(a) Manufacturers seeking approval of an inflatable PFD design shall follow the procedures of this section and subpart 159.005 of this chapter.

(b) Each application for approval of an inflatable PFD must contain the information specified in §159.005-5 of this chapter. The application must be submitted to a recognized laboratory. One copy of the application and, except as provided in paragraph (c)(2) of this section, a prototype PFD must be submitted to the Commandant for preapproval review. If a similar design has already been approved, the Commandant may authorize the recognized laboratory to waive the preapproval review under §§159.005-5 and 159.005-7 of this chapter.

(c) The application must include the following:

(1) Plans and specifications containing the information required by §159.005-12 of this chapter, including drawings, product description, construction specifications, and bill of materials.

(2) The information specified in §159.005-5(a)(2) (i) through (iii) of this chapter must be included in the application, except that, if preapproval review has been waived, the manufacturer is not required to send a prototype PFD sample to the Commandant.

(3) Any special purpose(s) for which the PFD is designed and the vessel(s) or vessel type(s) on which its use is intended.

(4) Buoyancy, torque, and other relevant tolerances to be met during production.

(5) The text of any optional marking to be included on the PFD in addition to the markings required by §160.076-39.

(6) A draft of the information pamphlet required by §160.076-35.

(7) A draft of the owner's manual required by §160.076-37.

(8) For any conditionally approved PFD, the intended approval condition(s).

(d) The description required by §159.005-9 of this chapter of quality control procedures may be omitted if the manufacturer's planned quality control procedures meet the requirements of §§160.076-29 and 160.076-31.

(e) Manual and pamphlet. Before granting approval of a PFD design, the Commandant may require changes to the manual and information pamphlet submitted for review to ensure compliance with the requirements of §§160.076-35 and 160.076-37.

(f) Waiver of tests. A manufacturer may request that the Commandant waive any test prescribed for approval under this subpart. To request a waiver, the manufacturer must submit to the Commandant and the recognized laboratory, one of the following:

(1) Satisfactory test results on a PFD of sufficiently similar design as determined by the Commandant.

(2) Engineering analysis demonstrating that the test for which a waiver is requested is not appropriate for the particular design submitted for approval or that, because of its design or construction, it is not possible for the PFD to fail that test.

(g) Alternative requirements. A PFD that does not meet the requirements of this subpart may be approved by the Commandant if the device—

(1) Meets other requirements prescribed by the Commandant in place of or in addition to the requirements of this subpart; and

(2) As determined by the Commandant, provides at least the same degree of safety provided by other PFDs that meet the requirements of this subpart.

[CGD 94-110, 60 FR 32848, June 23, 1995, as amended by CGD 94-110, 61 FR 13946, Mar. 28, 1996; USCG-2013-0263, 79 FR 56500, Sept. 22, 2014]