Memorandum of understanding for approval of personal lifesaving appliances

From: Transport Canada

Use this page to learn about a memorandum of understanding (MOU) between the United States Coast Guard (USCG) and Transport Canada (TC) regarding approval of personal lifesaving appliances. The MOU explains how the two countries will work together to improve recreational boating safety by agreeing to standards for the approval of personal lifesaving appliances.

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Purpose

This MOU sets forth guidelines for cooperation between the United States Coast Guard (USCG), of the Department of Homeland Security of the United States of America, and Transport Canada (TC), a Department of the Government of Canada (hereinafter referred to as “the Participant” or collectively “Participants”), concerning approval of personal lifesaving appliances (PLSA).

This MOU sets forth how the USCG and TC intend to enhance recreational boating safety and facilitate commerce through a cooperative effort to:

  • approve PLSA
  • monitor the manufacturing of PLSA
  • recognize organizations that may perform approval functions on behalf of TC and the USCG, and
  • monitor the activities of these organizations testing PLSA for approval in both the United States and Canada 

This MOU does not impose, nor is it intended to impose, any legal commitments on either Participant. 

Participants and authorities

The USCG has statutory authority under Title 46, U.S. Code, Sections 3306 (a), 4102 (b), 4302 (a), and 4502 (a) to prescribe regulations for the design, construction, performance, testing, carriage, use and inspection of lifesaving equipment on commercial and recreational vessels. USCG approval of PLSA is regulated under Title 46, Code of Federal Regulations, Subpart 2.75 and Part 159.

Transport Canada has been granted authority under Section 120 of the Canada Shipping Act to make regulations respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of equipment for commercial vessels and pleasure craft. Transport Canada approval of PLSA is regulated under the Small Vessel Regulations, Section 6 (1), Section 7 and the Schedule to those Regulations and the Life Saving Equipment Regulations, Part III, Section 121 and Schedules.

Points of contact

Both Participants are expected to maintain correspondence avenues with the responsible individual within the relevant organization who can directly answer correspondence within his or her area of responsibility.

Daily execution of this MOU is expected to be coordinated between the Participants through the contact information below.

For the USCG, Commandant (CG-ENG-4):

Commandant (CG-ENG-4)
US Coast Guard
2703 Martin Luther King Jr Avenue SE
Stop 7509
Washington, DC 20593-7509

Telephone: 202-372-1394

For Transport Canada, Manager Small and Fishing Vessels, Design and Equipment Standards and Boating Safety (AMSDS):

Transport Canada
Marine Safety and Security
330 Sparks Street
Tower C, Place De Ville
Ottawa, ON K1A 0N5

Telephone: 613-998-0652

Each Participant is expected to provide the other with current contact information including name, phone number and email address, as appropriate, for the individual personnel conducting the business under this MOU.  

TC/USCG approval process

TC and USCG intend to approve PLSA that have been:

  • tested by an organization recognized by both Participants
  • found to be compliant with a mutually accepted approval Standard, and
  • covered by a mutually accepted follow-up program

PLSA meeting these requirements may be marked with both TC and USCG approval marking, and are expected to be considered as acceptable for meeting U.S. and Canadian regulatory carriage requirements, subject to any limitations or conditions on the approval, as determined during product evaluation.

In implementing this MOU, TC and USCG intend to:

  • maintain the necessary regulations to adequately identify the standards acceptable as a basis for approval of equipment under this MOU
  • cooperatively review any products that are identified with new or unusual features or characteristics, as well as any certification requirement decisions proposed by the recognized laboratory or product certification body
  • not approve any PLSA which has been shown by test results to be deficient in performance against the requirements of the approval Standard applied to the product, and
  • conduct regular, periodic meetings to promote cooperation and provide for efficient handling of ongoing and emerging certification procedures

Oversight of third parties

TC and the USCG intend to:

  • maintain a process for recognizing laboratories and product certification bodies with the requisite facilities and expertise for conducting the tests required by the approval standard and evaluating test results for compliance with the standard
  • administer an oversight program to ensure that regulatory and statutory requirements are being properly applied by each recognized laboratory or product certification body
  • maintain a system for communicating interpretations of standards with all recognized laboratories or product certification bodies, and
  • acknowledge that information that it accesses or obtains from a recognized laboratory or product certification body may contain trade secrets or proprietary and commercial information, and take reasonable measures to protect such information from public disclosure to the extent that federal law permits

Developing and maintaining regulations and standards

TC and the USCG intend to:

  • actively participate in the development and revision of standards consistent with this MOU
  • coordinate with the recognized laboratory or product certification body in the consideration and approval of significant interpretations of standards, and
  • facilitate the exchange of significant interpretations of standards among all recognized laboratories or product certification bodies

Problem resolution

System and procedural problems: TC and the USCG intend to attempt to resolve system, technical and procedural problems or differences between the Participants at the lowest organizational level, although nothing herein is intended to be construed to prevent staffs from reporting issues and seeking appropriate authority for actions and decisions from their superiors.

Noncompliant products: Either Participant intends to notify the other Participant of apparent safety related willful noncompliance of any PLSA produced by any manufacturer. Each Participant intends to take appropriate measures within its respective regulatory authority and inform the other Participant of such action. Coordinated action is intended to be considered when possible.

Appeals process

TC and the USCG intend to:

  • maintain a process for resolving technical issues resulting from action by a recognized laboratory or product certification body
  • promptly notify each other any time they receive reports alleging malperformance or noncompliance of products approved under this MOU, and
  • allow the other Participant to comment on appeals involving products approved under this MOU

Effective date

This MOU becomes effective upon signature of both Participants.

Modification

This MOU may be modified upon the mutual, written consent of the Participants.

Other provisions

Nothing in this MOU is intended to conflict with current law or regulation or the directives of the United States Coast Guard or Department of Homeland Security or Transport Canada.

Discontinuation

This MOU may be discontinued by either Participant after 30 days’ written notice to the other Participant sent to:

Commandant (CG-ENG)
United States Coast Guard
2703 Martin Luther King Jr Avenue SE
Stop 7509
Washington, DC 20593-7509

Executive Director (AMSD)
Transport Canada
Marine Safety and Security
330 Sparks Street
Tower C, Place de Ville
Ottawa, ON K1A 0N5

Discontinuation of this MOU is not intended to impact the status of any approvals issued under this MOU.

Original signed by:
J. G. Lantz
Director of Commercial Regulations & Standards
U. S. Coast Guard

Date: April 13, 2017

Original signed by:
Jane Weldon
Director General
Transport Canada Marine Safety and Security

Date: April 26, 2017

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