data provided by representatives of independent laboratories. 12 We estimate the cost of Level 100 testing and approval to be about $44,280 and we estimate the cost for the new Type I approval to be about $40,000. The Coast Guard estimates 0.45 new approvals annually for products intended for sale exclusively in the United States. Therefore, the total additional cost to manufacturers for the more expensive Level 100 certification would be about $1,926 ($4,280 × 0.45). There are currently 51 products approved as Type I devices under 46 CFR part 160.055, of which 37 (73 percent) are produced by U.S. PFD firms and 14 (27 percent) are produced by foreign PFD firms. Therefore, we estimate the cost to U.S. PFD firms for the new UL 12402–4 approval would be about $1,406 annually ($1,926 × 0.73). We estimate the cost to foreign PFD firms would be about $520 ($1,926 × 0.27) annually. ddrumheller on DSK120RN23PROD with PROPOSALS3 Costs VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21025 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 7—ESTIMATED COSTS TO U.S. FIRMS FOR LEVEL 100 DEVICES UNDER STANDARD ANSI/CAN/UL 12402–4 [2019 dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $26,406 1,406 1,406 1,406 1,406 1,406 1,406 1,406 1,406 1,406 $24,678 1,228 1,148 1,073 1,002 937 876 818 765 715 $25,637 1,325 1,287 1,249 1,213 1,177 1,143 1,110 1,078 1,046 Total ...................................................................................................................................... 39,060 33,240 36,265 Annualized ............................................................................................................................ ........................ $4,733 $4,251 We present the 10-year total costs to foreign firms from the proposed IBR of ANSI/CAN/UL 12402–4 in table 8. Foreign firms would only experience the additional approval costs of $520 per year. TABLE 8—ESTIMATED COSTS TO FOREIGN FIRMS FOR LEVEL 100 DEVICES UNDER STANDARD ANSI/CAN/UL 12402–4 [2019 dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $520 520 520 520 520 520 520 520 520 520 $486 454 424 397 371 347 324 303 283 264 $505 490 476 462 449 436 423 411 399 387 Total ...................................................................................................................................... 5,200 3,652 4,436 Annualized ............................................................................................................................ ........................ 520 520 We present the 10-year total costs to U.S. and foreign firms from the proposed IBR of ANSI/CAN/UL 12402– 4 in table 9. TABLE 9—ESTIMATED TOTAL COST TO ALL FIRMS FOR LEVEL 100 DEVICES UNDER STANDARD ANSI/CAN/UL 12402–4 [2019 dollars, 10-year period of analysis] Total undiscounted costs ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $26,926 1,926 1,926 1,926 1,926 1,926 1,926 1,926 1,926 1,926 $25,164 1,682 1,572 1,469 1,373 1,283 1,199 1,121 1,048 979 $26,142 1,815 1,763 1,711 1,661 1,613 1,566 1,520 1,476 1,433 Total ...................................................................................................................................... 44,260 36,892 40,701 Annualized ............................................................................................................................ ........................ 5,253 4,771 VerDate Sep<11>2014 23:19 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21026 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Cost Savings By adopting ANSI/CAN/UL 12402–4, the Coast Guard would be able to harmonize commercial PFD requirements of the United States with those of Transport Canada. Harmonization of commercial PFD standards would lead to cost savings for PFD manufacturing firms through less expensive approval requirements and less frequent ongoing facility inspections. Additionally, as a performance-based standard ANSI/CAN/UL 12402–4 would allow for more innovative designs than the current standards and regulations. The newer performance-based standards would allow for the development of more innovative PFD designs that might better meet boaters’ needs. The adoption of a performance-based standard would spare the Coast Guard from making the equivalency determinations frequently necessary when using the current prescriptive requirements. Consequently, the Coast Guard would experience time savings from reducing the review time of new device applications during the approval process. In total, we estimate three sources of quantifiable benefits in the form of cost savings associated with the proposed IBR of ANSI/CAN/UL 12402–4: (1) The Coast Guard would spend less time reviewing approval applications and making equivalency determinations for the approval of innovative PFDs because ANSI/CAN/UL 12402–4 is a performance-based rather than prescriptive standard and would allow more innovative designs to meet the standard; (2) All firms that would apply for approval in both Canadian and United States markets would save the difference between one certification to ANSI/CAN/UL 12402–4 and separate United States and Canadian certifications to legacy standards; and (3) Manufacturing facilities producing devices meeting the requirements of ANSI/CAN/UL 12402–4 for the United States and Canadian markets could be inspected just once for both United States and Canadian approval instead of the current requirement to be inspected twice, once for United States approval and once for Canadian approval. We summarize the total quantified benefits for the cost savings of the proposed IBR of ANSI/CAN/UL 12402– 4 by reporting the annual undiscounted cost savings in table 10. TABLE 10—ESTIMATED ANNUAL COST SAVINGS OF ANSI/CAN/UL 12402–4 TO THE INDUSTRY AND THE U.S. GOVERNMENT [2019 Dollars] Cost savings to U.S. entities Annual cost savings item Cost savings to foreign entities Value of Coast Guard time saved ........................................................................................................................... Canadian and United States approval savings ....................................................................................................... Billed facility inspection savings .............................................................................................................................. Quality manager’s time saved ................................................................................................................................. $3,903 23,551 13,129 3,054 $0 8,711 7,502 1,182 Total .................................................................................................................................................................. 43,637 17,395 In table 11 and table 12, we record the 10-year cost savings from the proposed adoption of ANSI/CAN/UL 12402–4 to U.S. and foreign firms, separately. In table 13, we record the total 10-year cost savings from this proposed provision to the U.S. government. TABLE 11—ESTIMATED COST SAVINGS TO U.S. FIRMS FROM ANSI/CAN/UL 12402–4 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $39,734 39,734 39,734 39,734 39,734 39,734 39,734 39,734 39,734 39,734 $37,135 34,705 32,435 30,313 28,330 26,476 24,744 23,126 21,613 20,199 $38,577 37,453 36,362 35,303 34,275 33,277 32,307 31,366 30,453 29,566 Total ...................................................................................................................................... 397,340 279,075 338,939 Annualized ............................................................................................................................ ........................ 39,734 39,734 VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21027 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 12—ESTIMATED COST SAVINGS TO FOREIGN FIRMS FROM ADOPTING ANSI/CAN/UL 12402–4 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $17,395 17,395 17,395 17,395 17,395 17,395 17,395 17,395 17,395 17,395 $16,257 15,193 14,200 13,271 12,402 11,591 10,833 10,124 9,462 8,843 $16,888 16,396 15,919 15,455 15,005 14,568 14,144 13,732 13,332 12,944 Total ...................................................................................................................................... 173,950 122,175 148,383 Annualized ............................................................................................................................ ........................ 17,395 17,395 TABLE 13—ESTIMATED COST SAVINGS TO THE UNITED STATES GOVERNMENT OF ANSI/CAN/UL 12402–4 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 $3,648 3,409 3,186 2,978 2,783 2,601 2,431 2,272 2,123 1,984 $3,789 3,679 3,572 3,468 3,367 3,269 3,174 3,081 2,991 2,904 Total ...................................................................................................................................... 39,032 27,414 33,295 Annualized ............................................................................................................................ ........................ 3,903 3,903 In table 14, we record the total discounted, 10-year cost savings to the U.S. and foreign PFD industry for the ANSI/CAN/UL 12402–4 portion of this proposed rule. We estimate this proposed provision would save the U.S. and foreign PFD industry about $57,129 annually and produce cost savings for the industry of about $401,250 over a 10-year period of analysis using a 7percent discount rate. TABLE 14—TOTAL ESTIMATED COST SAVINGS TO INDUSTRY OF THE PROPOSED RULE FOR ANSI/CAN/UL 12402–4 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $57,129 57,129 57,129 57,129 57,129 57,129 57,129 57,129 57,129 57,129 $53,392 49,899 46,634 43,583 40,732 38,067 35,577 33,250 31,074 29,041 $55,465 53,850 52,281 50,758 49,280 47,845 46,451 45,098 43,785 42,509 Total ...................................................................................................................................... 571,290 401,250 487,322 Annualized ............................................................................................................................ ........................ 57,129 57,129 VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21028 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules ANSI/CAN/UL 12402–5 Costs The PFD industry would also incur an increase in costs from this proposed rule because, based on consultation with industry experts, we estimate this rule would increase the PFD market by 5 percent (meaning manufacturing firms would seek new device approvals and produce more devices).13 The Coast Guard requests public comment on the possibility that this rule would increase the PFD market by 5 percent. We estimate the costs of this proposed provision as the costs of the additional device approvals and the costs of the additional production inspections for the greater volume of production that we estimate this rule would generate.14 We present in table 15, table 16, and table 17 the discounted costs of introducing Level 50 devices over the 10-year period of analysis to U.S. firms, foreign firms, and all firms, respectively. The tables include the estimated costs of Level 50 devices approved and inspected under the current inspections regime. In Year 1, undiscounted costs would only be the costs of Level 50 approval for manufacturers, or $521,751 for U.S. manufacturers and $124,781 for foreign manufacturers. For Year 2, the undiscounted costs would be the costs of Level 50 approvals to manufacturers ($521,751 for U.S. firms and $124,781 for foreign firms) plus the cost of inspections ($29,325 for U.S. firms and $6,516 for foreign firms), for a total of about $551,076 ($521,751 + $29,325) to U.S. firms and $131,297 ($124,781 + $6,516) to foreign firms. In Years 3–10, the costs would be the cost of inspections of $71,682 ($58,650 for U.S. firms and $13,032 for foreign firms). The estimated 10-year cost discounted at 7 percent would be $1,274,842 or $181,509 annualized for U.S. firms, and the 10-year cost discounted at 7 percent would be $299,267 or $42,609 annualized for foreign firms. TABLE 15—ESTIMATED COSTS TO U.S. FIRMS FROM INTRODUCING LEVEL 50 DEVICES [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $521,751 551,076 58,650 58,650 58,650 58,650 58,650 58,650 58,650 58,650 $487,618 481,331 47,876 44,744 41,817 39,081 36,524 34,135 31,902 29,815 $506,554 519,442 53,673 52,110 50,592 49,118 47,688 46,299 44,950 43,641 Total ...................................................................................................................................... 1,542,027 1,274,842 1,414,068 Annualized ............................................................................................................................ ........................ 181,509 165,772 TABLE 16—ESTIMATED COSTS TO FOREIGN FIRMS FROM THE INTRODUCTION OF LEVEL 50 DEVICES [2019 Dollars, 10-year period of analysis] Total undiscounted costs ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $124,781 131,297 13,032 13,032 13,032 13,032 13,032 13,032 13,032 13,032 $116,618 114,680 10,638 9,942 9,292 8,684 8,116 7,585 7,089 6,625 $121,147 123,760 11,926 11,579 11,242 10,914 10,596 10,288 9,988 9,697 Total ...................................................................................................................................... 360,334 299,267 331,136 Annualized ............................................................................................................................ ........................ 42,609 38,819 13 As part of our discussion with PFD manufacturing firms, we asked their representatives whether the introduction of Level 50 devices would lead to a net growth in the PFD market (inclusive of substitution out of existing types of products). Manufacturing firm representatives stated that they VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 would expect the PFD market would grow by about 5 percent from this provision. We interpret the 5 percent growth as a one-time growth in the level of manufacturing spread over a 2-year period. 14 We estimate the additional production inspections based on the current production PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 inspection requirements, and we estimate the reduction in these inspections through the proposed incorporation by reference of ANSI/CAN/ UL 9595 in its associated section. E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules 21029 TABLE 17—TOTAL ESTIMATED COSTS TO PFD MANUFACTURERS FROM THE INTRODUCTION OF LEVEL 50 DEVICES [2019 Dollars, 10-year period of analysis] Total undiscounted costs ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $646,532 682,373 71,682 71,682 71,682 71,682 71,682 71,682 71,682 71,682 $604,236 596,011 58,514 54,686 51,108 47,765 44,640 41,720 38,990 36,439 $627,701 643,202 65,599 63,689 61,834 60,033 58,284 56,586 54,938 53,338 Total ...................................................................................................................................... 1,902,361 1,574,109 1,745,204 Annualized ............................................................................................................................ ........................ 224,118 204,591 Qualitative Benefits of ANSI/CAN/UL 12402–5 The Coast Guard believes that the proposed introduction of Level 50 devices coupled with the requirement to wear them if they are to count for the purposes of PFD carriage requirements may lead to an unquantifiable increase in PFD wear rates among recreational boaters and thereby potentially decrease the rate of drowning. The Coast Guard requests public comment on whether Level 50 devices could lead to an increase in PFD wear rates among recreational boaters. Drowning is the leading cause of death in recreational boating accidents, accounting for 79 percent of all recreational boating casualties where we know the cause of death.15 Of those who drowned, 86 percent were not wearing a lifejacket. Wearing a lifejacket is one of the best means available of preventing accidental drowning in recreational boating. Unfortunately, recreational boaters only wear lifejackets about 24 percent of the time.16 Level 50 devices are likely to be slimmer, lighter in weight, and more comfortable to wear than current Type III and Level 70 devices. Additionally, the Coast Guard would require recreational boaters to wear Level 50 devices to count towards PFD carriage requirements. Individuals who purchase Level 50 devices would be more likely to wear PFDs than similar individuals who purchase bulkier Level 70 or Type III devices without a requirement that 15 United States Coast Guard, ‘‘2019 Recreational Boating Statistics.’’ https://uscgboating.org/library/ accident-statistics/Recreational-Boating-Statistics2019.pdf. 16 United States Coast Guard, ‘‘2019 Life Jacket Wear Rate Observation Study.’’ https:// uscgboating.org/library/national-live-jacket-wearstudy/2019-Life-Jacket-Wear-Rate-Report.pdf. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 they be worn for the purposes of carriage. The National Institutes of Health (NIH) conducted a literature review, and among other factors, found discomfort to be negatively associated with lifejacket wear [NIH, 2018].17 It is the Coast Guard’s view that PFDs worn are more effective than PFDs carried on board if a man overboard situation occurs. As a result, it is possible that the public would be safer due to recreational boaters wearing a greater number of PFDs while boating. Since the Level 50 devices provide a lower level of buoyancy than Level 70 devices, a direct comparison is not possible. However, the view of the subject matter experts in the Coast Guard’s Office of Boating Safety is that the wearing of Level 50 PFDs by recreational boaters and the general boating public would improve safety on the water. Recreational boaters fail to wear lifejackets 76 percent of the time, leaving themselves vulnerable to drowning. The Coast Guard believes that by offering recreational boaters an additional choice of a Level 50 PFD, which is required to be worn, more recreational boaters will choose to wear their lifejacket while engaged in boating activities. A lifejacket that is worn by the user is more effective than a lifejacket stowed on the boat. ANSI/CAN/UL 9595 The third proposed change incorporates by reference the consensus standard ANSI/CAN/UL 9595 to cover follow-up inspections and inspection frequency for Coast Guard approved PFDs. Currently, when a manufacturing 17 We cited this review from the NIH earlier in the preamble in footnote number 2. Readers should reference that footnote for a link to this article and other articles by the NIH for more information on PFD usage. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 firm produces a Coast Guard approved PFD there is a required follow-up inspection regime to ensure that the devices continue to meet the specifications under which the Coast Guard approved them. Although the Coast Guard has not previously published a substantive minimum requirement for what constitutes a follow-up inspections regime, we set out general requirements in 46 CFR 159, 46 CFR 160.064–4, and 46 CFR 160.076–29. The Coast Guard reviews each recognized independent laboratory’s follow-up services program to ensure compliance with these regulations. Incorporating by reference ANSI/ CAN/UL 9595 would provide a few key benefits to the regulated public and the testing laboratories. First, ANSI/CAN/ UL 9595 is one standard to ensure consistency across all accepted and recognized independent laboratories. Second, ANSI/CAN/UL 9595 is a standard that would be widely available to the industry and transparently clarifies guidance on what constitutes a follow-up inspection regime. Third, and most importantly, ANSI/CAN/UL 9595 establishes a rating system for each facility, which would result in cost savings for the firms manufacturing at facilities with a good or superior QMS. Costs There are three cost items associated with the proposed adoption of ANSI/ CAN/UL 9595. These costs are based on input from subject matter experts from the PFD industry on how ANSI/CAN/ UL 9595 is likely to be implemented: (1) The two recognized independent laboratories would need to train their staff to implement ANSI/CAN/UL 9595; (2) Manufacturing firms could request a special inspection in the first year to certify their QMS at a given facility E:\FR\FM\07APP3.SGM 07APP3 21030 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules meets the requirements for Process Rating of A or B. We expect the top 13 firms to request this certification across all 27 facilities at which they manufacture. This special inspection would be expected to be in addition to the regular production inspections required for Process Rating C; and (3) After the first year where the QMS inspection would be supplemental to standard inspections, the QMS inspection could replace one of the mandatory inspections, but could cost more than a standard inspection at the top 13 firms with 27 facilities. We estimate the 10-year discounted cost for inspections under this proposed provision that are associated with U.S. firms would be approximately $93,027, or $13,245 annualized using a 7-percent discount rate. We estimate the total 10year discounted cost for inspections that are associated with foreign firms would be approximately $37,310, or $3,000 annualized using a 7-percent discount rate. In total, we estimate the 10-year discounted costs from ANSI/CAN/UL 9595 would be $130,337 or $18,557 annualized using a 7-percent discount rate. We present these amounts in table 18, table 19, and table 20. TABLE 18—ESTIMATED QMS INSPECTION COSTS TO U.S. FIRMS FROM ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $53,118 7,125 7,125 7,125 7,125 7,125 7,125 7,125 7,125 7,125 $49,643 6,223 5,816 5,436 5,080 4,748 4,437 4,147 3,876 3,622 $51,571 6,716 6,520 6,330 6,146 5,967 5,793 5,625 5,461 5,302 Total ...................................................................................................................................... 117,243 93,027 105,431 Annualized ............................................................................................................................ ........................ 13,245 12,360 TABLE 19—ESTIMATED QMS INSPECTION COSTS TO FOREIGN FIRMS FROM ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $20,376 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 $19,043 2,620 2,449 2,289 2,139 1,999 1,868 1,746 1,632 1,525 $19,783 2,828 2,745 2,665 2,588 2,512 2,439 2,368 2,299 2,232 Total ...................................................................................................................................... 47,376 37,310 42,461 Annualized ............................................................................................................................ ........................ 5,312 4,978 TABLE 20—TOTAL ESTIMATED QMS INSPECTION COSTS FOR ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted costs ddrumheller on DSK120RN23PROD with PROPOSALS3 Year 1 2 3 4 5 6 7 8 9 ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 $73,494 10,125 10,125 10,125 10,125 10,125 10,125 10,125 10,125 E:\FR\FM\07APP3.SGM 07APP3 Discounted costs 7% $68,686 8,844 8,265 7,724 7,219 6,747 6,305 5,893 5,507 3% $71,353 9,544 9,266 8,996 8,734 8,480 8,233 7,993 7,760 21031 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 20—TOTAL ESTIMATED QMS INSPECTION COSTS FOR ANSI/CAN/UL 9595—Continued [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 10 ................................................................................................................................................. 10,125 5,147 7,534 Total ...................................................................................................................................... 164,619 130,337 147,892 Annualized ............................................................................................................................ ........................ 18,557 17,337 Cost Savings The proposed IBR of ANSI/CAN/UL 9595 would generate benefits in the form of cost savings for PFD manufacturing firms who have a QMS in place. Manufacturers with an audited QMS would be able to secure a higher Process Rating, which in turn, would reduce the frequency of production inspections for PFDs based upon their higher Process Rating. We estimate this proposed provision would generate benefits in the form of cost savings for U.S. firms of $5,562,385, or $791,959 annualized, over a 10-year period of analysis using a 7-percent discount rate, and we similarly estimate cost savings of $1,331,726, or $189,608 annualized, to foreign firms over a 10- year period of analysis discounted at 7 percent. In total, we estimate $6,894,111, or $981,566 annualized, in cost savings to all firms under this proposed provision using a 10-year period of analysis and a 7-percent discount rate. We present these 10-year cost savings to U.S., foreign, and both U.S. and foreign firms in table 21, table 22, and table 23, respectively. TABLE 21—ESTIMATED COST SAVINGS TO U.S. FIRMS FROM ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $0 897,438 916,206 916,206 916,206 916,206 916,206 916,206 916,206 916,206 $0 783,857 747,897 698,969 653,242 610,506 570,567 533,240 498,355 465,752 $0 845,921 838,458 814,037 790,327 767,308 744,959 723,261 702,195 681,743 Total ...................................................................................................................................... 8,227,082 5,562,385 6,908,209 Annualized ............................................................................................................................ ........................ 791,959 809,853 TABLE 22—ESTIMATED COST SAVINGS TO FOREIGN FIRMS FROM ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted cost savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $0 214,989 219,333 219,333 219,333 219,333 219,333 219,333 219,333 219,333 $0 187,780 179,041 167,328 156,382 146,151 136,590 127,654 119,303 111,498 $0 202,648 200,721 194,875 189,199 183,688 178,338 173,144 168,101 163,204 Total ...................................................................................................................................... 1,969,655 1,331,726 1,653,917 Annualized ............................................................................................................................ ........................ 189,608 193,890 VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21032 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 23—ESTIMATED COST SAVINGS TO ALL FIRMS FROM ANSI/CAN/UL 9595 [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $0 1,112,427 1,135,539 1,135,539 1,135,539 1,135,539 1,135,539 1,135,539 1,135,539 1,135,539 $0 971,637 926,938 866,297 809,623 756,657 707,156 660,894 617,658 577,250 $0 1,048,569 1,039,179 1,008,912 979,526 950,996 923,297 896,405 870,296 844,948 Total ...................................................................................................................................... 10,196,737 6,894,111 8,562,126 Annualized ............................................................................................................................ ........................ 981,566 1,003,742 Placards in Lieu of Information Pamphlets The fourth change in the proposed rule comes from details contained within ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5. These standards specify requirements for a placard to be attached to all devices certified to those standards. The placard provides information on PFDs’ performance, selection, and approval, warnings, maintenance, and general water safety information in a pictographic format. This proposed rule would amend 33 CFR 181 to permit manufacturing firms to use a placard in lieu of the informational pamphlet. Costs For the convenience of the reader, table 24 reproduces table 6 from the Affected Population section to list the various types of PFDs impacted by this rule, and whether they would be required to use placards to covey safety instructions or whether they could use either placards or information pamphlets.18 TABLE 24—DEVICE CATEGORY AND PERMITTED INSTRUCTION TYPES Device category Types of instructions allowed by the proposed rule Types of instructions currently in use New Level 50 Devices (ANSI/CAN/UL 12402–5) .............. New Level 70 Devices (ANSI/CAN/UL 12402–5) .............. New Level 100 Devices (ANSI/CAN/UL 12402–4) ............ Existing Type I Commercial Devices ................................. Existing Type II Recreational Devices ............................... Existing Type III Recreational Devices .............................. Existing Type IV Throwable Devices ................................. Placard ........................................ Placard ........................................ Placard ........................................ Placard or Information Pamphlet Placard or Information Pamphlet Placard or Information Pamphlet Information Pamphlet .................. N/A because these devices are not yet produced. Placard. N/A because these devices are not yet produced. Information Pamphlet. Information Pamphlet. Information Pamphlet. Information Pamphlet. There are two sources of unquantified benefits from the proposed requirement for the use of placards on new device categories and the proposed permitting of placard use on existing device categories. The first source of unquantified benefits would occur because a placard is likely less expensive to produce than an information pamphlet. A representative from the PFD manufacturing industry told us that the placard would likely be around $0.05 cheaper to produce than the information pamphlet because the placard would contain fewer materials than the information pamphlet. However, we could not find any data on the costs to produce information pamphlets and the costs to produce placards, so we cannot determine the relative size of this cost savings. We believe based on the full discussion that the $0.05 estimate is a rough approximation of the fact that placards are slightly less expensive than information pamphlets but ultimately about the same price. Additionally, we have no way of estimating how large a share of current production would switch from producing information pamphlets to placards, as placards would not be required. Due to these factors, we did not produce a quantitative estimate of the cost savings due to placards. The second unquantified benefit would come from the fact that placards use pictorial images to communicate safety information, while information 18 Current marking requirements require a pamphlet, while the proposed new marking requirement would be for a placard or pamphlet. Because these placards and pamphlets are both produced in factories, the Coast Guard estimates that it takes the same amount of time to produce and include either a pamphlet or a placard with a newly manufactured PFD for sale. As a result, we do not estimate there would be any changes in the PRA burden brought on by the switch from pamphlets to placards. ddrumheller on DSK120RN23PROD with PROPOSALS3 As shown in table 24 above, the proposed changes in instruction information would either apply to PFD categories not yet produced or permit an additional compliance option. No devices would have fewer options for instruction materials than under current regulations. As a result, we estimate there would be no additional costs from replacing safety information pamphlets with placards because firms could either continue their current activities or produce placards instead. Unquantified Benefits VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21033 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules pamphlets use English-language text. Pictorial information is superior to text at communicating information to nonEnglish-reading audiences. We do not have a way of quantifying this benefit, but would like to note that approximately 21 percent of the U.S. population has a ‘‘low’’ level of English literacy. For those populations, pictorial information may be better than textbased information.19 Total Costs We display the total costs from this proposed rule to U.S. entities, foreign entities, and both U.S. and foreign entities using a 10-year period of analysis discounted at 7 percent in table 25, table 26, and table 27, respectively. TABLE 25—ESTIMATED COSTS FOR U.S. FIRMS [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $601,275 559,607 67,181 67,181 67,181 67,181 67,181 67,181 67,181 67,181 $561,939 488,782 54,840 51,252 47,899 44,766 41,837 39,100 36,542 34,151 $583,762 527,483 61,480 59,689 57,951 56,263 54,624 53,033 51,489 49,989 Total ...................................................................................................................................... 1,698,330 1,401,108 1,555,764 Annualized ............................................................................................................................ ........................ 199,486 182,383 TABLE 26—ESTIMATED COSTS FOR FOREIGN FIRMS [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $145,677 134,817 16,552 16,552 16,552 16,552 16,552 16,552 16,552 16,552 $136,147 117,754 13,511 12,627 11,801 11,029 10,308 9,633 9,003 8,414 $141,434 127,078 15,147 14,706 14,278 13,862 13,458 13,066 12,686 12,316 Total ...................................................................................................................................... 412,910 340,229 378,032 Annualized ............................................................................................................................ ........................ 48,441 44,317 TABLE 27—TOTAL ESTIMATED COSTS FOR U.S. AND FOREIGN FIRMS [2019 Dollars, 10-year period of analysis] Total undiscounted costs ddrumheller on DSK120RN23PROD with PROPOSALS3 Year 1 2 3 4 5 6 7 8 9 ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... $746,952 694,424 83,733 83,733 83,733 83,733 83,733 83,733 83,733 19 U.S. Department of Education, ‘‘Data Point: Adult Literacy in the United States’’ (July 2019). https://nces.ed.gov/pubs2019/2019179.pdf. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 Discounted costs 7% 3% $698,086 606,537 68,351 63,880 59,700 55,795 52,145 48,733 45,545 $725,196 654,561 76,628 74,396 72,229 70,125 68,083 66,100 64,174 21034 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 27—TOTAL ESTIMATED COSTS FOR U.S. AND FOREIGN FIRMS—Continued [2019 Dollars, 10-year period of analysis] Total undiscounted costs Year Discounted costs 7% 3% 10 ................................................................................................................................................. 83,733 42,566 62,305 Total ...................................................................................................................................... 2,111,240 1,741,338 1,933,796 Annualized ............................................................................................................................ ........................ 247,927 226,700 Total Cost Savings We display the total cost savings from this proposed rule to U.S. firms, the U.S. government, foreign firms, and all firms using a 10-year period of analysis discounted at 7 percent in table 28, table 29, table 30, and table 31, respectively. TABLE 28—TOTAL ESTIMATED COST SAVINGS TO U.S. FIRMS [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $39,734 937,172 955,940 955,940 955,940 955,940 955,940 955,940 955,940 955,940 $37,135 818,562 780,331 729,282 681,572 636,983 595,311 556,366 519,968 485,951 $38,577 883,374 874,820 849,340 824,602 800,584 777,266 754,628 732,648 711,309 Total ...................................................................................................................................... 8,624,422 5,841,460 7,247,148 Annualized ............................................................................................................................ ........................ 831,693 849,587 TABLE 29—TOTAL ESTIMATED COST SAVINGS TO FOREIGN FIRMS [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $17,395 232,384 236,728 236,728 236,728 236,728 236,728 236,728 236,728 236,728 $16,257 202,973 193,241 180,599 168,784 157,742 147,422 137,778 128,764 120,341 $16,888 219,044 216,640 210,330 204,204 198,256 192,482 186,875 181,432 176,148 Total ...................................................................................................................................... 2,143,605 1,453,901 1,802,300 Annualized ............................................................................................................................ ........................ 207,003 211,285 TABLE 30—TOTAL ESTIMATED COST SAVINGS TO THE UNITED STATES GOVERNMENT [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year 1 2 3 4 ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... ................................................................................................................................................... VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM $3,903 3,903 3,903 3,903 07APP3 Discounted costs savings 7% $3,648 3,409 3,186 2,978 3% $3,789 3,679 3,572 3,468 21035 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 30—TOTAL ESTIMATED COST SAVINGS TO THE UNITED STATES GOVERNMENT—Continued [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted costs savings 7% 3% 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. 3,903 3,903 3,903 3,903 3,903 3,903 2,783 2,601 2,431 2,272 2,123 1,984 3,367 3,269 3,174 3,081 2,991 2,904 Total ...................................................................................................................................... 39,032 27,414 33,295 Annualized ............................................................................................................................ ........................ 3,903 3,903 TABLE 31—TOTAL ESTIMATED COST SAVINGS TO U.S. AND FOREIGN MANUFACTURING FIRMS AND THE U.S. GOVERNMENT [2019 Dollars, 10-year period of analysis] Total undiscounted cost savings Year Discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $61,032 1,173,459 1,196,571 1,196,571 1,196,571 1,196,571 1,196,571 1,196,571 1,196,571 1,196,571 $57,039 1,024,945 976,758 912,858 853,139 797,326 745,164 696,415 650,855 608,276 $59,255 1,106,098 1,095,032 1,063,138 1,032,173 1,002,109 972,922 944,584 917,072 890,361 Total ...................................................................................................................................... 10,807,059 7,322,776 9,082,743 Annualized ............................................................................................................................ ........................ 1,042,599 1,064,775 Net Cost Savings the U.S. government, foreign firms, and all entities using a 10-year period of analysis discounted at 7 percent in table We display the total net cost savings from this proposed rule to U.S. firms, 32, table 33, table 34, and table 35, respectively. TABLE 32—TOTAL ESTIMATED NET COST SAVINGS TO U.S. FIRMS [2019 Dollars, 10-year period of analysis] Net undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Net discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. ¥$561,541 377,565 888,759 888,759 888,759 888,759 888,759 888,759 888,759 888,759 ¥$524,805 329,780 725,492 678,030 633,673 592,217 553,474 517,266 483,426 451,800 ¥$545,185 355,891 813,340 789,651 766,651 744,321 722,642 701,594 681,159 661,320 Total ...................................................................................................................................... 6,926,092 4,440,352 5,691,384 Annualized ............................................................................................................................ ........................ 632,206 667,204 VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21036 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 33—TOTAL ESTIMATED NET COST SAVINGS TO FOREIGN FIRMS [2019 Dollars, 10-year period of analysis] Net undiscounted cost savings Year Net discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. ¥$128,282 97,567 220,176 220,176 220,176 220,176 220,176 220,176 220,176 220,176 ¥$119,890 85,219 179,729 167,971 156,983 146,713 137,115 128,145 119,761 111,926 ¥$124,546 91,966 201,492 195,624 189,926 184,394 179,023 173,809 168,747 163,832 Total ...................................................................................................................................... 1,730,695 1,113,672 1,424,268 Annualized ............................................................................................................................ ........................ 158,562 166,968 TABLE 34—TOTAL ESTIMATED COST SAVINGS TO THE UNITED STATES GOVERNMENT [2019 Dollars, 10-year period of analysis] Net undiscounted cost savings Year Net discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. $3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 3,903 $3,648 3,409 3,186 2,978 2,783 2,601 2,431 2,272 2,123 1,984 $3,789 3,679 3,572 3,468 3,367 3,269 3,174 3,081 2,991 2,904 Total ...................................................................................................................................... 39,032 27,414 33,295 Annualized ............................................................................................................................ ........................ 3,903 3,903 TABLE 35—TOTAL ESTIMATED NET COST SAVINGS TO ALL ENTITIES [2019 Dollars, 10-year period of analysis] Net undiscounted cost savings ddrumheller on DSK120RN23PROD with PROPOSALS3 Year Net discounted costs savings 7% 3% 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 4 ................................................................................................................................................... 5 ................................................................................................................................................... 6 ................................................................................................................................................... 7 ................................................................................................................................................... 8 ................................................................................................................................................... 9 ................................................................................................................................................... 10 ................................................................................................................................................. ¥$685,920 479,035 1,112,838 1,112,838 1,112,838 1,112,838 1,112,838 1,112,838 1,112,838 1,112,838 ¥$641,047 418,408 908,407 848,979 793,438 741,531 693,020 647,682 605,310 565,710 ¥$665,942 451,536 1,018,404 988,742 959,944 931,984 904,839 878,485 852,898 828,056 Total ...................................................................................................................................... 8,695,819 5,581,438 7,148,947 Annualized ............................................................................................................................ ........................ 794,671 838,075 VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Alternatives We identified three alternatives to the current proposed rule: (1) Incorporate ANSI/CAN/UL 12402– 5 for the approval of Level 70 PFDs only, prohibiting the approval of Level 50 PFDs; (2) Require placards for existing Type I, II, and III PFDs instead of providing the option to continue the use of informational pamphlets; and (3) Adopt ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by policy. Alternative 1: Incorporate ANSI/CAN/ UL 12402–5 for Level 70 PFDs only. We considered an alternative that would incorporate ANSI/CAN/UL 12402–5, but limit approval to Level 70 PFDs only. Level 50 PFDs would not be eligible for Coast Guard approval and would not meet carriage requirements on any vessel. If the Coast Guard were to choose this alternative, the market for Level 50 devices would not be viable because Level 50 devices would no longer meet carriage requirements. We therefore expect there would be no benefits from a new market as the market would not exist. The expected qualitative benefit of increased wearrates associated with more comfortable and innovative Level 50 PFDs would be lost with this alternative. We would also be restricting recreational boaters to one category of PFD when Level 50 PFDs could better suit their purpose. As a result, we rejected this alternative because we expect wear rates and therefore benefits would be lower. Alternative 2: Require Placards Instead of the Option of Placards or Pamphlets ddrumheller on DSK120RN23PROD with PROPOSALS3 Under this proposed rule, we require that only new Level 50, 70, and 100 devices use placards. We considered the alternative of requiring that PFD manufacturers use placards instead of information pamphlets for all existing PFDs. While we observe that the cost of producing a placard is generally less than the cost of producing an information pamphlet, we also observe that some manufacturers may have already printed pamphlets or may not choose to use placards. As a result, we rejected this alternative. Alternative 3: Adopt ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by Policy Another alternative we considered would be to adopt ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by policy instead of incorporating them by reference into the CFR. Under 46 CFR 159.005–7(c), the Coast Guard has the authority to approve an item of equipment that does not meet all the VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 requirements of 46 CFR 160.055 if it has equivalent performance characteristics. The Coast Guard has already used this authority to partially adopt ANSI/CAN/ UL 12402–4 and ANSI/CAN/UL 12402– 5 by policy. Because this authority is limited to the approval of equipment with equivalent performance characteristics, we cannot fully adopt these standards by policy. In particular, Level 50 PFDs, youth inflatable PFDs, and inflatable Level 100 PFDs could not be approved by policy because they are not equivalent to any current Coast Guard standards. For that reason, we rejected this alternative. B. Small Entities Under the Regulatory Flexibility Act (RFA), 5 United States Code (U.S.C.) 601–612, we have prepared this Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities. Per the RFA, a small entity may be a small independent business, defined as one independently owned and operated, organized for profit, and not dominant in its field under the Small Business Act (5 U.S.C. 632); a small not-for-profit organization, defined as any not-forprofit enterprise which is independently owned and operated and is not dominant in its field; or a small governmental jurisdiction, defined as a locality with fewer than 50,000 people. Section 603(b) of the RFA prescribes the content of the IRFA, which addresses the following: (1) A description of the reasons why action by the agency is being considered; (2) A succinct statement of the objectives of, and legal basis for, the proposed rule; (3) A description of and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; (4) A description of the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (5) An identification, to the extent practicable, of all relevant Federal rules that may duplicate, overlap, or conflict with the proposed rule; and (6) A description of any significant alternatives to the rule that accomplish the stated objectives of applicable statutes and that minimize any significant economic impact of the proposed rule on small entities. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 21037 1. A Description of the Reasons Why Action by the Agency Is Being Considered The Coast Guard proposes to amend the lifejacket approval requirements and follow-up program requirements by incorporating three new binational standards. At the same time, the Coast Guard proposes to amend lifejacket and PFD carriage requirements to allow for the use of equipment approved to the new standards, and to remove obsolete equipment approval requirements. The new standards are intended to replace the legacy standards. The proposed amendments will streamline the process for approval of PFDs and allow manufacturers the opportunity to produce equipment that meets the approval requirements of both Canada and the United States, while reducing the burden for manufacturers in both the approval process and follow-up program. 2. A Succinct Statement of the Objective of, and Legal Basis for, the Proposed Rule This proposed rule would harmonize PFD approval standards with those used in Canada, lead to net cost savings for PFD manufacturers, and introduce a new type of PFD that may better meet the needs of some recreational boaters. This proposed rule is discretionary and not issued because of a statutory mandate. The Coast Guard will use its existing rulemaking authority provided under Title 46, U.S. Code, sections 3306(a), 4102(a) and (b), 4302(a) and (c), and 4502(a) and (c)(2)(B). Title 46 U.S.C. 3306 provides the Coast Guard with the general authority to prescribe regulations for the design, construction, performance, testing, carriage, use, and inspection of lifesaving equipment on commercial and recreational vessels. Title 46 U.S.C. 4102 and 4302 provide more specific authority to prescribe regulations about life preservers and other life saving devices on uninspected and recreational vessels, respectively. 3. A Description—and, Where Feasible, an Estimate of the Number—of Small Entities to Which the Proposed Rule Will Apply This proposed rule has four major provisions: (1) It would incorporate by reference ANSI/CAN/UL 12402–4, replacing Type I device approval with Level 100 device approval. (2) It would incorporate by reference ANSI/CAN/UL 12402–5, introducing new Level 50 device approvals. (3) It would incorporate by reference ANSI/CAN/UL 9595, setting new E:\FR\FM\07APP3.SGM 07APP3 21038 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules standards for follow-on production inspections. (4) It would permit the use of placards in lieu of instruction pamphlets. Across these four provisions, we estimate that this proposed rule would directly affect two Coast Guard recognized laboratories and 57 PFD manufacturers. We researched these two Coast Guard recognized laboratories and 57 PFD manufacturers to determine if they are U.S. companies or foreign companies based on the location of their parent company’s headquarters. We found one Coast Guard recognized laboratory to be a U.S. company and one to be a foreign company. We found 37 of the 57 PFD manufacturers to be U.S. companies and 20 to be foreign companies. We then researched each of these 38 U.S. companies (1 testing laboratory and 37 PFD manufacturers) to determine its North American Industry Classification System (NAICS) code and its size standard using the Small Business Administration’s (SBA) size standard table. Next, we reviewed each U.S. parent company’s revenue or employee information to determine whether the company would be small or not small according to SBA size standards. We present the results of our research in table 36. We found the U.S. Coast Guard recognized laboratory to be small, and of the 37 U.S. manufacturers, we found 30 of them to be small entities according to SBA size standards; we did not find any U.S. small entities to be small governmental jurisdictions. TABLE 36—NUMBER OF SMALL ENTITIES AFFECTED BY THE PROPOSED RULE NAICS code 314910 314999 315280 315990 326199 326299 327120 336612 339920 339999 423910 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 441222 ..... 448140 ..... 448150 ..... 451110 ..... 452319 ..... 453930 ..... 541380 ..... 541870 ..... 561990 ..... 713930 ..... Unknown .. Textile Bag and Canvas Mills ........................................................ All Other Miscellaneous Store Retailers (except Tobacco Stores) Other Cut and Sew Apparel Manufacturing .................................. Apparel Accessories and Other Apparel Manufacturing ............... All Other Plastics Product Manufacturing ..................................... All Other Rubber Product Manufacturing ...................................... Clay Building Material and Refractories Manufacturing ................ Boat Building ................................................................................. Sporting and Athletic Goods Manufacturing ................................. All Other Miscellaneous Manufacturing ......................................... Sporting and Recreational Goods and Supplies Merchant Wholesalers. Boat Dealers .................................................................................. Family Clothing Stores .................................................................. Clothing Accessories Stores ......................................................... Sporting Goods Stores .................................................................. All Other General Merchandise Stores ......................................... Manufactured (Mobile) Home Dealers .......................................... Testing Laboratories ...................................................................... Advertising Material Distribution Services ..................................... All Other Support Services ............................................................ Marinas .......................................................................................... Unknown ........................................................................................ Each proposed provision would affect a different subset of the 30 small entities from above and have a different distribution of costs, cost savings, and transfers across those small entities. We will discuss each proposed provision separately below and then summarize each provision’s impacts. ddrumheller on DSK120RN23PROD with PROPOSALS3 Provision 1: Incorporation by Reference of ANSI/CAN/UL 12402–4 The first proposed provision, the IBR of ANSI/CAN/UL 12402–4, would affect seven small entities, six of which have known revenues. The first provision would result in costs to PFD manufacturing firms that are small entities that would intend to sell Level 100 devices in only one market (the United States or Canada). Firms wishing to sell Level 100 devices in both United States and Canadian markets would no longer conduct duplicative approvals VerDate Sep<11>2014 Size standard type NAICS code and industry type 22:54 Apr 06, 2023 Jkt 259001 Frm 00024 Fmt 4701 Number of U.S. companies Number of small entities Employees .. Revenue ...... Employees .. Employees .. Employees .. Employees .. Employees .. Employees .. Employees .. Employees .. Employees .. 