(a) Specifications. There are no other Coast Guard specifications applicable to this subpart.

(b) [Reserved]

[CGFR 64-30, 29 FR 7388, June 6, 1964]

(a) Types. Water safety buoyant devices covered by this subpart shall be of two general types, viz, those intended to be worn on the body and those intended to be thrown.

(b) Models. Water safety buoyant devices may be of different models which incorporate characteristics considered valuable for safety in various fields of water sports or boating activities.

(c) Sizes. Water safety buoyant devices designed to be worn shall be of sizes suitable for adults or children, as intended and marked on the device. Water safety buoyant devices intended to be thrown in water shall be of a minimum size intended for adults.

(d) Dimensions. A foam cushion designed to be thrown must be 2 inches or more in thickness and must have 225 or more square inches of top surface area.

[CGFR 64-30, 29 FR 7388, June 6, 1964, as amended by CGD 73-246R, 39 FR 36967, Oct. 16, 1974]

1 The manufacturer of a personal flotation device must meet 33 Cspan 181.701 through 33 Cspan 181.705 which require an instruction pamphlet for each device that is sold or offered for sale for use on recreational boats.

(a) General. Every water safety buoyant device shall conform to the requirements as accepted by the Commandant for listing and labeling by a recognized laboratory, and shall be of such design, materials, and construction as to meet the requirements specified in this section.

(b) Designs and constructions. Water safety buoyant devices shall be of designs suitable for the purposes intended. A design intended to be worn on the body shall be capable of being adjusted and secured to fit the range of wearers for which designed with as few fastenings or adjustments as are consistent with the purpose of the device. Designs may be varied, but shall not provide means intended for fastening or securing the device to a boat. The arrangement of the buoyancy of devices intended to be worn on the body shall provide for flotation of the wearer in an upright, slightly backward position in the water to as great a degree as is consistent with the special purpose intended, and in no case shall the device have a tendency to turn the wearer face downward in the water. Devices intended to be thrown shall not provide means for adjustment or close fitting to the body. Methods of construction shall 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 and shall be all new materials and shall be suitable for the purpose intended and shall be at least equivalent to corresponding materials specified for standard buoyant vests or buoyant cushions. Hardware or fastenings shall be of sufficient strength for the purpose of the device and shall 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 shall be selected with a view to the purposes of the device and shall be either mildew resistant or treated for mildew resistance. Buoyancy shall be provided by inherently buoyant material and shall not be dependent upon loose, granulated material, gas compartments or inflation. So long as the minimum required buoyancy is provided by inherently buoyant material, the use of supplementary gas compartments, or inflation, will be permitted to supply additional buoyancy.

(d) Buoyancy. (1) Buoyancy for devices to be worn is as follows:

(i) Devices for persons weighing more than 90 pounds must have 15 1/2 pounds or more of buoyancy.

(ii) Devices for persons weighing 50 to 90 pounds must have 11 pounds or more of buoyancy.

(iii) Devices for persons weighing less than 50 pounds must have 7 pounds or more of buoyancy.

(2) Buoyancy for devices to be thrown is as follows:

(i) Ring life buoys must have 16 1/2 pounds or more of buoyancy.

(ii) Foam cushions must have 18 pounds or more of buoyancy.

(iii) A device other than those specified in paragraph (d)(2) (i) or (ii) of this section must have 20 pounds or more of buoyancy.

(3) The buoyancy values required in paragraphs (d) (1) and (2) of this section must be as follows:

(i) For each device containing foam buoyant materials, the required buoyancy value must remain after the device has been submerged in fresh water for 24 or more continuous hours.

(ii) For each device containing kapok, the required buoyancy value must remain after the device has been submerged in fresh water for 48 or more continuous hours.

(e) Workmanship. Water safety buoyant devices covered by this subpart shall be of first class workmanship and shall be free from any defects materially affecting their appearance or serviceability.

[CGspan 64-30, 29 span 7388, June 6, 1964, as amended by CGD 73-246R, 39 span 36967, Oct. 16, 1974; CGD 75-008, 43 span 9772, Mar. 9, 1978; CGD 84-068, 58 span 29494, May 20, 1993]

(a) Labels. Each water safety buoyant device must be marked in accordance with the recognized laboratory's listing and labeling requirements in accordance with § 160.064-3(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) Durability of marking. Marking must be of a type which will be durable and legible for the expected life of the device.

[USCG-2013-0263, 79 FR 56499, Sep. 22, 2014]

(a) Manufacturer's inspection and tests. Manufacturers of listed and labeled water safety buoyant devices shall maintain quality control of the materials used, manufacturing methods and the finished product so as to meet the applicable requirements, and shall 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, entering into construction shall 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. Such examinations, inspections and tests as are required by the recognized laboratory for listed and labeled devices produced will be conducted by the laboratory inspector 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, shall be admitted to any place in the factory where work is being done on listed and labeled products, and either or both inspectors may take samples of parts or materials entering into construction or final assemblies, for further examinations, inspections, or tests. The manufacturer shall provide a suitable place and the apparatus necessary for the performance of the tests which are 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.

[CGFR 64-30, 29 FR 7388, June 6, 1964, as amended by CGD 73-246R, 39 FR 36967, Oct. 16, 1974]

(a) A manufacturer seeking Coast Guard approval of a product under this subpart shall follow the approval procedures of subpart 159.005 of this chapter, and shall apply for approval directly to a recognized independent laboratory. The following laboratories are recognized under § 159.010-7 of this part, to perform testing and approval functions under this subpart:

Underwriters Laboratories, 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709-3995, (919) 549-1400.

(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.

[CGD 93-055, 61 FR 13931, Mar. 28, 1996]