(a) General. Subpart of this chapter contains the approval procedures. Those procedures must be followed, excepted as modified in this paragraph.
(1) Preapproval review under §§ 159.005-5 and 159.005-7 may be omitted if a similar design has already been approved.
(2) The information required in all three subparagraphs of § 159.005-5(a)(2) must be included in the application.
(3) The application must also include the following:
(i) The type of performance (i.e. Donned Type I, Type II or Type III) that the PFD is designed to provide.
(ii) Any special purpose(s) for which the PFD is designed and the vessel(s) or type(s) of vessel on which its use is planned.
(iii) Buoyancy and torque tolerances to be allowed in production.
(iv) The text of any optional marking to be provided in addition to required text.
(v) The manual required by § 160.077-29 (UL 1517 text may be omitted in this submission).
(vi) The size range of wearers that the device is intended to fit.
(4) The description of quality control procedures required by § 159.005-9 of this chapter to be submitted with the test report may be omitted as long as the manufacturer's planned quality control procedures comply with § 160.077-23.
(b) Waiver of tests. If a manufacturer requests that any test in this subpart be waived, one of the following must be provided to the Commandant as justification for the waiver:
(1) Acceptable test results on a PFD of sufficiently similar design.
(2) Engineering analysis showing that the test is not applicable to the particular design or that by design or construction the PFD cannot fail the test.
(c) Alternative Requirements. A PFD that does not meet requirements in this subpart may still be approved if the device—
(1) Meets other requirements prescribed by the Commandant in place of or in addition to requirements in this subpart; and
(2) Provides at least the same degree of safety provided by other PFD's that do comply with this subpart.
[CGD 78-174, 50 FR 33928, Aug. 22, 1985, as amended by CGD 78-174A, 51 FR 4351, Feb. 4, 1986. Redesignated and amended by CGD 78-174, 60 FR 2491, Jan. 9, 1995]
Title 46 published on 2012-10-01
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