500 $8.0 750 500 750 500 750 1,000 750 500 100 1 2 1 1 2 1 1 2 4 1 1 1 2 1 1 0 1 1 2 3 1 1 Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Revenue ...... Unknown ..... $35.0 $41.5 $16.5 $16.5 $35.0 $16.5 $16.5 $16.5 $12.0 $8.0 Unknown 5 1 2 2 1 1 1 1 1 1 5 4 0 1 2 1 0 0 1 1 1 5 38 30 and facility inspections, leading to cost savings. Whether small entities would or would not experience cost savings depends on whether each small entity would prefer to sell their device in only the United States or Canada or in both markets. The Coast Guard does not know which small entities would prefer a cheaper set of tests with only the ability to sell in one market and which would prefer a more expensive set of tests with the ability to sell in both markets. We therefore compare both the costs and cost savings estimates to each small entity. In the RA, we estimate the Level 100 approval would be $4,280 more expensive than the current Type I approval. While in the RA we estimate that testing laboratories would receive an application for approval to Level 100 standards 0.45 times per year, each small entity would experience this cost PO 00000 Size standard used Sfmt 4702 only when they submit a new application. Each small entity would likely apply for an approval once they develop a new device. The Coast Guard cannot ascertain when each small entity might submit a new application, so instead we retain the cost of $4,280 as an estimate of a one-time (initial year cost) per small entity cost of ANSI/ CAN/UL 12402–4. We estimate the cost savings for small entities that wish to sell in two markets would be $35,720 per new Level 100 approval, $4,746 per revision of an existing approval with testing, and $1,172 per revision of an existing approval without testing. As with costs of ANSI/CAN/UL 12402–4, each small entity would experience the cost savings only when it submits each application. The Coast Guard does not know when small entities might seek new approvals or revisions in the future, so we estimate E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules these as one-time cost savings to small entities from ANSI/CAN/UL 12402–4. Specifically, we estimate each small entity would experience a one-time total cost savings of $41,638 for each approval, which is the sum of the Level 100 approvals and revisions to approvals with or without testing ($35,720 + $4,746 + $1,172). Each of these seven small entities would also experience an ongoing (annual) cost savings of $1,155.92 from reduced facility inspection frequency.20 Provision 2: Incorporation by Reference of ANSI/CAN/UL 12402–5 Incorporating by reference ANSI/ CAN/UL 12402–5 would permit small entities to seek Coast Guard approval to produce and sell Level 50 devices. The Coast Guard has not previously approved these devices. We estimate that this provision would affect all 30 small entities, 24 of which have known revenues. In the RA, we estimate that the introduction of Level 50 devices would most likely result in a 5-percent growth in the North American PFD market. The growth in the market would be composed of new types of PFDs. We assume the 5-percent growth in the market would also be a proxy for the growth in the number of approved devices (for a growth of 38 device approvals). The initial approvals would represent a one-time (initial year) cost to small entities. Small entities would also experience an annual cost of additional production inspections based on the volume of Level 50 PFDs produced. We estimate a new Level 50 device approval would cost a small entity about $34,028. We do not know which small entities would seek Coast Guard approval for a Level 50 device or how many devices for which each small entity might seek approval. As a result, we treat each small entity as seeking approval for one Level 50 device costing $34,028. This would be a one-time (initial year) cost to small entities. Production and revenue are not distributed equally across the small entities that produce PFDs for the North American market. Instead, some small entities produce vastly more PFDs than others. In the RA, we estimate the market share of the 13 largest firms to be collectively about 95 percent, and we estimate the remaining 44 firms’ market share collectively to be about 5 percent. We do not know the relative market share of the 44 firms, so we divide the 5 percent equally across the 44 firms. Therefore, we treat each of the 44 firms as accounting for roughly about 0.11 percent of the PFD market.21 For the 30 small entities that would use the ANSI/ CAN/UL 12402–5 standard, 22 of them are in the set of 44 firms composing 5 percent of the market, and we assume each has a market share of 0.11 percent. Based on conversations with PFD manufacturing executives, we estimate 5 of the 30 firms have a market share of 2.5 percent each, 1 has a market share of 7.5 percent, 1 has a market share of 15 percent, and 1 has a market share of 25 percent.22 We could not find revenue data for six small entities. In the RA, we estimate that the annual cost of production inspections across the whole industry would be $71,682. Because we do not know which small entities would seek Level 50 approval, we estimate the additional costs from production inspections from Level 50 device sales for each small entity by multiplying each small entity’s market share by the total costs. For example, if we use a small entity that has a market share of 0.11 percent, then we would estimate the small entity’s additional production inspection costs would be about $78.85 ($71,682 × 0.0011, rounded) annually. 21039 Provision 3: Incorporation by Reference of ANSI/CAN/UL 9595 Incorporating ANSI/CAN/UL 9595 by reference would establish production testing standards for the PFD manufacturing industry. ANSI/CAN/UL 9595 would lead to reductions in testing frequency for PFD manufacturing entities with a QMS in place. We estimate that eight small entities would be affected by this provision, seven of which have known revenue. Small entities would experience onetime costs of an initial QMS inspection, and they would experience ongoing costs because a QMS inspection is more expensive than the facility inspection it would replace in years after the first year. We estimate that each small entity has two facilities with the largest small entity having three facilities, and QMS inspection costs would occur per facility. We estimated 7 of the firms in the top 13 are small entities, including the top firm. In the RA, we estimate that the total costs to U.S. firms for the ANSI/CAN/UL 9595 standard would be about $53,118 for 19 facilities. Because we do not know where each small entity’s facilities are located, to estimate each small entity’s one-time costs, we multiply $53,118 by each small entity’s share of the 19 facilities yielding $5,591.37 (2 ÷ 19 × $53,118) for all but the largest small entity and $8,387.05 (3 ÷ 19 × $53,118) for the largest small entity. We estimate annual costs would be about $375 per facility, which is the difference between eight hours of billed QMS inspector time and eight hours of a regular inspector’s time. The largest small entity has three facilities, so would experience $1,125 ($375 × 3) in additional costs. All the other small entities have two facilities, and they would experience about $750 ($375 × 2) in annual costs. In table 37, we present the costs per small entity from the IBR of ANSI/CAN/UL 9595. TABLE 37—COSTS PER SMALL ENTITY FROM ANSI/CAN/UL 9595 Number of facilities Entity type ddrumheller on DSK120RN23PROD with PROPOSALS3 The largest ................................................................................................................................... All others ...................................................................................................................................... Total one-time costs 3 2 $8,387.05 5,591.37 Annual costs $1,125 750 The small entities that would achieve a higher process rating according to the ANSI/CAN/UL 9595 standard would also experience annual cost savings based on each small entity’s market share and the rigor of the QMS system that would be in place. As mentioned previously, we estimate that only the top 13 firms would experience savings from ANSI/CAN/UL 9595, and we estimate 7 of those firms are small entities. 20 Facility inspections last four hours and include the billed cost of the inspector’s time, or $234.45, and the opportunity cost of a Quality Manager’s time, or $54.53 per hour as a loaded weighted average. ($234.45 + $54.53) × 4 = $1,155.92. Readers should refer to the section of the RA discussing the ANSI/CAN/UL 12402–4 standard. 21 We divided 5 percent (or 0.05) by 44 firms to obtain 0.11 percent of the market for each one. 22 For more details on how we calculated market share, see the initial regulatory analysis in the docket. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21040 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Cost savings would be different for each of the seven small entities. To estimate the cost savings per small entity, we need to estimate the number of reductions in inspections per small entity and then multiply by $2,346 ($1,876 of billed inspector time and $470 of weighted average quality manager loaded wages). To calculate the reductions in inspections for each small entity, we take the share of current inspections for each small entity and then estimate the number of inspections that would take place under Process Rating A or B. Next, we subtract the reduced inspection frequency per small entity from the current inspection frequency yielding a reduction in inspection frequency for current production. In the RA, we also estimate cost savings from reduced inspection frequency on Level 50 devices that entities do not yet produce. In the RA, we estimate that U.S. firms would experience 16 fewer inspections on Level 50 devices. We then multiply the 16 inspections by each small entity’s share of reduction in current inspections. For example, assume that a small entity had a 10 percent market share, half of which would be at Process Rating A and half of which would be at Process Rating B. We first would take the total number of current inspections on U.S. firms (587) and multiply by the small entity’s market share relative to the total affected U.S. market share, or 10 percent ÷ 77.5 percent × 587, yielding 76 rounded. Then we would derive the reduced number of inspections at B and the reduced number of inspections at A by multiplying the reduced inspection frequency at B (194) by the share of the small entity’s Process Rating at B relative to all other U.S. firms at B, or 5 percent ÷ 51 percent, yielding 19 rounded. To estimate the reduced inspection frequency at A, we take the number of facilities at A (one) and multiply by two, accounting for the number of inspections that would occur once the facility is at Process Rating A. Next, we add to it the multiplication of the number of commercial PFD production inspections at A (7) and the small entity’s relative share of production at A, or 5 percent ÷ 26.5 percent, yielding 3 rounded (2×1 + 7×5 percent ÷ 26.5 percent). Taken together the small entity’s reduced inspection frequency would be 22 (19 + 3) meaning the small entity would experience 54 fewer production inspections annually (76¥22). To calculate the number of reduced Level 50 inspections, we take the small entity’s share of U.S. firm inspection reduction (54 ÷ 376) and multiply by the 16 total reduction in inspections, yielding 2 rounded. We add the reduction in Level 50 inspections (2) and the reduction in current inspections (54) together and multiply by the cost of each inspection ($2,346) yielding $131,376 ([2 + 54] × $2,346) or the small entity’s annual cost savings from reduced inspection frequency. We perform this process for each of the eight small entities. We record these calculations in table 38; the results are rounded. TABLE 38—COST SAVINGS FOR A REPRESENTATIVE SMALL ENTITY Total market share Market share at B Market share at A Current inspection frequency Inspection frequency at B Inspection frequency at A Total inspection reduction Reduced level 50 inspections Total cost savings A B=A÷2 C=A÷2 D = 587 × A ÷ 77.5% E = 194 × B ÷ 51% F = (2 × 1 + 7 × C ÷ 26.5%) G = D¥E¥F H = G ÷ 376 × 16 (G + H) × $2,346 76 19 3 10% ................................... 5% 5% Provision 4: Replacement of Information Pamphlets With Placards We did not predict any costs or cost savings from this provision, so we do not project any impact on small entities. We summarize the number of small entities affected, cost impacts, cost 54 2 $131,376 savings impacts, and transfers per provision in table 39. TABLE 39—NUMBER OF AFFECTED SMALL ENTITIES, COSTS, AND COST SAVINGS PER PROVISION ddrumheller on DSK120RN23PROD with PROPOSALS3 Provision PFD manufacturing population affected Costs Cost savings One-time testing to Level 100 would be $35,720 less than testing to Type I standards for entities wishing to sell in both the United States and Canada. Small entities would also save costs from cheaper revisions with and without testing, $4,746 and $1,172 respectively. Together, small entities would save $41,638. Small entities would also experience $1,155.92 in annual cost savings from reduced facility inspections. No estimated cost savings for these small entities. ANSI/CAN/UL 12402–4 7 small entities of the 30; 6 small entities with known revenues. One-time testing to Level 100 would cost $4,280 more than testing to Legacy Type I standards for entities wishing to sell in only Canada or the United States. ANSI/CAN/UL 12402–5 30 small entities, 24 small entities with known revenues. One-time (initial year) testing to Level 50 standards would cost about $34,028. Additional ongoing costs from inspections would be between $78.85 and $17,920.50 based on each small entity’s market share (small entities with larger market shares would experience greater costs). VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\07APP3.SGM 07APP3 21041 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules TABLE 39—NUMBER OF AFFECTED SMALL ENTITIES, COSTS, AND COST SAVINGS PER PROVISION—Continued Provision PFD manufacturing population affected ANSI/CAN/UL 9595 ..... 8 small entities, 7 small entities with known revenues. Information Pamphlets 30 small entities, 24 small entities with known revenues. We provide a list of the range of costs, cost savings, and net cost savings per entity in table 40. We report the Costs Cost savings One-time (initial year) cost from an additional QMS inspection of about $8,387.05 for the largest small entity based on three facilities and $5,591.37 for all other small entities with two facilities. Ongoing (annual) costs would result from a QMS inspection and would be more than a regular inspection. We estimate ongoing costs to be about $375 per facility or $1,125 for the largest small entity with three facilities and $750 for each other small entity with two facilities. No estimated costs ......................................... Small entities would save through reduced inspection frequencies based on each small entity’s market share and each small entity’s QMS in place. We estimate these 8 small entities would experience between $21,114 and $229,908 in savings based on their market share and QMS ratings per year. estimated overall net cost savings revenue impact per small entity of this No estimated cost savings. proposed rule across all provisions from total costs in table 41. TABLE 40—RANGE OF IMPACTS PER ENTITY One-time impacts Lowest per entity Cost .................................................................................................................. Cost Savings .................................................................................................... Net Cost Savings ............................................................................................. $34,028.00 ........................ (39,619.37) Ongoing impacts Highest per entity $46,695.05 41,638.00 3,330.00 Lowest per entity $78.85 ........................ (40,560.93) Highest per entity $60,683.50 231,063.92 170,380.42 TABLE 41—PERCENTAGE OF ESTIMATED REVENUE IMPACT ON SMALL ENTITIES FROM OVERALL IMPACT (NET COST SAVINGS) OF THIS PROPOSED RULE One-time net cost savings % Revenue impact Small entities with known revenue <1% .................................................................................................................. 1–3% ................................................................................................................ >3% .................................................................................................................. ddrumheller on DSK120RN23PROD with PROPOSALS3 4. A Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule, Including an Estimate of the Classes of Small Entities Which Will Be Subject to the Requirements and the Type of Professional Skills Necessary for Preparation of the Report or Record This rule calls for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3520. There are no relevant Federal rules that may duplicate, overlap, or conflict with this NPRM. 6. A Description of Any Significant Alternatives to the Rule Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize any Significant Economic Impact of the Proposed Rule on Small Entities The Coast Guard identified three alternatives: (1) Incorporate ANSI/CAN/UL 12402– 5 for the approval of Level 70 PFDs VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 Portion of small entities with known revenue 17 2 5 5. An Identification, to the Extent Practicable, of All Relevant Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule Ongoing net cost savings 71 8 21 Small entities with known revenue 20 2 2 Portion of small entities with known revenue 83 8 8 only, prohibiting the approval of Level 50 PFDs; (2) Require placards instead of permitting either placards or pamphlets; and (3) Adopt ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by policy. Alternative 1: Incorporate by Reference ANSI/CAN/UL 12402–5 for Level 70 PFDs Only Under the first alternative, we could have chosen to incorporate ANSI/CAN/ UL 12402–5, but limit approval to Level 70 PFDs only. Level 50 PFDs would not be eligible for Coast Guard approval and would not meet carriage requirements on any vessel. If the Coast Guard chose this alternative, the market for Level 50 devices would not be viable because E:\FR\FM\07APP3.SGM 07APP3 21042 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Level 50 devices would no longer partially substitute for Level 70 or Type III devices. Small entities would be unable to sell these new devices and would not experience a positive revenue impact from this alternative. As a result, we rejected this alternative because it does not maximize small entities’ revenue. ddrumheller on DSK120RN23PROD with PROPOSALS3 Alternative 2: Require Placards Instead of Permitting Either Placards or Pamphlets We considered the alternative of requiring that PFD manufacturers use placards instead of their choice of either placards or information pamphlets for the mandatory PFD instructional materials. While the cost of producing placards is generally less than the costs of producing information pamphlets, some manufacturers may not be ready to switch to producing placards. As such, if we required that manufacturers use placards, we could place undue burden on small entities in the PFD industry by requiring that they acquire new equipment to produce placards. We do not know how large these costs could be, but small entities would experience greater compliance costs. As a result, we ultimately rejected this alternative. Alternative 3: Adopt ANSI/CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by Policy Another alternative that we considered would be to adopt ANSI/ CAN/UL 12402–4 and ANSI/CAN/UL 12402–5 by policy instead of incorporating them by reference in the regulations. Under 46 CFR 159.005–7(c), the Coast Guard has the authority to approve an item of equipment that does not meet all the requirements of 46 CFR 160.055 if it has equivalent performance characteristics. The Coast Guard has used this authority to partially adopt ANSI/CAN/UL 12402–4 and ANSI/ CAN/UL 12402–5 by policy. However, because this authority is limited to the approval of equipment with equivalent performance characteristics, we cannot fully adopt these standards by policy. Namely, Level 50 PFDs, youth inflatable PFDs, and inflatable Level 100 PFDs cannot be approved by policy. As a result, small entities would not receive the additional revenue from the sale of Level 50 devices or the cost savings on Level 100 inflatable device approvals as compared to Type I device approvals. For these reasons, we rejected this alternative. 7. Conclusion We are interested in the potential impacts from this rule on small businesses and we request public VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 comment on these potential impacts. If you think that this rule will have a significant economic impact on you, your business, or your organization, please submit a comment to the docket at the address under the Public Participation and Request for Comments section of this preamble. In your comment, explain why, how, and to what degree you think this rule will have an economic impact on you. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). D. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. E. Federalism A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled that all the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. See the Supreme Court’s decision in United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). The statutory authorities upon which this rulemaking is based—46 U.S.C. 3306(a), 4102(a), 4302(a), and 4502(a) and (c)(2)(B)—all generally preempt State and local law. Therefore, because the States may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. F. Unfunded Mandates The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 0336; 1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100 million (adjusted for inflation) or more in any one year. Although this proposed rule would not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. G. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights). H. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, (Civil Justice Reform), to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this proposed rule under Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks). This proposed rule is not an economically significant rule and would E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this proposed rule under Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use). We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. ddrumheller on DSK120RN23PROD with PROPOSALS3 L. Technical Standards The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (such as specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule uses the following voluntary consensus standards: • ANSI/CAN/UL 9595, Standard for Buoyant Cushions, Fourth Edition, April 20, 2007 (including revisions through January 10, 2020). • ANSI/CAN/UL 12402–4, Standard for Personal Flotation Devices—Part 4: Lifejackets, Performance Level 100— Safety Requirements, First Edition, July 9, 2020. • ANSI/CAN/UL 12402–5, Standard for Personal Flotation Devices—Part 5: Buoyancy Aids (Level 50)—Safety Requirements, First Edition, December 31, 2015 (including revisions through January 27, 2022). • ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh Edition, VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 October 1, 2008 (including revisions through November 23, 2020). • ANSI/UL 1175, Standard for Buoyant Cushions, Fourth Edition, April 20, 2007 (including revisions through January 10, 2020). The proposed sections that reference these standards and the locations where these standards are available are listed in 46 CFR 160.045–5, 160.055–5, 160.060–5, 160.064–5, 160.076–5, 160.255–5, 160.264–5, and 160.276–5. 46 CFR Part 108 M. Environment 46 CFR Part 141 We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. This proposed rule would be categorically excluded under paragraph L52 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. Paragraph L52 pertains to regulations concerning vessel operation safety standards. This proposed rule involves approval requirements and follow-up program requirements for lifejackets. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects 33 CFR Part 181 Incorporation by reference, Labeling, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 25 Fire prevention, Marine safety, Occupational safety and health, Oil and gas exploration, Vessels. 46 CFR Part 117 Marine safety, Passenger vessels. 46 CFR Part 133 Cargo vessels, Marine safety, Reporting and recordkeeping requirements. Incorporation by reference, Marine safety, Occupational health and safety, Reporting and recordkeeping requirements, Towing vessels. 46 CFR Part 160 Incorporation by reference, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 169 Fire prevention, Marine safety, Reporting and recordkeeping requirements, Schools, Vessels. 46 CFR Part 180 Marine safety, passenger vessels. 46 CFR Part 199 Cargo vessels, Marine safety, Oil and gas exploration, Passenger vessels, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 181 and 46 CFR parts 25, 28, 108, 117, 133, 141, 160, 169, 180, and 199 as follows: Title 33—Navigation and Navigable Waters PART 181—MANUFACTURER REQUIREMENTS 1. The authority citation for part 181 is revised to read as follows: ■ Authority: 46 U.S.C. 4302; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). 2. Revise the title of Subpart G to read as follows: ■ Subpart G—Instruction Pamphlet or Placard for Personal Flotation Devices Fire prevention, Marine safety, Reporting and recordkeeping requirements. § 181.4 46 CFR Part 28 § 181.701 Alaska, Fire prevention, Fishing vessels, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Seamen. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 21043 ■ [Removed and Reserved] 3. Remove and reserve § 181.4. [Amended] 4. Amend § 181.701 by adding the words ‘‘Coast Guard approved’’ after the word ‘‘all’’. ■ 5. Revise § 181.702 to read as follows: ■ E:\FR\FM\07APP3.SGM 07APP3 21044 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules § 181.702 Information pamphlet or placard: requirement to furnish. (a) Each manufacturer of a Coast Guard approved personal flotation device (PFD) must furnish with each PFD that is sold or offered for sale for use on a recreational boat, an information pamphlet or placard accepted by the Commandant (CG– ENG–4) or meeting the requirements in the applicable subpart of 46 CFR part 160. (b) No person may sell or offer for sale for use on a recreational boat, a Coast Guard approved PFD unless an information pamphlet or placard required by this section is attached in such a way that it can be read prior to purchase. § 181.703 ■ § 181.704 ■ [Removed] 7. Remove § 181.704. § 181.705 ■ [Removed] 6. Remove § 181.703. [Removed] 8. Remove § 181.705. Title 46—Shipping PART 25—REQUIREMENTS 9. The authority citation for part 25 is revised to read as follows: ■ Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; DHS Delegation 00170.1, Revision No. 01.2, paragraphs (II)(77), (92)(a), 92(b). 10. Amend § 25.25–5 by: ■ a. Removing in paragraph (b)(2), the text ‘‘or 160.176’’ and adding, in its place, the text ‘‘160.176, or 160.255’’; and ■ b. Revising the introductory text to paragraph (c)(2). The addition and revision read as follows: ■ § 25.25–5 Life preservers and other lifesaving equipment required. * * * * * (c) * * * (2) On each vessel, regardless of length and regardless of whether carrying passengers for hire, a commercial hybrid PFD approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE], may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition and— * * * * * PART 28—REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS 11. The authority citation for part 28 is revised to read as follows: ■ Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). 12. Revise § 28.110(a) to read as follows: ■ § 28.110 Life preservers or other personal flotation devices. (a) Except as provided by § 28.305 of this chapter, each vessel must be equipped with at least one immersion suit, exposure suit, or wearable personal flotation device of the proper size for each individual on board as specified in Table 1 to § 28.110(a) and part 25, subpart 25.25 of this chapter. Notwithstanding the provisions of paragraphs (c) and (d) of § 25.25–1 of this chapter, each commercial fishing industry vessel propelled by sail, and each manned barge employed in commercial fishing activities, must meet the requirements of this paragraph. TABLE 1 TO § 28.110—PERSONAL FLOTATION DEVICES AND IMMERSION SUITS Applicable waters Vessel type Devices required Seaward of the Boundary Line and North of 32 °N or South of 32 °S; and Lake Superior. Coastal Waters on the West Coast of the United States north of Point Reyes, CA; Beyond Coastal Waters, cold water; and Lake Superior. All other waters (Includes all Great Lakes except Lake Superior). Documented Vessel ..................... Immersion suit or exposure suit ... 28.135; 25.25–9(a); 25.25–15. 25.25–13; All vessels ..................................... Immersion suit or exposure suit ... 28.135; 25.25–9(a); 25.25–15. 25.25–13; 40 feet (12.2 meters) or more in length. Wearable PFD approved under approval series 160.055, 160.155, or 160.176, or 160.255 immersion suit, or exposure suit 1. Wearable PFD approved under subchapter Q of this chapter immersion suit, or exposure suit1. 28.135; 25.25–5(e); 25.25–5(f); 25.25–9(a); 25.25–13; 25.25– 15. Less than 40 feet (12.2 meters) in length. Other regulations 28.135; 25.25–5(e); 25.25–5(f); 25.25–9(a); 25.25–13; 25.25– 15. 1 A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner’s manual, and labeled for use on commercial vessels. ddrumheller on DSK120RN23PROD with PROPOSALS3 PART 108—DESIGN AND EQUIPMENT 13. The authority citation for part 108 is revised to read as follows: 160.177’’ and replace it with the text ‘‘or 160.176’’. p.277; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). PART 117—LIFESAVING EQUIPMENT AND ARRANGEMENTS ■ ■ Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation 00170.1, Revision No. 01–2, paragraph (II)(92)(a). § 108.580 [Amended] 14. Amend § 108.580(b) introductory text by removing the text ‘‘, 160.176 or ■ VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 15. The authority citation of part 117 is revised to read as follows: ■ Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 16. Amend § 117.71 by: a. Revising the section heading and paragraph (c); ■ b. Removing paragraph (d); and ■ c. Redesignating paragraph (e) as paragraph (d). The revisions read as follows: ■ E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules § 117.71 Lifejackets. § 141.340 * * * * * (c) Each lifejacket must be approved under approval series §§ 160.002, 160.005, 160.055, 160.155, 160.176, or 160.255 in subchapter Q of this chapter, or other standard specified by the Commandant. An inflatable lifejacket approved under approval series 160.255 must include a full back-up inflation chamber. * * * * * ■ 17. Amend § 117.72 by revising the section heading and paragraphs (b) and (d) to read as follows: § 117.72 Personal flotation devices carried in addition to lifejackets. * * * * * (b) Wearable PFDs approved in accordance with §§ 160.064, 160.076, 160.264, or 160.276 in subchapter Q of this chapter, or other standard specified by the Commandant, may be carried as additional equipment. * * * * * (d) A commercial hybrid PFD approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be carried as additional equipment for use by persons working near or over the water if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner’s manual, of the same or similar design, and has the same method of operation as each other hybrid PFD carried on board. PART 133—LIFESAVING SYSTEMS Authority: 46 U.S.C. 3306, 3307; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). 19. Amend § 133.70(b) introductory text by removing the text ‘‘160.177’’ and adding, in its place, the text ‘‘160.255’’. PART 141—LIFESAVING 20. The authority citation for part 141 is revised to read as follows: ddrumheller on DSK120RN23PROD with PROPOSALS3 ■ Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). [Amended] 21. Amend § 141.340 by: a. Removing in paragraph (a), the text ‘‘or 160.176,’’ and adding, in its place, the text ‘‘160.176, or 160.255’’; and ■ b. Adding new paragraph (i). The additions read as follows: ■ ■ VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PART 160—LIFESAVING EQUIPMENT 22. The authority citation for part 160 is revised to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). Subpart 160.001 [Removed and Reserved] 23. Remove and reserve subpart 160.001, consisting of §§ 160.001–1 through 160.001–5. ■ Subpart 160.002 [Removed and Reserved] 24. Remove and reserve subpart 160.002, consisting of §§ 160.002–1 through 160.002–7. ■ Subpart 160.005 [Removed and Reserved] 25. Remove and reserve subpart 160.005, consisting of §§ 160.005–1 through 160.005–7. ■ Subpart 160.006 [Removed and Reserved] 26. Remove and reserve subpart 160.006, consisting of § 160.006–2. ■ 27. Add subpart 160.045, consisting of §§ 160.045–1 through 160.045–25, to read as follows: Subpart 160.045 Recreational Throwable PFDs [Amended] ■ § 141.340 * * * * (i) Wearable PFDs approved in accordance with §§ 160.064, 160.076, 160.264, or 160.276 in subchapter Q of this chapter, or other standard specified by the Commandant, may be carried as additional equipment. Additional equipment is not acceptable in lieu of any portion of the required lifejackets. ■ 18. The authority citation for part 133 is revised to read as follows: ■ § 133.70 Lifejackets. * § 160.045–1 Scope. (a) This subpart contains structural and performance standards for approval of throwable PFDs for use on recreational vessels, as well as requirements for production follow-up inspections, associated manuals, information pamphlets or placards, and markings. (b) Throwable PFDs approved under this subpart may rely entirely on inherently buoyant material, or rely entirely or partially upon inflation to achieve the minimum buoyancy. (c) Throwable PFDs approved under this subpart are intended to meet the carriage requirements for uninspected commercial vessels under 40 ft (12 m) not carrying passengers for hire and PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 21045 recreational boats, in accordance with 33 CFR part 175. § 160.045–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR subpart 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. § 160.045–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone 847–272–8800; website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.045–15(e). (b) ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh Edition, October 1, 2008 (including revisions through November 23, 2020) (‘‘ANSI/UL 1123’’); IBR approved for §§ 160.045–7(e); 160.045–13(d). (c) ANSI/UL 1175, Standard for Buoyant Cushions, Fourth Edition, April 20, 2007 (including revisions through January 10, 2020) (‘‘ANSI/UL 1175’’); IBR approved for §§ 160.045– 7(e); 160.045–13(d). E:\FR\FM\07APP3.SGM 07APP3 21046 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.045–7 Design, construction, and performance of throwable PFDs. (a) General. Every throwable PFD must conform to the requirements as accepted by the Commandant for listing and labeling by a recognized laboratory, and must be of such design, materials, and construction as to meet the requirements specified in this section. (b) Designs and constructions. Throwable PFDs must not provide means for adjustment or close fitting to the body. Methods of construction must provide strengths, with reinforcements where necessary, to be adequate for the intended use and purpose of the device. (c) Materials. All materials used in any device covered by this subpart must meet the applicable requirements of subpart 164.019 of this chapter, must be all new materials, must be suitable for the purpose intended, and must be at least equivalent to corresponding materials specified for standard buoyant cushions. Hardware or fastenings must be of sufficient strength for the purpose of the device and must be of inherently corrosion-resistant material, such as stainless steel, brass, bronze, certain plastics, etc. Decorative platings of any thickness are permissible. Fabrics, coated fabrics, tapes, and webbing must be either mildew-resistant or treated for mildew resistance. Buoyancy provided by inherently buoyant material must not be dependent upon loose, granulated material. (d) Standard construction. A standard foam cushion that is designed to be thrown must be 2 inches or more in thickness and must have 225 or more square inches of top surface area. (e) Nonstandard construction. A nonstandard throwable PFD must meet the requirements in ANSI/UL 1123 or ANSI/UL 1175 (both incorporated by reference, see § 160.045–5) and any additional requirements that the Commandant may prescribe to approve unique or novel designs. (f) Buoyancy. (1) Ring life buoys must have 161⁄2 pounds or more of buoyancy. (2) Foam cushions must have 18 pounds or more of buoyancy. (3) A device other than those standard devices specified in paragraph (f)(1) or (2) of this section must have 20 pounds or more of buoyancy. (g) Workmanship. Throwable PFDs must be of first quality workmanship and must be free from any defects materially affecting their appearance or serviceability. § 160.045–9 Approval procedures for throwable PFDs. (a) Each application for approval of a throwable PFD must be submitted VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 directly to a Coast Guard recognized laboratory. (b) The recognized laboratory must determine if a throwable PFD with novel design features requires a preliminary review by the Coast Guard prior to testing. Submissions requiring preliminary review must be sent to TypeApproval@uscg.mil, and must include a full description and drawings. Pictures, samples, and preliminary test results may also be submitted. § 160.045–11 Recognized laboratory. (a) The approval inspections and tests required by § 160.045–13, and production inspections, tests, and quality control required by § 160.045– 15, must be conducted by an independent laboratory recognized by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https:// cgmix.uscg.mil. (b) The same laboratory that performs the approval tests must also perform production oversight unless the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing, as determined by the Commandant. § 160.045–13 tests. Approval inspections and (a) Each throwable PFD must be certified by a recognized laboratory as meeting the requirements of this subpart. Approval tests must be conducted or supervised by a recognized laboratory using PFDs constructed in accordance with the plans and specifications submitted with the application for approval. (b) Each throwable PFD design must be visually examined for compliance with the construction and performance requirements of this subpart. (c) Standard PFDs must be submerged in fresh water for 24 or more continuous hours. The measured buoyancy after the 24 hours of submersion must be the buoyancy specified in § 160.045–7(f). (d) Non-standard throwable PFDs must be subjected to approval tests specified in ANSI/UL 1123 or ANSI/UL 1175 (both incorporated by reference, see § 160.045–5) or another test program accepted by the Commandant. Approval tests must be conducted or supervised by a recognized laboratory using throwable PFDs constructed in accordance with the plans and specifications submitted with the application for approval. PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 (e) The Commandant may prescribe additional tests for approval of novel or unique designs. § 160.045–15 Production inspections, tests, and quality control of throwable PFDs. (a) Manufacturer’s inspection and tests. Manufacturers of approved throwable PFDs must maintain quality control of the materials used, manufacturing methods and the finished product to meet the applicable requirements, and make sufficient inspections and tests of representative samples and components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer and records of materials, including affidavits by suppliers that applicable requirements are met, must be made available to the recognized laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (b) Laboratory inspections and tests. The laboratory inspector will conduct examinations, inspections, and tests for listed and labeled devices, as required by the recognized laboratory, at the place of manufacture or other location at the option of the laboratory. (c) Test facilities. The laboratory inspector, or the Coast Guard marine inspector assigned by the Commander of the District in which the factory is located, or both, must be admitted to any place in the factory where work is being done on listed and labeled products. Either or both inspectors may take samples of parts or materials entering construction or final assemblies, for further examinations, inspections, or tests. The manufacturer must provide a suitable place and the apparatus necessary for the performance of the tests done at the place of manufacture. (d) Additional tests, etc. Unannounced examinations, tests, and inspections of samples obtained either directly from the manufacturer or through commercial channels may be made to determine the suitability of a product for listing and labeling, or to determine conformance of a labeled product to the applicable requirements. These may be conducted by the recognized laboratory or by the United States Coast Guard. (e) Follow-up program. A follow-up program in accordance with ANSI/CAN/ UL 9595 (incorporated by reference, see § 160.045–5) meets the requirements of this section. § 160.045–17 Marking and Labeling. (a) Each throwable PFD must be marked in accordance with the E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules recognized laboratory’s listing and labeling requirements in accordance with § 160.045–3(a). At a minimum, all labels must include— (1) Size information, as appropriate; (2) The Coast Guard approval number; (3) Manufacturer’s contact information; (4) Model name/number; (5) Lot number, manufacturer date; and (6) Any limitations or restrictions on approval or special instructions for use. (b) Marking must be of a type that will be durable and legible for the expected life of the device. (c) The Commandant may prescribe additional marking requirements for special purpose devices or unique or novel designs. § 160.045–21 PFD manuals. (a) An owner’s manual must be provided with each fully or partially inflatable throwable PFD sold or offered for sale. The text of each manual is reviewed with the application for approval. (b) The Commandant may prescribe additional information in the manual for special purpose devices or unique or novel designs. (c) Additional information, instructions, or illustrations may be included in the owner’s manual if there is no contradiction to the required information. § 160.045–23 Procedure for approval of design or material change. (a) The manufacturer must submit any proposed changes in design, material, or construction to the recognized laboratory for approval before changing throwable PFD production methods. (b) Determinations of equivalence of design, construction, and materials may be made only by the Commandant or a designated representative. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.045–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval of a throwable PFD if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. Subpart 160.048 [Removed and Reserved] 29. Remove and reserve subpart 160.048, consisting of §§ 160.048–1 through 160.048–8. ■ Subpart 160.052 [Removed and Reserved] 30. Remove and reserve subpart 160.052, consisting of §§ 160.052–1 through 160.052–9. ■ Subpart 160.055—Life Preservers, Unicellular Plastic Foam, Adult and Child, for Merchant Vessels 31. Revise § 160.055–1 to read as follows: ■ § 160.055–1 Scope. (a) This subpart contains requirements for production follow-up inspections for life preservers approved under this subpart prior to [EFFECTIVE DATE OF FINAL RULE]. (b) Life preservers approved under this subpart rely upon inherently buoyant material to achieve the minimum buoyancy. (c) Life preservers approved under this subpart are intended to meet the carriage requirements for wearable PFDs for uninspected passenger vessels, uninspected commercial vessels over 40 ft (12m), and for inspected vessels. (d) Each life preserver specified in this subpart is a: (1) Standard, bib type, vinyl dip coated: (i) Model 62, adult (for persons weighing over 90 pounds); or (ii) Model 66, child (for persons weighing less than 90 pounds); or (2) Standard, bib type, cloth covered; (i) Model 63, adult (for persons weighing over 90 pounds); or (ii) Model 67, child (for persons weighing less than 90 pounds); or (3) Nonstandard, shaped type: (i) Model,1 adult (for persons weighing over 90 pounds); or (ii) Model,1 child (for persons weighing less than 90 pounds). 1 A model designation for each nonstandard life preserver is to be assigned by the manufacturer. That designation must be different from any standard lifesaving device designation. § 160.055–2 [Removed and Reserved] 32. Remove and reserve § 160.055–2. 33. Revise § 160.055–3 to read as follows: ■ ■ Subpart 160.047 [Removed and Reserved] § 160.055–3 28. Remove and reserve subpart 160.047, consisting of §§ 160.047–1 through 160.047–7. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards ■ VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00033 Definitions. Fmt 4701 Sfmt 4702 21047 Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.255–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. § 160.055–4 [Removed and Reserved] 34. Remove and reserve § 160.055–4. 35. Revise § 160.055–5 to read as follows: ■ ■ § 160.055–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002 phone (847) 272–8800; website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.055–15(a). (b) [Reserved] § 160.055–6 ■ § 160.055–7 ■ [Removed and Reserved] 38. Remove and reserve § 160.055–8. § 160.055–9 ■ [Removed and Reserved] 37. Remove and reserve § 160.055–7. § 160.055–8 ■ [Removed and Reserved] 36. Remove and reserve § 160.055–6. [Removed and Reserved] 39. Remove and reserve § 160.055–9. E:\FR\FM\07APP3.SGM 07APP3 21048 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules 40. Add § 160.055–11 to read as follows: ■ § 160.055–11 Independent laboratory. The production inspections, tests, and quality control required by this subpart must be conducted by an independent laboratory accepted by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of accepted independent laboratories is available from the Commandant and online at https://cgmix.uscg.mil. ■ 41. Add § 160.055–15 to read as follows: ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.055–15 Production inspections, tests, and quality control of life preservers. (a) General. Production tests and inspections must be conducted in accordance with this section, subpart 159.007 of this chapter, and the independent laboratory’s procedures for production inspections and tests as accepted by the Commandant. The Commandant may prescribe additional production tests and inspections necessary to maintain quality control and to monitor compliance with the requirements of this subchapter. A follow-up program in accordance with ANSI/CAN/UL 9595 (incorporated by reference, see § 160.055–5), meets the requirements of this subpart. (b) Oversight. In addition to responsibilities set out in part 159 of this chapter and the accepted laboratory procedures for production inspections and tests, each manufacturer of a life preserver and each laboratory inspector must comply with the following, as applicable: (1) Manufacturer. Each manufacturer must— (i) perform all tests and examinations necessary to show compliance with this subpart on each lot before any inspector’s tests and inspection of the lot; (ii) follow established procedures for maintaining quality control of the materials used, manufacturing operations, and the finished product; and (iii) allow an inspector to take samples of completed units or of component materials for tests required by this subpart and for tests relating to the safety of the design. (2) Laboratory. An inspector from the accepted laboratory must oversee production in accordance with the laboratory’s procedures for production inspections and tests accepted by the Commandant. During production oversight, the inspector must not perform or supervise any production test or inspection unless— (i) the manufacturer has a valid approval certificate; and VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 (ii) the inspector has first observed the manufacturer’s production methods and any revisions to those methods. (3) At least quarterly, the inspector must check the manufacturer’s compliance with the company’s quality control procedures, examine the manufacturer’s required records, and observe the manufacturer perform each of the required production tests. (c) Test facilities. The manufacturer must provide a suitable place and apparatus for conducting the tests and inspections necessary to determine compliance of life preservers with this subpart. The manufacturer must provide means to secure any test that is not continuously observed, such as the 48hour buoyancy test. The manufacturer must have the calibration of all test equipment checked in accordance with the test equipment manufacturer’s recommendation and interval but not less than at least once every year. (d) Lots. A lot must not consist of more than 1000 life preservers. A lot number must be assigned to each group of life preservers produced. Lots must be numbered serially. A new lot must be started whenever any change in materials or a revision to a production method is made, and whenever any substantial discontinuity in the production process occurs. The lot number assigned, along with the approval number, must enable the PFD manufacturer to determine the supplier’s identifying information for the component lot. (e) Samples. (1) From each lot of life preservers, manufacturers must randomly select a number of samples from completed units at least equal to the applicable number required by table 1 to § 160.055–15(e)(1) for buoyancy testing. Additional samples must be selected for any tests, examinations, and inspections required by the laboratory’s production inspections and tests procedures. TABLE 1 TO § 160.055–15(e)(1)— SAMPLING FOR BUOYANCY TESTS Number of life preservers in sample Lot size 100 101 201 301 501 751 and under .......................... to 200 ................................ to 300 ................................ to 500 ................................ to 750 ................................ to 1,000 ............................. 1 2 3 4 6 8 (2) For a lot succeeding one from which any sample life preserver failed the buoyancy test, the sample must consist of not less than ten specimen life PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 preservers to be tested for buoyancy in accordance with paragraph (f) of this section. (f) Buoyancy test. The buoyancy of the life preservers must be determined by measuring the upward force exerted by the individual submerged unit. The buoyancy measurement must be made at the end of the 48 hours of submersion, during which period the pad inserts must not be disturbed. (g) Buoyancy required. The buoyant pad inserts from Model 3 adult life preservers must provide not less than 25 pounds buoyancy in fresh water, and the pads from Model 5 child life preservers must provide not less than 16.5 pounds buoyancy. (h) Lot inspection. On each lot, the laboratory inspector must perform a final lot inspection to be satisfied that the life preservers meet this subpart. Each lot must demonstrate— (1) first quality workmanship; (2) that the general arrangement and attachment of all components, such as body straps, closures, tie tapes, and drawstrings, are as specified in the approved plans and specifications; (3) compliance with the marking requirements; and (4) the information pamphlet or placard specified in 33 CFR part 181 subpart G, if required, is securely attached to the device, with the PFD selection information visible and accessible prior to purchase. (i) Lot acceptance. When the independent laboratory has determined that the life preservers in the lot are of a type officially approved in the name of the company, and that such life preservers meet the requirements of this subpart, they must be plainly marked in waterproof ink with the independent laboratory’s name or identifying mark. (j) Lot rejection. Each nonconforming unit must be rejected. If three or more nonconforming units are rejected for the same kind of defect, lot inspection must be discontinued and the lot rejected. The inspector must discontinue lot inspection and reject the lot if examination of individual units or the records for the lot shows noncompliance with either this subchapter or the laboratory’s or the manufacturer’s quality control procedures. A rejected unit or lot may be resubmitted for testing and inspection if the manufacturer first removes and destroys each defective unit or, if authorized by the laboratory, reworks the unit or lot to correct the defect. A rejected lot or rejected unit must not be sold or offered for sale under the representation that it meets this subpart or that it is Coast Guard approved. E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules 42. Add § 160.055–19 to read as follows: ■ § 160.055–19 Pamphlet or placard. Each life preserver sold or offered for sale for use on recreational boats must be provided with a pamphlet or placard that a prospective purchaser can read prior to purchase, as specified in 33 CFR part 181 subpart G. ■ 43. Add § 160.055–23 to read as follows: § 160.055–23 Procedure for approval of design or material change. