160.077-6—Approval procedures.
(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.
(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.
(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:
(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]