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. Subpart 160.060—Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child 45. Revise § 160.060–1 to read as follows: ■ ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.060–1 Scope. (a) This subpart contains requirements for production follow-up inspections for buoyant vests approved under this subpart prior to [EFFECTIVE DATE OF FINAL RULE]. (b) Buoyant vests approved under this subpart rely upon inherently buoyant material to achieve the minimum buoyancy. (c) Buoyant vests approved under this subpart are intended to meet the carriage requirements for wearable PFDs for uninspected passenger vessels, uninspected commercial vessels over 40 ft (12m), and for inspected vessels. (d) Each buoyant vest specified in this subpart is a standard model: (1) Standard: (i) Model AY, adult (for persons weighing over 90 pounds); or (ii) Model CYM, child, medium (for children weighing from 50 to 90 pounds); or (iii) Model CYS, child, small (for children weighing less than 50 pounds). (2) Nonstandard: VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 1A model designation for a nonstandard vest is to be assigned by the individual manufactured and must be different from any standard vest. § 160.060–2 [Removed and Reserved] 46. Remove and reserve § 160.060–2. 47. Revise § 160.060–3 to read as follows: ■ ■ (a) The manufacturer must submit any proposed changes in design, material, or construction to typeapproval@uscg.mil for approval before changing life preserver production methods. (b) Only the Commandant or a designated representative may make determinations of equivalence of design, construction, and materials. ■ 44. Add § 160.055–25 to read as follows: § 160.055–25 approval. (i) Model,1 adult (for persons weighing over 90 pounds); or (ii) Model,1 child, medium (for persons weighing from 50 to 90 pounds); or (iii) Model,1 child, small (for persons weighing less than 50 pounds). cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone (847) 272–8800; website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.060–15(h). (b) [Reserved] § 160.060–6 ■ § 160.060–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.255–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR subpart 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. § 160.060–3a ■ [Removed and Reserved] 48. Remove and reserve § 160.060–3a. § 160.060–4 [Removed and Reserved] 49. Remove and reserve § 160.060–4. 50. Revise § 160.060–5 to read as follows: ■ ■ § 160.060–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 21049 § 160.060–7 ■ [Removed and Reserved] 52. Remove and reserve § 160.060–7. § 160.060–8 ■ [Removed and Reserved] 51. Remove and reserve § 160.060–6. [Removed and Reserved] 53. Remove and reserve § 160.060–8. § 160.060–9 [Removed and Reserved] 54. Remove and reserve § 160.060–9. 55. Add § 160.060–11 to read as follows: ■ ■ § 160.060–11 Independent laboratory. (a) The production inspections, tests, and quality control required by this subpart must be conducted by an independent laboratory recognized by the Coast Guard under 46 CFR 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https://cgmix.uscg.mil. (b) The same laboratory that performs the approval tests must also perform production oversight unless the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing, as determined by the Commandant. ■ 56. Add § 160.060–15 to read as follows: § 160.060–15 Production inspections, tests, and quality control. (a) General. Manufacturers of listed and labeled buoyant vests must— (1) Maintain quality control of the materials used, the manufacturing methods, and the finished product to meet the applicable requirements of this subpart by conducting sufficient inspections and tests of representative samples and components produced; (2) Make available to the recognized laboratory inspector or the Coast Guard inspector, upon request, records of tests conducted by the manufacturer and records of materials used during production of the device, including affidavits by suppliers; and (3) Permit any examination, inspection, or test required by the E:\FR\FM\07APP3.SGM 07APP3 21050 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules must exceed the buoyancy of the inserts. To obtain the buoyancy of the inserts, proceed as follows: (i) Weigh the empty wire basket under water. (ii) Place the inserts inside the basket and submerge it so that the top of the basket is at least 2 inches below the surface of the water. Allow the inserts to remain submerged for 24 hours. The tank must be locked or sealed during this 24-hour submergence period. It is important that after the inserts have once been submerged they remain submerged for the duration of the test, and at no time during the course of the test removed from the tank or otherwise exposed to air. (iii) After the 24-hour submergence period, unlock or unseal the tank and weigh the wire basket with the inserts TABLE 1 TO § 160.060–15(b)(4)— inside while both are still under water. SAMPLE FOR BUOYANCY TESTS (iv) The buoyancy is computed as paragraph (e)(1)(i) of this section minus Number of Lot size vests in paragraph (e)(1)(iii) of this section. sample (2) Buoyancy required. The buoyant inserts from adult size buoyant vests 100 and under .......................... 1 101 to 200 ................................ 2 must provide not less than 151 2044;2 201 to 300 ................................ 3 pounds of buoyancy in fresh water; the 301 to 500 ................................ 4 inserts from the child medium size buoyant vests must provide not less (5) If a sample vest fails the buoyancy than 11 pounds buoyancy; and the test, the sample from the next inserts from the child small size succeeding lot must consist of 10 buoyant vests must provide not less specimen vests or more to be tested for than 7 pounds buoyancy. buoyancy in accordance with paragraph (f) Body strap test. The complete body (e) of this section. strap assembly, including hardware (c) Additional compliance tests. An must be tested for strength by attaching inspector may conduct an examination, the D-ring to a suitable support such test, and inspection of a buoyant device that the assembly hangs vertically its obtained from the manufacturer or full length. A weight of 150 pounds for through commercial channels to an adult size and 115 pounds for a child determine the suitability of the device size must be attached to the other end for listing and labeling, or to determine on the snap hook for 10 minutes. The its conformance to applicable specified weight must not break or requirements. excessively distort the body strap (d) Test facilities. The manufacturer assembly. must admit the inspector to any part of (g) Additional approval tests for the premises at the place of manufacture nonstandard vests. Tests in addition to of a listed and labeled device to— those required by this section may be (1) Examine, inspect, or test a sample conducted by the inspector for a of a part or a material that is included nonstandard vest to determine in the construction of the device; and performance equivalence to a standard (2) Conduct any examination, vest. Such additional tests may include inspection, or test in a suitable place determining performance in water, and with appropriate apparatus suitability of materials, donning time, provided by the manufacturer. ease of adjustment, and similar (e) Buoyancy. (1) Buoyancy test method. Remove the equivalency tests. Costs for any buoyant inserts from the vests. Securely additional tests must be assumed by the manufacturer. attach the spring scale in a position (h) Follow-up program. A follow-up directly over the test tank. Suspend the program in accordance with ANSI/CAN/ weighted wire basket from the scale in UL 9595 (incorporated by reference, see such a manner that the basket can be § 160.060–5) meets the requirements of weighed while it is completely under this section. water. In order to measure the actual buoyancy provided by the inserts, the ■ 57. Add § 160.060–19 to read as underwater weight of the empty basket follows: ddrumheller on DSK120RN23PROD with PROPOSALS3 recognized laboratory or the Coast Guard for a produced listed and labeled device, either at the place of manufacture or some other location. (b) Lot size and sampling. (1) A lot must consist of 500 buoyant vests or fewer; (2) A new lot begins after any change or modification in materials used or manufacturing methods employed; (3) The manufacturer of the buoyant vests must notify the recognized laboratory when a lot is ready for inspection; (4) The manufacturer must select samples in accordance with the requirements in Table 1 to § 160.060– 15(b)(4) from each lot of buoyant vests to be tested for buoyancy in accordance with paragraph (e) of this section; and VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 § 160.060–19 Pamphlet or placard. Each buoyant vest sold or offered for sale for use on recreational boats must be provided with a pamphlet or placard that a prospective purchaser can read prior to purchase, as specified in 33 CFR part 181 subpart G. ■ 58. Add § 160.060–23 to read as follows: § 160.060–23 Procedure for approval of design or material change. (a) The manufacturer must submit any proposed changes in design, material, or construction to typeapproval@uscg.mil for approval before changing PFD production methods. (b) Only the Commandant or a designated representative may make determinations of equivalence of design, construction, and materials. ■ 59. Add § 160.060–25 to read as follows: § 160.060–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. Subpart 160.064—Marine Buoyant Devices 60. Revise § 160.064–1 to read as follows: ■ § 160.064–1 Scope. (a) This subpart contains requirements for production follow-up inspections for wearable PFDs and throwable PFDs approved under this subpart prior to [EFFECTIVE DATE OF FINAL RULE]. (b) PFDs approved under this subpart are intended to meet the carriage requirements for PFDs for uninspected commercial vessels under 40 ft (12m) not carrying passengers for hire and recreational boats, in accordance with 33 CFR 175 and 46 CFR 25.25. (c) PFDs covered by this subpart are of two general types: those intended to be worn on the body and those intended to be thrown. § 160.064–2 [Removed and Reserved] 61. Remove and reserve § 160.064–2. 62. Revise § 160.064–3 to read as follows: ■ ■ § 160.064–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First class workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.264–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR subpart 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. independent laboratory recognized by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https:// cgmix.uscg.mil. (b) The same laboratory that performs the approval tests must also perform production oversight unless the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing, as determined by the Commandant. ■ 68. Add § 160.064–15 to read as follows: § 160.064–4 (a) Manufacturer’s inspection and tests. Manufacturers of approved PFDs must maintain quality control of the materials used, manufacturing methods, and the finished product to meet the applicable requirements, and make sufficient inspections and tests of representative samples and components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer and records of materials, including affidavits by suppliers that applicable requirements are met, must be made available to the recognized laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (b) Laboratory inspections and tests. The laboratory inspector will conduct examinations, inspections, and tests for listed and labeled devices, as required by the recognized laboratory, at the place of manufacture or other location at the option of the laboratory. (c) Test facilities. The laboratory inspector, or the Coast Guard marine inspector assigned by the Commander of the District in which the factory is located, or both, must be admitted to any place in the factory where work is being done on listed and labeled products. Either or both inspectors may take samples of parts or materials entering construction or final assemblies, for further examinations, inspections, or tests. The manufacturer must provide a suitable place and the apparatus necessary for the performance of the tests done at the place of manufacture. (d) Additional tests, etc. Unannounced examinations, tests, and inspections of samples obtained either directly from the manufacturer or through commercial channels may be made to determine the suitability of a product for listing and labeling, or to [Removed and Reserved] 63. Remove and reserve § 160.064–4. 64. Add § 160.064–5 to read as follows: ■ ■ § 160.064–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone (847) 272–8800; website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.064–15(e). (b) [Reserved] § 160.064–6 ddrumheller on DSK120RN23PROD with PROPOSALS3 ■ [Removed and Reserved] 65. Remove and reserve § 160.064–6. § 160.064–7 [Removed and Reserved] 66. Remove and reserve § 160.064–7. 67. Add § 160.064–11 to read as follows: ■ ■ § 160.064–11 Recognized laboratory. (a) The production inspections, tests, and quality control required by this subpart must be conducted by an VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 § 160.064–15 Production inspections, tests, and quality control of PFDs. PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 21051 determine conformance of a labeled product to the applicable requirements. These may be conducted by the recognized laboratory or the United States Coast Guard. (e) Follow-up program. A follow-up program in accordance with ANSI/CAN/ UL 9595 (incorporated by reference, see § 160.064–5) meets the requirements of this section. ■ 69. Add § 160.064–23 to read as follows: § 160.064–23 Procedure for approval of design or material change. (a) The manufacturer must submit any proposed changes in design, material, or construction to the recognized laboratory for approval before changing PFD production methods. (b) Determinations of equivalence of design, construction, and materials must be made only by the Commandant or a designated representative. ■ 70. Add § 160.064–25 to read as follows: § 160.064–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval of a PFD design if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. Subpart 160.076—Inflatable Recreational Personal Flotation Devices 71. Revise § 160.076–1 to read as follows: ■ § 160.076–1 Scope. (a) This subpart contains requirements for production follow-up inspections for inflatable recreational personal flotation devices (PFDs) approved prior to [EFFECTIVE DATE OF FINAL RULE]. (b) Inflatable PFDs approved under this subpart rely partially or entirely upon inflation for buoyancy. ■ 72. Revise § 160.076–5 to read as follows: § 160.076–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin E:\FR\FM\07APP3.SGM 07APP3 21052 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone (847) 272–8800 website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.076–29(a). (b) [Reserved]. § 160.076–11 ■ § 160.076–13 ■ [Removed and Reserved] 75. Remove and reserve § 160.076–21. § 160.076–23 ■ [Removed and Reserved] 74. Remove and reserve § 160.076–13. § 160.076–21 ■ [Removed and Reserved] 73. Remove and reserve § 160.076–11. [Removed and Reserved] 76. Remove and reserve § 160.076–23. § 160.076–25 [Removed and Reserved] 77. Remove and reserve § 160.076–25. 78. Amend § 160.076–29 by: a. Revising the first sentence of paragraph (a); ■ b. Removing in paragraph (c)(1)(i), the text ‘‘Except as provided in paragraph (e)(2) of this section, perform’’ and adding, in its place, the text ‘‘Perform’’; ■ c. Removing paragraphs (c)(5), (6), (e)(3) through (5), (f), and (g); and ■ d. Redesignating paragraph (h) as paragraph (f). The revisions read as follows: ■ ■ ■ § 160.076–29 Production oversight. ■ § 160.76–33 § 160.076–35 placard. § 160.076–37 ■ VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 Owner’s manual. (a) General. The manufacturer must provide an owner’s manual with each inflatable PFD sold or offered for sale. (b) Manual contents. The manual must contain the information as approved by the Commandant. If the PFD is conditionally approved, an explanation of the meaning of and reasons for the approval conditions must be included. § 160.076–39 79. Amend § 160.076–31 by: a. Removing in paragraph (a), the text ‘‘§ 160.076–29(e)’’ and adding, in its place, the words ‘‘the sampling plan accepted by the Commandant’’; ■ b. Removing in paragraph (b)(1), the text ‘‘in paragraphs (c)(2) through (c)(8) of this section’’ and adding, in its place, the words ‘‘specified in the follow-up program accepted by the Commandant’’; ■ c. Removing in paragraph (b)(2), the text ‘‘in paragraphs (c)(4) through (c)(8) of this section’’ and adding, in its place, the words ‘‘specified in the follow-up program accepted by the Commandant’’; Information pamphlet or A pamphlet or placard accepted by the Commandant must be attached to each inflatable PFD sold or offered for sale in such a way that a prospective purchaser can read the pamphlet prior to purchase. The pamphlet or placard text and layout must be submitted to the Commandant for approval. The text must be printed in each pamphlet or placard exactly as approved by the Commandant. Additional information, instructions, or illustrations must not be included within the approved text and layout. Sample pamphlet text and layout may be obtained by contacting the Commandant. This pamphlet or placard may be combined with the manual required by § 160.076–37 if PFD selection and warning information is provided on the PFD packaging in such a way that it remains visible until purchase. ■ 82. Revise § 160.076–37 to read as follows: § 160.76–31 [Amended] [Amended] 80. Amend § 160.076–33 by removing and reserving paragraph (b)(6). ■ 81. Revise § 160.076–35 to read as follows: ■ (a) Production tests and inspections must be conducted in accordance with ANSI/CAN/UL 9595 (incorporated by reference, see § 160.076–5) or an alternative follow-up procedure accepted by the Commandant. * * * * * * * * ■ ■ ddrumheller on DSK120RN23PROD with PROPOSALS3 d. Removing paragraph (c); e. Redesignating paragraphs (d) and (e) as (c) and (d); and ■ f. Removing the second sentence of redesignated paragraph (c)(1). ■ [Amended] 83. In the introductory text to § 160.076–39, removing the text ‘‘specified in UL 1180 (incorporated by reference, see § 160.076–11)’’ and adding, in its place, the words ‘‘approved by the Commandant’’. Subpart 160.077 [Removed and Reserved] 84. Remove and reserve subpart 160.077, consisting of §§ 160.077–1 through 160.077–31. ■ 85. Add subpart 160.255, consisting of §§ 160.255–1 through 160.255–27, to read as follows: ■ PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 Subpart 160.255—Commercial Lifejackets § 160.255–1 Scope. (a) This subpart contains structural and performance standards for approval of Level 100 lifejackets, as well as requirements for production follow-up inspections, markings, information placards, and associated manuals. (b) Lifejackets approved under this subpart must rely upon inherently buoyant material, inflation, or a combination to achieve the minimum buoyancy. (c) Lifejackets approved under this subpart are intended to meet the carriage requirements for wearable PFDs for uninspected passenger vessels, uninspected commercial vessels over 40 ft (12m) and for inspected vessels. § 160.255–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.255–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR subpart 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. § 160.255–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone (847) 272–8800; website: www.ul.com. (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.255–15(a). (b) ANSI/CAN/UL 12402–4:2020, Standard for Personal Flotation Devices—Part 4: Lifejackets, Performance Level 100—Safety Requirements, First Edition, July 9, 2020 (‘‘ANSI/CAN/UL 12402–4’’); IBR approved for §§ 160.255–7(a); 160.255– 13(a) and (b); 160.255–17(a); 160.255– 19; 160.255–21(a). § 160.255–7 Design, construction, and performance of lifejackets. (a) Each Level 100 lifejacket design must— (1) Meet the requirements in ANSI/ CAN/UL 12402–4 (incorporated by reference, see § 160.255–5) for a Level 100 device, and the requirements of this subpart; and (2) For novel or unique designs, meet any additional requirements that the Commandant may prescribe. (b) Lifejackets must be of first quality workmanship and must be free from any defects materially affecting their appearance or serviceability. (c) Lifejackets must not provide means intended for fastening or securing the device to a boat. § 160.255–9 lifejackets. Approval procedures for (a) Each application for approval of a Level 100 lifejacket must be submitted directly to a Coast Guard recognized laboratory. (b) The recognized laboratory must determine if a lifejacket with novel design features requires a preliminary review by the Coast Guard prior to testing. Submissions requiring preliminary review must be sent to TypeApproval@uscg.mil, and must include a full description and drawings. Pictures, samples, and preliminary test results may also be submitted. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.255–11 Recognized laboratory. (a) The approval inspections and tests, production inspections, tests, and quality control required by this subpart must be conducted by an independent laboratory recognized by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https://cgmix.uscg.mil. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 (b) The same laboratory that performs the approval tests must also perform production oversight unless the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing, as determined by the Commandant. § 160.255–13 tests. Approval inspections and (a) Each lifejacket must be certified by a recognized laboratory as meeting the requirements of ANSI/CAN/UL 12402–4 (incorporated by reference, see § 160.255–5). Approval tests specified in ANSI/CAN/UL 12402–4 must be conducted or supervised by a recognized laboratory using prototype lifejackets constructed in accordance with the plans and specifications submitted with the application for approval. (b) Each lifejacket design must be visually examined for compliance with the construction and performance requirements of this subpart and ANSI/ CAN/UL 12402–4 (incorporated by reference, see § 160.255–5). (c) The Commandant may prescribe additional tests for approval of novel or unique designs. § 160.255–15 Production inspections, tests, and quality control of lifejackets. (a) General. Production tests and inspections must be conducted in accordance with ANSI/CAN/UL 9595 (incorporated by reference, see § 160.255–5), or an alternative follow-up procedure accepted by the Commandant. To maintain approval, the manufacturer must be in good standing under an accepted follow-up procedure. (b) Manufacturer’s inspection and tests. Manufacturers of approved lifejackets must maintain quality control of the materials used, manufacturing methods, and the finished product so as to meet the applicable requirements, and make sufficient inspections and tests of representative samples and components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer and records of materials, including affidavits by suppliers that applicable requirements are met, must be made available to the recognized laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (c) Laboratory inspections and tests. The laboratory inspector will conduct examinations, inspections, and tests for listed and labeled devices, as required by the recognized laboratory, at the PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 21053 place of manufacture or other location at the option of the laboratory. (d) Test facilities. The inspector must be admitted to any place in the factory where work is being done on listed and labeled products, and the inspector may take samples of parts or materials entering construction or final assemblies, for further examinations, inspections, or tests. The manufacturer must provide a suitable place and the apparatus necessary for the performance of the tests done at the place of manufacture. (e) Additional tests, etc. Unannounced examinations, tests, and inspections of samples obtained either directly from the manufacturer or through commercial channels may be made to determine the suitability of a product for listing and labeling, or to determine conformance of a labeled product to the applicable requirements. These may be conducted by the recognized laboratory or the United States Coast Guard. § 160.255–17 Marking and Labeling. (a) Each lifejacket must be marked with the appropriate label as specified in Figure 6DV of ANSI/CAN/UL 12402– 4 (incorporated by reference, see § 160.255–5). (b) The Commandant may prescribe additional marking requirements for special purpose devices or unique or novel designs. § 160.255–19 Placard. Each lifejacket sold or offered for sale must be provided with a placard that a prospective purchaser can read prior to purchase, as specified in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You Will Want to Wear, of ANSI/CAN/UL 12402–4 (incorporated by reference, see § 160.255–5). The required placard text must be printed exactly as set out in ANSI/CAN/UL 12402–4, unless otherwise approved by the Commandant. § 160.255–21 Lifejacket manuals. (a) An owner’s manual in accordance with Figure 7DV of ANSI/CAN/UL 12402–4 (incorporated by reference, see § 160.255–5), must be provided with each inflatable lifejacket sold or offered for sale. The text of each manual is reviewed with the application for approval. (b) The Commandant may prescribe additional information in the manual for special purpose devices or unique or novel designs. (c) Additional information, instructions, or illustrations may be included in the owner’s manual if there is no contradiction to the required information. E:\FR\FM\07APP3.SGM 07APP3 21054 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules § 160.255–23 Procedure for approval of design or material change. (a) The manufacturer must submit any proposed changes in design, material, or construction to the recognized laboratory for approval before changing lifejacket production methods. (b) Determinations of equivalence of design, construction, and materials must be made only by the Commandant or a designated representative. § 160.255–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval of a lifejacket design if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.255–27 Servicing for fully and partially inflatable lifejackets. (a) General. Each lifejacket that relies fully or partially on inflation and is approved under this subchapter must be serviced at approved facilities at 12month intervals according to this section. (1) Each manufacturer of an approved inflatable lifejacket must provide one or more Coast Guard-approved facilities for servicing those lifejackets. The manufacturer must notify the Commandant whenever an approved facility under its organization no longer provides servicing of a lifejacket make and model listed in the guidelines required by paragraph (d) of this section. (2) Each manufacturer of an approved inflatable lifejacket must make replacement parts available to Coast Guard-approved independent servicing facilities. (b) Servicing facilities. Each Coast Guard-approved servicing facility must meet the requirements of this paragraph and paragraph (d) of this section to receive and keep its approval for each make and model of lifejacket. Approval is obtained according to § 160.255–5(c) of this part. (1) Each servicing facility must conduct lifejacket servicing according to its servicing guidelines and follow the procedures in the service manual required by this section. (2) Each servicing facility must have a suitable site for servicing that must be clean, well lit, free from excessive dust, drafts, and strong sunlight, and have appropriate temperature and humidity control as specified in the service manual. (3) Each servicing facility must have the appropriate service, repair, and test equipment and spare parts for performing required tests and repairs. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 (4) Each servicing facility must have a current manufacturer’s service manual for each make and model of lifejacket serviced. (5) A servicing facility may have more than one servicing site provided that each site meets the requirements of paragraph (b)(2) of this section. (6) Each servicing facility must be inspected at intervals not exceeding six months by an accepted independent laboratory, and a report of the inspections must be submitted to the Commandant at least annually. The report must contain enough information to show compliance with paragraphs (b)(1) through (4) of this section and paragraph (d) of this section. Where a facility uses more than one site the report must show compliance at each site at least biennially. (c) Service manual. (1) Each manufacturer of an approved inflatable lifejacket must prepare a service manual for the lifejacket. The service manual must be approved by the Commandant according to § 160.176–5(b) of this part. (2) The manufacturer must make the service manual, service manual revisions, and service bulletins available to each approved servicing facility. (3) Each service manual must contain the following: (i) Detailed procedures for inspecting, servicing, and repackaging the lifejacket; (ii) A list of approved replacement parts and materials to be used for servicing and repairs, if any; (iii) A requirement to mark the date and servicing facility name on each lifejacket serviced; (iv) Frequency of servicing; and (v) Any specific restrictions or special procedures prescribed by the Coast Guard or manufacturer. (4) Each service manual revision and service bulletin which authorizes the modification of a lifejacket, or which affects a requirement under this subpart, must be approved by the Commandant. Other revisions and service bulletins are not required to be approved, but a copy of each must be sent to the Commandant when it is issued. At least once each year, the manufacturer must provide to the Commandant and to each servicing facility approved to service its lifejackets a bulletin listing each service manual revision and bulletin in effect. (d) Servicing facilities guidelines. Each servicing facility must have written guidelines that include the following: (1) Identification of each make and model of lifejacket that may be serviced by the facility as well as the manual and revision to be used for servicing; PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 (2) Identification of the person, by title or position, who is responsible for the servicing program; (3) Training and qualifications of servicing technicians; (4) Provisions for the facility to retain a copy of its current letter of approval from the Coast Guard at each site; and (5) Requirements to— (i) Ensure each inflatable lifejacket serviced under its Coast Guard approval is serviced in accordance with the manufacturer’s service manual; (ii) Keep servicing technicians informed of each approved servicing manual revision and bulletin and ensure servicing technicians understand each change and new technique related to the lifejackets serviced by the facility; (iii) Calibrate each pressure gauge, weighing scale, and mechanically operated barometer at intervals of not more than one year; (iv) Ensure each inflatable lifejacket serviced under the facility’s Coast Guard approval is serviced by or under the supervision of a servicing technician who meets the requirements of paragraph (d)(3) of this section; (v) Specify each make and model of lifejacket the facility is approved to service when it represents itself as approved by the U.S. Coast Guard; and (vi) Not service any lifejacket for a U.S. registered commercial vessel, unless it is approved by the U.S. Coast Guard to service the make and model of lifejacket. (e) Servicing records. Each servicing facility must maintain records of all completed servicing. These records must be retained for at least 5 years after they are made, be made available to any Coast Guard representative and independent laboratory inspector upon request, and include at least the following: (1) Date of servicing, number of lifejackets serviced, lot identification, approval number, and test results data for the lifejackets serviced; (2) Identification of the person conducting the servicing; (3) Identity of the vessel receiving the serviced lifejackets; and (4) Date of return to the vessel. ■ 86. Add new subpart 160.264, consisting of §§ 160.264–1 through 160.264–25, to read as follows: Subpart 160.264—Wearable Recreational Personal Flotation Devices (PFDs) § 160.264–1 Scope. (a) This subpart contains structural and performance standards for approval of Level 50 and Level 70 inherently buoyant personal flotation devices E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules (PFDs), as well as requirements for production follow-up inspections, markings, information placards, and associated manuals. (b) PFDs approved under this subpart rely entirely upon inherently buoyant material to achieve the minimum buoyancy. (c) PFDs approved under this subpart are intended to meet the carriage requirements for wearable PFDs for uninspected commercial vessels under 40 ft (12m) not carrying passengers for hire and recreational boats, in accordance with 33 CFR part 175 and 46 CFR 25.25. § 160.264–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593.–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.264–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR subpart 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.264–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2002; phone (847) 272–8800; website: www.ul.com. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.264–15(a). (b) ANSI/CAN/UL 12402–5:2022, Standard for Personal Flotation Devices—Part 5: Buoyancy Aids (Level 50)—Safety Requirements, First Edition, December 31, 2015 (including revisions through January 27, 2022) (‘‘ANSI/CAN/ UL 12402–5’’); IBR approved for §§ 160.264–7(a) and (b); 160.264–13(a) and (b); 160.264–17(a); 160.264–19; 160.264–21(a). § 160.264–7 Design, construction, and performance of PFDs. (a) Each Level 70 PFD design must— (1) Meet the requirements in ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.264–5) for a Level 70 device; and (2) For novel or unique designs, meet any additional requirements that the Commandant may prescribe. (b) Each Level 50 PFD design must— (1) Meet the requirements in ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.264–5) for a Level 50 device; (2) Be marked to indicate that the device must be worn to be counted as equipment required by vessels meeting USCG regulations; and (3) For novel or unique designs, meet any additional requirements that the Commandant may prescribe. (c) Buoyancy is to be provided by inherently buoyant material and not depend on loose, granulated material, gas compartments, or inflation. (d) PFDs must be of first quality workmanship and must be free from any defects materially affecting their appearance or serviceability. (e) PFDs must not provide means intended for fastening or securing the device to a boat. § 160.264–9 PFDs. Approval procedures for (a) Each application for approval of a Level 50 or Level 70 PFD must be submitted directly to a Coast Guard recognized laboratory. (b) The recognized laboratory must determine if a PFD with novel design features requires a preliminary review by the Coast Guard prior to testing. Submissions requiring preliminary review must be sent to TypeApproval@ uscg.mil, and must include a full description and drawings. Pictures, samples, and preliminary test results may also be submitted. PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 § 160.264–11 21055 Recognized laboratory. (a) The approval inspections and tests, production inspections, tests, and quality control required by this subpart must be conducted by an independent laboratory recognized by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https://cgmix.uscg.mil. (b) Production oversight must be performed by the same laboratory that performs the approval tests unless, as determined by the Commandant, the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing. § 160.264–13 tests. Approval inspections and (a) Each PFD must be certified by a recognized laboratory as meeting the requirements of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.264–5) for an inherently buoyant Level 50 or Level 70 PFD. Approval tests specified in ANSI/CAN/UL 12402– 5 must be conducted or supervised by a recognized laboratory using PFDs constructed in accordance with the plans and specifications submitted with the application for approval. (b) Each PFD design must be visually examined for compliance with the construction and performance requirements of this subpart and ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.264–5). (c) The Commandant may prescribe additional tests for approval of novel or unique designs. § 160.264–15 Production inspections, tests, and quality control of PFDs. (a) General. Production tests and inspections must be conducted in accordance with ANSI/CAN/UL 9595 (incorporated by reference, see § 160.264–5) or an alternative follow-up procedure accepted by the Commandant. To maintain approval, the manufacturer must be in good standing under an accepted follow-up procedure. (b) Manufacturer’s inspection and tests. Manufacturers of approved PFDs must maintain quality control of the materials used, manufacturing methods, and the finished product to meet the applicable requirements, and make sufficient inspections and tests of representative samples and components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer and records of materials, including affidavits by suppliers that applicable E:\FR\FM\07APP3.SGM 07APP3 21056 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules requirements are met, must be made available to the recognized laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (c) Laboratory inspections and tests. The laboratory inspector will conduct examinations, inspections, and tests for listed and labeled devices, as required by the recognized laboratory, at the place of manufacture or other location at the option of the laboratory. (d) Test facilities. The laboratory inspector, or the Coast Guard marine inspector assigned by the Commander of the District in which the factory is located, or both, must be admitted to any place in the factory where work is being done on listed and labeled products. Either or both inspectors may take samples of parts or materials entering construction or final assemblies, for further examinations, inspections, or tests. The manufacturer must provide a suitable place and the apparatus necessary for the performance of the tests done at the place of manufacture. (e) Additional tests, etc. Unannounced examinations, tests, and inspections of samples obtained either directly from the manufacturer or through commercial channels may be made to determine the suitability of a product for listing and labeling, or to determine conformance of a labeled product to the applicable requirements. These may be conducted by the recognized laboratory or the United States Coast Guard. § 160.264–17 Marking and Labeling. (a) Each PFD must be marked with the appropriate label as specified in Figure 6DV of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.264–5). (b) The Commandant may prescribe additional marking requirements for special purpose devices or unique or novel designs. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.264–19 Placard. Each PFD sold or offered for sale must be provided with a placard that a prospective purchaser can read prior to purchase, as specified in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You Will Want to Wear, of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.264–5). The required placard text must be printed exactly as set out in ANSI/CAN/UL 12402–5. § 160.264–21 PFD manuals. (a) An owner’s manual in accordance with Figure 7DV of ANSI/CAN/UL 12402–5 (incorporated by reference, see VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 § 160.264–5), may be provided with each inherently buoyant PFD sold or offered for sale. The text of each manual is reviewed with the application for approval. (b) The Commandant may prescribe additional information in the manual for special purpose devices or unique or novel designs. (c) Additional information, instructions, or illustrations may be included in the owner’s manual if there is no contradiction to the required information. § 160.264–23 Procedure for approval of design or material change. (a) The manufacturer must submit any proposed changes in design, material, or construction to the recognized laboratory for approval before changing PFD production methods. (b) Determinations of equivalence of design, construction, and materials must be made only by the Commandant or a designated representative. § 160.264–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval of a PFD design if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. ■ 87. Add subpart 160.276, consisting of §§ 160.276–1 through 160.276–25, to read as follows: Subpart 160.276—Wearable Recreational Inflatable Personal Flotation Devices § 160.276–1 Scope. (a) This subpart contains structural and performance standards for approval of Level 50 and Level 70 inflatable recreational personal flotation devices (PFDs), as well as requirements for production follow-up inspections, associated manuals, information placards, and markings. (b) Inflatable PFDs approved under this subpart rely entirely or partially upon inflation to achieve the minimum buoyancy. (c) PFDs approved under this subpart are intended to meet the carriage requirements for uninspected commercial vessels under 40 ft (12m) not carrying passengers for hire and recreational boats, in accordance with 33 CFR part 175 and 46 CFR 25.25. § 160.276–3 Definitions. The following definitions apply to this subpart: Commandant means the Chief of the Lifesaving and Fire Safety Standards PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 Division. Address: Commandant (CG– ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509; email TypeApproval@uscg.mil. First quality workmanship means construction that is free from any defect materially affecting appearance or serviceability. Inspector means a recognized laboratory representative assigned to perform, supervise, or oversee the duties described in § 160.276–15 or any Coast Guard representative performing duties related to the approval. Recognized laboratory means an independent laboratory accepted by the Commandant in accordance with 46 CFR 159.010, with a valid memorandum of understanding in accordance with 46 CFR 159.010–7. § 160.276–5 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact Commandant (CG–ENG–4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593–7509. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/ cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062–2022; phone (847) 272–8800; website: www.ul.com. (a1) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on Personal Flotation Devices (PFDs), First Edition, June 4, 2020 (including revisions through September 9, 2021) (‘‘ANSI/CAN/UL 9595’’); IBR approved for § 160.276–15(a). (b) ANSI/CAN/UL 12402–5:2022, Standard for Personal Flotation Devices—Part 5: Buoyancy Aids (Level 50)—Safety Requirements, First Edition, December 31, 2015 (including revisions through January 27, 2022) (‘‘ANSI/CAN/ UL 12402–5’’); IBR approved for §§ 160.276–7(a) and (b); 160.276–13(a) and (b); 160.276–17(a) and (b); 160.276– 19; 160.276–21(a). § 160.276–7 Design, construction, and performance of inflatable PFDs. (a) Each Level 70 inflatable PFD design must— E:\FR\FM\07APP3.SGM 07APP3 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules (1) Meet the requirements in ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.276–5) for a Level 70 device; and (2) For novel or unique designs, meet any additional requirements that the Commandant may prescribe. (b) Each Level 50 inflatable PFD design must— (1) Meet the requirements in ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.276–5) for a Level 50 device; (2) Be marked to indicate that the device must be worn to be counted as equipment required by vessels meeting USCG regulations; and (3) For novel or unique designs, meet any additional requirements that the Commandant may prescribe. (c) Buoyancy is to be provided by inflation, or a combination of inherently buoyant material and inflation. (d) PFDs must be of first quality workmanship and must be free from any defects materially affecting their appearance or serviceability. (e) PFDs must not provide means intended for fastening or securing the device to a boat. § 160.276–9 PFDs. Approval procedures for (a) Each application for approval of a Level 50 or Level 70 PFD must be submitted directly to a Coast Guard recognized laboratory. (b) The recognized laboratory must determine if a PFD with novel design features requires a preliminary review by the Coast Guard prior to testing. Submissions requiring preliminary review must be sent to TypeApproval@ uscg.mil, and must include a full description and drawings. Pictures, samples, and preliminary test results may also be submitted. ddrumheller on DSK120RN23PROD with PROPOSALS3 § 160.276–11 Recognized laboratory. (a) The approval inspections and tests and production inspections, tests, and quality control required by this subpart must be conducted by an independent laboratory recognized by the Coast Guard under 46 CFR subpart 159.010 to perform such functions. A list of recognized independent laboratories is available from the Commandant and online at https://cgmix.uscg.mil. (b) The same laboratory that performs the approval tests must also perform production oversight unless the employees of the laboratory performing production oversight receive training and support equal to that of the laboratory that performed the approval testing, as determined by the Commandant. VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 § 160.276–13 tests. Approval inspections and (a) Each PFD must be certified by a recognized laboratory as meeting the requirements of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.276–5) for an inflatable Level 50 or Level 70 PFD. Approval tests specified in ANSI/CAN/UL 12402–5 must be conducted or supervised by a recognized laboratory using PFDs constructed in accordance with the plans and specifications submitted with the application for approval. (b) Each PFD design must be visually examined for compliance with the construction and performance requirements of this subpart and ANSI/ CAN/UL 12402–5 (incorporated by reference, see § 160.276–5). (c) The Commandant may prescribe additional tests for approval of novel or unique designs. § 160.276–15 Production inspections, tests, and quality control of PFDs. (a) General. Production tests and inspections must be conducted in accordance with ANSI/CAN/UL 9595 (incorporated by reference, see § 160.276–5) or an alternative follow-up procedure accepted by the Commandant. To maintain approval, the manufacturer must be in good standing under an approved follow-up procedure. (b) Manufacturer’s inspection and tests. Manufacturers of approved PFDs must maintain quality control of the materials used, manufacturing methods, and the finished product to meet the applicable requirements, and make sufficient inspections and tests of representative samples and components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer and records of materials, including affidavits by suppliers that applicable requirements are met, must be made available to the recognized laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request. (c) Laboratory inspections and tests. The laboratory inspector will conduct examinations, inspections, and tests for listed and labeled devices, as required by the recognized laboratory, at the place of manufacture or other location at the option of the laboratory. (d) Test facilities. The laboratory inspector, or the Coast Guard marine inspector assigned by the Commander of the District in which the factory is located, or both, must be admitted to any place in the factory where work is being done on listed and labeled products. Either or both inspectors may PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 21057 take samples of parts or materials entering construction or final assemblies, for further examinations, inspections, or tests. The manufacturer must provide a suitable place and the apparatus necessary for the performance of the tests done at the place of manufacture. (e) Additional tests, etc. Unannounced examinations, tests, and inspections of samples obtained either directly from the manufacturer or through commercial channels may be made to determine the suitability of a product for listing and labeling, or to determine conformance of a labeled product to the applicable requirements. These may be conducted by the recognized laboratory or the United States Coast Guard. § 160.276–17 Marking and Labeling. (a) Each inflatable PFD must be marked as specified in Figure 6DV of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.276–5). (b) In addition to the information required by ANSI/CAN/UL 12402–5, Figure 6DV, each Level 50 inflatable PFD must be marked with a statement that the device must be worn to be counted as equipment required by vessels meeting USCG regulations; and (c) The Commandant may prescribe additional marking requirements for special purpose devices or unique or novel designs. § 160.276–19 Placard. Each inflatable PFD sold or offered for sale must be provided with a placard that a prospective purchaser can read prior to purchase, as specified in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You Will Want to Wear, of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.276–5). The required placard text must be printed exactly as set out in ANSI/CAN/UL 12402–5. § 160.276–21 PFD manuals. (a) An owner’s manual in accordance with Figure 7DV of ANSI/CAN/UL 12402–5 (incorporated by reference, see § 160.276–5), must be provided with each inflatable PFD sold or offered for sale. The text of each manual is reviewed with the application for approval. (b) The Commandant may prescribe additional information in the manual for special purpose devices or unique or novel designs. (c) Additional information, instructions, or illustrations may be included in the owner’s manual if there is no contradiction to the required information. E:\FR\FM\07APP3.SGM 07APP3 21058 Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Proposed Rules § 160.276–23 Procedure for approval of design or material change. PART 180—LIFESAVING EQUIPMENT AND ARRANGEMENTS (a) The manufacturer must submit any proposed changes in design, material, or construction to the recognized laboratory for approval before changing PFD production methods. (b) Determinations of equivalence of design, construction, and materials must be made only by the Commandant or a designated representative. § 160.276–25 approval. Suspension or termination of As provided in 46 CFR 159.005–15, the Commandant may suspend or terminate the approval of an inflatable PFD design if the manufacturer fails to comply with this subpart or the recognized laboratory’s accepted procedures or requirements. PART 169—SAILING SCHOOL VESSELS 88. The authority citation for part 169 is revised to read as follows: ■ Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103–206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a); § 169.117 also issued under the authority of 44 U.S.C. 3507. § 169.539 [Amended] 89. Amend § 169.539 by: ■ a. Removing in paragraph (a), the text ‘‘160.055, 160.002, or 160.005’’, and adding in its place the text ‘‘160.002, 160.005, 160.055, or 160.255,’’; ■ b. Removing in paragraph (b), the text ‘‘or 160.077’’, and adding in its place the text ‘‘, 160.077, or 160.264’’; and ■ c. Removing in paragraph (c), the text ‘‘160.064’’, and adding in its place the text ‘‘160.064 or 160.264’’. ddrumheller on DSK120RN23PROD with PROPOSALS3 ■ VerDate Sep<11>2014 22:54 Apr 06, 2023 Jkt 259001 90. The authority citation for part 180 is revised to read as follows: ■ Authority: 46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). 91. Amend § 180.71 by: a. Revising the section heading and paragraph (c); ■ b. Removing paragraph (d); and ■ c. Redesignating paragraph (e) as paragraph (d). The revisions read as follows: ■ ■ § 180.71 Lifejackets. * * * * * (c) Each lifejacket must be approved under approval series 160.002, 160.005, 160.055, 160.115, 160.176, or 160.255 in subchapter Q of this chapter, or other standard specified by the Commandant. An inflatable lifejacket approved under approval series 160.255 must include a full back-up inflation chamber. * * * * * ■ 92. Amend § 180.72 by: ■ a. Revising the section heading; ■ b. Removing in paragraph (a), the words ‘‘life jackets’’ wherever they appear and adding, in their place, the word ‘‘lifejackets’’; and ■ c. Revising paragraphs (b) and (d). The revisions read as follows: § 180.72 Personal flotation devices carried in addition to lifejackets. * * * * * (b) Wearable marine buoyant devices approved in accordance with § 160.064, 160.076, 160.264, or 160.276 in subchapter Q of this chapter, or other standard specified by the Commandant, may be carried as additional equipment. * * * * * (d) A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 RULE] may be carried as additional equipment for use by persons working near or over the water if it is in good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner’s manual, and of the same or similar design and has the same method of operation as each other hybrid PFD carried on board. PART 199—LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS 93. The authority citation for part 199 is revised to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a). § 199.70 [Amended] 94. Amend § 199.70(b) introductory text by removing the text ‘‘, 160.176 or 160.177’’, and adding, in its place, the text ‘‘or 160.176’’. ■ § 199.620 [Amended] 95. Revise § 199.620(c) to read as follows: ■ § 199.620 Alternatives for all vessels in a specified service. * * * * * (c) Lifejackets approval series. As an alternative to a lifejacket meeting the approval requirements in § 199.70, vessels may carry a lifejacket approved under approval series 160.002, 160.005, 160.055, or 160.077, or 160.255. An inflatable lifejacket approved under approval series 160.255 must include a full back-up inflation chamber. * * * * * Dated: March 24, 2023. W.R. Arguin, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2023–06504 Filed 4–6–23; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\07APP3.SGM 07APP3

Agencies

[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Proposed Rules]
[Pages 21016-21058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06504]



[[Page 21015]]

Vol. 88

Friday,

No. 67

April 7, 2023

Part III





Department of Homeland Security





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Coast Guard





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33 CFR Part 181

46 CFR Parts 25, 28, 108, Et al.





Lifejacket Approval Harmonization; Proposed Rule

Federal Register / Vol. 88 , No. 67 / Friday, April 7, 2023 / 
Proposed Rules

[[Page 21016]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 181

46 CFR Parts 25, 28, 108, 117, 133, 141, 160, 169, 180 and 199

[Docket No. USCG-2022-0120]
RIN 1625-AC62


Lifejacket Approval Harmonization

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the approval requirements 
and follow-up program requirements for lifejackets by incorporating new 
standards to replace existing legacy standards. The Coast Guard further 
proposes to amend lifejacket and personal flotation device (PFD) 
carriage requirements to allow for the use of equipment approved to the 
new standards and remove obsolete equipment approval requirements. The 
proposed amendments would streamline the process for the approval of 
PFDs and allow manufacturers the opportunity to produce more innovative 
equipment that would meet approval requirements in both Canada and the 
United States while also reducing the burden of the approval process 
and the production inspections on manufacturing firms.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 6, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0120 using the Federal Decision Making Portal at 
www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.
    Viewing material proposed for incorporation by reference. Make 
arrangements to view this material by calling the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this document.

FOR FURTHER INFORMATION CONTACT: For further information about this 
document call or email Jacqueline Yurkovich, Coast Guard; telephone 
202-372-1389, email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Background, Basis, and Purpose
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking, and will consider all comments and material 
received during the comment period. Your comment may help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at www.regulations.gov. To do so, go 
to www.regulations.gov, type USCG-2022-0120 in the search box, and 
click ``Search.'' Next, look for this document in the Search Results 
column, and click on it. Then click on the Comment option. If you 
cannot submit your material using www.regulations.gov, call or email 
the person in the FOR FURTHER INFORMATION CONTACT section of this 
proposed rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the www.regulations.gov Frequently Asked Questions web 
page. That web page also explains how to subscribe for email alerts 
that will notify you when comments are posted or if a final rule is 
published. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions in response to 
this document, see the Department of Homeland Security's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).
    Public meeting. We do not plan to hold a public meeting but we will 
consider doing so if we determine from public comments that a meeting 
would be helpful. We would issue a separate Federal Register notice to 
announce the date, time, and location of such a meeting.

II. Abbreviations

ANSI American National Standards Institute
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IBR Incorporation by reference
IRFA Initial Regulatory Flexibility Analysis
ISO International Organization for Standardization
NAICS North American Industry Classification System
NBSAC National Boating Safety Advisory Committee
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PFD Personal flotation device
QMS Quality management system
RA Regulatory analysis
RFA Regulatory Flexibility Act
Sec.  Section
SBA Small Business Administration
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code

III. Background, Basis, and Purpose

    The Coast Guard has statutory authority under Title 46, U.S. Code, 
Sections 3306(a) and (b), 4102(b), 4302(a) and (c), and 4502(a) and 
(c)(2)(B), to prescribe regulations for the design, construction, 
performance, testing, carriage, use, and inspection of lifesaving 
equipment on commercial and recreational vessels. Under Department of 
Homeland Security (DHS) Delegation 00170.1, Revision No. 01.2, 
paragraph (II)(92)(b), the Secretary delegated authority under these 
statutes to the Commandant of the Coast Guard.
    With this rulemaking, we are proposing to incorporate the American 
National Standards Institute (ANSI) standards ANSI/CAN/UL 12402-5 for 
Level 50 and Level 70 personal flotation devices (PFDs), ANSI/CAN/UL 
12402-4 for Level 100 PFDs, and ANSI/CAN/UL 9595 for quality assurance. 
In addition, we propose to incorporate the ANSI/UL 1123 and ANSI/UL 
1175 standards for marine buoyant devices and inherently buoyant and 
inflatable throwable PFDs, respectively. The Coast Guard currently 
approves inherently buoyant and

[[Page 21017]]

inflatable throwable PFDs to these standards as a matter of policy, so 
incorporating them in the Code of Federal Regulations (CFR) would not 
result in any changes in practice but would improve transparency.
    We are also proposing to remove portions of Title 46 in part 160 of 
the CFR, where the newly incorporated standards would supersede the 
previous standards or requirements. Additionally, we are proposing 
amendments to lifesaving equipment carriage requirements that would 
permit the use of Level 50, Level 70, and Level 100 PFDs approved to 
the new standards.
    The Coast Guard actively participates in the development of ANSI-
accredited industry consensus standards for lifesaving equipment. In 
that capacity, the Coast Guard has worked with Transport Canada and 
United States and Canadian stakeholders in the development of the suite 
of harmonized ANSI/CAN/UL standards to streamline the process for 
approval of PFDs. Additionally, the harmonization would allow 
manufacturers the opportunity to produce more innovative equipment that 
would still meet approval requirements in both Canada and the United 
States. PFD manufacturers largely drove the development of these 
standards; therefore, we expect PFD manufacturers to generally support 
this proposed rulemaking.
    To further those efforts, on September 22, 2014, the Coast Guard 
published a final rule to remove references to type codes in its 
regulations on the carriage and labeling of Coast Guard approved PFDs 
to facilitate the future incorporation by reference (IBR) of new 
industry consensus standards (79 FR 56491, September 22, 2014). In 
April 2017, the Coast Guard and Transport Canada signed a Memorandum of 
Understanding outlining an intended cooperation for the approval of 
personal lifesaving appliances that comply with mutually acceptable 
standards, are tested by mutually accepted conformity assessment bodies 
or independent test laboratories, and are covered by a mutually 
acceptable follow-up program.
    On August 17, 2018, the Coast Guard published a notice in the 
Federal Register (83 FR 41095) regarding a policy letter and 
deregulatory savings analysis on accepting the standard ANSI/CAN/UL 
12402-5 for Level 70 PFDs, not including inflatable PFDs for use by 
persons less than 16 years old. On November 15, 2019, the Coast Guard 
published a notice (84 FR 62546) that finalized this policy.
    The Coast Guard published a final rule (77 FR 19937, April 3, 2012) 
incorporating by reference updated revisions of industry consensus 
standards for PFDs including UL 1180, ``UL Standard for Safety for 
Fully Inflatable Recreational Personal Flotation Devices,'' Second 
Edition (including revisions through December 3, 2010). The discussion 
and response to comments in that rulemaking included a discussion on 
inflatable PFDs for users less than 16 years of age. UL 1180 limits the 
approval of inflatable PFDs to persons of at least 16 years of age, and 
thus the final rule retained that age limit for approved users of 
inflatable PFDs. No age limit was included in the regulatory text to 
allow for a possible future rulemaking to incorporate by reference a 
standard that sufficiently addresses the needs of younger wearers.

IV. Discussion of Proposed Rule

    The Coast Guard is proposing seven main amendments to our 
regulations:
    (1) Adding new subpart 160.255 and incorporating by reference ANSI/
CAN/UL 12402-4 for approval of Level 100 PFDs, and removing sections of 
subpart 160.055.
    (2) Adding new subparts 160.264 and 160.276, which incorporate by 
reference ANSI/CAN/UL 12402-5 for approval of Level 50 and Level 70 
PFDs without additional buoyancy or age restrictions; removing the 
sections of subparts 160.060, 160.064, and 160.076 pertaining to the 
approval of new wearable PFDs; relocating the sections pertaining to 
throwable PFDs from subpart 160.064 to new subpart 160.045 and 
incorporating by reference ANSI/UL 1123 and ANSI/UL 1175; and removing 
subpart 160.077 in its entirety.
    (3) Incorporating by reference ANSI/CAN/UL 9595 for quality 
assurance requirements in subparts 160.045, 160.055, 160.060, 160.064, 
160.076, 160.255, 160.264, and 160.276.
    (4) Removing subparts 160.001, 160.002, 160.005, 160.047, 160.048, 
and 160.052, as these subparts are mostly or entirely obsolete, and 
moving the remaining relevant material from subpart 160.001 to subpart 
160.055.
    (5) Amending lifesaving equipment carriage requirements to include 
the new approval categories, where appropriate, and removing any 
remaining references to type codes.
    (6) Amending the requirements for instruction pamphlets for PFDs to 
include the placard specified in subparts 160.055, 160.060, 160.255, 
160.264, and 160.276.
    (7) Amending the existing regulatory text to make editorial 
corrections and increase clarity.
    We provide additional details and discussion on each of these seven 
main categories of amendments below. If we finalize this proposed rule, 
then under 46 U.S.C. 4302(b) the effective date of provisions applying 
to recreational vessels would be at least 180 days after publication. 
For simplicity, we would likely delay the effective date of the entire 
rule until 180 days after publication. We invite public comments on 
that timing.
    The National Boating Safety Advisory Committee (NBSAC) was 
consulted regarding the updated standards proposed in this rule, as 
shown by NBSAC Resolutions 2009-83-01 and 2011-87-01, and the 
revalidation of those resolutions found in Resolution 2022-03-01. We 
also welcome comments from NBSAC on this proposed rule.

1. Add New Subpart, 46 CFR 160.255, and Incorporate by Reference ANSI/
CAN/UL 12402-4

    We propose adding a new subpart, 160.255, to title 46 of the CFR. 
PFDs approved under this new subpart would meet the carriage 
requirements for wearable PFDs for inspected vessels that are neither 
on an international voyage nor subject to the International Convention 
for the Safety of Life at Sea (SOLAS), uninspected commercial vessels 
over 40 feet (12m) in length, and uninspected passenger vessels.
    Newly proposed subpart 160.255 contains structural and performance 
requirements for approval of Level 100 PFDs, as well as requirements 
for production inspections and quality control, markings, information 
pamphlets, and associated manuals. ANSI/CAN/UL 12402-4 would be 
incorporated by reference. PFDs approved under this subpart could rely 
upon inherently buoyant material, inflation, or a combination of the 
two to achieve the minimum buoyancy.
    A Level 100 PFD has the same basic requirements as a PFD meeting 46 
CFR 160.055. The minimum amount of buoyancy, basic mechanical 
properties, and in-water performance requirements are the same. 
However, ANSI/CAN/UL 12402-4 is less prescriptive regarding the design 
requirements of a Level 100 PFD, so manufacturing firms would be able 
to develop more innovative designs. The marking requirements in ANSI/
CAN/UL 12402-4 specify pictorial graphics to communicate the 
performance of the PFD and warnings for use. The Coast Guard conducted 
research and focus groups to identify issues with the Type code labels 
and to evaluate multiple new pictorial labeling options. Our research 
indicated that people consistently preferred pictorial

[[Page 21018]]

markings.\1\ Therefore, we expect this marking format to be more easily 
understandable to both English-speaking and non-English-speaking 
populations.
---------------------------------------------------------------------------

    \1\ ``Revision of Labeling and Classification for Personal 
Flotation Devices (PFDs),'' Applied Safety & Ergonomics, Inc., 
December 28, 2004, Young et al.
---------------------------------------------------------------------------

    ANSI/CAN/UL 12402-4 does not require fully or partially inflatable 
Level 100 PFDs to provide redundant back-up inflation chambers. Current 
regulations require inflatable lifejackets under approval series 
160.176 to have at least two inflation chambers and to reach minimum 
in-water performance with any one chamber deflated. These inflatable 
lifejackets meet the International Maritime Organization Life-Saving 
Appliance code and are intended for use on vessels subject to SOLAS.
    Back-up chambers were originally required for inflatable 
lifejackets intended for use on inspected vessels as an additional 
safety measure in case the primary inflation chamber failed to inflate 
(54 FR 50320). In that rulemaking, the Coast Guard noted that we would 
continue discussions with industry, standards organizations, and state 
boating law administrators regarding the reliability of inflatable 
PFDs. We also indicated that when new developments or innovations 
reduced the risk of inflation failure to an acceptable level, we could 
address this issue with a subsequent rulemaking. Since the publication 
of that rule in 1989, the Coast Guard has no evidence that a well-
maintained PFD with a single inflation chamber is less reliable than an 
inherently buoyant PFD. Additionally, the Coast Guard has approved 
inflatable PFDs without back-up chambers under approval series 160.076. 
Such devices have been in use in the United States on uninspected 
commercial vessels less than 12 m in length and recreational vessels 
and in Canada on small vessels for over a decade. Therefore, the Coast 
Guard believes that the material testing of the PFD components coupled 
with the required annual servicing of inflatable Level 100 PFDs is 
sufficient, and that redundant back-up inflation chambers are not 
necessary to provide an equivalent level of safety to PFDs meeting 46 
CFR 160.055.
    Because newly proposed subpart 160.255 would supersede the 
requirements for life preservers in subpart 160.055, we propose to 
delete structural and performance requirements for approval of life 
preservers in subpart 160.055, but maintain the requirements for 
production inspections, tests, and quality assurance. Manufacturers 
could continue to produce life preservers currently approved under 
subpart 160.055, while all new lifejackets would require Coast Guard 
approval under new subpart 160.255.
    At the same time, we propose to restructure subpart 160.055 to 
include a statement of the subpart's scope and to mirror the structure 
of other PFD-related subparts. We would add the scope as Sec.  160.055-
1 and definitions in Sec.  160.055-3, and the documents incorporated by 
reference would be moved from Sec.  160.055-1 to Sec.  160.055-5. 
Because no new approvals would be granted under Sec.  160.055, we 
propose to remove existing requirements for materials and construction, 
marking, and procedure for approval, including current 46 CFR 160.055-
3, 160.055-4, 160.055-5, 160.055-6, 160.055-8, and 160.055-9. We 
propose independent laboratory requirements for addition in Sec.  
160.055-11. We would move sampling, tests, and inspections from Sec.  
160.055-7 to newly created Sec.  160.055-15 and pamphlet requirements 
would be included in new Sec.  160.055-19. Procedures for the approval 
of design or material changes would be included in new Sec.  160.055-23 
and information on suspension or termination of approval would be 
included in new Sec.  160.055-25.

2. Add New Subparts 46 CFR 160.045, 160.264, and 160.276, and 
Incorporate by Reference ANSI/CAN/UL 12402-5, ANSI/UL 1123, and ANSI/UL 
1175

    We propose three new subparts in Title 46 of the CFR: 160.045, 
160.264, and 160.276. PFDs approved under these subparts would meet the 
carriage requirements for uninspected commercial vessels less than 40 
feet (12m) in length and not carrying passengers for hire, and 
recreational boats, in accordance with 33 part CFR 175 and 46 CFR 
subpart 25.25.
    Newly proposed 46 CFR 160.264 contains structural and performance 
requirements for approval of Level 50 and Level 70 inherently buoyant 
PFDs, as well as requirements for production inspections and quality 
control, markings, information pamphlets, and associated manuals. Newly 
proposed 46 CFR 160.276 contains structural and performance 
requirements for approval of Level 50 and Level 70 fully and partially 
inflatable recreational PFDs, as well as requirements for production 
inspections and quality control, associated manuals, information 
pamphlets, and markings. ANSI/CAN/UL 12402-5 would be incorporated by 
reference in both subparts.
    ANSI/CAN/UL 12402-5 prescribes minimum performance requirements 
instead of prescribing design requirements. These performance-based 
standards allow manufacturing firms to design more innovative, 
comfortable, and stylish PFDs. New PFD designs could lead to more 
individuals choosing to wear their PFDs, resulting in fewer 
drownings.\2\ Drowning is the leading cause of death in recreational 
boating accidents, accounting for 79 percent of all recreational 
boating casualties where the cause of death is known.\3\ Of those who 
drowned, 86 percent were not wearing a lifejacket. Wearing a lifejacket 
is one of the best means available of preventing accidental drowning in 
recreational boating. Unfortunately, recreational boaters only wear 
lifejackets about 24 percent of the time.\4\
---------------------------------------------------------------------------

    \2\ Readers should reference the National Center for 
Biotechnology Information (NCBI), which is part of the National 
Library of Medicine (NLM) at the National Institutes of Health 
(NIH), and perform a literature search for articles on the topic of 
PFDs and their usage. Readers can access this website at https://pubmed.ncbi.nlm.nih.gov. More specifically, readers should reference 
the following articles for further information: ``Personal, social, 
and environmental factors associated with lifejacket wear in adults 
and children: A systematic literature review'' (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5931488) and ``Barriers to life 
jacket use among adult recreational boaters'' (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4310692).
    \3\ United States Coast Guard, ``2019 Recreational Boating 
Statistics.'' https://uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2019.pdf.
    \4\ United States Coast Guard, ``2019 Life Jacket Wear Rate 
Observation Study.'' https://uscgboating.org/library/national-live-jacket-wear-study/2019-Life-Jacket-Wear-Rate-Report.pdf.
---------------------------------------------------------------------------

    Discomfort, whether real or perceived, is negatively associated 
with PFD wear.\5\ ANSI/CAN/UL 12402-5 allows manufacturers more 
flexibility when selecting materials, design, and construction of new 
PFDs. Because manufacturers would be less limited in the materials, 
design, and construction, we expect new PFDs might be slimmer, lighter 
in weight, or more comfortable to wear than PFDs approved under the 
current requirements.
---------------------------------------------------------------------------

    \5\ Amy Peden, Daniel Demant, Martin Hagger, and Kyra Hamilton, 
``Personal, social, and environmental factors associated with 
lifejacket wear in adults and children: A systematic literature 
review.'' https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5931488/.
---------------------------------------------------------------------------

    In our 2018 policy letter, the Coast Guard determined that Level 70 
inherently buoyant devices, Level 70 inflatable devices, and Level 70 
multi-chamber devices that meet the requirements of ANSI/CAN/UL 12402-5 
provide equivalent performance to wearable PFDs meeting 46 CFR 160.064 
or 160.076.
    Now, the Coast Guard is proposing this rule based on our assessment 
that

[[Page 21019]]

a Level 50 PFD, when worn and used in accordance with the label, 
provides an equivalent level of safety as a wearable PFD meeting 
subpart 160.064 or 160.076. A Level 50 PFD has a lower minimum amount 
of buoyancy than the current minimum requirement for Coast Guard 
approved PFDs. However, ANSI/CAN/UL 12402-5 requires that a Level 50 
PFD keep the user's airway above the water, as demonstrated by in-water 
performance testing. A Level 50 PFD is intended for use by those who 
can swim and who have help or rescue nearby. As required in ANSI/CAN/UL 
12402-5, Level 50 PFDs must be marked: ``Not recommended for weak or 
non-swimmers.'' Every PFD offered for sale must have a placard 
providing users with information on how to select the appropriate PFD, 
and reminding users to try the PFD on in the water to ensure proper fit 
and performance. To satisfy requirements of ANSI/CAN/UL 12402-5, Level 
50 PFDs must be worn and must be marked: ``Approval conditions state 
that this device must be worn to be counted as equipment required by 
vessels meeting Transport Canada or USCG regulations.'' A Level 50 PFD, 
when worn by a person who can swim and used in accordance with ANSI/
CAN/UL 12402-5, provides an equivalent level of safety as a PFD meeting 
46 CFR 160.064 or 160.076. By approving Level 50 PFDs, the Coast Guard 
would provide a critical level of oversight to the currently 
unregulated Level 50 competition watersports PFDs, resulting in safer 
products for the public.
    In this proposed rule, we are not proposing additional requirements 
that would limit users of inflatable PFDs based on age. There are 
already requirements in ANSI/CAN/UL 12402-5 addressing inflatable PFDs 
for users less than 16 years of age. To be certified as meeting ANSI/
CAN/UL 12402-5, an inflatable PFD intended for wearers less than 16 
years of age must automatically inflate, must not require secondary 
donning, must be worn, and must include a warning statement about adult 
supervision. The Coast Guard believes these requirements are adequate 
to ensure safety for wearers less than 16 years of age, so we are 
proposing to fully incorporate ANSI/CAN/UL 12402-5 without any 
additional age restrictions beyond those included in the standard.
    New proposed subparts 160.264 and 160.276 would supersede the 
requirements for foam buoyant vests in subpart 160.060, marine buoyancy 
devices in subpart 160.064, inflatable recreational personal flotation 
devices in subpart 160.076, and hybrid inflatable personal flotation 
devices in subpart 160.077.
    We propose removing the structural and performance requirements for 
the approval of foam buoyant vests, marine buoyant devices, and 
inflatable recreational flotation devices in subparts 160.060, 160.064, 
and 160.076, respectively, but retaining the requirements for 
production inspections, tests, and quality control of wearable PFDs. We 
are proposing to delete subpart 160.077 entirely and modify the scope 
of subpart 160.076 to include PFDs previously approved under subpart 
160.077. By retaining the requirements for production inspections, 
tests, and quality control, the Coast Guard would ensure that 
manufacturing firms producing PFDs currently approved under approval 
series 160.060, 160.064, 160.076, or 160.077 could continue to 
manufacture and sell these PFDs, but would not approve new products 
under these approval series. At the same time, we are proposing to 
reformat the remaining text of subparts 160.060, 160.064, and 160.076, 
without amending the language, to align with the other subparts related 
to PFDs and increase the ease of understanding for the reader.
    To eliminate confusion over approval categories, we are proposing 
to relocate the requirements for throwable PFDs from subpart 160.064 to 
newly proposed subpart 160.045. Newly proposed subpart 160.045 would be 
dedicated to throwable PFDs intended for carriage on recreational 
boats. We propose to permit the use of inflatable compartments to meet 
the minimum required buoyancy in Sec.  160.045-7. This proposed new 
subpart would incorporate by reference the ANSI/UL 1175 standard for 
inherently buoyant and inflatable throwable PFDs and the ANSI/UL 1123 
standard for marine buoyant devices. The Coast Guard already approves 
throwable PFDs to these standards; we are formally incorporating them 
by reference in this rulemaking to increase clarity and transparency of 
the approval requirements.

3. Incorporate by Reference ANSI/CAN/UL 9595

    We propose to incorporate by reference new industry consensus 
standard ANSI/CAN/UL 9595, ``Standard for factory follow-up of Personal 
Flotation Devices (PFDs)'' (First Edition, June 4, 2020), into subparts 
160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. This 
standard covers the basic elements of a production inspection program 
for various types of PFDs.
    The Coast Guard currently requires a satisfactory follow-up 
(production testing and inspection) program administered by an 
independent laboratory recognized by the Coast Guard for each approved 
PFD. A task group of experts and stakeholders convened over the past 
decade to develop ANSI/CAN/UL 9595 to improve the consistency of 
follow-up programs among different recognized independent laboratories 
and to provide a binational harmonized standard for production testing 
acceptable to the Coast Guard and Transport Canada. ANSI/CAN/UL 9595 
establishes a set of Process Ratings (A, B, and C) based on the quality 
management system (QMS) at each facility. Process Rating C is 
equivalent to current industry practice for follow-up programs and 
meets the current minimum requirements. Process Rating B is assigned to 
facilities with a good QMS including a Quality Manual that incorporates 
the requirements in ANSI/CAN/UL 9595 but is not approved by a third 
party. Process Rating A is reserved for facilities that have 
demonstrated a superior QMS that meets International Organization for 
Standardization (ISO) standard ISO 9001 or a comparable quality 
standard, either by audits or acceptance of a third-party 
registration.\6\
---------------------------------------------------------------------------

    \6\ For more information on process ratings, see the preliminary 
regulatory analysis in the docket.
---------------------------------------------------------------------------

    For Process Rating C, ANSI/CAN/UL 9595 provides a minimum 
requirement for production inspections that is equivalent to the 
production inspection programs currently accepted by the Commandant. 
For Process Ratings A and B, this standard provides the option for the 
manufacturer to implement a QMS to reduce the number of inspections 
required. ANSI/CAN/UL 9595 sets forth roles and responsibilities; 
required tests, sample sizes, and acceptability criteria; and specific 
requirements for inspection frequency, traceability of components, 
critical dimensions verification, visual inspection of completed PFDs, 
and review of records. Annex A provides test methods and Annex B 
provides information on the elements of a QMS.
    We propose to include ANSI/CAN/UL 9595 in the newly proposed 
subparts and in existing subparts 160.055, 160.060, 160.064, and 
160.076, to allow manufacturers that implement a QMS to be evaluated as 
Process Rating A or B, resulting in fewer required inspections. A QMS 
can result in greater production consistency, a reduction in defects 
and errors, increased efficiency, and continuous improvement.

[[Page 21020]]

4. Remove Obsolete Material and Relocate Pertinent Material

    We propose to remove subparts 160.002, 160.005, 160.047, 160.048, 
and 160.052, while also removing or relocating the entirety of subpart 
160.001.
    Subpart 160.001 provides general requirements for all life 
preservers. Most of this information is either obsolete or found 
elsewhere in the CFR. We propose to delete subpart 160.001, preserving 
the still-pertinent information on production oversight by relocating 
it to Sec.  160.055-15.
    Subpart 160.006 provides two paragraphs related to the repairing of 
life preservers. Subpart 160.006 is no longer relevant and is not 
referenced in any approval or carriage requirement; therefore, we 
propose to remove it.
    Subparts 160.002, 160.005, 160.047, and 160.048 provide 
specifications and requirements for kapok and fibrous glass life 
preservers. Subpart 160.052 provides specifications and requirements 
for a unicellular plastic foam buoyant vest. Manufacturers no longer 
produce any of these types of life preservers due to the unavailability 
of material, the advancement of foam technology, and improvements to 
the fit and function of PFDs industry-wide. With no current approvals 
for equipment under any of these subparts, these approval categories 
have become obsolete. Therefore, we propose to delete subparts 160.002, 
160.005, 160.047, 160.048, and 160.052. All new PFD approvals would 
have to meet the requirements in proposed subparts 160.255, 160.264, 
and 160.276, which incorporate current industry standards.

5. Amend Lifesaving Equipment Carriage Requirements

    Where current carriage requirements specify approval series for 
PFDs, we propose to add the new proposed approval series, as 
applicable. The affected Subchapters are Subchapter C (uninspected 
commercial vessels), Subchapters K and T (small passenger vessels), 
Subchapter L (offshore supply vessels), Subchapter M (towing vessels), 
and Subchapter W (lifesaving appliances for certain inspected vessels).
    For example, according to the current requirements, an uninspected 
vessel carrying passengers for hire must have at least one PFD approved 
under approval series 160.055, 160.155, or 160.176 for each person on 
board. We propose to add approval series 160.255 to the list of 
approval series, to permit the use of PFDs approved under this new 
approval series. We are not proposing to remove any of the currently 
accepted approval series from the carriage requirements. Therefore, it 
would not be necessary for owners and operators to purchase new 
equipment if their current equipment is in good and serviceable 
condition.
    We also propose to remove references to PFDs approved under 
approval series 160.177 because there have never been any approvals 
granted under that series. All new commercial PFDs, including 
commercial hybrid PFDs, would be approved under approval series 
160.255.

6. Amend the Requirements for Instruction Pamphlets for PFDs

    We propose to amend the requirements for instruction pamphlets for 
PFDs in 33 CFR 181 to allow both pamphlets and placards to meet the 
requirements for information furnished with each PFD sold or offered 
for sale for use on recreational boats. As previously described, we 
propose to incorporate both ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 
with respect to the approval of PFDs. Both these standards require that 
a PFD include an informational placard in a pictographic format 
containing specific information on PFD performance, selection, 
approval, and maintenance, as well as general water safety information. 
To permit the placard to be used in place of the currently required 
pamphlet, the Coast Guard is proposing to add the term ``placard'' to 
33 CFR 181.701-702. We also propose to remove 33 CFR 181.703, which 
requires that placards conform with UL 1123, and would add text to 33 
CFR 181.702 specifying that a pamphlet or placard must meet the 
requirements in the applicable subpart of 46 CFR part 160 or be 
accepted by the Commandant. All currently approved PFDs have pamphlets 
or placards that have been accepted by the Commandant. Removing 33 CFR 
181.703 would eliminate all references to UL 1123 in this subpart, so 
we would remove 33 CFR 181.4, which incorporates that standard, as 
well. Finally, we propose to remove the separate requirements for 
hybrid and inflatable PFDs in 33 CFR 181.704 and 181.705, respectively, 
and include requirements for all PFDs in 33 CFR 181.702.

7. Amend the Existing Regulatory Text To Make Editorial Corrections and 
Increase Clarity

    We propose to update the introductory IBR text, in accordance with 
current practice, in 46 CFR 160.055, 160.060, 160.064, and 160.076. We 
propose to amend table 28.110 to replace ``Do'' (meaning ``ditto'') 
with the actual text to clarify the requirements in plain language, and 
to remove references to type codes from the table without modifying the 
intent or application of the requirements. We further propose to remove 
reference to approval series 160.177 in 46 CFR 108, 133 and 199, 
because this unused approval series does not exist, and to remove 
outdated provisions allowing cork and balsa wood lifejackets until 
March 11, 1999, from 46 CFR 117 and 180. Finally, we are proposing to 
consistently use the term ``lifejacket'' by amending instances of 
``life jacket'' from two words to one.

V. Incorporation by Reference

    Material proposed for IBR appears in 46 CFR 160.045, 160.055, 
160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. The standards 
proposed for IBR are summarized in section IV, paragraphs (1) through 
(3), of this preamble. They are:

(1) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 
9595''). This standard specifies the basic elements of a production 
inspection program for various types of PFDs.
(2) ANSI/CAN/UL 12402-4:2020, Standard for Personal Flotation 
Devices--Part 4: Lifejackets, Performance Level 100--Safety 
Requirements, First Edition, July 9, 2020 (``ANSI/CAN/UL 12402-4''). 
This standard specifies safety requirements for Level 100 
lifejackets for use by adults, children, and infants.
(3) ANSI/CAN/UL 12402-5:2022, Standard for Personal Flotation 
Devices--Part 5: Buoyancy Aids (Level 50)--Safety Requirements, 
First Edition, December 31, 2015 (including revisions through 
January 27, 2022) (``ANSI/CAN/UL 12402-5''). This standard specifies 
safety requirements for Level 50 and Level 70 buoyancy aids for use 
by children and adults.
(4) ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh 
Edition, October 1, 2008 (including revisions through November 23, 
2020) (``ANSI/UL 1123''). This standard specifies requirements for 
marine buoyant devices intended for recreational use.
(5) ANSI/UL 1175, Standard for Buoyant Cushions, Fourth Edition, 
April 20, 2007 (including revisions through January 10, 2020) 
(``ANSI/UL 1175''). This standard specifies construction, 
performance, and markings requirements for inherently buoyant and 
inflatable throwable PFDs.
    These standards are reasonably available to, and usable by, the 
class of persons affected by this proposed rule. PFD manufacturing 
firms have access to these standards in their normal course of 
business. These standards are

[[Page 21021]]

available for free digital viewing with the creation of a free account 
at https://shopulstandards.com. Copies of the material are also 
available for purchase from the publishers listed in 46 CFR 160.045, 
160.055, 160.060, 160.064, 160.076, 160.255, 160.264, and 160.276. In 
addition, any person may view the standards at a Coast Guard facility, 
by making arrangements with the person in the FOR FURTHER INFORMATION 
CONTACT section of this preamble. Before publishing a final rule, we 
will submit this material to the Director of the Federal Register for 
approval of the IBR. We are also accepting comments on whether you use 
the substance of these standards, or if certain standards can be simply 
referenced where we no longer need to incorporate the full text of the 
reference.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. We have prepared a full 
regulatory analysis (RA) based on these statutes and Executive orders 
and have placed it in the docket; a summary of our analysis follows.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. OMB has not reviewed this proposed rule. A 
regulatory analysis (RA) is available in the docket and a summary 
follows. Table 1 summarizes the impacts of this rulemaking.

            Table 1--Summary of Impacts of the Proposed Rule
------------------------------------------------------------------------
                Category                             Summary
------------------------------------------------------------------------
Applicability..........................  IBR of ANSI/CAN/UL 9595, ANSI/
                                          CAN/UL 12402-5, and ANSI/CAN/
                                          UL 12402-4.
------------------------------------------------------------------------
Affected Population....................  2 recognized independent
                                          laboratories (1 U.S. and 1
                                          foreign), 57 PFD manufacturing
                                          firms (37 U.S. and 20
                                          foreign), the Coast Guard,
                                          recreational vessel operators,
                                          and commercial vessel
                                          operators.
------------------------------------------------------------------------
Costs to U.S. Firms ($2019, 7% discount  10-year total: $1,401,108.
 rate).
                                         Annualized: $199,486.
------------------------------------------------------------------------
Costs to Foreign Firms ($2019, 7%        10-year total: $340,229.
 discount rate).
                                         Annualized: $48,441.
------------------------------------------------------------------------
Total Costs ($2019, 7% discount rate)..  10-year total: $1,741,338.
                                         Annualized: $247,927.
------------------------------------------------------------------------
Cost Savings to U.S. Firms ($2019, 7%    10-year total: $5,841,460.
 discount rate).
                                         Annualized: $831,693.
------------------------------------------------------------------------
Cost Savings to Foreign Firms ($2019,    10-year total: $1,453,901.
 7% discount rate).
                                         Annualized: $207,003.
------------------------------------------------------------------------
Cost Savings to the U.S. Government      10-year total: $27,414.
 ($2019, 7% discount rate).
                                         Annualized: $3,903.
------------------------------------------------------------------------
Total Cost Savings to All Entities       10-year total: $7,322,776.
 ($2019, 7% discount rate).
                                         Annualized: $1,042,599.
------------------------------------------------------------------------
Net Cost Savings to U.S. Firms ($2019,   10-year total: $18,405,217.
 7% discount rate).
                                         Annualized: $2,620,489.
------------------------------------------------------------------------
Net Cost Savings to Foreign Firms        10-year total: $4,401,743.
 ($2019, 7% discount rate).
                                         Annualized: $626,709.
------------------------------------------------------------------------
Net Cost Savings to the U.S. Government  10-year total: $22,806,961.
 ($2019, 7% discount rate).
                                         Annualized: $3,247,198.
------------------------------------------------------------------------
Net Cost Savings to All Entities         10-year total: $4,440,352.
 ($2019, 7% discount rate).
                                         Annualized: $632,206.
------------------------------------------------------------------------
Unquantified Benefits..................  The newer performance-based
                                          standards would allow for the
                                          development of more innovative
                                          PFD designs that might better
                                          meet boaters' needs. New PFD
                                          designs that may be more form
                                          fitting, in addition to the
                                          requirement that Level 50
                                          devices be worn to count for
                                          carriage, could lead to higher
                                          PFD wear rates and additional
                                          lives saved from drowning.
                                          Placards are cheaper to
                                          produce than pamphlets and
                                          provide pictorial
                                          instructions, understandable
                                          by non-English reading
                                          populations.
------------------------------------------------------------------------


[[Page 21022]]

    The Coast Guard proposes to harmonize its approval process for PFDs 
with that of Canada, resulting in cost savings from eliminating 
duplicative requirements. The proposed rule would introduce harmonized 
performance standards instead of design standards for PFDs, allowing 
manufacturers the opportunity to produce more innovative equipment that 
meets the approval requirements of both Canada and the United States. 
The proposed rule would amend PFD approval and follow-up program 
requirements by incorporating three new binational standards into 
regulations, amend PFD carriage requirements to allow for the use of 
equipment approved to the new standards, and remove obsolete equipment 
approval requirements. The proposed performance-based standards are 
more current and intended to replace the legacy design standards. The 
proposed amendments would streamline the process for approval of PFDs 
and allow manufacturers the opportunity to produce more innovative 
equipment that meets the approval requirements of Canada and the United 
States, while reducing the burden for manufacturers in the approval 
process and follow-up program.
    Specifically, the Coast Guard proposes to incorporate by reference 
the following binational industry consensus standards:
    1. ANSI/CAN/UL 12402-4. This binational standard specifies the 
safety requirements for lifejackets that provide face-up flotation for 
use in sheltered or calm water, where users may have to wait for 
rescue. A lifejacket meeting the requirements of ANSI/CAN/UL 12402-4 
provides an equivalent level of safety to a lifejacket currently 
approved under 46 CFR subpart 160.055.
    2. ANSI/CAN/UL 12402-5. This binational standard specifies the 
safety requirements for buoyancy aids used in sheltered waters with 
help and rescue nearby. A PFD meeting the requirements of ANSI/CAN/UL 
12402-5 provides an equivalent level of safety as a PFD currently 
approved under 46 CFR 160.064 or 160.076.
    3. ANSI/CAN/UL 9595. This binational standard covers the basic 
elements of a production inspection program for various types of PFDs, 
and formalizes and modifies current industry standards.
    Additionally, the Coast Guard proposes to incorporate two national 
standards (ANSI/UL/1123 and ANSI/UL/1175) and to amend numerous CFR 
parts to remove obsolete PFD design standards and update carriage 
requirements to include PFDs approved to the new proposed subparts. As 
mentioned earlier, ANSI/UL/1123 and ANSI/UL/1175 are both currently in 
use as a matter of policy and are being incorporated by reference for 
the sake of clarity, so we do not estimate any costs or benefits from 
their incorporation by reference into the CFR. Similarly, we do not 
anticipate any quantifiable costs or benefits from the removal of 
obsolete design standards, as these design standards are not currently 
in use.
Affected Population
    To determine the affected population of the rule, it is first 
necessary to describe the economic impacts from this proposed rule. The 
economic impacts would stem from the following proposed provisions:
    (1) The IBR of ANSI/CAN/UL 12402-4 in 46 CFR 160.255 to replace the 
design requirements in 46 CFR 160.055.
    (2) The IBR of ANSI/CAN/UL 12402-5 in 46 CFR 160.264 and 160.276 to 
replace the design standards in 46 CFR 160.064, 160.076, and 160.077.
    (3) The IBR of ANSI/CAN/UL 9595 for follow-up service into the PFD 
approval requirements of existing subparts 46 CFR 160.055, 160.060, 
160.064, 160.076 and new proposed subparts of 46 CFR 160.045, 160.255, 
160.264, and 160.276.
    (4) The proposed edits to 33 CFR 181 subpart G, which would permit 
manufacturers of all PFDs to provide placards instead of information 
pamphlets.
---------------------------------------------------------------------------

    \7\ The Coast Guard lists all approved products on the Coast 
Guard Maritime Information Exchange website, https://cgmix.uscg.mil/
.
    \8\ We used the headquarters location of a firm's parent 
company, as indicated on the company website, to determine whether a 
firm was U.S. or foreign.
---------------------------------------------------------------------------

    These four provisions would affect PFD manufacturers, the two 
recognized independent laboratories, and the Coast Guard. Before we 
present the affected population for each of these provisions, we 
present the overall PFD manufacturing firm population.
    As of 2021, there are over 800 models of PFDs approved by the Coast 
Guard, manufactured by 57 separate manufacturing firms worldwide.\7\ 
Based on a review of publicly available information across the 57 
manufacturing firms, the Coast Guard estimates that 37 are U.S. firms 
and 20 are foreign firms. Market share and production volumes are not 
equal across the firms.\8\

[[Page 21023]]



                           Table 2--Distribution of Market Share of PFD Manufacturers
----------------------------------------------------------------------------------------------------------------
                                                                                     U.S. firm     Foreign firm
                       Manufacturing firms                         Total market    market share    market share
                                                                     share (%)          (%)             (%)
----------------------------------------------------------------------------------------------------------------
Top 5 Manufacturing Firms.......................................              75           65.00           10.00
Manufacturing Firms 6-13........................................              20           12.50            7.50
All Other Manufacturing Firms...................................               5            3.20            1.80
                                                                 -----------------------------------------------
    Total.......................................................             100           80.70           19.30
----------------------------------------------------------------------------------------------------------------

    The first provision, the IBR of ANSI/CAN/UL 12402-4, would affect 
three populations:
    (1) PFD manufacturers that would seek approval to manufacture 
devices meeting the requirements of ANSI/CAN/UL 12402-4;
    (2) The two recognized independent laboratories that would review 
and certify these devices; and
    (3) The Coast Guard, which would correspond with the recognized 
independent laboratories and manufacturers on device approval.
    In table 3, we list the number of PFD manufacturing firms that 
would be affected by ANSI/CAN/UL 12402-4. We estimate that each of the 
top 13 firms would produce ANSI/CAN/UL 12402-4 devices or components of 
those devices at 2 facilities each and firms outside of the top 13 
firms would produce ANSI/CAN/UL 12402-4 devices at 1 facility each.\9\
---------------------------------------------------------------------------

    \9\ The PFD manufacturing firm does not necessarily own the 
facilities where its products are produced. Instead, the facility 
may be producing PFDs on contract for the PFD manufacturing firm. 
Additionally, much production for U.S. firms occurs at overseas 
facilities. We call these ``U.S. Associated Facilities'' not because 
they are in the United States but because they have a longstanding 
relationship with U.S. firms, while ``Foreign Facilities'' have 
longstanding relationships with foreign firms.

                                       Table 3--Manufacturing Firms and Facilities Impacted by ANSI/CAN/UL 12402-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     U.S. associated       Foreign
                          Firm ownership                              U.S. firms     Foreign firms     facilities        facilities     Total facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Firms in top 13...................................................               5               3                10                 6                16
All other firms...................................................               4               2                 4                 2                 6
                                                                   -------------------------------------------------------------------------------------
    Total facilities..............................................               9               5                14                 8                22
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In the second provision, by incorporating by reference ANSI/CAN/UL 
12402-5, the Coast Guard would introduce new categories for youth 
inflatables and Level 50 PFDs for approval. Permitting youth 
inflatables and Level 50 devices would affect three populations:
    (1) PFD manufacturers that would seek Coast Guard approval to 
produce youth inflatables or Level 50 devices;
    (2) The two recognized independent laboratories that would review 
and certify youth inflatables and Level 50 devices; and
    (3) The boating public that would purchase youth inflatables or 
Level 50 devices instead of Level 70 or Type III devices, because youth 
inflatables and Level 50 devices are likely to be more form-fitting 
than Level 70 or Type III devices.
    In the third provision, the Coast Guard intends to incorporate by 
reference ANSI/CAN/UL 9595 covering production inspections and 
inspection frequency into multiple newly proposed and existing subparts 
in Title 46, as listed in table 4.

               Table 4--PFDs Impacted by ANSI/CAN/UL 9595
------------------------------------------------------------------------
                                                          Proposed or
            Subpart                    PFD type        existing  subpart
------------------------------------------------------------------------
160.045.......................  Throwable PFDs.......  Proposed.
160.255.......................  Level 100 PFDs.......  Proposed.
160.264.......................  Inherently Buoyant     Proposed.
                                 Level 50 and Level
                                 70 PFDs.
160.276.......................  Inflatable Level 50    Proposed.
                                 and Level 70 PFDs.
160.055.......................  Life Preservers......  Existing.
160.060.......................  Buoyant Vests........  Existing.
160.064.......................  Marine Buoyant         Existing.
                                 Devices.
160.076.......................  Inflatable PFDs......  Existing.
------------------------------------------------------------------------

    ANSI/CAN/UL 9595 establishes a set of Process Ratings (A, B, and C) 
based on the QMS at each facility. Process Rating C is assigned to 
facilities with a minimally compliant QMS. The requirements for Process 
Rating C are equivalent to the current minimum requirements. Process 
Rating B is assigned to facilities with a good QMS, and Process Rating 
A is reserved for facilities that have demonstrated a superior QMS. 
Because Process Rating C is equivalent to current industry practice, 
the affected population for the IBR of ANSI/CAN/UL 9595 would be

[[Page 21024]]

any PFD manufacturer producing a device approved under one of the 
subparts listed in table 4 and eligible to gain a Process Rating of A 
or B.
    In table 5, we estimate the market share likely to be at Process 
Rating A, B, or C and whether they are foreign or domestic firms.\10\ 
Because a QMS system is expensive to set up, industry stakeholders 
informed the Coast Guard that firms are not expected to develop a QMS 
solely to secure the cost savings of ANSI/CAN/UL 9595. However, a 
number of firms have already established QMS systems at their 
facilities because of other benefits, such as production consistency 
and quality control. The firms that have already established a QMS 
system would experience net cost savings from the proposed IBR of ANSI/
CAN/UL 9595. As a result, we estimate the process rating distribution 
recorded in table 5.
---------------------------------------------------------------------------

    \10\ The process rating applies to a facility owned by a PFD 
manufacturing firm. The lowest process rating is C; if manufacturers 
seek a higher process rating of A or B, then an independent 
laboratory must certify that each facility owned by a manufacturing 
firm meets the standard of the higher rating, which is determined 
through an audit of a facility. A PFD manufacturing firm incurs the 
cost of a higher process rating at each facility. A PFD 
manufacturing firm who currently has a QMS (at least partially in 
place) would be able to seek a higher process rating, A or B, for 
each facility it owns (process rating C is the current baseline or 
default rating and represents the current inspection volume at 
facilities). A separate QMS inspection or audit is necessary for 
this to occur. A higher process rating would result in a reduction 
in the inspection volume at facilities, which would save PFD 
manufacturing firms money.

 Table 5--Market Share of Production Likely To Be at Each Process Rating
------------------------------------------------------------------------
                                                           Market share
             Firm category                Process rating        (%)
------------------------------------------------------------------------
U.S. Firms.............................               A             26.5
Foreign Firms..........................               A             15.0
U.S. Firms.............................               B             51.0
Foreign Firms..........................               B              2.5
U.S. and Foreign Firms.................                C             5.0
                                                         ---------------
    Total..............................  ...............           100.0
------------------------------------------------------------------------

    The fourth provision, permitting the option for placards to replace 
instruction pamphlets, would affect all firms manufacturing PFDs 
approved to any of the categories in table 6 that list placards as 
permitted under the proposed rule.

        Table 6--Device Category and Permitted Instruction Types
------------------------------------------------------------------------
                                       Types of
                                     instructions          Types of
         Device category            allowed by the       instructions
                                     proposed rule     currently in use
------------------------------------------------------------------------
New Level 50 Devices (ANSI/CAN/   Placard...........  N/A because these
 UL 12402-5).                                          devices are not
                                                       yet produced.
New Level 70 Devices (ANSI/CAN/   Placard...........  Placard.
 UL 12402-5).
New Level 100 Devices (ANSI/CAN/  Placard...........  N/A because these
 UL 12402-4).                                          devices are not
                                                       yet produced.
Existing Type I Commercial        Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type II Recreational     Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type III Recreational    Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type IV Throwable        Information         Information
 Devices.                          Pamphlet.           Pamphlet.
------------------------------------------------------------------------

ANSI/CAN/UL 12402-4

Costs
    There are two sources of costs from this provision: (1) independent 
laboratories would need to train their staff to these new standards and 
(2) manufacturing firms that intend to sell in only one market (the 
United States or Canada) would experience additional costs due to an 
increase in the cost of testing according to ANSI/CAN/UL 12402-4 when 
compared to the cost of testing to the legacy standards.\11\
---------------------------------------------------------------------------

    \11\ We estimate the increase in the cost of testing based upon 
data provided by representatives of independent laboratories.
---------------------------------------------------------------------------

    We provide our estimate for the total costs of the proposed IBR of 
ANSI/CAN/UL 12402-4 to U.S. firms in table 7. These costs would include 
$25,000 paid by independent laboratories in the first year to develop 
the instructions and manuals on how to conduct the new ANSI/CAN/UL 
12402-4 testing and the estimated $1,406 per year manufacturers would 
spend on the more expensive ANSI/CAN/UL 12402-4 certification as 
opposed to the legacy certification.\12\
---------------------------------------------------------------------------

    \12\ We estimate the cost of Level 100 testing and approval to 
be about $44,280 and we estimate the cost for the new Type I 
approval to be about $40,000. The Coast Guard estimates 0.45 new 
approvals annually for products intended for sale exclusively in the 
United States. Therefore, the total additional cost to manufacturers 
for the more expensive Level 100 certification would be about $1,926 
($4,280 x 0.45). There are currently 51 products approved as Type I 
devices under 46 CFR part 160.055, of which 37 (73 percent) are 
produced by U.S. PFD firms and 14 (27 percent) are produced by 
foreign PFD firms. Therefore, we estimate the cost to U.S. PFD firms 
for the new UL 12402-4 approval would be about $1,406 annually 
($1,926 x 0.73). We estimate the cost to foreign PFD firms would be 
about $520 ($1,926 x 0.27) annually.

[[Page 21025]]



         Table 7--Estimated Costs to U.S. Firms for Level 100 Devices Under Standard ANSI/CAN/UL 12402-4
                                   [2019 dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $26,406         $24,678         $25,637
2...............................................................           1,406           1,228           1,325
3...............................................................           1,406           1,148           1,287
4...............................................................           1,406           1,073           1,249
5...............................................................           1,406           1,002           1,213
6...............................................................           1,406             937           1,177
7...............................................................           1,406             876           1,143
8...............................................................           1,406             818           1,110
9...............................................................           1,406             765           1,078
10..............................................................           1,406             715           1,046
                                                                 -----------------------------------------------
    Total.......................................................          39,060          33,240          36,265
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          $4,733          $4,251
----------------------------------------------------------------------------------------------------------------

    We present the 10-year total costs to foreign firms from the 
proposed IBR of ANSI/CAN/UL 12402-4 in table 8. Foreign firms would 
only experience the additional approval costs of $520 per year.

       Table 8--Estimated Costs to Foreign Firms for Level 100 Devices Under Standard ANSI/CAN/UL 12402-4
                                   [2019 dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................            $520            $486            $505
2...............................................................             520             454             490
3...............................................................             520             424             476
4...............................................................             520             397             462
5...............................................................             520             371             449
6...............................................................             520             347             436
7...............................................................             520             324             423
8...............................................................             520             303             411
9...............................................................             520             283             399
10..............................................................             520             264             387
                                                                 -----------------------------------------------
    Total.......................................................           5,200           3,652           4,436
                                                                 -----------------------------------------------
    Annualized..................................................  ..............             520             520
----------------------------------------------------------------------------------------------------------------

    We present the 10-year total costs to U.S. and foreign firms from 
the proposed IBR of ANSI/CAN/UL 12402-4 in table 9.

       Table 9--Estimated Total Cost to All Firms for Level 100 Devices Under Standard ANSI/CAN/UL 12402-4
                                   [2019 dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $26,926         $25,164         $26,142
2...............................................................           1,926           1,682           1,815
3...............................................................           1,926           1,572           1,763
4...............................................................           1,926           1,469           1,711
5...............................................................           1,926           1,373           1,661
6...............................................................           1,926           1,283           1,613
7...............................................................           1,926           1,199           1,566
8...............................................................           1,926           1,121           1,520
9...............................................................           1,926           1,048           1,476
10..............................................................           1,926             979           1,433
                                                                 -----------------------------------------------
    Total.......................................................          44,260          36,892          40,701
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           5,253           4,771
----------------------------------------------------------------------------------------------------------------


[[Page 21026]]

Cost Savings
    By adopting ANSI/CAN/UL 12402-4, the Coast Guard would be able to 
harmonize commercial PFD requirements of the United States with those 
of Transport Canada. Harmonization of commercial PFD standards would 
lead to cost savings for PFD manufacturing firms through less expensive 
approval requirements and less frequent ongoing facility inspections.
    Additionally, as a performance-based standard ANSI/CAN/UL 12402-4 
would allow for more innovative designs than the current standards and 
regulations. The newer performance-based standards would allow for the 
development of more innovative PFD designs that might better meet 
boaters' needs. The adoption of a performance-based standard would 
spare the Coast Guard from making the equivalency determinations 
frequently necessary when using the current prescriptive requirements. 
Consequently, the Coast Guard would experience time savings from 
reducing the review time of new device applications during the approval 
process.
    In total, we estimate three sources of quantifiable benefits in the 
form of cost savings associated with the proposed IBR of ANSI/CAN/UL 
12402-4:
    (1) The Coast Guard would spend less time reviewing approval 
applications and making equivalency determinations for the approval of 
innovative PFDs because ANSI/CAN/UL 12402-4 is a performance-based 
rather than prescriptive standard and would allow more innovative 
designs to meet the standard;
    (2) All firms that would apply for approval in both Canadian and 
United States markets would save the difference between one 
certification to ANSI/CAN/UL 12402-4 and separate United States and 
Canadian certifications to legacy standards; and
    (3) Manufacturing facilities producing devices meeting the 
requirements of ANSI/CAN/UL 12402-4 for the United States and Canadian 
markets could be inspected just once for both United States and 
Canadian approval instead of the current requirement to be inspected 
twice, once for United States approval and once for Canadian approval.
    We summarize the total quantified benefits for the cost savings of 
the proposed IBR of ANSI/CAN/UL 12402-4 by reporting the annual 
undiscounted cost savings in table 10.

  Table 10--Estimated Annual Cost Savings of ANSI/CAN/UL 12402-4 to the
                    Industry and the U.S. Government
                             [2019 Dollars]
------------------------------------------------------------------------
                                           Cost savings    Cost savings
        Annual cost savings item              to U.S.       to foreign
                                             entities        entities
------------------------------------------------------------------------
Value of Coast Guard time saved.........          $3,903              $0
Canadian and United States approval               23,551           8,711
 savings................................
Billed facility inspection savings......          13,129           7,502
Quality manager's time saved............           3,054           1,182
                                         -------------------------------
    Total...............................          43,637          17,395
------------------------------------------------------------------------

    In table 11 and table 12, we record the 10-year cost savings from 
the proposed adoption of ANSI/CAN/UL 12402-4 to U.S. and foreign firms, 
separately. In table 13, we record the total 10-year cost savings from 
this proposed provision to the U.S. government.

                     Table 11--Estimated Cost Savings to U.S. Firms From ANSI/CAN/UL 12402-4
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $39,734         $37,135         $38,577
2...............................................................          39,734          34,705          37,453
3...............................................................          39,734          32,435          36,362
4...............................................................          39,734          30,313          35,303
5...............................................................          39,734          28,330          34,275
6...............................................................          39,734          26,476          33,277
7...............................................................          39,734          24,744          32,307
8...............................................................          39,734          23,126          31,366
9...............................................................          39,734          21,613          30,453
10..............................................................          39,734          20,199          29,566
                                                                 -----------------------------------------------
    Total.......................................................         397,340         279,075         338,939
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          39,734          39,734
----------------------------------------------------------------------------------------------------------------


[[Page 21027]]


               Table 12--Estimated Cost Savings to Foreign Firms From Adopting ANSI/CAN/UL 12402-4
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $17,395         $16,257         $16,888
2...............................................................          17,395          15,193          16,396
3...............................................................          17,395          14,200          15,919
4...............................................................          17,395          13,271          15,455
5...............................................................          17,395          12,402          15,005
6...............................................................          17,395          11,591          14,568
7...............................................................          17,395          10,833          14,144
8...............................................................          17,395          10,124          13,732
9...............................................................          17,395           9,462          13,332
10..............................................................          17,395           8,843          12,944
                                                                 -----------------------------------------------
    Total.......................................................         173,950         122,175         148,383
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          17,395          17,395
----------------------------------------------------------------------------------------------------------------


             Table 13--Estimated Cost Savings to the United States Government of ANSI/CAN/UL 12402-4
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................          $3,903          $3,648          $3,789
2...............................................................           3,903           3,409           3,679
3...............................................................           3,903           3,186           3,572
4...............................................................           3,903           2,978           3,468
5...............................................................           3,903           2,783           3,367
6...............................................................           3,903           2,601           3,269
7...............................................................           3,903           2,431           3,174
8...............................................................           3,903           2,272           3,081
9...............................................................           3,903           2,123           2,991
10..............................................................           3,903           1,984           2,904
                                                                 -----------------------------------------------
    Total.......................................................          39,032          27,414          33,295
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           3,903           3,903
----------------------------------------------------------------------------------------------------------------

    In table 14, we record the total discounted, 10-year cost savings 
to the U.S. and foreign PFD industry for the ANSI/CAN/UL 12402-4 
portion of this proposed rule. We estimate this proposed provision 
would save the U.S. and foreign PFD industry about $57,129 annually and 
produce cost savings for the industry of about $401,250 over a 10-year 
period of analysis using a 7-percent discount rate.

         Table 14--Total Estimated Cost Savings to Industry of the Proposed Rule for ANSI/CAN/UL 12402-4
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $57,129         $53,392         $55,465
2...............................................................          57,129          49,899          53,850
3...............................................................          57,129          46,634          52,281
4...............................................................          57,129          43,583          50,758
5...............................................................          57,129          40,732          49,280
6...............................................................          57,129          38,067          47,845
7...............................................................          57,129          35,577          46,451
8...............................................................          57,129          33,250          45,098
9...............................................................          57,129          31,074          43,785
10..............................................................          57,129          29,041          42,509
                                                                 -----------------------------------------------
    Total.......................................................         571,290         401,250         487,322
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          57,129          57,129
----------------------------------------------------------------------------------------------------------------


[[Page 21028]]

ANSI/CAN/UL 12402-5

Costs
    The PFD industry would also incur an increase in costs from this 
proposed rule because, based on consultation with industry experts, we 
estimate this rule would increase the PFD market by 5 percent (meaning 
manufacturing firms would seek new device approvals and produce more 
devices).\13\ The Coast Guard requests public comment on the 
possibility that this rule would increase the PFD market by 5 percent. 
We estimate the costs of this proposed provision as the costs of the 
additional device approvals and the costs of the additional production 
inspections for the greater volume of production that we estimate this 
rule would generate.\14\
---------------------------------------------------------------------------

    \13\ As part of our discussion with PFD manufacturing firms, we 
asked their representatives whether the introduction of Level 50 
devices would lead to a net growth in the PFD market (inclusive of 
substitution out of existing types of products). Manufacturing firm 
representatives stated that they would expect the PFD market would 
grow by about 5 percent from this provision. We interpret the 5 
percent growth as a one-time growth in the level of manufacturing 
spread over a 2-year period.
    \14\ We estimate the additional production inspections based on 
the current production inspection requirements, and we estimate the 
reduction in these inspections through the proposed incorporation by 
reference of ANSI/CAN/UL 9595 in its associated section.
---------------------------------------------------------------------------

    We present in table 15, table 16, and table 17 the discounted costs 
of introducing Level 50 devices over the 10-year period of analysis to 
U.S. firms, foreign firms, and all firms, respectively. The tables 
include the estimated costs of Level 50 devices approved and inspected 
under the current inspections regime. In Year 1, undiscounted costs 
would only be the costs of Level 50 approval for manufacturers, or 
$521,751 for U.S. manufacturers and $124,781 for foreign manufacturers. 
For Year 2, the undiscounted costs would be the costs of Level 50 
approvals to manufacturers ($521,751 for U.S. firms and $124,781 for 
foreign firms) plus the cost of inspections ($29,325 for U.S. firms and 
$6,516 for foreign firms), for a total of about $551,076 ($521,751 + 
$29,325) to U.S. firms and $131,297 ($124,781 + $6,516) to foreign 
firms. In Years 3-10, the costs would be the cost of inspections of 
$71,682 ($58,650 for U.S. firms and $13,032 for foreign firms). The 
estimated 10-year cost discounted at 7 percent would be $1,274,842 or 
$181,509 annualized for U.S. firms, and the 10-year cost discounted at 
7 percent would be $299,267 or $42,609 annualized for foreign firms.

                    Table 15--Estimated Costs to U.S. Firms From Introducing Level 50 Devices
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $521,751        $487,618        $506,554
2...............................................................         551,076         481,331         519,442
3...............................................................          58,650          47,876          53,673
4...............................................................          58,650          44,744          52,110
5...............................................................          58,650          41,817          50,592
6...............................................................          58,650          39,081          49,118
7...............................................................          58,650          36,524          47,688
8...............................................................          58,650          34,135          46,299
9...............................................................          58,650          31,902          44,950
10..............................................................          58,650          29,815          43,641
                                                                 -----------------------------------------------
    Total.......................................................       1,542,027       1,274,842       1,414,068
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         181,509         165,772
----------------------------------------------------------------------------------------------------------------


              Table 16--Estimated Costs to Foreign Firms From the Introduction of Level 50 Devices
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $124,781        $116,618        $121,147
2...............................................................         131,297         114,680         123,760
3...............................................................          13,032          10,638          11,926
4...............................................................          13,032           9,942          11,579
5...............................................................          13,032           9,292          11,242
6...............................................................          13,032           8,684          10,914
7...............................................................          13,032           8,116          10,596
8...............................................................          13,032           7,585          10,288
9...............................................................          13,032           7,089           9,988
10..............................................................          13,032           6,625           9,697
                                                                 -----------------------------------------------
    Total.......................................................         360,334         299,267         331,136
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          42,609          38,819
----------------------------------------------------------------------------------------------------------------


[[Page 21029]]


         Table 17--Total Estimated Costs to PFD Manufacturers From the Introduction of Level 50 Devices
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $646,532        $604,236        $627,701
2...............................................................         682,373         596,011         643,202
3...............................................................          71,682          58,514          65,599
4...............................................................          71,682          54,686          63,689
5...............................................................          71,682          51,108          61,834
6...............................................................          71,682          47,765          60,033
7...............................................................          71,682          44,640          58,284
8...............................................................          71,682          41,720          56,586
9...............................................................          71,682          38,990          54,938
10..............................................................          71,682          36,439          53,338
                                                                 -----------------------------------------------
    Total.......................................................       1,902,361       1,574,109       1,745,204
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         224,118         204,591
----------------------------------------------------------------------------------------------------------------

Qualitative Benefits of ANSI/CAN/UL 12402-5

    The Coast Guard believes that the proposed introduction of Level 50 
devices coupled with the requirement to wear them if they are to count 
for the purposes of PFD carriage requirements may lead to an 
unquantifiable increase in PFD wear rates among recreational boaters 
and thereby potentially decrease the rate of drowning. The Coast Guard 
requests public comment on whether Level 50 devices could lead to an 
increase in PFD wear rates among recreational boaters. Drowning is the 
leading cause of death in recreational boating accidents, accounting 
for 79 percent of all recreational boating casualties where we know the 
cause of death.\15\ Of those who drowned, 86 percent were not wearing a 
lifejacket. Wearing a lifejacket is one of the best means available of 
preventing accidental drowning in recreational boating. Unfortunately, 
recreational boaters only wear lifejackets about 24 percent of the 
time.\16\
---------------------------------------------------------------------------

    \15\ United States Coast Guard, ``2019 Recreational Boating 
Statistics.'' https://uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2019.pdf.
    \16\ United States Coast Guard, ``2019 Life Jacket Wear Rate 
Observation Study.'' https://uscgboating.org/library/national-live-jacket-wear-study/2019-Life-Jacket-Wear-Rate-Report.pdf.
---------------------------------------------------------------------------

    Level 50 devices are likely to be slimmer, lighter in weight, and 
more comfortable to wear than current Type III and Level 70 devices. 
Additionally, the Coast Guard would require recreational boaters to 
wear Level 50 devices to count towards PFD carriage requirements. 
Individuals who purchase Level 50 devices would be more likely to wear 
PFDs than similar individuals who purchase bulkier Level 70 or Type III 
devices without a requirement that they be worn for the purposes of 
carriage. The National Institutes of Health (NIH) conducted a 
literature review, and among other factors, found discomfort to be 
negatively associated with lifejacket wear [NIH, 2018].\17\ It is the 
Coast Guard's view that PFDs worn are more effective than PFDs carried 
on board if a man overboard situation occurs. As a result, it is 
possible that the public would be safer due to recreational boaters 
wearing a greater number of PFDs while boating.
---------------------------------------------------------------------------

    \17\ We cited this review from the NIH earlier in the preamble 
in footnote number 2. Readers should reference that footnote for a 
link to this article and other articles by the NIH for more 
information on PFD usage.
---------------------------------------------------------------------------

    Since the Level 50 devices provide a lower level of buoyancy than 
Level 70 devices, a direct comparison is not possible. However, the 
view of the subject matter experts in the Coast Guard's Office of 
Boating Safety is that the wearing of Level 50 PFDs by recreational 
boaters and the general boating public would improve safety on the 
water. Recreational boaters fail to wear lifejackets 76 percent of the 
time, leaving themselves vulnerable to drowning. The Coast Guard 
believes that by offering recreational boaters an additional choice of 
a Level 50 PFD, which is required to be worn, more recreational boaters 
will choose to wear their lifejacket while engaged in boating 
activities. A lifejacket that is worn by the user is more effective 
than a lifejacket stowed on the boat.

ANSI/CAN/UL 9595

    The third proposed change incorporates by reference the consensus 
standard ANSI/CAN/UL 9595 to cover follow-up inspections and inspection 
frequency for Coast Guard approved PFDs. Currently, when a 
manufacturing firm produces a Coast Guard approved PFD there is a 
required follow-up inspection regime to ensure that the devices 
continue to meet the specifications under which the Coast Guard 
approved them. Although the Coast Guard has not previously published a 
substantive minimum requirement for what constitutes a follow-up 
inspections regime, we set out general requirements in 46 CFR 159, 46 
CFR 160.064-4, and 46 CFR 160.076-29. The Coast Guard reviews each 
recognized independent laboratory's follow-up services program to 
ensure compliance with these regulations.
    Incorporating by reference ANSI/CAN/UL 9595 would provide a few key 
benefits to the regulated public and the testing laboratories. First, 
ANSI/CAN/UL 9595 is one standard to ensure consistency across all 
accepted and recognized independent laboratories. Second, ANSI/CAN/UL 
9595 is a standard that would be widely available to the industry and 
transparently clarifies guidance on what constitutes a follow-up 
inspection regime. Third, and most importantly, ANSI/CAN/UL 9595 
establishes a rating system for each facility, which would result in 
cost savings for the firms manufacturing at facilities with a good or 
superior QMS.
Costs
    There are three cost items associated with the proposed adoption of 
ANSI/CAN/UL 9595. These costs are based on input from subject matter 
experts from the PFD industry on how ANSI/CAN/UL 9595 is likely to be 
implemented:
    (1) The two recognized independent laboratories would need to train 
their staff to implement ANSI/CAN/UL 9595;
    (2) Manufacturing firms could request a special inspection in the 
first year to certify their QMS at a given facility

[[Page 21030]]

meets the requirements for Process Rating of A or B. We expect the top 
13 firms to request this certification across all 27 facilities at 
which they manufacture. This special inspection would be expected to be 
in addition to the regular production inspections required for Process 
Rating C; and
    (3) After the first year where the QMS inspection would be 
supplemental to standard inspections, the QMS inspection could replace 
one of the mandatory inspections, but could cost more than a standard 
inspection at the top 13 firms with 27 facilities.
    We estimate the 10-year discounted cost for inspections under this 
proposed provision that are associated with U.S. firms would be 
approximately $93,027, or $13,245 annualized using a 7-percent discount 
rate. We estimate the total 10-year discounted cost for inspections 
that are associated with foreign firms would be approximately $37,310, 
or $3,000 annualized using a 7-percent discount rate. In total, we 
estimate the 10-year discounted costs from ANSI/CAN/UL 9595 would be 
$130,337 or $18,557 annualized using a 7-percent discount rate. We 
present these amounts in table 18, table 19, and table 20.

                  Table 18--Estimated QMS Inspection Costs to U.S. Firms From ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $53,118         $49,643         $51,571
2...............................................................           7,125           6,223           6,716
3...............................................................           7,125           5,816           6,520
4...............................................................           7,125           5,436           6,330
5...............................................................           7,125           5,080           6,146
6...............................................................           7,125           4,748           5,967
7...............................................................           7,125           4,437           5,793
8...............................................................           7,125           4,147           5,625
9...............................................................           7,125           3,876           5,461
10..............................................................           7,125           3,622           5,302
                                                                 -----------------------------------------------
    Total.......................................................         117,243          93,027         105,431
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          13,245          12,360
----------------------------------------------------------------------------------------------------------------


                 Table 19--Estimated QMS Inspection Costs to Foreign Firms From ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $20,376         $19,043         $19,783
2...............................................................           3,000           2,620           2,828
3...............................................................           3,000           2,449           2,745
4...............................................................           3,000           2,289           2,665
5...............................................................           3,000           2,139           2,588
6...............................................................           3,000           1,999           2,512
7...............................................................           3,000           1,868           2,439
8...............................................................           3,000           1,746           2,368
9...............................................................           3,000           1,632           2,299
10..............................................................           3,000           1,525           2,232
                                                                 -----------------------------------------------
    Total.......................................................          47,376          37,310          42,461
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           5,312           4,978
----------------------------------------------------------------------------------------------------------------


                       Table 20--Total Estimated QMS Inspection Costs for ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $73,494         $68,686         $71,353
2...............................................................          10,125           8,844           9,544
3...............................................................          10,125           8,265           9,266
4...............................................................          10,125           7,724           8,996
5...............................................................          10,125           7,219           8,734
6...............................................................          10,125           6,747           8,480
7...............................................................          10,125           6,305           8,233
8...............................................................          10,125           5,893           7,993
9...............................................................          10,125           5,507           7,760

[[Page 21031]]

 
10..............................................................          10,125           5,147           7,534
                                                                 -----------------------------------------------
    Total.......................................................         164,619         130,337         147,892
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          18,557          17,337
----------------------------------------------------------------------------------------------------------------

Cost Savings
    The proposed IBR of ANSI/CAN/UL 9595 would generate benefits in the 
form of cost savings for PFD manufacturing firms who have a QMS in 
place. Manufacturers with an audited QMS would be able to secure a 
higher Process Rating, which in turn, would reduce the frequency of 
production inspections for PFDs based upon their higher Process Rating.
    We estimate this proposed provision would generate benefits in the 
form of cost savings for U.S. firms of $5,562,385, or $791,959 
annualized, over a 10-year period of analysis using a 7-percent 
discount rate, and we similarly estimate cost savings of $1,331,726, or 
$189,608 annualized, to foreign firms over a 10-year period of analysis 
discounted at 7 percent. In total, we estimate $6,894,111, or $981,566 
annualized, in cost savings to all firms under this proposed provision 
using a 10-year period of analysis and a 7-percent discount rate. We 
present these 10-year cost savings to U.S., foreign, and both U.S. and 
foreign firms in table 21, table 22, and table 23, respectively.

                      Table 21--Estimated Cost Savings to U.S. Firms From ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................              $0              $0              $0
2...............................................................         897,438         783,857         845,921
3...............................................................         916,206         747,897         838,458
4...............................................................         916,206         698,969         814,037
5...............................................................         916,206         653,242         790,327
6...............................................................         916,206         610,506         767,308
7...............................................................         916,206         570,567         744,959
8...............................................................         916,206         533,240         723,261
9...............................................................         916,206         498,355         702,195
10..............................................................         916,206         465,752         681,743
                                                                 -----------------------------------------------
    Total.......................................................       8,227,082       5,562,385       6,908,209
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         791,959         809,853
----------------------------------------------------------------------------------------------------------------


                     Table 22--Estimated Cost Savings to Foreign Firms From ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Discounted cost savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................              $0              $0              $0
2...............................................................         214,989         187,780         202,648
3...............................................................         219,333         179,041         200,721
4...............................................................         219,333         167,328         194,875
5...............................................................         219,333         156,382         189,199
6...............................................................         219,333         146,151         183,688
7...............................................................         219,333         136,590         178,338
8...............................................................         219,333         127,654         173,144
9...............................................................         219,333         119,303         168,101
10..............................................................         219,333         111,498         163,204
                                                                 -----------------------------------------------
    Total.......................................................       1,969,655       1,331,726       1,653,917
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         189,608         193,890
----------------------------------------------------------------------------------------------------------------


[[Page 21032]]


                       Table 23--Estimated Cost Savings to All Firms From ANSI/CAN/UL 9595
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total         Discounted costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................              $0              $0              $0
2...............................................................       1,112,427         971,637       1,048,569
3...............................................................       1,135,539         926,938       1,039,179
4...............................................................       1,135,539         866,297       1,008,912
5...............................................................       1,135,539         809,623         979,526
6...............................................................       1,135,539         756,657         950,996
7...............................................................       1,135,539         707,156         923,297
8...............................................................       1,135,539         660,894         896,405
9...............................................................       1,135,539         617,658         870,296
10..............................................................       1,135,539         577,250         844,948
                                                                 -----------------------------------------------
    Total.......................................................      10,196,737       6,894,111       8,562,126
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         981,566       1,003,742
----------------------------------------------------------------------------------------------------------------

Placards in Lieu of Information Pamphlets
    The fourth change in the proposed rule comes from details contained 
within ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5. These standards 
specify requirements for a placard to be attached to all devices 
certified to those standards. The placard provides information on PFDs' 
performance, selection, and approval, warnings, maintenance, and 
general water safety information in a pictographic format. This 
proposed rule would amend 33 CFR 181 to permit manufacturing firms to 
use a placard in lieu of the informational pamphlet.
Costs
    For the convenience of the reader, table 24 reproduces table 6 from 
the Affected Population section to list the various types of PFDs 
impacted by this rule, and whether they would be required to use 
placards to covey safety instructions or whether they could use either 
placards or information pamphlets.\18\
---------------------------------------------------------------------------

    \18\ Current marking requirements require a pamphlet, while the 
proposed new marking requirement would be for a placard or pamphlet. 
Because these placards and pamphlets are both produced in factories, 
the Coast Guard estimates that it takes the same amount of time to 
produce and include either a pamphlet or a placard with a newly 
manufactured PFD for sale. As a result, we do not estimate there 
would be any changes in the PRA burden brought on by the switch from 
pamphlets to placards.

        Table 24--Device Category and Permitted Instruction Types
------------------------------------------------------------------------
                                       Types of
                                     instructions          Types of
         Device category            allowed by the       instructions
                                     proposed rule     currently in use
------------------------------------------------------------------------
New Level 50 Devices (ANSI/CAN/   Placard...........  N/A because these
 UL 12402-5).                                          devices are not
                                                       yet produced.
New Level 70 Devices (ANSI/CAN/   Placard...........  Placard.
 UL 12402-5).
New Level 100 Devices (ANSI/CAN/  Placard...........  N/A because these
 UL 12402-4).                                          devices are not
                                                       yet produced.
Existing Type I Commercial        Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type II Recreational     Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type III Recreational    Placard or          Information
 Devices.                          Information         Pamphlet.
                                   Pamphlet.
Existing Type IV Throwable        Information         Information
 Devices.                          Pamphlet.           Pamphlet.
------------------------------------------------------------------------

    As shown in table 24 above, the proposed changes in instruction 
information would either apply to PFD categories not yet produced or 
permit an additional compliance option. No devices would have fewer 
options for instruction materials than under current regulations. As a 
result, we estimate there would be no additional costs from replacing 
safety information pamphlets with placards because firms could either 
continue their current activities or produce placards instead.
Unquantified Benefits
    There are two sources of unquantified benefits from the proposed 
requirement for the use of placards on new device categories and the 
proposed permitting of placard use on existing device categories. The 
first source of unquantified benefits would occur because a placard is 
likely less expensive to produce than an information pamphlet. A 
representative from the PFD manufacturing industry told us that the 
placard would likely be around $0.05 cheaper to produce than the 
information pamphlet because the placard would contain fewer materials 
than the information pamphlet. However, we could not find any data on 
the costs to produce information pamphlets and the costs to produce 
placards, so we cannot determine the relative size of this cost 
savings. We believe based on the full discussion that the $0.05 
estimate is a rough approximation of the fact that placards are 
slightly less expensive than information pamphlets but ultimately about 
the same price. Additionally, we have no way of estimating how large a 
share of current production would switch from producing information 
pamphlets to placards, as placards would not be required. Due to these 
factors, we did not produce a quantitative estimate of the cost savings 
due to placards.
    The second unquantified benefit would come from the fact that 
placards use pictorial images to communicate safety information, while 
information

[[Page 21033]]

pamphlets use English-language text. Pictorial information is superior 
to text at communicating information to non-English-reading audiences. 
We do not have a way of quantifying this benefit, but would like to 
note that approximately 21 percent of the U.S. population has a ``low'' 
level of English literacy. For those populations, pictorial information 
may be better than text-based information.\19\
---------------------------------------------------------------------------

    \19\ U.S. Department of Education, ``Data Point: Adult Literacy 
in the United States'' (July 2019). https://nces.ed.gov/pubs2019/2019179.pdf.
---------------------------------------------------------------------------

Total Costs
    We display the total costs from this proposed rule to U.S. 
entities, foreign entities, and both U.S. and foreign entities using a 
10-year period of analysis discounted at 7 percent in table 25, table 
26, and table 27, respectively.

                                    Table 25--Estimated Costs for U.S. Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $601,275        $561,939        $583,762
2...............................................................         559,607         488,782         527,483
3...............................................................          67,181          54,840          61,480
4...............................................................          67,181          51,252          59,689
5...............................................................          67,181          47,899          57,951
6...............................................................          67,181          44,766          56,263
7...............................................................          67,181          41,837          54,624
8...............................................................          67,181          39,100          53,033
9...............................................................          67,181          36,542          51,489
10..............................................................          67,181          34,151          49,989
                                                                 -----------------------------------------------
    Total.......................................................       1,698,330       1,401,108       1,555,764
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         199,486         182,383
----------------------------------------------------------------------------------------------------------------


                                   Table 26--Estimated Costs for Foreign Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $145,677        $136,147        $141,434
2...............................................................         134,817         117,754         127,078
3...............................................................          16,552          13,511          15,147
4...............................................................          16,552          12,627          14,706
5...............................................................          16,552          11,801          14,278
6...............................................................          16,552          11,029          13,862
7...............................................................          16,552          10,308          13,458
8...............................................................          16,552           9,633          13,066
9...............................................................          16,552           9,003          12,686
10..............................................................          16,552           8,414          12,316
                                                                 -----------------------------------------------
    Total.......................................................         412,910         340,229         378,032
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          48,441          44,317
----------------------------------------------------------------------------------------------------------------


                           Table 27--Total Estimated Costs for U.S. and Foreign Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $746,952        $698,086        $725,196
2...............................................................         694,424         606,537         654,561
3...............................................................          83,733          68,351          76,628
4...............................................................          83,733          63,880          74,396
5...............................................................          83,733          59,700          72,229
6...............................................................          83,733          55,795          70,125
7...............................................................          83,733          52,145          68,083
8...............................................................          83,733          48,733          66,100
9...............................................................          83,733          45,545          64,174

[[Page 21034]]

 
10..............................................................          83,733          42,566          62,305
                                                                 -----------------------------------------------
    Total.......................................................       2,111,240       1,741,338       1,933,796
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         247,927         226,700
----------------------------------------------------------------------------------------------------------------

Total Cost Savings
    We display the total cost savings from this proposed rule to U.S. 
firms, the U.S. government, foreign firms, and all firms using a 10-
year period of analysis discounted at 7 percent in table 28, table 29, 
table 30, and table 31, respectively.

                              Table 28--Total Estimated Cost Savings to U.S. Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total         Discounted costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $39,734         $37,135         $38,577
2...............................................................         937,172         818,562         883,374
3...............................................................         955,940         780,331         874,820
4...............................................................         955,940         729,282         849,340
5...............................................................         955,940         681,572         824,602
6...............................................................         955,940         636,983         800,584
7...............................................................         955,940         595,311         777,266
8...............................................................         955,940         556,366         754,628
9...............................................................         955,940         519,968         732,648
10..............................................................         955,940         485,951         711,309
                                                                 -----------------------------------------------
    Total.......................................................       8,624,422       5,841,460       7,247,148
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         831,693         849,587
----------------------------------------------------------------------------------------------------------------


                             Table 29--Total Estimated Cost Savings to Foreign Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total         Discounted costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $17,395         $16,257         $16,888
2...............................................................         232,384         202,973         219,044
3...............................................................         236,728         193,241         216,640
4...............................................................         236,728         180,599         210,330
5...............................................................         236,728         168,784         204,204
6...............................................................         236,728         157,742         198,256
7...............................................................         236,728         147,422         192,482
8...............................................................         236,728         137,778         186,875
9...............................................................         236,728         128,764         181,432
10..............................................................         236,728         120,341         176,148
                                                                 -----------------------------------------------
    Total.......................................................       2,143,605       1,453,901       1,802,300
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         207,003         211,285
----------------------------------------------------------------------------------------------------------------


                     Table 30--Total Estimated Cost Savings to the United States Government
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total         Discounted costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................          $3,903          $3,648          $3,789
2...............................................................           3,903           3,409           3,679
3...............................................................           3,903           3,186           3,572
4...............................................................           3,903           2,978           3,468

[[Page 21035]]

 
5...............................................................           3,903           2,783           3,367
6...............................................................           3,903           2,601           3,269
7...............................................................           3,903           2,431           3,174
8...............................................................           3,903           2,272           3,081
9...............................................................           3,903           2,123           2,991
10..............................................................           3,903           1,984           2,904
                                                                 -----------------------------------------------
    Total.......................................................          39,032          27,414          33,295
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           3,903           3,903
----------------------------------------------------------------------------------------------------------------


     Table 31--Total Estimated Cost Savings to U.S. and Foreign Manufacturing Firms and the U.S. Government
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                       Total         Discounted costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $61,032         $57,039         $59,255
2...............................................................       1,173,459       1,024,945       1,106,098
3...............................................................       1,196,571         976,758       1,095,032
4...............................................................       1,196,571         912,858       1,063,138
5...............................................................       1,196,571         853,139       1,032,173
6...............................................................       1,196,571         797,326       1,002,109
7...............................................................       1,196,571         745,164         972,922
8...............................................................       1,196,571         696,415         944,584
9...............................................................       1,196,571         650,855         917,072
10..............................................................       1,196,571         608,276         890,361
                                                                 -----------------------------------------------
    Total.......................................................      10,807,059       7,322,776       9,082,743
                                                                 -----------------------------------------------
    Annualized..................................................  ..............       1,042,599       1,064,775
----------------------------------------------------------------------------------------------------------------

Net Cost Savings
    We display the total net cost savings from this proposed rule to 
U.S. firms, the U.S. government, foreign firms, and all entities using 
a 10-year period of analysis discounted at 7 percent in table 32, table 
33, table 34, and table 35, respectively.

                            Table 32--Total Estimated Net Cost Savings to U.S. Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                        Net        Net discounted  costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................       -$561,541       -$524,805       -$545,185
2...............................................................         377,565         329,780         355,891
3...............................................................         888,759         725,492         813,340
4...............................................................         888,759         678,030         789,651
5...............................................................         888,759         633,673         766,651
6...............................................................         888,759         592,217         744,321
7...............................................................         888,759         553,474         722,642
8...............................................................         888,759         517,266         701,594
9...............................................................         888,759         483,426         681,159
10..............................................................         888,759         451,800         661,320
                                                                 -----------------------------------------------
    Total.......................................................       6,926,092       4,440,352       5,691,384
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         632,206         667,204
----------------------------------------------------------------------------------------------------------------


[[Page 21036]]


                           Table 33--Total Estimated Net Cost Savings to Foreign Firms
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                        Net        Net discounted  costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................       -$128,282       -$119,890       -$124,546
2...............................................................          97,567          85,219          91,966
3...............................................................         220,176         179,729         201,492
4...............................................................         220,176         167,971         195,624
5...............................................................         220,176         156,983         189,926
6...............................................................         220,176         146,713         184,394
7...............................................................         220,176         137,115         179,023
8...............................................................         220,176         128,145         173,809
9...............................................................         220,176         119,761         168,747
10..............................................................         220,176         111,926         163,832
                                                                 -----------------------------------------------
    Total.......................................................       1,730,695       1,113,672       1,424,268
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         158,562         166,968
----------------------------------------------------------------------------------------------------------------


                     Table 34--Total Estimated Cost Savings to the United States Government
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                        Net        Net discounted  costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................          $3,903          $3,648          $3,789
2...............................................................           3,903           3,409           3,679
3...............................................................           3,903           3,186           3,572
4...............................................................           3,903           2,978           3,468
5...............................................................           3,903           2,783           3,367
6...............................................................           3,903           2,601           3,269
7...............................................................           3,903           2,431           3,174
8...............................................................           3,903           2,272           3,081
9...............................................................           3,903           2,123           2,991
10..............................................................           3,903           1,984           2,904
                                                                 -----------------------------------------------
    Total.......................................................          39,032          27,414          33,295
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           3,903           3,903
----------------------------------------------------------------------------------------------------------------


                           Table 35--Total Estimated Net Cost Savings to All Entities
                                   [2019 Dollars, 10-year period of analysis]
----------------------------------------------------------------------------------------------------------------
                                                                        Net        Net discounted  costs savings
                              Year                                 undiscounted  -------------------------------
                                                                   cost savings         7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................       -$685,920       -$641,047       -$665,942
2...............................................................         479,035         418,408         451,536
3...............................................................       1,112,838         908,407       1,018,404
4...............................................................       1,112,838         848,979         988,742
5...............................................................       1,112,838         793,438         959,944
6...............................................................       1,112,838         741,531         931,984
7...............................................................       1,112,838         693,020         904,839
8...............................................................       1,112,838         647,682         878,485
9...............................................................       1,112,838         605,310         852,898
10..............................................................       1,112,838         565,710         828,056
                                                                 -----------------------------------------------
    Total.......................................................       8,695,819       5,581,438       7,148,947
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         794,671         838,075
----------------------------------------------------------------------------------------------------------------


[[Page 21037]]

Alternatives
    We identified three alternatives to the current proposed rule:
    (1) Incorporate ANSI/CAN/UL 12402-5 for the approval of Level 70 
PFDs only, prohibiting the approval of Level 50 PFDs;
    (2) Require placards for existing Type I, II, and III PFDs instead 
of providing the option to continue the use of informational pamphlets; 
and
    (3) Adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by policy.
    Alternative 1: Incorporate ANSI/CAN/UL 12402-5 for Level 70 PFDs 
only.
    We considered an alternative that would incorporate ANSI/CAN/UL 
12402-5, but limit approval to Level 70 PFDs only. Level 50 PFDs would 
not be eligible for Coast Guard approval and would not meet carriage 
requirements on any vessel. If the Coast Guard were to choose this 
alternative, the market for Level 50 devices would not be viable 
because Level 50 devices would no longer meet carriage requirements. We 
therefore expect there would be no benefits from a new market as the 
market would not exist. The expected qualitative benefit of increased 
wear-rates associated with more comfortable and innovative Level 50 
PFDs would be lost with this alternative. We would also be restricting 
recreational boaters to one category of PFD when Level 50 PFDs could 
better suit their purpose. As a result, we rejected this alternative 
because we expect wear rates and therefore benefits would be lower.
Alternative 2: Require Placards Instead of the Option of Placards or 
Pamphlets
    Under this proposed rule, we require that only new Level 50, 70, 
and 100 devices use placards. We considered the alternative of 
requiring that PFD manufacturers use placards instead of information 
pamphlets for all existing PFDs. While we observe that the cost of 
producing a placard is generally less than the cost of producing an 
information pamphlet, we also observe that some manufacturers may have 
already printed pamphlets or may not choose to use placards. As a 
result, we rejected this alternative.
Alternative 3: Adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by 
Policy
    Another alternative we considered would be to adopt ANSI/CAN/UL 
12402-4 and ANSI/CAN/UL 12402-5 by policy instead of incorporating them 
by reference into the CFR. Under 46 CFR 159.005-7(c), the Coast Guard 
has the authority to approve an item of equipment that does not meet 
all the requirements of 46 CFR 160.055 if it has equivalent performance 
characteristics. The Coast Guard has already used this authority to 
partially adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by policy. 
Because this authority is limited to the approval of equipment with 
equivalent performance characteristics, we cannot fully adopt these 
standards by policy. In particular, Level 50 PFDs, youth inflatable 
PFDs, and inflatable Level 100 PFDs could not be approved by policy 
because they are not equivalent to any current Coast Guard standards. 
For that reason, we rejected this alternative.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA), 5 United States Code 
(U.S.C.) 601-612, we have prepared this Initial Regulatory Flexibility 
Analysis (IRFA) that examines the impacts of the proposed rule on small 
entities.
    Per the RFA, a small entity may be a small independent business, 
defined as one independently owned and operated, organized for profit, 
and not dominant in its field under the Small Business Act (5 U.S.C. 
632); a small not-for-profit organization, defined as any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field; or a small governmental jurisdiction, defined as 
a locality with fewer than 50,000 people.
    Section 603(b) of the RFA prescribes the content of the IRFA, which 
addresses the following:
    (1) A description of the reasons why action by the agency is being 
considered;
    (2) A succinct statement of the objectives of, and legal basis for, 
the proposed rule;
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities that will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
    (6) A description of any significant alternatives to the rule that 
accomplish the stated objectives of applicable statutes and that 
minimize any significant economic impact of the proposed rule on small 
entities.
1. A Description of the Reasons Why Action by the Agency Is Being 
Considered
    The Coast Guard proposes to amend the lifejacket approval 
requirements and follow-up program requirements by incorporating three 
new binational standards. At the same time, the Coast Guard proposes to 
amend lifejacket and PFD carriage requirements to allow for the use of 
equipment approved to the new standards, and to remove obsolete 
equipment approval requirements. The new standards are intended to 
replace the legacy standards. The proposed amendments will streamline 
the process for approval of PFDs and allow manufacturers the 
opportunity to produce equipment that meets the approval requirements 
of both Canada and the United States, while reducing the burden for 
manufacturers in both the approval process and follow-up program.
2. A Succinct Statement of the Objective of, and Legal Basis for, the 
Proposed Rule
    This proposed rule would harmonize PFD approval standards with 
those used in Canada, lead to net cost savings for PFD manufacturers, 
and introduce a new type of PFD that may better meet the needs of some 
recreational boaters.
    This proposed rule is discretionary and not issued because of a 
statutory mandate. The Coast Guard will use its existing rulemaking 
authority provided under Title 46, U.S. Code, sections 3306(a), 4102(a) 
and (b), 4302(a) and (c), and 4502(a) and (c)(2)(B).
    Title 46 U.S.C. 3306 provides the Coast Guard with the general 
authority to prescribe regulations for the design, construction, 
performance, testing, carriage, use, and inspection of lifesaving 
equipment on commercial and recreational vessels. Title 46 U.S.C. 4102 
and 4302 provide more specific authority to prescribe regulations about 
life preservers and other life saving devices on uninspected and 
recreational vessels, respectively.
3. A Description--and, Where Feasible, an Estimate of the Number--of 
Small Entities to Which the Proposed Rule Will Apply
    This proposed rule has four major provisions:
    (1) It would incorporate by reference ANSI/CAN/UL 12402-4, 
replacing Type I device approval with Level 100 device approval.
    (2) It would incorporate by reference ANSI/CAN/UL 12402-5, 
introducing new Level 50 device approvals.
    (3) It would incorporate by reference ANSI/CAN/UL 9595, setting new

[[Page 21038]]

standards for follow-on production inspections.
    (4) It would permit the use of placards in lieu of instruction 
pamphlets.
    Across these four provisions, we estimate that this proposed rule 
would directly affect two Coast Guard recognized laboratories and 57 
PFD manufacturers.
    We researched these two Coast Guard recognized laboratories and 57 
PFD manufacturers to determine if they are U.S. companies or foreign 
companies based on the location of their parent company's headquarters. 
We found one Coast Guard recognized laboratory to be a U.S. company and 
one to be a foreign company. We found 37 of the 57 PFD manufacturers to 
be U.S. companies and 20 to be foreign companies. We then researched 
each of these 38 U.S. companies (1 testing laboratory and 37 PFD 
manufacturers) to determine its North American Industry Classification 
System (NAICS) code and its size standard using the Small Business 
Administration's (SBA) size standard table. Next, we reviewed each U.S. 
parent company's revenue or employee information to determine whether 
the company would be small or not small according to SBA size 
standards. We present the results of our research in table 36. We found 
the U.S. Coast Guard recognized laboratory to be small, and of the 37 
U.S. manufacturers, we found 30 of them to be small entities according 
to SBA size standards; we did not find any U.S. small entities to be 
small governmental jurisdictions.

                        Table 36--Number of Small Entities Affected by the Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                                        Size
    NAICS code       NAICS code and industry  Size  standard  type    standard    Number of U.S.     Number of
                              type                                      used        companies     small entities
----------------------------------------------------------------------------------------------------------------
314910............  Textile Bag and Canvas    Employees...........          500                1               1
                     Mills.
314999............  All Other Miscellaneous   Revenue.............         $8.0                2               2
                     Store Retailers (except
                     Tobacco Stores).
315280............  Other Cut and Sew         Employees...........          750                1               1
                     Apparel Manufacturing.
315990............  Apparel Accessories and   Employees...........          500                1               1
                     Other Apparel
                     Manufacturing.
326199............  All Other Plastics        Employees...........          750                2               0
                     Product Manufacturing.
326299............  All Other Rubber Product  Employees...........          500                1               1
                     Manufacturing.
327120............  Clay Building Material    Employees...........          750                1               1
                     and Refractories
                     Manufacturing.
336612............  Boat Building...........  Employees...........        1,000                2               2
339920............  Sporting and Athletic     Employees...........          750                4               3
                     Goods Manufacturing.
339999............  All Other Miscellaneous   Employees...........          500                1               1
                     Manufacturing.
423910............  Sporting and              Employees...........          100                1               1
                     Recreational Goods and
                     Supplies Merchant
                     Wholesalers.
441222............  Boat Dealers............  Revenue.............        $35.0                5               4
448140............  Family Clothing Stores..  Revenue.............        $41.5                1               0
448150............  Clothing Accessories      Revenue.............        $16.5                2               1
                     Stores.
451110............  Sporting Goods Stores...  Revenue.............        $16.5                2               2
452319............  All Other General         Revenue.............        $35.0                1               1
                     Merchandise Stores.
453930............  Manufactured (Mobile)     Revenue.............        $16.5                1               0
                     Home Dealers.
541380............  Testing Laboratories....  Revenue.............        $16.5                1               0
541870............  Advertising Material      Revenue.............        $16.5                1               1
                     Distribution Services.
561990............  All Other Support         Revenue.............        $12.0                1               1
                     Services.
713930............  Marinas.................  Revenue.............         $8.0                1               1
Unknown...........  Unknown.................  Unknown.............      Unknown                5               5
                                                                                --------------------------------
                                                                                              38              30
----------------------------------------------------------------------------------------------------------------

    Each proposed provision would affect a different subset of the 30 
small entities from above and have a different distribution of costs, 
cost savings, and transfers across those small entities. We will 
discuss each proposed provision separately below and then summarize 
each provision's impacts.
Provision 1: Incorporation by Reference of ANSI/CAN/UL 12402-4
    The first proposed provision, the IBR of ANSI/CAN/UL 12402-4, would 
affect seven small entities, six of which have known revenues. The 
first provision would result in costs to PFD manufacturing firms that 
are small entities that would intend to sell Level 100 devices in only 
one market (the United States or Canada). Firms wishing to sell Level 
100 devices in both United States and Canadian markets would no longer 
conduct duplicative approvals and facility inspections, leading to cost 
savings.
    Whether small entities would or would not experience cost savings 
depends on whether each small entity would prefer to sell their device 
in only the United States or Canada or in both markets. The Coast Guard 
does not know which small entities would prefer a cheaper set of tests 
with only the ability to sell in one market and which would prefer a 
more expensive set of tests with the ability to sell in both markets. 
We therefore compare both the costs and cost savings estimates to each 
small entity.
    In the RA, we estimate the Level 100 approval would be $4,280 more 
expensive than the current Type I approval. While in the RA we estimate 
that testing laboratories would receive an application for approval to 
Level 100 standards 0.45 times per year, each small entity would 
experience this cost only when they submit a new application. Each 
small entity would likely apply for an approval once they develop a new 
device. The Coast Guard cannot ascertain when each small entity might 
submit a new application, so instead we retain the cost of $4,280 as an 
estimate of a one-time (initial year cost) per small entity cost of 
ANSI/CAN/UL 12402-4.
    We estimate the cost savings for small entities that wish to sell 
in two markets would be $35,720 per new Level 100 approval, $4,746 per 
revision of an existing approval with testing, and $1,172 per revision 
of an existing approval without testing. As with costs of ANSI/CAN/UL 
12402-4, each small entity would experience the cost savings only when 
it submits each application. The Coast Guard does not know when small 
entities might seek new approvals or revisions in the future, so we 
estimate

[[Page 21039]]

these as one-time cost savings to small entities from ANSI/CAN/UL 
12402-4. Specifically, we estimate each small entity would experience a 
one-time total cost savings of $41,638 for each approval, which is the 
sum of the Level 100 approvals and revisions to approvals with or 
without testing ($35,720 + $4,746 + $1,172). Each of these seven small 
entities would also experience an ongoing (annual) cost savings of 
$1,155.92 from reduced facility inspection frequency.\20\
---------------------------------------------------------------------------

    \20\ Facility inspections last four hours and include the billed 
cost of the inspector's time, or $234.45, and the opportunity cost 
of a Quality Manager's time, or $54.53 per hour as a loaded weighted 
average. ($234.45 + $54.53) x 4 = $1,155.92. Readers should refer to 
the section of the RA discussing the ANSI/CAN/UL 12402-4 standard.
---------------------------------------------------------------------------

Provision 2: Incorporation by Reference of ANSI/CAN/UL 12402-5
    Incorporating by reference ANSI/CAN/UL 12402-5 would permit small 
entities to seek Coast Guard approval to produce and sell Level 50 
devices. The Coast Guard has not previously approved these devices. We 
estimate that this provision would affect all 30 small entities, 24 of 
which have known revenues.
    In the RA, we estimate that the introduction of Level 50 devices 
would most likely result in a 5-percent growth in the North American 
PFD market. The growth in the market would be composed of new types of 
PFDs. We assume the 5-percent growth in the market would also be a 
proxy for the growth in the number of approved devices (for a growth of 
38 device approvals). The initial approvals would represent a one-time 
(initial year) cost to small entities. Small entities would also 
experience an annual cost of additional production inspections based on 
the volume of Level 50 PFDs produced.
    We estimate a new Level 50 device approval would cost a small 
entity about $34,028. We do not know which small entities would seek 
Coast Guard approval for a Level 50 device or how many devices for 
which each small entity might seek approval. As a result, we treat each 
small entity as seeking approval for one Level 50 device costing 
$34,028. This would be a one-time (initial year) cost to small 
entities.
    Production and revenue are not distributed equally across the small 
entities that produce PFDs for the North American market. Instead, some 
small entities produce vastly more PFDs than others. In the RA, we 
estimate the market share of the 13 largest firms to be collectively 
about 95 percent, and we estimate the remaining 44 firms' market share 
collectively to be about 5 percent. We do not know the relative market 
share of the 44 firms, so we divide the 5 percent equally across the 44 
firms. Therefore, we treat each of the 44 firms as accounting for 
roughly about 0.11 percent of the PFD market.\21\ For the 30 small 
entities that would use the ANSI/CAN/UL 12402-5 standard, 22 of them 
are in the set of 44 firms composing 5 percent of the market, and we 
assume each has a market share of 0.11 percent. Based on conversations 
with PFD manufacturing executives, we estimate 5 of the 30 firms have a 
market share of 2.5 percent each, 1 has a market share of 7.5 percent, 
1 has a market share of 15 percent, and 1 has a market share of 25 
percent.\22\ We could not find revenue data for six small entities.
---------------------------------------------------------------------------

    \21\ We divided 5 percent (or 0.05) by 44 firms to obtain 0.11 
percent of the market for each one.
    \22\ For more details on how we calculated market share, see the 
initial regulatory analysis in the docket.
---------------------------------------------------------------------------

    In the RA, we estimate that the annual cost of production 
inspections across the whole industry would be $71,682. Because we do 
not know which small entities would seek Level 50 approval, we estimate 
the additional costs from production inspections from Level 50 device 
sales for each small entity by multiplying each small entity's market 
share by the total costs. For example, if we use a small entity that 
has a market share of 0.11 percent, then we would estimate the small 
entity's additional production inspection costs would be about $78.85 
($71,682 x 0.0011, rounded) annually.
Provision 3: Incorporation by Reference of ANSI/CAN/UL 9595
    Incorporating ANSI/CAN/UL 9595 by reference would establish 
production testing standards for the PFD manufacturing industry. ANSI/
CAN/UL 9595 would lead to reductions in testing frequency for PFD 
manufacturing entities with a QMS in place. We estimate that eight 
small entities would be affected by this provision, seven of which have 
known revenue.
    Small entities would experience one-time costs of an initial QMS 
inspection, and they would experience ongoing costs because a QMS 
inspection is more expensive than the facility inspection it would 
replace in years after the first year. We estimate that each small 
entity has two facilities with the largest small entity having three 
facilities, and QMS inspection costs would occur per facility. We 
estimated 7 of the firms in the top 13 are small entities, including 
the top firm. In the RA, we estimate that the total costs to U.S. firms 
for the ANSI/CAN/UL 9595 standard would be about $53,118 for 19 
facilities. Because we do not know where each small entity's facilities 
are located, to estimate each small entity's one-time costs, we 
multiply $53,118 by each small entity's share of the 19 facilities 
yielding $5,591.37 (2 / 19 x $53,118) for all but the largest small 
entity and $8,387.05 (3 / 19 x $53,118) for the largest small entity. 
We estimate annual costs would be about $375 per facility, which is the 
difference between eight hours of billed QMS inspector time and eight 
hours of a regular inspector's time. The largest small entity has three 
facilities, so would experience $1,125 ($375 x 3) in additional costs. 
All the other small entities have two facilities, and they would 
experience about $750 ($375 x 2) in annual costs. In table 37, we 
present the costs per small entity from the IBR of ANSI/CAN/UL 9595.

                             Table 37--Costs per Small Entity From ANSI/CAN/UL 9595
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Total one-time
                           Entity type                              facilities         costs       Annual costs
----------------------------------------------------------------------------------------------------------------
The largest.....................................................               3       $8,387.05          $1,125
All others......................................................               2        5,591.37             750
----------------------------------------------------------------------------------------------------------------

    The small entities that would achieve a higher process rating 
according to the ANSI/CAN/UL 9595 standard would also experience annual 
cost savings based on each small entity's market share and the rigor of 
the QMS system that would be in place. As mentioned previously, we 
estimate that only the top 13 firms would experience savings from ANSI/
CAN/UL 9595, and we estimate 7 of those firms are small entities.

[[Page 21040]]

    Cost savings would be different for each of the seven small 
entities. To estimate the cost savings per small entity, we need to 
estimate the number of reductions in inspections per small entity and 
then multiply by $2,346 ($1,876 of billed inspector time and $470 of 
weighted average quality manager loaded wages). To calculate the 
reductions in inspections for each small entity, we take the share of 
current inspections for each small entity and then estimate the number 
of inspections that would take place under Process Rating A or B. Next, 
we subtract the reduced inspection frequency per small entity from the 
current inspection frequency yielding a reduction in inspection 
frequency for current production. In the RA, we also estimate cost 
savings from reduced inspection frequency on Level 50 devices that 
entities do not yet produce. In the RA, we estimate that U.S. firms 
would experience 16 fewer inspections on Level 50 devices. We then 
multiply the 16 inspections by each small entity's share of reduction 
in current inspections.
    For example, assume that a small entity had a 10 percent market 
share, half of which would be at Process Rating A and half of which 
would be at Process Rating B. We first would take the total number of 
current inspections on U.S. firms (587) and multiply by the small 
entity's market share relative to the total affected U.S. market share, 
or 10 percent / 77.5 percent x 587, yielding 76 rounded. Then we would 
derive the reduced number of inspections at B and the reduced number of 
inspections at A by multiplying the reduced inspection frequency at B 
(194) by the share of the small entity's Process Rating at B relative 
to all other U.S. firms at B, or 5 percent / 51 percent, yielding 19 
rounded. To estimate the reduced inspection frequency at A, we take the 
number of facilities at A (one) and multiply by two, accounting for the 
number of inspections that would occur once the facility is at Process 
Rating A. Next, we add to it the multiplication of the number of 
commercial PFD production inspections at A (7) and the small entity's 
relative share of production at A, or 5 percent / 26.5 percent, 
yielding 3 rounded (2x1 + 7x5 percent / 26.5 percent). Taken together 
the small entity's reduced inspection frequency would be 22 (19 + 3) 
meaning the small entity would experience 54 fewer production 
inspections annually (76-22). To calculate the number of reduced Level 
50 inspections, we take the small entity's share of U.S. firm 
inspection reduction (54 / 376) and multiply by the 16 total reduction 
in inspections, yielding 2 rounded. We add the reduction in Level 50 
inspections (2) and the reduction in current inspections (54) together 
and multiply by the cost of each inspection ($2,346) yielding $131,376 
([2 + 54] x $2,346) or the small entity's annual cost savings from 
reduced inspection frequency. We perform this process for each of the 
eight small entities. We record these calculations in table 38; the 
results are rounded.

                                                                    Table 38--Cost Savings for a Representative Small Entity
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Current                                          Total
                       Total market share                          Market share    Market share     inspection      Inspection      Inspection      inspection     Reduced level    Total cost
                                                                       at B            at A          frequency    frequency at B  frequency at A     reduction    50 inspections      savings
A                                                                      B = A / 2       C = A / 2   D = 587 x A /   E = 194 x B /  F = (2 x 1 + 7       G = D-E-F   H = G / 376 x       (G + H) x
                                                                                                           77.5%             51%    x C / 26.5%)                              16          $2,346
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
10%.............................................................              5%              5%              76              19               3              54               2        $131,376
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Provision 4: Replacement of Information Pamphlets With Placards
    We did not predict any costs or cost savings from this provision, 
so we do not project any impact on small entities. We summarize the 
number of small entities affected, cost impacts, cost savings impacts, 
and transfers per provision in table 39.

               Table 39--Number of Affected Small Entities, Costs, and Cost Savings per Provision
----------------------------------------------------------------------------------------------------------------
                                      PFD manufacturing
             Provision               population affected              Costs                   Cost savings
----------------------------------------------------------------------------------------------------------------
ANSI/CAN/UL 12402-4...............  7 small entities of    One-time testing to Level   One-time testing to Level
                                     the 30; 6 small        100 would cost $4,280       100 would be $35,720
                                     entities with known    more than testing to        less than testing to
                                     revenues.              Legacy Type I standards     Type I standards for
                                                            for entities wishing to     entities wishing to sell
                                                            sell in only Canada or      in both the United
                                                            the United States.          States and Canada. Small
                                                                                        entities would also save
                                                                                        costs from cheaper
                                                                                        revisions with and
                                                                                        without testing, $4,746
                                                                                        and $1,172 respectively.
                                                                                        Together, small entities
                                                                                        would save $41,638.
                                                                                        Small entities would
                                                                                        also experience
                                                                                        $1,155.92 in annual cost
                                                                                        savings from reduced
                                                                                        facility inspections.
ANSI/CAN/UL 12402-5...............  30 small entities, 24  One-time (initial year)     No estimated cost savings
                                     small entities with    testing to Level 50         for these small
                                     known revenues.        standards would cost        entities.
                                                            about $34,028. Additional
                                                            ongoing costs from
                                                            inspections would be
                                                            between $78.85 and
                                                            $17,920.50 based on each
                                                            small entity's market
                                                            share (small entities
                                                            with larger market shares
                                                            would experience greater
                                                            costs).

[[Page 21041]]

 
ANSI/CAN/UL 9595..................  8 small entities, 7    One-time (initial year)     Small entities would save
                                     small entities with    cost from an additional     through reduced
                                     known revenues.        QMS inspection of about     inspection frequencies
                                                            $8,387.05 for the largest   based on each small
                                                            small entity based on       entity's market share
                                                            three facilities and        and each small entity's
                                                            $5,591.37 for all other     QMS in place. We
                                                            small entities with two     estimate these 8 small
                                                            facilities.                 entities would
                                                           Ongoing (annual) costs       experience between
                                                            would result from a QMS     $21,114 and $229,908 in
                                                            inspection and would be     savings based on their
                                                            more than a regular         market share and QMS
                                                            inspection. We estimate     ratings per year.
                                                            ongoing costs to be about
                                                            $375 per facility or
                                                            $1,125 for the largest
                                                            small entity with three
                                                            facilities and $750 for
                                                            each other small entity
                                                            with two facilities.
Information Pamphlets.............  30 small entities, 24  No estimated costs........  No estimated cost
                                     small entities with                                savings.
                                     known revenues.
----------------------------------------------------------------------------------------------------------------

    We provide a list of the range of costs, cost savings, and net cost 
savings per entity in table 40. We report the estimated overall net 
cost savings revenue impact per small entity of this proposed rule 
across all provisions from total costs in table 41.

                                      Table 40--Range of Impacts per Entity
----------------------------------------------------------------------------------------------------------------
                                                         One-time impacts                 Ongoing impacts
                                                 ---------------------------------------------------------------
                                                    Lowest per      Highest per     Lowest per      Highest per
                                                      entity          entity          entity          entity
----------------------------------------------------------------------------------------------------------------
Cost............................................      $34,028.00      $46,695.05          $78.85      $60,683.50
Cost Savings....................................  ..............       41,638.00  ..............      231,063.92
Net Cost Savings................................     (39,619.37)        3,330.00     (40,560.93)      170,380.42
----------------------------------------------------------------------------------------------------------------


  Table 41--Percentage of Estimated Revenue Impact on Small Entities From Overall Impact (Net Cost Savings) of
                                               This Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                     One-time net cost savings       Ongoing net cost savings
                                                 ---------------------------------------------------------------
                                                                    Portion of                      Portion of
                % Revenue impact                  Small entities  small entities  Small entities  small entities
                                                    with known      with known      with known      with known
                                                      revenue         revenue         revenue         revenue
----------------------------------------------------------------------------------------------------------------
<1%.............................................              17              71              20              83
1-3%............................................               2               8               2               8
>3%.............................................               5              21               2               8
----------------------------------------------------------------------------------------------------------------

4. A Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Proposed Rule, Including an Estimate of 
the Classes of Small Entities Which Will Be Subject to the Requirements 
and the Type of Professional Skills Necessary for Preparation of the 
Report or Record
    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
5. An Identification, to the Extent Practicable, of All Relevant 
Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this NPRM.
6. A Description of Any Significant Alternatives to the Rule Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize any Significant Economic Impact of the Proposed Rule on Small 
Entities
    The Coast Guard identified three alternatives:
    (1) Incorporate ANSI/CAN/UL 12402-5 for the approval of Level 70 
PFDs only, prohibiting the approval of Level 50 PFDs;
    (2) Require placards instead of permitting either placards or 
pamphlets; and
    (3) Adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by policy.
Alternative 1: Incorporate by Reference ANSI/CAN/UL 12402-5 for Level 
70 PFDs Only
    Under the first alternative, we could have chosen to incorporate 
ANSI/CAN/UL 12402-5, but limit approval to Level 70 PFDs only. Level 50 
PFDs would not be eligible for Coast Guard approval and would not meet 
carriage requirements on any vessel. If the Coast Guard chose this 
alternative, the market for Level 50 devices would not be viable 
because

[[Page 21042]]

Level 50 devices would no longer partially substitute for Level 70 or 
Type III devices. Small entities would be unable to sell these new 
devices and would not experience a positive revenue impact from this 
alternative.
    As a result, we rejected this alternative because it does not 
maximize small entities' revenue.
Alternative 2: Require Placards Instead of Permitting Either Placards 
or Pamphlets
    We considered the alternative of requiring that PFD manufacturers 
use placards instead of their choice of either placards or information 
pamphlets for the mandatory PFD instructional materials. While the cost 
of producing placards is generally less than the costs of producing 
information pamphlets, some manufacturers may not be ready to switch to 
producing placards. As such, if we required that manufacturers use 
placards, we could place undue burden on small entities in the PFD 
industry by requiring that they acquire new equipment to produce 
placards. We do not know how large these costs could be, but small 
entities would experience greater compliance costs. As a result, we 
ultimately rejected this alternative.
Alternative 3: Adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by 
Policy
    Another alternative that we considered would be to adopt ANSI/CAN/
UL 12402-4 and ANSI/CAN/UL 12402-5 by policy instead of incorporating 
them by reference in the regulations. Under 46 CFR 159.005-7(c), the 
Coast Guard has the authority to approve an item of equipment that does 
not meet all the requirements of 46 CFR 160.055 if it has equivalent 
performance characteristics. The Coast Guard has used this authority to 
partially adopt ANSI/CAN/UL 12402-4 and ANSI/CAN/UL 12402-5 by policy. 
However, because this authority is limited to the approval of equipment 
with equivalent performance characteristics, we cannot fully adopt 
these standards by policy. Namely, Level 50 PFDs, youth inflatable 
PFDs, and inflatable Level 100 PFDs cannot be approved by policy. As a 
result, small entities would not receive the additional revenue from 
the sale of Level 50 devices or the cost savings on Level 100 
inflatable device approvals as compared to Type I device approvals. For 
these reasons, we rejected this alternative.
7. Conclusion
    We are interested in the potential impacts from this rule on small 
businesses and we request public comment on these potential impacts. If 
you think that this rule will have a significant economic impact on 
you, your business, or your organization, please submit a comment to 
the docket at the address under the Public Participation and Request 
for Comments section of this preamble. In your comment, explain why, 
how, and to what degree you think this rule will have an economic 
impact on you.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed rule or any policy or action of the 
Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under Executive Order 
13132 and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132. Our analysis follows.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 
(design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels), as well as 
the reporting of casualties and any other category in which Congress 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. See the Supreme Court's decision in United States v. Locke and 
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). The statutory 
authorities upon which this rulemaking is based--46 U.S.C. 3306(a), 
4102(a), 4302(a), and 4502(a) and (c)(2)(B)--all generally preempt 
State and local law. Therefore, because the States may not regulate 
within these categories, this rule is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132.

F. Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 0336; 1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100 million (adjusted for 
inflation) or more in any one year. Although this proposed rule would 
not result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630 
(Governmental Actions and Interference with Constitutionally Protected 
Property Rights).

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, (Civil Justice Reform), to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks). This proposed rule is not an economically significant rule and 
would

[[Page 21043]]

not create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211 
(Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (such as 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This proposed rule uses the following voluntary consensus 
standards:
     ANSI/CAN/UL 9595, Standard for Buoyant Cushions, Fourth 
Edition, April 20, 2007 (including revisions through January 10, 2020).
     ANSI/CAN/UL 12402-4, Standard for Personal Flotation 
Devices--Part 4: Lifejackets, Performance Level 100--Safety 
Requirements, First Edition, July 9, 2020.
     ANSI/CAN/UL 12402-5, Standard for Personal Flotation 
Devices--Part 5: Buoyancy Aids (Level 50)--Safety Requirements, First 
Edition, December 31, 2015 (including revisions through January 27, 
2022).
     ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh 
Edition, October 1, 2008 (including revisions through November 23, 
2020).
     ANSI/UL 1175, Standard for Buoyant Cushions, Fourth 
Edition, April 20, 2007 (including revisions through January 10, 2020).
    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 46 CFR 
160.045-5, 160.055-5, 160.060-5, 160.064-5, 160.076-5, 160.255-5, 
160.264-5, and 160.276-5.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. This proposed rule would be categorically excluded under 
paragraph L52 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. Paragraph L52 pertains to regulations concerning vessel 
operation safety standards.
    This proposed rule involves approval requirements and follow-up 
program requirements for lifejackets. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

33 CFR Part 181

    Incorporation by reference, Labeling, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 108

    Fire prevention, Marine safety, Occupational safety and health, Oil 
and gas exploration, Vessels.

46 CFR Part 117

    Marine safety, Passenger vessels.

46 CFR Part 133

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 141

    Incorporation by reference, Marine safety, Occupational health and 
safety, Reporting and recordkeeping requirements, Towing vessels.

46 CFR Part 160

    Incorporation by reference, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Vessels.

46 CFR Part 180

    Marine safety, passenger vessels.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger 
vessels, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 181 and 46 CFR parts 25, 28, 108, 117, 133, 141, 
160, 169, 180, and 199 as follows:

Title 33--Navigation and Navigable Waters

PART 181--MANUFACTURER REQUIREMENTS

0
1. The authority citation for part 181 is revised to read as follows:

    Authority:  46 U.S.C. 4302; DHS Delegation 00170.1, Revision No. 
01.2, paragraph (II)(92)(a).

0
2. Revise the title of Subpart G to read as follows:

Subpart G--Instruction Pamphlet or Placard for Personal Flotation 
Devices


Sec.  181.4  [Removed and Reserved]

0
3. Remove and reserve Sec.  181.4.


Sec.  181.701  [Amended]

0
4. Amend Sec.  181.701 by adding the words ``Coast Guard approved'' 
after the word ``all''.
0
5. Revise Sec.  181.702 to read as follows:

[[Page 21044]]

Sec.  181.702  Information pamphlet or placard: requirement to furnish.

    (a) Each manufacturer of a Coast Guard approved personal flotation 
device (PFD) must furnish with each PFD that is sold or offered for 
sale for use on a recreational boat, an information pamphlet or placard 
accepted by the Commandant (CG-ENG-4) or meeting the requirements in 
the applicable subpart of 46 CFR part 160.
    (b) No person may sell or offer for sale for use on a recreational 
boat, a Coast Guard approved PFD unless an information pamphlet or 
placard required by this section is attached in such a way that it can 
be read prior to purchase.


Sec.  181.703  [Removed]

0
6. Remove Sec.  181.703.


Sec.  181.704  [Removed]

0
7. Remove Sec.  181.704.


Sec.  181.705  [Removed]

0
8. Remove Sec.  181.705.

Title 46--Shipping

PART 25--REQUIREMENTS

0
9. The authority citation for part 25 is revised to read as follows:

    Authority:  33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; 
DHS Delegation 00170.1, Revision No. 01.2, paragraphs (II)(77), 
(92)(a), 92(b).

0
10. Amend Sec.  25.25-5 by:
0
a. Removing in paragraph (b)(2), the text ``or 160.176'' and adding, in 
its place, the text ``160.176, or 160.255''; and
0
b. Revising the introductory text to paragraph (c)(2).
    The addition and revision read as follows:


Sec.  25.25-5  Life preservers and other lifesaving equipment required.

* * * * *
    (c) * * *
    (2) On each vessel, regardless of length and regardless of whether 
carrying passengers for hire, a commercial hybrid PFD approved under 
former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE], 
may be substituted for a PFD approved under approval series 160.055, 
160.155, 160.176, or 160.255 if it is in good and serviceable condition 
and--
* * * * *

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
11. The authority citation for part 28 is revised to read as follows:

    Authority:  46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603; 
DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(92)(a).

0
12. Revise Sec.  28.110(a) to read as follows:


Sec.  28.110  Life preservers or other personal flotation devices.

    (a) Except as provided by Sec.  28.305 of this chapter, each vessel 
must be equipped with at least one immersion suit, exposure suit, or 
wearable personal flotation device of the proper size for each 
individual on board as specified in Table 1 to Sec.  28.110(a) and part 
25, subpart 25.25 of this chapter. Notwithstanding the provisions of 
paragraphs (c) and (d) of Sec.  25.25-1 of this chapter, each 
commercial fishing industry vessel propelled by sail, and each manned 
barge employed in commercial fishing activities, must meet the 
requirements of this paragraph.

                    Table 1 to Sec.   28.110--Personal Flotation Devices and Immersion Suits
----------------------------------------------------------------------------------------------------------------
          Applicable waters                  Vessel type            Devices required        Other regulations
----------------------------------------------------------------------------------------------------------------
Seaward of the Boundary Line and       Documented Vessel......  Immersion suit or        28.135; 25.25-9(a);
 North of 32 [deg]N or South of 32                               exposure suit.           25.25-13; 25.25-15.
 [deg]S; and Lake Superior.
Coastal Waters on the West Coast of    All vessels............  Immersion suit or        28.135; 25.25-9(a);
 the United States north of Point                                exposure suit.           25.25-13; 25.25-15.
 Reyes, CA; Beyond Coastal Waters,
 cold water; and Lake Superior.
All other waters (Includes all Great   40 feet (12.2 meters)    Wearable PFD approved    28.135; 25.25-5(e);
 Lakes except Lake Superior).           or more in length.       under approval series    25.25-5(f); 25.25-
                                                                 160.055, 160.155, or     9(a); 25.25-13; 25.25-
                                                                 160.176, or 160.255      15.
                                                                 immersion suit, or
                                                                 exposure suit \1\.
                                       Less than 40 feet (12.2  Wearable PFD approved    28.135; 25.25-5(e);
                                        meters) in length.       under subchapter Q of    25.25-5(f); 25.25-
                                                                 this chapter immersion   9(a); 25.25-13; 25.25-
                                                                 suit, or exposure        15.
                                                                 suit\1\.
----------------------------------------------------------------------------------------------------------------
\1\ A commercial hybrid approved under former approval series 160.077 prior to [EFFECTIVE DATE OF FINAL RULE]
  may be substituted for a PFD approved under approval series 160.055, 160.155, 160.176, or 160.255 if it is in
  good and serviceable condition, used in accordance with the conditions marked on the PFD and in the owner's
  manual, and labeled for use on commercial vessels.

PART 108--DESIGN AND EQUIPMENT

0
13. The authority citation for part 108 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation 
00170.1, Revision No. 01-2, paragraph (II)(92)(a).


Sec.  108.580  [Amended]

0
14. Amend Sec.  108.580(b) introductory text by removing the text ``, 
160.176 or 160.177'' and replace it with the text ``or 160.176''.

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

0
15. The authority citation of part 117 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p.277; DHS Delegation 00170.1, Revision No. 01.2, 
paragraph (II)(92)(a).

0
16. Amend Sec.  117.71 by:
0
a. Revising the section heading and paragraph (c);
0
b. Removing paragraph (d); and
0
c. Redesignating paragraph (e) as paragraph (d).
    The revisions read as follows:

[[Page 21045]]

Sec.  117.71  Lifejackets.

* * * * *
    (c) Each lifejacket must be approved under approval series 
Sec. Sec.  160.002, 160.005, 160.055, 160.155, 160.176, or 160.255 in 
subchapter Q of this chapter, or other standard specified by the 
Commandant. An inflatable lifejacket approved under approval series 
160.255 must include a full back-up inflation chamber.
* * * * *
0
17. Amend Sec.  117.72 by revising the section heading and paragraphs 
(b) and (d) to read as follows:


Sec.  117.72  Personal flotation devices carried in addition to 
lifejackets.

* * * * *
    (b) Wearable PFDs approved in accordance with Sec. Sec.  160.064, 
160.076, 160.264, or 160.276 in subchapter Q of this chapter, or other 
standard specified by the Commandant, may be carried as additional 
equipment.
* * * * *
    (d) A commercial hybrid PFD approved under former approval series 
160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be carried as 
additional equipment for use by persons working near or over the water 
if it is in good and serviceable condition, used in accordance with the 
conditions marked on the PFD and in the owner's manual, of the same or 
similar design, and has the same method of operation as each other 
hybrid PFD carried on board.

PART 133--LIFESAVING SYSTEMS

0
18. The authority citation for part 133 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3307; DHS Delegation 00170.1, 
Revision No. 01.2, paragraph (II)(92)(a).


Sec.  133.70  [Amended]

0
19. Amend Sec.  133.70(b) introductory text by removing the text 
``160.177'' and adding, in its place, the text ``160.255''.

PART 141--LIFESAVING

0
20. The authority citation for part 141 is revised to read as follows:

    Authority:  46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 
33 CFR 1.05; DHS Delegation 00170.1, Revision No. 01.2, paragraph 
(II)(92)(a).


Sec.  141.340  [Amended]

0
21. Amend Sec.  141.340 by:
0
a. Removing in paragraph (a), the text ``or 160.176,'' and adding, in 
its place, the text ``160.176, or 160.255''; and
0
b. Adding new paragraph (i).
    The additions read as follows:


Sec.  141.340  Lifejackets.

* * * * *
    (i) Wearable PFDs approved in accordance with Sec. Sec.  160.064, 
160.076, 160.264, or 160.276 in subchapter Q of this chapter, or other 
standard specified by the Commandant, may be carried as additional 
equipment. Additional equipment is not acceptable in lieu of any 
portion of the required lifejackets.

PART 160--LIFESAVING EQUIPMENT

0
22. The authority citation for part 160 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45 
FR 58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1, 
Revision No. 01.2, paragraph (II)(92)(a).

Subpart 160.001 [Removed and Reserved]

0
23. Remove and reserve subpart 160.001, consisting of Sec. Sec.  
160.001-1 through 160.001-5.

Subpart 160.002 [Removed and Reserved]

0
24. Remove and reserve subpart 160.002, consisting of Sec. Sec.  
160.002-1 through 160.002-7.

Subpart 160.005 [Removed and Reserved]

0
25. Remove and reserve subpart 160.005, consisting of Sec. Sec.  
160.005-1 through 160.005-7.

Subpart 160.006 [Removed and Reserved]

0
26. Remove and reserve subpart 160.006, consisting of Sec.  160.006-2.
0
27. Add subpart 160.045, consisting of Sec. Sec.  160.045-1 through 
160.045-25, to read as follows:

Subpart 160.045 Recreational Throwable PFDs


Sec.  160.045-1  Scope.

    (a) This subpart contains structural and performance standards for 
approval of throwable PFDs for use on recreational vessels, as well as 
requirements for production follow-up inspections, associated manuals, 
information pamphlets or placards, and markings.
    (b) Throwable PFDs approved under this subpart may rely entirely on 
inherently buoyant material, or rely entirely or partially upon 
inflation to achieve the minimum buoyancy.
    (c) Throwable PFDs approved under this subpart are intended to meet 
the carriage requirements for uninspected commercial vessels under 40 
ft (12 m) not carrying passengers for hire and recreational boats, in 
accordance with 33 CFR part 175.


Sec.  160.045-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR subpart 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.045-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002; phone 847-272-8800; website: 
www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.045-15(e).
    (b) ANSI/UL 1123, Standard for Marine Buoyant Devices, Seventh 
Edition, October 1, 2008 (including revisions through November 23, 
2020) (``ANSI/UL 1123''); IBR approved for Sec. Sec.  160.045-7(e); 
160.045-13(d).
    (c) ANSI/UL 1175, Standard for Buoyant Cushions, Fourth Edition, 
April 20, 2007 (including revisions through January 10, 2020) (``ANSI/
UL 1175''); IBR approved for Sec. Sec.  160.045-7(e); 160.045-13(d).

[[Page 21046]]

Sec.  160.045-7  Design, construction, and performance of throwable 
PFDs.

    (a) General. Every throwable PFD must conform to the requirements 
as accepted by the Commandant for listing and labeling by a recognized 
laboratory, and must be of such design, materials, and construction as 
to meet the requirements specified in this section.
    (b) Designs and constructions. Throwable PFDs must not provide 
means for adjustment or close fitting to the body. Methods of 
construction must provide strengths, with reinforcements where 
necessary, to be adequate for the intended use and purpose of the 
device.
    (c) Materials. All materials used in any device covered by this 
subpart must meet the applicable requirements of subpart 164.019 of 
this chapter, must be all new materials, must be suitable for the 
purpose intended, and must be at least equivalent to corresponding 
materials specified for standard buoyant cushions. Hardware or 
fastenings must be of sufficient strength for the purpose of the device 
and must be of inherently corrosion-resistant material, such as 
stainless steel, brass, bronze, certain plastics, etc. Decorative 
platings of any thickness are permissible. Fabrics, coated fabrics, 
tapes, and webbing must be either mildew-resistant or treated for 
mildew resistance. Buoyancy provided by inherently buoyant material 
must not be dependent upon loose, granulated material.
    (d) Standard construction. A standard foam cushion that is designed 
to be thrown must be 2 inches or more in thickness and must have 225 or 
more square inches of top surface area.
    (e) Nonstandard construction. A nonstandard throwable PFD must meet 
the requirements in ANSI/UL 1123 or ANSI/UL 1175 (both incorporated by 
reference, see Sec.  160.045-5) and any additional requirements that 
the Commandant may prescribe to approve unique or novel designs.
    (f) Buoyancy. (1) Ring life buoys must have 16\1/2\ pounds or more 
of buoyancy.
    (2) Foam cushions must have 18 pounds or more of buoyancy.
    (3) A device other than those standard devices specified in 
paragraph (f)(1) or (2) of this section must have 20 pounds or more of 
buoyancy.
    (g) Workmanship. Throwable PFDs must be of first quality 
workmanship and must be free from any defects materially affecting 
their appearance or serviceability.


Sec.  160.045-9  Approval procedures for throwable PFDs.

    (a) Each application for approval of a throwable PFD must be 
submitted directly to a Coast Guard recognized laboratory.
    (b) The recognized laboratory must determine if a throwable PFD 
with novel design features requires a preliminary review by the Coast 
Guard prior to testing. Submissions requiring preliminary review must 
be sent to [email protected], and must include a full description 
and drawings. Pictures, samples, and preliminary test results may also 
be submitted.


Sec.  160.045-11  Recognized laboratory.

    (a) The approval inspections and tests required by Sec.  160.045-
13, and production inspections, tests, and quality control required by 
Sec.  160.045-15, must be conducted by an independent laboratory 
recognized by the Coast Guard under 46 CFR subpart 159.010 to perform 
such functions. A list of recognized independent laboratories is 
available from the Commandant and online at https://cgmix.uscg.mil.
    (b) The same laboratory that performs the approval tests must also 
perform production oversight unless the employees of the laboratory 
performing production oversight receive training and support equal to 
that of the laboratory that performed the approval testing, as 
determined by the Commandant.


Sec.  160.045-13  Approval inspections and tests.

    (a) Each throwable PFD must be certified by a recognized laboratory 
as meeting the requirements of this subpart. Approval tests must be 
conducted or supervised by a recognized laboratory using PFDs 
constructed in accordance with the plans and specifications submitted 
with the application for approval.
    (b) Each throwable PFD design must be visually examined for 
compliance with the construction and performance requirements of this 
subpart.
    (c) Standard PFDs must be submerged in fresh water for 24 or more 
continuous hours. The measured buoyancy after the 24 hours of 
submersion must be the buoyancy specified in Sec.  160.045-7(f).
    (d) Non-standard throwable PFDs must be subjected to approval tests 
specified in ANSI/UL 1123 or ANSI/UL 1175 (both incorporated by 
reference, see Sec.  160.045-5) or another test program accepted by the 
Commandant. Approval tests must be conducted or supervised by a 
recognized laboratory using throwable PFDs constructed in accordance 
with the plans and specifications submitted with the application for 
approval.
    (e) The Commandant may prescribe additional tests for approval of 
novel or unique designs.


Sec.  160.045-15  Production inspections, tests, and quality control of 
throwable PFDs.

    (a) Manufacturer's inspection and tests. Manufacturers of approved 
throwable PFDs must maintain quality control of the materials used, 
manufacturing methods and the finished product to meet the applicable 
requirements, and make sufficient inspections and tests of 
representative samples and components produced to maintain the quality 
of the finished product. Records of tests conducted by the manufacturer 
and records of materials, including affidavits by suppliers that 
applicable requirements are met, must be made available to the 
recognized laboratory inspector or to the Coast Guard marine inspector, 
or both, for review upon request.
    (b) Laboratory inspections and tests. The laboratory inspector will 
conduct examinations, inspections, and tests for listed and labeled 
devices, as required by the recognized laboratory, at the place of 
manufacture or other location at the option of the laboratory.
    (c) Test facilities. The laboratory inspector, or the Coast Guard 
marine inspector assigned by the Commander of the District in which the 
factory is located, or both, must be admitted to any place in the 
factory where work is being done on listed and labeled products. Either 
or both inspectors may take samples of parts or materials entering 
construction or final assemblies, for further examinations, 
inspections, or tests. The manufacturer must provide a suitable place 
and the apparatus necessary for the performance of the tests done at 
the place of manufacture.
    (d) Additional tests, etc. Unannounced examinations, tests, and 
inspections of samples obtained either directly from the manufacturer 
or through commercial channels may be made to determine the suitability 
of a product for listing and labeling, or to determine conformance of a 
labeled product to the applicable requirements. These may be conducted 
by the recognized laboratory or by the United States Coast Guard.
    (e) Follow-up program. A follow-up program in accordance with ANSI/
CAN/UL 9595 (incorporated by reference, see Sec.  160.045-5) meets the 
requirements of this section.


Sec.  160.045-17  Marking and Labeling.

    (a) Each throwable PFD must be marked in accordance with the

[[Page 21047]]

recognized laboratory's listing and labeling requirements in accordance 
with Sec.  160.045-3(a). At a minimum, all labels must include--
    (1) Size information, as appropriate;
    (2) The Coast Guard approval number;
    (3) Manufacturer's contact information;
    (4) Model name/number;
    (5) Lot number, manufacturer date; and
    (6) Any limitations or restrictions on approval or special 
instructions for use.
    (b) Marking must be of a type that will be durable and legible for 
the expected life of the device.
    (c) The Commandant may prescribe additional marking requirements 
for special purpose devices or unique or novel designs.


Sec.  160.045-21  PFD manuals.

    (a) An owner's manual must be provided with each fully or partially 
inflatable throwable PFD sold or offered for sale. The text of each 
manual is reviewed with the application for approval.
    (b) The Commandant may prescribe additional information in the 
manual for special purpose devices or unique or novel designs.
    (c) Additional information, instructions, or illustrations may be 
included in the owner's manual if there is no contradiction to the 
required information.


Sec.  160.045-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to the recognized laboratory for approval 
before changing throwable PFD production methods.
    (b) Determinations of equivalence of design, construction, and 
materials may be made only by the Commandant or a designated 
representative.


Sec.  160.045-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval of a throwable PFD if the manufacturer fails to 
comply with this subpart or the recognized laboratory's accepted 
procedures or requirements.

Subpart 160.047 [Removed and Reserved]

0
28. Remove and reserve subpart 160.047, consisting of Sec. Sec.  
160.047-1 through 160.047-7.

Subpart 160.048 [Removed and Reserved]

0
29. Remove and reserve subpart 160.048, consisting of Sec. Sec.  
160.048-1 through 160.048-8.

Subpart 160.052 [Removed and Reserved]

0
30. Remove and reserve subpart 160.052, consisting of Sec. Sec.  
160.052-1 through 160.052-9.

Subpart 160.055--Life Preservers, Unicellular Plastic Foam, Adult 
and Child, for Merchant Vessels

0
31. Revise Sec.  160.055-1 to read as follows:


Sec.  160.055-1  Scope.

    (a) This subpart contains requirements for production follow-up 
inspections for life preservers approved under this subpart prior to 
[EFFECTIVE DATE OF FINAL RULE].
    (b) Life preservers approved under this subpart rely upon 
inherently buoyant material to achieve the minimum buoyancy.
    (c) Life preservers approved under this subpart are intended to 
meet the carriage requirements for wearable PFDs for uninspected 
passenger vessels, uninspected commercial vessels over 40 ft (12m), and 
for inspected vessels.
    (d) Each life preserver specified in this subpart is a:
    (1) Standard, bib type, vinyl dip coated:
    (i) Model 62, adult (for persons weighing over 90 pounds); or
    (ii) Model 66, child (for persons weighing less than 90 pounds); or
    (2) Standard, bib type, cloth covered;
    (i) Model 63, adult (for persons weighing over 90 pounds); or
    (ii) Model 67, child (for persons weighing less than 90 pounds); or
    (3) Nonstandard, shaped type:
    (i) Model,\1\ adult (for persons weighing over 90 pounds); or
    (ii) Model,\1\ child (for persons weighing less than 90 pounds).

    \1\ A model designation for each nonstandard life preserver is 
to be assigned by the manufacturer. That designation must be 
different from any standard lifesaving device designation.


Sec.  160.055-2  [Removed and Reserved]

0
32. Remove and reserve Sec.  160.055-2.
0
33. Revise Sec.  160.055-3 to read as follows:


Sec.  160.055-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.255-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.055-4  [Removed and Reserved]

0
34. Remove and reserve Sec.  160.055-4.
0
35. Revise Sec.  160.055-5 to read as follows:


Sec.  160.055-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002 phone (847) 272-8800; 
website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.055-15(a).
    (b) [Reserved]


Sec.  160.055-6  [Removed and Reserved]

0
36. Remove and reserve Sec.  160.055-6.


Sec.  160.055-7  [Removed and Reserved]

0
37. Remove and reserve Sec.  160.055-7.


Sec.  160.055-8  [Removed and Reserved]

0
38. Remove and reserve Sec.  160.055-8.


Sec.  160.055-9  [Removed and Reserved]

0
39. Remove and reserve Sec.  160.055-9.

[[Page 21048]]

0
40. Add Sec.  160.055-11 to read as follows:


Sec.  160.055-11  Independent laboratory.

    The production inspections, tests, and quality control required by 
this subpart must be conducted by an independent laboratory accepted by 
the Coast Guard under 46 CFR subpart 159.010 to perform such functions. 
A list of accepted independent laboratories is available from the 
Commandant and online at https://cgmix.uscg.mil.
0
41. Add Sec.  160.055-15 to read as follows:


Sec.  160.055-15  Production inspections, tests, and quality control of 
life preservers.

    (a) General. Production tests and inspections must be conducted in 
accordance with this section, subpart 159.007 of this chapter, and the 
independent laboratory's procedures for production inspections and 
tests as accepted by the Commandant. The Commandant may prescribe 
additional production tests and inspections necessary to maintain 
quality control and to monitor compliance with the requirements of this 
subchapter. A follow-up program in accordance with ANSI/CAN/UL 9595 
(incorporated by reference, see Sec.  160.055-5), meets the 
requirements of this subpart.
    (b) Oversight. In addition to responsibilities set out in part 159 
of this chapter and the accepted laboratory procedures for production 
inspections and tests, each manufacturer of a life preserver and each 
laboratory inspector must comply with the following, as applicable:
    (1) Manufacturer. Each manufacturer must--
    (i) perform all tests and examinations necessary to show compliance 
with this subpart on each lot before any inspector's tests and 
inspection of the lot;
    (ii) follow established procedures for maintaining quality control 
of the materials used, manufacturing operations, and the finished 
product; and
    (iii) allow an inspector to take samples of completed units or of 
component materials for tests required by this subpart and for tests 
relating to the safety of the design.
    (2) Laboratory. An inspector from the accepted laboratory must 
oversee production in accordance with the laboratory's procedures for 
production inspections and tests accepted by the Commandant. During 
production oversight, the inspector must not perform or supervise any 
production test or inspection unless--
    (i) the manufacturer has a valid approval certificate; and
    (ii) the inspector has first observed the manufacturer's production 
methods and any revisions to those methods.
    (3) At least quarterly, the inspector must check the manufacturer's 
compliance with the company's quality control procedures, examine the 
manufacturer's required records, and observe the manufacturer perform 
each of the required production tests.
    (c) Test facilities. The manufacturer must provide a suitable place 
and apparatus for conducting the tests and inspections necessary to 
determine compliance of life preservers with this subpart. The 
manufacturer must provide means to secure any test that is not 
continuously observed, such as the 48-hour buoyancy test. The 
manufacturer must have the calibration of all test equipment checked in 
accordance with the test equipment manufacturer's recommendation and 
interval but not less than at least once every year.
    (d) Lots. A lot must not consist of more than 1000 life preservers. 
A lot number must be assigned to each group of life preservers 
produced. Lots must be numbered serially. A new lot must be started 
whenever any change in materials or a revision to a production method 
is made, and whenever any substantial discontinuity in the production 
process occurs. The lot number assigned, along with the approval 
number, must enable the PFD manufacturer to determine the supplier's 
identifying information for the component lot.
    (e) Samples. (1) From each lot of life preservers, manufacturers 
must randomly select a number of samples from completed units at least 
equal to the applicable number required by table 1 to Sec.  160.055-
15(e)(1) for buoyancy testing. Additional samples must be selected for 
any tests, examinations, and inspections required by the laboratory's 
production inspections and tests procedures.

     Table 1 to Sec.   160.055-15(e)(1)--Sampling for Buoyancy Tests
------------------------------------------------------------------------
                                                              Number  of
                                                                 life
                          Lot size                            preservers
                                                              in sample
------------------------------------------------------------------------
100 and under..............................................            1
101 to 200.................................................            2
201 to 300.................................................            3
301 to 500.................................................            4
501 to 750.................................................            6
751 to 1,000...............................................            8
------------------------------------------------------------------------

    (2) For a lot succeeding one from which any sample life preserver 
failed the buoyancy test, the sample must consist of not less than ten 
specimen life preservers to be tested for buoyancy in accordance with 
paragraph (f) of this section.
    (f) Buoyancy test. The buoyancy of the life preservers must be 
determined by measuring the upward force exerted by the individual 
submerged unit. The buoyancy measurement must be made at the end of the 
48 hours of submersion, during which period the pad inserts must not be 
disturbed.
    (g) Buoyancy required. The buoyant pad inserts from Model 3 adult 
life preservers must provide not less than 25 pounds buoyancy in fresh 
water, and the pads from Model 5 child life preservers must provide not 
less than 16.5 pounds buoyancy.
    (h) Lot inspection. On each lot, the laboratory inspector must 
perform a final lot inspection to be satisfied that the life preservers 
meet this subpart. Each lot must demonstrate--
    (1) first quality workmanship;
    (2) that the general arrangement and attachment of all components, 
such as body straps, closures, tie tapes, and drawstrings, are as 
specified in the approved plans and specifications;
    (3) compliance with the marking requirements; and
    (4) the information pamphlet or placard specified in 33 CFR part 
181 subpart G, if required, is securely attached to the device, with 
the PFD selection information visible and accessible prior to purchase.
    (i) Lot acceptance. When the independent laboratory has determined 
that the life preservers in the lot are of a type officially approved 
in the name of the company, and that such life preservers meet the 
requirements of this subpart, they must be plainly marked in waterproof 
ink with the independent laboratory's name or identifying mark.
    (j) Lot rejection. Each nonconforming unit must be rejected. If 
three or more nonconforming units are rejected for the same kind of 
defect, lot inspection must be discontinued and the lot rejected. The 
inspector must discontinue lot inspection and reject the lot if 
examination of individual units or the records for the lot shows 
noncompliance with either this subchapter or the laboratory's or the 
manufacturer's quality control procedures. A rejected unit or lot may 
be resubmitted for testing and inspection if the manufacturer first 
removes and destroys each defective unit or, if authorized by the 
laboratory, reworks the unit or lot to correct the defect. A rejected 
lot or rejected unit must not be sold or offered for sale under the 
representation that it meets this subpart or that it is Coast Guard 
approved.

[[Page 21049]]

0
42. Add Sec.  160.055-19 to read as follows:


Sec.  160.055-19  Pamphlet or placard.

    Each life preserver sold or offered for sale for use on 
recreational boats must be provided with a pamphlet or placard that a 
prospective purchaser can read prior to purchase, as specified in 33 
CFR part 181 subpart G.
0
43. Add Sec.  160.055-23 to read as follows:


Sec.  160.055-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to [email protected] for approval before 
changing life preserver production methods.
    (b) Only the Commandant or a designated representative may make 
determinations of equivalence of design, construction, and materials.
0
44. Add Sec.  160.055-25 to read as follows:


Sec.  160.055-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval if the manufacturer fails to comply with this 
subpart or the recognized laboratory's accepted procedures or 
requirements.

Subpart 160.060--Specification for a Buoyant Vest, Unicellular 
Polyethylene Foam, Adult and Child

0
45. Revise Sec.  160.060-1 to read as follows:


Sec.  160.060-1  Scope.

    (a) This subpart contains requirements for production follow-up 
inspections for buoyant vests approved under this subpart prior to 
[EFFECTIVE DATE OF FINAL RULE].
    (b) Buoyant vests approved under this subpart rely upon inherently 
buoyant material to achieve the minimum buoyancy.
    (c) Buoyant vests approved under this subpart are intended to meet 
the carriage requirements for wearable PFDs for uninspected passenger 
vessels, uninspected commercial vessels over 40 ft (12m), and for 
inspected vessels.
    (d) Each buoyant vest specified in this subpart is a standard 
model:
    (1) Standard:
    (i) Model AY, adult (for persons weighing over 90 pounds); or
    (ii) Model CYM, child, medium (for children weighing from 50 to 90 
pounds); or
    (iii) Model CYS, child, small (for children weighing less than 50 
pounds).
    (2) Nonstandard:
    (i) Model,\1\ adult (for persons weighing over 90 pounds); or
    (ii) Model,\1\ child, medium (for persons weighing from 50 to 90 
pounds); or
    (iii) Model,\1\ child, small (for persons weighing less than 50 
pounds).

    \1\A model designation for a nonstandard vest is to be assigned 
by the individual manufactured and must be different from any 
standard vest.


Sec.  160.060-2  [Removed and Reserved]

0
46. Remove and reserve Sec.  160.060-2.
0
47. Revise Sec.  160.060-3 to read as follows:


Sec.  160.060-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.255-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR subpart 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.060-3a  [Removed and Reserved]

0
48. Remove and reserve Sec.  160.060-3a.


Sec.  160.060-4  [Removed and Reserved]

0
49. Remove and reserve Sec.  160.060-4.
0
50. Revise Sec.  160.060-5 to read as follows:


Sec.  160.060-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002; phone (847) 272-8800; 
website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.060-15(h).
    (b) [Reserved]


Sec.  160.060-6  [Removed and Reserved]

0
51. Remove and reserve Sec.  160.060-6.


Sec.  160.060-7  [Removed and Reserved]

0
52. Remove and reserve Sec.  160.060-7.


Sec.  160.060-8  [Removed and Reserved]

0
53. Remove and reserve Sec.  160.060-8.


Sec.  160.060-9  [Removed and Reserved]

0
54. Remove and reserve Sec.  160.060-9.
0
55. Add Sec.  160.060-11 to read as follows:


Sec.  160.060-11  Independent laboratory.

    (a) The production inspections, tests, and quality control required 
by this subpart must be conducted by an independent laboratory 
recognized by the Coast Guard under 46 CFR 159.010 to perform such 
functions. A list of recognized independent laboratories is available 
from the Commandant and online at https://cgmix.uscg.mil.
    (b) The same laboratory that performs the approval tests must also 
perform production oversight unless the employees of the laboratory 
performing production oversight receive training and support equal to 
that of the laboratory that performed the approval testing, as 
determined by the Commandant.
0
56. Add Sec.  160.060-15 to read as follows:


Sec.  160.060-15  Production inspections, tests, and quality control.

    (a) General. Manufacturers of listed and labeled buoyant vests 
must--
    (1) Maintain quality control of the materials used, the 
manufacturing methods, and the finished product to meet the applicable 
requirements of this subpart by conducting sufficient inspections and 
tests of representative samples and components produced;
    (2) Make available to the recognized laboratory inspector or the 
Coast Guard inspector, upon request, records of tests conducted by the 
manufacturer and records of materials used during production of the 
device, including affidavits by suppliers; and
    (3) Permit any examination, inspection, or test required by the

[[Page 21050]]

recognized laboratory or the Coast Guard for a produced listed and 
labeled device, either at the place of manufacture or some other 
location.
    (b) Lot size and sampling.
    (1) A lot must consist of 500 buoyant vests or fewer;
    (2) A new lot begins after any change or modification in materials 
used or manufacturing methods employed;
    (3) The manufacturer of the buoyant vests must notify the 
recognized laboratory when a lot is ready for inspection;
    (4) The manufacturer must select samples in accordance with the 
requirements in Table 1 to Sec.  160.060-15(b)(4) from each lot of 
buoyant vests to be tested for buoyancy in accordance with paragraph 
(e) of this section; and

      Table 1 to Sec.   160.060-15(b)(4)--Sample for Buoyancy Tests
------------------------------------------------------------------------
                                                              Number of
                          Lot size                             vests in
                                                                sample
------------------------------------------------------------------------
100 and under..............................................            1
101 to 200.................................................            2
201 to 300.................................................            3
301 to 500.................................................            4
------------------------------------------------------------------------

    (5) If a sample vest fails the buoyancy test, the sample from the 
next succeeding lot must consist of 10 specimen vests or more to be 
tested for buoyancy in accordance with paragraph (e) of this section.
    (c) Additional compliance tests. An inspector may conduct an 
examination, test, and inspection of a buoyant device obtained from the 
manufacturer or through commercial channels to determine the 
suitability of the device for listing and labeling, or to determine its 
conformance to applicable requirements.
    (d) Test facilities. The manufacturer must admit the inspector to 
any part of the premises at the place of manufacture of a listed and 
labeled device to--
    (1) Examine, inspect, or test a sample of a part or a material that 
is included in the construction of the device; and
    (2) Conduct any examination, inspection, or test in a suitable 
place and with appropriate apparatus provided by the manufacturer.
    (e) Buoyancy.
    (1) Buoyancy test method. Remove the buoyant inserts from the 
vests. Securely attach the spring scale in a position directly over the 
test tank. Suspend the weighted wire basket from the scale in such a 
manner that the basket can be weighed while it is completely under 
water. In order to measure the actual buoyancy provided by the inserts, 
the underwater weight of the empty basket must exceed the buoyancy of 
the inserts. To obtain the buoyancy of the inserts, proceed as follows:
    (i) Weigh the empty wire basket under water.
    (ii) Place the inserts inside the basket and submerge it so that 
the top of the basket is at least 2 inches below the surface of the 
water. Allow the inserts to remain submerged for 24 hours. The tank 
must be locked or sealed during this 24-hour submergence period. It is 
important that after the inserts have once been submerged they remain 
submerged for the duration of the test, and at no time during the 
course of the test removed from the tank or otherwise exposed to air.
    (iii) After the 24-hour submergence period, unlock or unseal the 
tank and weigh the wire basket with the inserts inside while both are 
still under water.
    (iv) The buoyancy is computed as paragraph (e)(1)(i) of this 
section minus paragraph (e)(1)(iii) of this section.
    (2) Buoyancy required. The buoyant inserts from adult size buoyant 
vests must provide not less than 151 2044;2 pounds of buoyancy in fresh 
water; the inserts from the child medium size buoyant vests must 
provide not less than 11 pounds buoyancy; and the inserts from the 
child small size buoyant vests must provide not less than 7 pounds 
buoyancy.
    (f) Body strap test. The complete body strap assembly, including 
hardware must be tested for strength by attaching the D-ring to a 
suitable support such that the assembly hangs vertically its full 
length. A weight of 150 pounds for an adult size and 115 pounds for a 
child size must be attached to the other end on the snap hook for 10 
minutes. The specified weight must not break or excessively distort the 
body strap assembly.
    (g) Additional approval tests for nonstandard vests. Tests in 
addition to those required by this section may be conducted by the 
inspector for a nonstandard vest to determine performance equivalence 
to a standard vest. Such additional tests may include determining 
performance in water, suitability of materials, donning time, ease of 
adjustment, and similar equivalency tests. Costs for any additional 
tests must be assumed by the manufacturer.
    (h) Follow-up program. A follow-up program in accordance with ANSI/
CAN/UL 9595 (incorporated by reference, see Sec.  160.060-5) meets the 
requirements of this section.
0
57. Add Sec.  160.060-19 to read as follows:


Sec.  160.060-19  Pamphlet or placard.

    Each buoyant vest sold or offered for sale for use on recreational 
boats must be provided with a pamphlet or placard that a prospective 
purchaser can read prior to purchase, as specified in 33 CFR part 181 
subpart G.
0
58. Add Sec.  160.060-23 to read as follows:


Sec.  160.060-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to [email protected] for approval before 
changing PFD production methods.
    (b) Only the Commandant or a designated representative may make 
determinations of equivalence of design, construction, and materials.
0
59. Add Sec.  160.060-25 to read as follows:


Sec.  160.060-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval if the manufacturer fails to comply with this 
subpart or the recognized laboratory's accepted procedures or 
requirements.

Subpart 160.064--Marine Buoyant Devices

0
60. Revise Sec.  160.064-1 to read as follows:


Sec.  160.064-1  Scope.

    (a) This subpart contains requirements for production follow-up 
inspections for wearable PFDs and throwable PFDs approved under this 
subpart prior to [EFFECTIVE DATE OF FINAL RULE].
    (b) PFDs approved under this subpart are intended to meet the 
carriage requirements for PFDs for uninspected commercial vessels under 
40 ft (12m) not carrying passengers for hire and recreational boats, in 
accordance with 33 CFR 175 and 46 CFR 25.25.
    (c) PFDs covered by this subpart are of two general types: those 
intended to be worn on the body and those intended to be thrown.


Sec.  160.064-2  [Removed and Reserved]

0
61. Remove and reserve Sec.  160.064-2.
0
62. Revise Sec.  160.064-3 to read as follows:


Sec.  160.064-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety

[[Page 21051]]

Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. 
Avenue SE, Washington, DC 20593-7509; email [email protected].
    First class workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.264-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR subpart 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.064-4  [Removed and Reserved]

0
63. Remove and reserve Sec.  160.064-4.
0
64. Add Sec.  160.064-5 to read as follows:


Sec.  160.064-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002; phone (847) 272-8800; 
website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.064-15(e).
    (b) [Reserved]


Sec.  160.064-6  [Removed and Reserved]

0
65. Remove and reserve Sec.  160.064-6.


Sec.  160.064-7  [Removed and Reserved]

0
66. Remove and reserve Sec.  160.064-7.
0
67. Add Sec.  160.064-11 to read as follows:


Sec.  160.064-11  Recognized laboratory.

    (a) The production inspections, tests, and quality control required 
by this subpart must be conducted by an independent laboratory 
recognized by the Coast Guard under 46 CFR subpart 159.010 to perform 
such functions. A list of recognized independent laboratories is 
available from the Commandant and online at https://cgmix.uscg.mil.
    (b) The same laboratory that performs the approval tests must also 
perform production oversight unless the employees of the laboratory 
performing production oversight receive training and support equal to 
that of the laboratory that performed the approval testing, as 
determined by the Commandant.
0
68. Add Sec.  160.064-15 to read as follows:


Sec.  160.064-15  Production inspections, tests, and quality control of 
PFDs.

    (a) Manufacturer's inspection and tests. Manufacturers of approved 
PFDs must maintain quality control of the materials used, manufacturing 
methods, and the finished product to meet the applicable requirements, 
and make sufficient inspections and tests of representative samples and 
components produced to maintain the quality of the finished product. 
Records of tests conducted by the manufacturer and records of 
materials, including affidavits by suppliers that applicable 
requirements are met, must be made available to the recognized 
laboratory inspector or to the Coast Guard marine inspector, or both, 
for review upon request.
    (b) Laboratory inspections and tests. The laboratory inspector will 
conduct examinations, inspections, and tests for listed and labeled 
devices, as required by the recognized laboratory, at the place of 
manufacture or other location at the option of the laboratory.
    (c) Test facilities. The laboratory inspector, or the Coast Guard 
marine inspector assigned by the Commander of the District in which the 
factory is located, or both, must be admitted to any place in the 
factory where work is being done on listed and labeled products. Either 
or both inspectors may take samples of parts or materials entering 
construction or final assemblies, for further examinations, 
inspections, or tests. The manufacturer must provide a suitable place 
and the apparatus necessary for the performance of the tests done at 
the place of manufacture.
    (d) Additional tests, etc. Unannounced examinations, tests, and 
inspections of samples obtained either directly from the manufacturer 
or through commercial channels may be made to determine the suitability 
of a product for listing and labeling, or to determine conformance of a 
labeled product to the applicable requirements. These may be conducted 
by the recognized laboratory or the United States Coast Guard.
    (e) Follow-up program. A follow-up program in accordance with ANSI/
CAN/UL 9595 (incorporated by reference, see Sec.  160.064-5) meets the 
requirements of this section.
0
69. Add Sec.  160.064-23 to read as follows:


Sec.  160.064-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to the recognized laboratory for approval 
before changing PFD production methods.
    (b) Determinations of equivalence of design, construction, and 
materials must be made only by the Commandant or a designated 
representative.
0
70. Add Sec.  160.064-25 to read as follows:


Sec.  160.064-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval of a PFD design if the manufacturer fails to 
comply with this subpart or the recognized laboratory's accepted 
procedures or requirements.

Subpart 160.076--Inflatable Recreational Personal Flotation Devices

0
71. Revise Sec.  160.076-1 to read as follows:


Sec.  160.076-1  Scope.

    (a) This subpart contains requirements for production follow-up 
inspections for inflatable recreational personal flotation devices 
(PFDs) approved prior to [EFFECTIVE DATE OF FINAL RULE].
    (b) Inflatable PFDs approved under this subpart rely partially or 
entirely upon inflation for buoyancy.
0
72. Revise Sec.  160.076-5 to read as follows:


Sec.  160.076-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin

[[Page 21052]]

Luther King Jr. Avenue SE, Washington, DC 20593-7509. For information 
on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002; phone (847) 272-8800 
website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.076-29(a).
    (b) [Reserved].


Sec.  160.076-11  [Removed and Reserved]

0
73. Remove and reserve Sec.  160.076-11.


Sec.  160.076-13  [Removed and Reserved]

0
74. Remove and reserve Sec.  160.076-13.


Sec.  160.076-21  [Removed and Reserved]

0
75. Remove and reserve Sec.  160.076-21.


Sec.  160.076-23  [Removed and Reserved]

0
76. Remove and reserve Sec.  160.076-23.


Sec.  160.076-25  [Removed and Reserved]

0
77. Remove and reserve Sec.  160.076-25.
0
78. Amend Sec.  160.076-29 by:
0
a. Revising the first sentence of paragraph (a);
0
b. Removing in paragraph (c)(1)(i), the text ``Except as provided in 
paragraph (e)(2) of this section, perform'' and adding, in its place, 
the text ``Perform'';
0
c. Removing paragraphs (c)(5), (6), (e)(3) through (5), (f), and (g); 
and
0
d. Redesignating paragraph (h) as paragraph (f).
    The revisions read as follows:


Sec.  160.076-29  Production oversight.

    (a) Production tests and inspections must be conducted in 
accordance with ANSI/CAN/UL 9595 (incorporated by reference, see Sec.  
160.076-5) or an alternative follow-up procedure accepted by the 
Commandant. * * *
* * * * *


Sec.  160.76-31  [Amended]

0
79. Amend Sec.  160.076-31 by:
0
a. Removing in paragraph (a), the text ``Sec.  160.076-29(e)'' and 
adding, in its place, the words ``the sampling plan accepted by the 
Commandant'';
0
b. Removing in paragraph (b)(1), the text ``in paragraphs (c)(2) 
through (c)(8) of this section'' and adding, in its place, the words 
``specified in the follow-up program accepted by the Commandant'';
0
c. Removing in paragraph (b)(2), the text ``in paragraphs (c)(4) 
through (c)(8) of this section'' and adding, in its place, the words 
``specified in the follow-up program accepted by the Commandant'';
0
d. Removing paragraph (c);
0
e. Redesignating paragraphs (d) and (e) as (c) and (d); and
0
f. Removing the second sentence of redesignated paragraph (c)(1).


Sec.  160.76-33  [Amended]

0
80. Amend Sec.  160.076-33 by removing and reserving paragraph (b)(6).
0
81. Revise Sec.  160.076-35 to read as follows:


Sec.  160.076-35  Information pamphlet or placard.

    A pamphlet or placard accepted by the Commandant must be attached 
to each inflatable PFD sold or offered for sale in such a way that a 
prospective purchaser can read the pamphlet prior to purchase. The 
pamphlet or placard text and layout must be submitted to the Commandant 
for approval. The text must be printed in each pamphlet or placard 
exactly as approved by the Commandant. Additional information, 
instructions, or illustrations must not be included within the approved 
text and layout. Sample pamphlet text and layout may be obtained by 
contacting the Commandant. This pamphlet or placard may be combined 
with the manual required by Sec.  160.076-37 if PFD selection and 
warning information is provided on the PFD packaging in such a way that 
it remains visible until purchase.
0
82. Revise Sec.  160.076-37 to read as follows:


Sec.  160.076-37  Owner's manual.

    (a) General. The manufacturer must provide an owner's manual with 
each inflatable PFD sold or offered for sale.
    (b) Manual contents. The manual must contain the information as 
approved by the Commandant. If the PFD is conditionally approved, an 
explanation of the meaning of and reasons for the approval conditions 
must be included.


Sec.  160.076-39  [Amended]

0
83. In the introductory text to Sec.  160.076-39, removing the text 
``specified in UL 1180 (incorporated by reference, see Sec.  160.076-
11)'' and adding, in its place, the words ``approved by the 
Commandant''.

Subpart 160.077 [Removed and Reserved]

0
84. Remove and reserve subpart 160.077, consisting of Sec. Sec.  
160.077-1 through 160.077-31.
0
85. Add subpart 160.255, consisting of Sec. Sec.  160.255-1 through 
160.255-27, to read as follows:

Subpart 160.255--Commercial Lifejackets


Sec.  160.255-1  Scope.

    (a) This subpart contains structural and performance standards for 
approval of Level 100 lifejackets, as well as requirements for 
production follow-up inspections, markings, information placards, and 
associated manuals.
    (b) Lifejackets approved under this subpart must rely upon 
inherently buoyant material, inflation, or a combination to achieve the 
minimum buoyancy.
    (c) Lifejackets approved under this subpart are intended to meet 
the carriage requirements for wearable PFDs for uninspected passenger 
vessels, uninspected commercial vessels over 40 ft (12m) and for 
inspected vessels.


Sec.  160.255-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.255-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR subpart 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.255-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material

[[Page 21053]]

may be obtained from UL, 333 Pfingsten Road, Northbrook, IL 60062-2002; 
phone (847) 272-8800; website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.255-15(a).
    (b) ANSI/CAN/UL 12402-4:2020, Standard for Personal Flotation 
Devices--Part 4: Lifejackets, Performance Level 100--Safety 
Requirements, First Edition, July 9, 2020 (``ANSI/CAN/UL 12402-4''); 
IBR approved for Sec. Sec.  160.255-7(a); 160.255-13(a) and (b); 
160.255-17(a); 160.255-19; 160.255-21(a).


Sec.  160.255-7  Design, construction, and performance of lifejackets.

    (a) Each Level 100 lifejacket design must--
    (1) Meet the requirements in ANSI/CAN/UL 12402-4 (incorporated by 
reference, see Sec.  160.255-5) for a Level 100 device, and the 
requirements of this subpart; and
    (2) For novel or unique designs, meet any additional requirements 
that the Commandant may prescribe.
    (b) Lifejackets must be of first quality workmanship and must be 
free from any defects materially affecting their appearance or 
serviceability.
    (c) Lifejackets must not provide means intended for fastening or 
securing the device to a boat.


Sec.  160.255-9  Approval procedures for lifejackets.

    (a) Each application for approval of a Level 100 lifejacket must be 
submitted directly to a Coast Guard recognized laboratory.
    (b) The recognized laboratory must determine if a lifejacket with 
novel design features requires a preliminary review by the Coast Guard 
prior to testing. Submissions requiring preliminary review must be sent 
to [email protected], and must include a full description and 
drawings. Pictures, samples, and preliminary test results may also be 
submitted.


Sec.  160.255-11  Recognized laboratory.

    (a) The approval inspections and tests, production inspections, 
tests, and quality control required by this subpart must be conducted 
by an independent laboratory recognized by the Coast Guard under 46 CFR 
subpart 159.010 to perform such functions. A list of recognized 
independent laboratories is available from the Commandant and online at 
https://cgmix.uscg.mil.
    (b) The same laboratory that performs the approval tests must also 
perform production oversight unless the employees of the laboratory 
performing production oversight receive training and support equal to 
that of the laboratory that performed the approval testing, as 
determined by the Commandant.


Sec.  160.255-13  Approval inspections and tests.

    (a) Each lifejacket must be certified by a recognized laboratory as 
meeting the requirements of ANSI/CAN/UL 12402-4 (incorporated by 
reference, see Sec.  160.255-5). Approval tests specified in ANSI/CAN/
UL 12402-4 must be conducted or supervised by a recognized laboratory 
using prototype lifejackets constructed in accordance with the plans 
and specifications submitted with the application for approval.
    (b) Each lifejacket design must be visually examined for compliance 
with the construction and performance requirements of this subpart and 
ANSI/CAN/UL 12402-4 (incorporated by reference, see Sec.  160.255-5).
    (c) The Commandant may prescribe additional tests for approval of 
novel or unique designs.


Sec.  160.255-15  Production inspections, tests, and quality control of 
lifejackets.

    (a) General. Production tests and inspections must be conducted in 
accordance with ANSI/CAN/UL 9595 (incorporated by reference, see Sec.  
160.255-5), or an alternative follow-up procedure accepted by the 
Commandant. To maintain approval, the manufacturer must be in good 
standing under an accepted follow-up procedure.
    (b) Manufacturer's inspection and tests. Manufacturers of approved 
lifejackets must maintain quality control of the materials used, 
manufacturing methods, and the finished product so as to meet the 
applicable requirements, and make sufficient inspections and tests of 
representative samples and components produced to maintain the quality 
of the finished product. Records of tests conducted by the manufacturer 
and records of materials, including affidavits by suppliers that 
applicable requirements are met, must be made available to the 
recognized laboratory inspector or to the Coast Guard marine inspector, 
or both, for review upon request.
    (c) Laboratory inspections and tests. The laboratory inspector will 
conduct examinations, inspections, and tests for listed and labeled 
devices, as required by the recognized laboratory, at the place of 
manufacture or other location at the option of the laboratory.
    (d) Test facilities. The inspector must be admitted to any place in 
the factory where work is being done on listed and labeled products, 
and the inspector may take samples of parts or materials entering 
construction or final assemblies, for further examinations, 
inspections, or tests. The manufacturer must provide a suitable place 
and the apparatus necessary for the performance of the tests done at 
the place of manufacture.
    (e) Additional tests, etc. Unannounced examinations, tests, and 
inspections of samples obtained either directly from the manufacturer 
or through commercial channels may be made to determine the suitability 
of a product for listing and labeling, or to determine conformance of a 
labeled product to the applicable requirements. These may be conducted 
by the recognized laboratory or the United States Coast Guard.


Sec.  160.255-17  Marking and Labeling.

    (a) Each lifejacket must be marked with the appropriate label as 
specified in Figure 6DV of ANSI/CAN/UL 12402-4 (incorporated by 
reference, see Sec.  160.255-5).
    (b) The Commandant may prescribe additional marking requirements 
for special purpose devices or unique or novel designs.


Sec.  160.255-19  Placard.

    Each lifejacket sold or offered for sale must be provided with a 
placard that a prospective purchaser can read prior to purchase, as 
specified in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You 
Will Want to Wear, of ANSI/CAN/UL 12402-4 (incorporated by reference, 
see Sec.  160.255-5). The required placard text must be printed exactly 
as set out in ANSI/CAN/UL 12402-4, unless otherwise approved by the 
Commandant.


Sec.  160.255-21  Lifejacket manuals.

    (a) An owner's manual in accordance with Figure 7DV of ANSI/CAN/UL 
12402-4 (incorporated by reference, see Sec.  160.255-5), must be 
provided with each inflatable lifejacket sold or offered for sale. The 
text of each manual is reviewed with the application for approval.
    (b) The Commandant may prescribe additional information in the 
manual for special purpose devices or unique or novel designs.
    (c) Additional information, instructions, or illustrations may be 
included in the owner's manual if there is no contradiction to the 
required information.

[[Page 21054]]

Sec.  160.255-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to the recognized laboratory for approval 
before changing lifejacket production methods.
    (b) Determinations of equivalence of design, construction, and 
materials must be made only by the Commandant or a designated 
representative.


Sec.  160.255-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval of a lifejacket design if the manufacturer fails 
to comply with this subpart or the recognized laboratory's accepted 
procedures or requirements.


Sec.  160.255-27  Servicing for fully and partially inflatable 
lifejackets.

    (a) General. Each lifejacket that relies fully or partially on 
inflation and is approved under this subchapter must be serviced at 
approved facilities at 12-month intervals according to this section.
    (1) Each manufacturer of an approved inflatable lifejacket must 
provide one or more Coast Guard-approved facilities for servicing those 
lifejackets. The manufacturer must notify the Commandant whenever an 
approved facility under its organization no longer provides servicing 
of a lifejacket make and model listed in the guidelines required by 
paragraph (d) of this section.
    (2) Each manufacturer of an approved inflatable lifejacket must 
make replacement parts available to Coast Guard-approved independent 
servicing facilities.
    (b) Servicing facilities. Each Coast Guard-approved servicing 
facility must meet the requirements of this paragraph and paragraph (d) 
of this section to receive and keep its approval for each make and 
model of lifejacket. Approval is obtained according to Sec.  160.255-
5(c) of this part.
    (1) Each servicing facility must conduct lifejacket servicing 
according to its servicing guidelines and follow the procedures in the 
service manual required by this section.
    (2) Each servicing facility must have a suitable site for servicing 
that must be clean, well lit, free from excessive dust, drafts, and 
strong sunlight, and have appropriate temperature and humidity control 
as specified in the service manual.
    (3) Each servicing facility must have the appropriate service, 
repair, and test equipment and spare parts for performing required 
tests and repairs.
    (4) Each servicing facility must have a current manufacturer's 
service manual for each make and model of lifejacket serviced.
    (5) A servicing facility may have more than one servicing site 
provided that each site meets the requirements of paragraph (b)(2) of 
this section.
    (6) Each servicing facility must be inspected at intervals not 
exceeding six months by an accepted independent laboratory, and a 
report of the inspections must be submitted to the Commandant at least 
annually. The report must contain enough information to show compliance 
with paragraphs (b)(1) through (4) of this section and paragraph (d) of 
this section. Where a facility uses more than one site the report must 
show compliance at each site at least biennially.
    (c) Service manual. (1) Each manufacturer of an approved inflatable 
lifejacket must prepare a service manual for the lifejacket. The 
service manual must be approved by the Commandant according to Sec.  
160.176-5(b) of this part.
    (2) The manufacturer must make the service manual, service manual 
revisions, and service bulletins available to each approved servicing 
facility.
    (3) Each service manual must contain the following:
    (i) Detailed procedures for inspecting, servicing, and repackaging 
the lifejacket;
    (ii) A list of approved replacement parts and materials to be used 
for servicing and repairs, if any;
    (iii) A requirement to mark the date and servicing facility name on 
each lifejacket serviced;
    (iv) Frequency of servicing; and
    (v) Any specific restrictions or special procedures prescribed by 
the Coast Guard or manufacturer.
    (4) Each service manual revision and service bulletin which 
authorizes the modification of a lifejacket, or which affects a 
requirement under this subpart, must be approved by the Commandant. 
Other revisions and service bulletins are not required to be approved, 
but a copy of each must be sent to the Commandant when it is issued. At 
least once each year, the manufacturer must provide to the Commandant 
and to each servicing facility approved to service its lifejackets a 
bulletin listing each service manual revision and bulletin in effect.
    (d) Servicing facilities guidelines. Each servicing facility must 
have written guidelines that include the following:
    (1) Identification of each make and model of lifejacket that may be 
serviced by the facility as well as the manual and revision to be used 
for servicing;
    (2) Identification of the person, by title or position, who is 
responsible for the servicing program;
    (3) Training and qualifications of servicing technicians;
    (4) Provisions for the facility to retain a copy of its current 
letter of approval from the Coast Guard at each site; and
    (5) Requirements to--
    (i) Ensure each inflatable lifejacket serviced under its Coast 
Guard approval is serviced in accordance with the manufacturer's 
service manual;
    (ii) Keep servicing technicians informed of each approved servicing 
manual revision and bulletin and ensure servicing technicians 
understand each change and new technique related to the lifejackets 
serviced by the facility;
    (iii) Calibrate each pressure gauge, weighing scale, and 
mechanically operated barometer at intervals of not more than one year;
    (iv) Ensure each inflatable lifejacket serviced under the 
facility's Coast Guard approval is serviced by or under the supervision 
of a servicing technician who meets the requirements of paragraph 
(d)(3) of this section;
    (v) Specify each make and model of lifejacket the facility is 
approved to service when it represents itself as approved by the U.S. 
Coast Guard; and
    (vi) Not service any lifejacket for a U.S. registered commercial 
vessel, unless it is approved by the U.S. Coast Guard to service the 
make and model of lifejacket.
    (e) Servicing records. Each servicing facility must maintain 
records of all completed servicing. These records must be retained for 
at least 5 years after they are made, be made available to any Coast 
Guard representative and independent laboratory inspector upon request, 
and include at least the following:
    (1) Date of servicing, number of lifejackets serviced, lot 
identification, approval number, and test results data for the 
lifejackets serviced;
    (2) Identification of the person conducting the servicing;
    (3) Identity of the vessel receiving the serviced lifejackets; and
    (4) Date of return to the vessel.
0
86. Add new subpart 160.264, consisting of Sec. Sec.  160.264-1 through 
160.264-25, to read as follows:

Subpart 160.264--Wearable Recreational Personal Flotation Devices 
(PFDs)


Sec.  160.264-1  Scope.

    (a) This subpart contains structural and performance standards for 
approval of Level 50 and Level 70 inherently buoyant personal flotation 
devices

[[Page 21055]]

(PFDs), as well as requirements for production follow-up inspections, 
markings, information placards, and associated manuals.
    (b) PFDs approved under this subpart rely entirely upon inherently 
buoyant material to achieve the minimum buoyancy.
    (c) PFDs approved under this subpart are intended to meet the 
carriage requirements for wearable PFDs for uninspected commercial 
vessels under 40 ft (12m) not carrying passengers for hire and 
recreational boats, in accordance with 33 CFR part 175 and 46 CFR 
25.25.


Sec.  160.264-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593.-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.264-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR subpart 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.264-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2002; phone (847) 272-8800; 
website: www.ul.com.
    (a) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.264-15(a).
    (b) ANSI/CAN/UL 12402-5:2022, Standard for Personal Flotation 
Devices--Part 5: Buoyancy Aids (Level 50)--Safety Requirements, First 
Edition, December 31, 2015 (including revisions through January 27, 
2022) (``ANSI/CAN/UL 12402-5''); IBR approved for Sec. Sec.  160.264-
7(a) and (b); 160.264-13(a) and (b); 160.264-17(a); 160.264-19; 
160.264-21(a).


Sec.  160.264-7  Design, construction, and performance of PFDs.

    (a) Each Level 70 PFD design must--
    (1) Meet the requirements in ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.264-5) for a Level 70 device; and
    (2) For novel or unique designs, meet any additional requirements 
that the Commandant may prescribe.
    (b) Each Level 50 PFD design must--
    (1) Meet the requirements in ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.264-5) for a Level 50 device;
    (2) Be marked to indicate that the device must be worn to be 
counted as equipment required by vessels meeting USCG regulations; and
    (3) For novel or unique designs, meet any additional requirements 
that the Commandant may prescribe.
    (c) Buoyancy is to be provided by inherently buoyant material and 
not depend on loose, granulated material, gas compartments, or 
inflation.
    (d) PFDs must be of first quality workmanship and must be free from 
any defects materially affecting their appearance or serviceability.
    (e) PFDs must not provide means intended for fastening or securing 
the device to a boat.


Sec.  160.264-9  Approval procedures for PFDs.

    (a) Each application for approval of a Level 50 or Level 70 PFD 
must be submitted directly to a Coast Guard recognized laboratory.
    (b) The recognized laboratory must determine if a PFD with novel 
design features requires a preliminary review by the Coast Guard prior 
to testing. Submissions requiring preliminary review must be sent to 
[email protected], and must include a full description and 
drawings. Pictures, samples, and preliminary test results may also be 
submitted.


Sec.  160.264-11  Recognized laboratory.

    (a) The approval inspections and tests, production inspections, 
tests, and quality control required by this subpart must be conducted 
by an independent laboratory recognized by the Coast Guard under 46 CFR 
subpart 159.010 to perform such functions. A list of recognized 
independent laboratories is available from the Commandant and online at 
https://cgmix.uscg.mil.
    (b) Production oversight must be performed by the same laboratory 
that performs the approval tests unless, as determined by the 
Commandant, the employees of the laboratory performing production 
oversight receive training and support equal to that of the laboratory 
that performed the approval testing.


Sec.  160.264-13  Approval inspections and tests.

    (a) Each PFD must be certified by a recognized laboratory as 
meeting the requirements of ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.264-5) for an inherently buoyant Level 50 or 
Level 70 PFD. Approval tests specified in ANSI/CAN/UL 12402-5 must be 
conducted or supervised by a recognized laboratory using PFDs 
constructed in accordance with the plans and specifications submitted 
with the application for approval.
    (b) Each PFD design must be visually examined for compliance with 
the construction and performance requirements of this subpart and ANSI/
CAN/UL 12402-5 (incorporated by reference, see Sec.  160.264-5).
    (c) The Commandant may prescribe additional tests for approval of 
novel or unique designs.


Sec.  160.264-15  Production inspections, tests, and quality control of 
PFDs.

    (a) General. Production tests and inspections must be conducted in 
accordance with ANSI/CAN/UL 9595 (incorporated by reference, see Sec.  
160.264-5) or an alternative follow-up procedure accepted by the 
Commandant. To maintain approval, the manufacturer must be in good 
standing under an accepted follow-up procedure.
    (b) Manufacturer's inspection and tests. Manufacturers of approved 
PFDs must maintain quality control of the materials used, manufacturing 
methods, and the finished product to meet the applicable requirements, 
and make sufficient inspections and tests of representative samples and 
components produced to maintain the quality of the finished product. 
Records of tests conducted by the manufacturer and records of 
materials, including affidavits by suppliers that applicable

[[Page 21056]]

requirements are met, must be made available to the recognized 
laboratory inspector or to the Coast Guard marine inspector, or both, 
for review upon request.
    (c) Laboratory inspections and tests. The laboratory inspector will 
conduct examinations, inspections, and tests for listed and labeled 
devices, as required by the recognized laboratory, at the place of 
manufacture or other location at the option of the laboratory.
    (d) Test facilities. The laboratory inspector, or the Coast Guard 
marine inspector assigned by the Commander of the District in which the 
factory is located, or both, must be admitted to any place in the 
factory where work is being done on listed and labeled products. Either 
or both inspectors may take samples of parts or materials entering 
construction or final assemblies, for further examinations, 
inspections, or tests. The manufacturer must provide a suitable place 
and the apparatus necessary for the performance of the tests done at 
the place of manufacture.
    (e) Additional tests, etc. Unannounced examinations, tests, and 
inspections of samples obtained either directly from the manufacturer 
or through commercial channels may be made to determine the suitability 
of a product for listing and labeling, or to determine conformance of a 
labeled product to the applicable requirements. These may be conducted 
by the recognized laboratory or the United States Coast Guard.


Sec.  160.264-17  Marking and Labeling.

    (a) Each PFD must be marked with the appropriate label as specified 
in Figure 6DV of ANSI/CAN/UL 12402-5 (incorporated by reference, see 
Sec.  160.264-5).
    (b) The Commandant may prescribe additional marking requirements 
for special purpose devices or unique or novel designs.


Sec.  160.264-19  Placard.

    Each PFD sold or offered for sale must be provided with a placard 
that a prospective purchaser can read prior to purchase, as specified 
in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You Will Want 
to Wear, of ANSI/CAN/UL 12402-5 (incorporated by reference, see Sec.  
160.264-5). The required placard text must be printed exactly as set 
out in ANSI/CAN/UL 12402-5.


Sec.  160.264-21  PFD manuals.

    (a) An owner's manual in accordance with Figure 7DV of ANSI/CAN/UL 
12402-5 (incorporated by reference, see Sec.  160.264-5), may be 
provided with each inherently buoyant PFD sold or offered for sale. The 
text of each manual is reviewed with the application for approval.
    (b) The Commandant may prescribe additional information in the 
manual for special purpose devices or unique or novel designs.
    (c) Additional information, instructions, or illustrations may be 
included in the owner's manual if there is no contradiction to the 
required information.


Sec.  160.264-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to the recognized laboratory for approval 
before changing PFD production methods.
    (b) Determinations of equivalence of design, construction, and 
materials must be made only by the Commandant or a designated 
representative.


Sec.  160.264-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval of a PFD design if the manufacturer fails to 
comply with this subpart or the recognized laboratory's accepted 
procedures or requirements.
0
87. Add subpart 160.276, consisting of Sec. Sec.  160.276-1 through 
160.276-25, to read as follows:

Subpart 160.276--Wearable Recreational Inflatable Personal 
Flotation Devices


Sec.  160.276-1  Scope.

    (a) This subpart contains structural and performance standards for 
approval of Level 50 and Level 70 inflatable recreational personal 
flotation devices (PFDs), as well as requirements for production 
follow-up inspections, associated manuals, information placards, and 
markings.
    (b) Inflatable PFDs approved under this subpart rely entirely or 
partially upon inflation to achieve the minimum buoyancy.
    (c) PFDs approved under this subpart are intended to meet the 
carriage requirements for uninspected commercial vessels under 40 ft 
(12m) not carrying passengers for hire and recreational boats, in 
accordance with 33 CFR part 175 and 46 CFR 25.25.


Sec.  160.276-3  Definitions.

    The following definitions apply to this subpart:
    Commandant means the Chief of the Lifesaving and Fire Safety 
Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving 
and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected].
    First quality workmanship means construction that is free from any 
defect materially affecting appearance or serviceability.
    Inspector means a recognized laboratory representative assigned to 
perform, supervise, or oversee the duties described in Sec.  160.276-15 
or any Coast Guard representative performing duties related to the 
approval.
    Recognized laboratory means an independent laboratory accepted by 
the Commandant in accordance with 46 CFR 159.010, with a valid 
memorandum of understanding in accordance with 46 CFR 159.010-7.


Sec.  160.276-5  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available 
for inspection at the Coast Guard Headquarters and at the National 
Archives and Records Administration (NARA). Contact Commandant (CG-ENG-
4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 
7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. 
For information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from UL, 333 
Pfingsten Road, Northbrook, IL 60062-2022; phone (847) 272-8800; 
website: www.ul.com.
    (a1) ANSI/CAN/UL 9595:2021, Standard for Factory Follow-Up on 
Personal Flotation Devices (PFDs), First Edition, June 4, 2020 
(including revisions through September 9, 2021) (``ANSI/CAN/UL 9595''); 
IBR approved for Sec.  160.276-15(a).
    (b) ANSI/CAN/UL 12402-5:2022, Standard for Personal Flotation 
Devices--Part 5: Buoyancy Aids (Level 50)--Safety Requirements, First 
Edition, December 31, 2015 (including revisions through January 27, 
2022) (``ANSI/CAN/UL 12402-5''); IBR approved for Sec. Sec.  160.276-
7(a) and (b); 160.276-13(a) and (b); 160.276-17(a) and (b); 160.276-19; 
160.276-21(a).


Sec.  160.276-7  Design, construction, and performance of inflatable 
PFDs.

    (a) Each Level 70 inflatable PFD design must--

[[Page 21057]]

    (1) Meet the requirements in ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.276-5) for a Level 70 device; and
    (2) For novel or unique designs, meet any additional requirements 
that the Commandant may prescribe.
    (b) Each Level 50 inflatable PFD design must--
    (1) Meet the requirements in ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.276-5) for a Level 50 device;
    (2) Be marked to indicate that the device must be worn to be 
counted as equipment required by vessels meeting USCG regulations; and
    (3) For novel or unique designs, meet any additional requirements 
that the Commandant may prescribe.
    (c) Buoyancy is to be provided by inflation, or a combination of 
inherently buoyant material and inflation.
    (d) PFDs must be of first quality workmanship and must be free from 
any defects materially affecting their appearance or serviceability.
    (e) PFDs must not provide means intended for fastening or securing 
the device to a boat.


Sec.  160.276-9  Approval procedures for PFDs.

    (a) Each application for approval of a Level 50 or Level 70 PFD 
must be submitted directly to a Coast Guard recognized laboratory.
    (b) The recognized laboratory must determine if a PFD with novel 
design features requires a preliminary review by the Coast Guard prior 
to testing. Submissions requiring preliminary review must be sent to 
[email protected], and must include a full description and 
drawings. Pictures, samples, and preliminary test results may also be 
submitted.


Sec.  160.276-11  Recognized laboratory.

    (a) The approval inspections and tests and production inspections, 
tests, and quality control required by this subpart must be conducted 
by an independent laboratory recognized by the Coast Guard under 46 CFR 
subpart 159.010 to perform such functions. A list of recognized 
independent laboratories is available from the Commandant and online at 
https://cgmix.uscg.mil.
    (b) The same laboratory that performs the approval tests must also 
perform production oversight unless the employees of the laboratory 
performing production oversight receive training and support equal to 
that of the laboratory that performed the approval testing, as 
determined by the Commandant.


Sec.  160.276-13  Approval inspections and tests.

    (a) Each PFD must be certified by a recognized laboratory as 
meeting the requirements of ANSI/CAN/UL 12402-5 (incorporated by 
reference, see Sec.  160.276-5) for an inflatable Level 50 or Level 70 
PFD. Approval tests specified in ANSI/CAN/UL 12402-5 must be conducted 
or supervised by a recognized laboratory using PFDs constructed in 
accordance with the plans and specifications submitted with the 
application for approval.
    (b) Each PFD design must be visually examined for compliance with 
the construction and performance requirements of this subpart and ANSI/
CAN/UL 12402-5 (incorporated by reference, see Sec.  160.276-5).
    (c) The Commandant may prescribe additional tests for approval of 
novel or unique designs.


Sec.  160.276-15  Production inspections, tests, and quality control of 
PFDs.

    (a) General. Production tests and inspections must be conducted in 
accordance with ANSI/CAN/UL 9595 (incorporated by reference, see Sec.  
160.276-5) or an alternative follow-up procedure accepted by the 
Commandant. To maintain approval, the manufacturer must be in good 
standing under an approved follow-up procedure.
    (b) Manufacturer's inspection and tests. Manufacturers of approved 
PFDs must maintain quality control of the materials used, manufacturing 
methods, and the finished product to meet the applicable requirements, 
and make sufficient inspections and tests of representative samples and 
components produced to maintain the quality of the finished product. 
Records of tests conducted by the manufacturer and records of 
materials, including affidavits by suppliers that applicable 
requirements are met, must be made available to the recognized 
laboratory inspector or to the Coast Guard marine inspector, or both, 
for review upon request.
    (c) Laboratory inspections and tests. The laboratory inspector will 
conduct examinations, inspections, and tests for listed and labeled 
devices, as required by the recognized laboratory, at the place of 
manufacture or other location at the option of the laboratory.
    (d) Test facilities. The laboratory inspector, or the Coast Guard 
marine inspector assigned by the Commander of the District in which the 
factory is located, or both, must be admitted to any place in the 
factory where work is being done on listed and labeled products. Either 
or both inspectors may take samples of parts or materials entering 
construction or final assemblies, for further examinations, 
inspections, or tests. The manufacturer must provide a suitable place 
and the apparatus necessary for the performance of the tests done at 
the place of manufacture.
    (e) Additional tests, etc. Unannounced examinations, tests, and 
inspections of samples obtained either directly from the manufacturer 
or through commercial channels may be made to determine the suitability 
of a product for listing and labeling, or to determine conformance of a 
labeled product to the applicable requirements. These may be conducted 
by the recognized laboratory or the United States Coast Guard.


Sec.  160.276-17  Marking and Labeling.

    (a) Each inflatable PFD must be marked as specified in Figure 6DV 
of ANSI/CAN/UL 12402-5 (incorporated by reference, see Sec.  160.276-
5).
    (b) In addition to the information required by ANSI/CAN/UL 12402-5, 
Figure 6DV, each Level 50 inflatable PFD must be marked with a 
statement that the device must be worn to be counted as equipment 
required by vessels meeting USCG regulations; and
    (c) The Commandant may prescribe additional marking requirements 
for special purpose devices or unique or novel designs.


Sec.  160.276-19  Placard.

    Each inflatable PFD sold or offered for sale must be provided with 
a placard that a prospective purchaser can read prior to purchase, as 
specified in Figure 8DV.1.1a and Figure 8DV.1.1b, Choose the Device You 
Will Want to Wear, of ANSI/CAN/UL 12402-5 (incorporated by reference, 
see Sec.  160.276-5). The required placard text must be printed exactly 
as set out in ANSI/CAN/UL 12402-5.


Sec.  160.276-21  PFD manuals.

    (a) An owner's manual in accordance with Figure 7DV of ANSI/CAN/UL 
12402-5 (incorporated by reference, see Sec.  160.276-5), must be 
provided with each inflatable PFD sold or offered for sale. The text of 
each manual is reviewed with the application for approval.
    (b) The Commandant may prescribe additional information in the 
manual for special purpose devices or unique or novel designs.
    (c) Additional information, instructions, or illustrations may be 
included in the owner's manual if there is no contradiction to the 
required information.

[[Page 21058]]

Sec.  160.276-23  Procedure for approval of design or material change.

    (a) The manufacturer must submit any proposed changes in design, 
material, or construction to the recognized laboratory for approval 
before changing PFD production methods.
    (b) Determinations of equivalence of design, construction, and 
materials must be made only by the Commandant or a designated 
representative.


Sec.  160.276-25  Suspension or termination of approval.

    As provided in 46 CFR 159.005-15, the Commandant may suspend or 
terminate the approval of an inflatable PFD design if the manufacturer 
fails to comply with this subpart or the recognized laboratory's 
accepted procedures or requirements.

PART 169--SAILING SCHOOL VESSELS

0
88. The authority citation for part 169 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.2, paragraph 
(II)(92)(a); Sec.  169.117 also issued under the authority of 44 
U.S.C. 3507.


Sec.  169.539  [Amended]

0
89. Amend Sec.  169.539 by:
0
a. Removing in paragraph (a), the text ``160.055, 160.002, or 
160.005'', and adding in its place the text ``160.002, 160.005, 
160.055, or 160.255,'';
0
b. Removing in paragraph (b), the text ``or 160.077'', and adding in 
its place the text ``, 160.077, or 160.264''; and
0
c. Removing in paragraph (c), the text ``160.064'', and adding in its 
place the text ``160.064 or 160.264''.

PART 180--LIFESAVING EQUIPMENT AND ARRANGEMENTS

0
90. The authority citation for part 180 is revised to read as follows:

    Authority:  46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2, 
paragraph (II)(92)(a).

0
91. Amend Sec.  180.71 by:
0
a. Revising the section heading and paragraph (c);
0
b. Removing paragraph (d); and
0
c. Redesignating paragraph (e) as paragraph (d).
    The revisions read as follows:


Sec.  180.71  Lifejackets.

* * * * *
    (c) Each lifejacket must be approved under approval series 160.002, 
160.005, 160.055, 160.115, 160.176, or 160.255 in subchapter Q of this 
chapter, or other standard specified by the Commandant. An inflatable 
lifejacket approved under approval series 160.255 must include a full 
back-up inflation chamber.
* * * * *
0
92. Amend Sec.  180.72 by:
0
a. Revising the section heading;
0
b. Removing in paragraph (a), the words ``life jackets'' wherever they 
appear and adding, in their place, the word ``lifejackets''; and
0
c. Revising paragraphs (b) and (d).
    The revisions read as follows:


Sec.  180.72  Personal flotation devices carried in addition to 
lifejackets.

* * * * *
    (b) Wearable marine buoyant devices approved in accordance with 
Sec.  160.064, 160.076, 160.264, or 160.276 in subchapter Q of this 
chapter, or other standard specified by the Commandant, may be carried 
as additional equipment.
* * * * *
    (d) A commercial hybrid approved under former approval series 
160.077 prior to [EFFECTIVE DATE OF FINAL RULE] may be carried as 
additional equipment for use by persons working near or over the water 
if it is in good and serviceable condition, used in accordance with the 
conditions marked on the PFD and in the owner's manual, and of the same 
or similar design and has the same method of operation as each other 
hybrid PFD carried on board.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
93. The authority citation for part 199 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; DHS Delegation 00170.1, Revision No. 01.2, paragraph 
(II)(92)(a).


Sec.  199.70  [Amended]

0
94. Amend Sec.  199.70(b) introductory text by removing the text ``, 
160.176 or 160.177'', and adding, in its place, the text ``or 
160.176''.


Sec.  199.620  [Amended]

0
95. Revise Sec.  199.620(c) to read as follows:


Sec.  199.620  Alternatives for all vessels in a specified service.

* * * * *
    (c) Lifejackets approval series. As an alternative to a lifejacket 
meeting the approval requirements in Sec.  199.70, vessels may carry a 
lifejacket approved under approval series 160.002, 160.005, 160.055, or 
160.077, or 160.255. An inflatable lifejacket approved under approval 
series 160.255 must include a full back-up inflation chamber.
* * * * *

    Dated: March 24, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2023-06504 Filed 4-6-23; 8:45 am]
BILLING CODE 9110-04-P

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