
[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Proposed Rules]               
[Page 53457-53519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au10-25]                         


[[Page 53457]]

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Part III





Department of Homeland Security





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Coast Guard



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46 CFR Parts 108, 117, 133, et al.



Lifesaving Equipment: Production Testing and Harmonization With 
International Standards; Proposed Rule


[[Page 53458]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 108, 117, 133, 160, 164, 180, and 199

[USCG-2010-0048]
RIN 1625-AB15

 
Lifesaving Equipment: Production Testing and Harmonization With 
International Standards

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations for certain 
lifesaving equipment, including launching appliances (winches and 
davits), release mechanisms, survival craft (lifeboats, inflatable 
liferafts, and inflatable buoyant apparatuses), rescue boats, and 
automatic disengaging devices. The proposed rules would harmonize the 
Coast Guard's design, construction, and performance standards for this 
lifesaving equipment with international standards. In addition, the 
proposed rules would provide for the use of qualified independent 
laboratories, instead of Coast Guard inspectors, during the approval 
process and for production inspections of certain types of lifesaving 
equipment.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before November 29, 
2010 or reach the Docket Management Facility by that date. Comments 
sent to the Office of Management and Budget (OMB) on collection of 
information must reach OMB on or before November 29, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0048 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Collection of Information Comments: If you have comments on the 
collection of information discussed in section VI.C of this NPRM, you 
must also send comments to the Office of Information and Regulatory 
Affairs (OIRA), Office of Management and Budget. To ensure that your 
comments to OIRA are received on time, the preferred methods are by e-
mail to oira_submission@omb.eop.gov (include the docket number and 
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of 
the e-mail) or fax at 202-395-6566. An alternate, though slower, method 
is by U.S. mail to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, 725 17th Street NW., Washington, DC 
20503, Attn: Desk Officer, U.S. Coast Guard.
    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at U.S. Coast Guard 
Headquarters, 2100 2ND ST SW., STOP 7126, Washington, DC 20593-7126 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 202-372-1385. Copies of the material 
are available as indicated in the ``Incorporation by Reference'' 
section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. George Grills, P.E., Commercial Regulation and Standards 
Directorate, Office of Design and Engineering Standards, Lifesaving and 
Fire Safety Division (CG-5214), Coast Guard, telephone 202-372-1385, or 
e-mail address George.G.Grills@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
    A. International Standards
    B. Independent Laboratories
    C. Other Revisions
IV. Discussion of Proposed Rule
    A. Harmonization with International Standards
    B. Independent Laboratories
    C. Affected Subparts: Revised and Proposed
    D. Structure of Part 160 Proposed Subparts
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. International Trade Impacts
    M. Technical Standards
    N. Environment

I. Public Participation and Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change, to http://www.regulations.gov and will 
include any personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include your name and address, 
identify the docket number for this rulemaking (USCG-2010-0048), 
indicate the specific section of this document to which each comment 
applies, and provide a reason for each suggestion or recommendation. 
You may submit your comments and material online, or by fax, mail or 
hand delivery but please use only one of these means. The Coast Guard 
recommends that you include your name and a mailing address, an e-mail 
address, or a phone number in the body of your document so that the 
Coast Guard can contact you if the Coast Guard has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. Insert ``USCG-2010-0048'' in the Keyword box, 
click ``Search'', and then click on the balloon shape in the Actions 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope.
    The Coast Guard will consider all comments and material received 
during the comment period. The Coast Guard may change this proposed 
rule in view of your comments.

[[Page 53459]]

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2010-0048) 
in the Keyword box, and click ``Search''. If you do not have access to 
the Internet, you may view the docket by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the Department of 
Transportation West Building, 1200 New Jersey Avenue, SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Coast Guard has an agreement with the Department 
of Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    The Coast Guard does not currently plan to hold a public meeting. 
But you may submit a request for one to the Docket Management Facility 
at the address under ADDRESSES explaining why one would be beneficial. 
If the Coast Guard determines that one would aid this rulemaking, the 
Coast Guard will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

ASTM American Society for Testing and Materials
CFR Code of Federal Regulations
COLREG International Regulations for Preventing Collisions at Sea
DHS Department of Homeland Security
EPA Environmental Protection Agency
FRP Fiber Reinforced Plastic
GSA General Services Administration
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-saving Appliance
MSC Maritime Safety Committee of the International Maritime 
Organization
NAICS North American Industry Classification System
NEPA National Environmental Policy Act 1969 (42 U.S.C. 4321-4370f)
NTTAA National Technology Transfer and Advancement Act (15 U.S.C. 
272 note)
OCMI Officer in Charge, Marine Inspection
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
SOLAS International Convention for Safety of Life at Sea, 1974, as 
amended
Sec.  Section symbol
UL Underwriters Laboratories
USCG United States Coast Guard

III. Background

    The Coast Guard is charged with ensuring that lifesaving equipment 
used on vessels subject to inspection by the United States meets 
specific design, construction, and performance standards, including 
those found in the International Convention for the Safety of Life at 
Sea, 1974, as amended, (SOLAS), Chapter III ``Life-saving appliances 
and arrangements.'' See 46 U.S.C. 3306. The Coast Guard carries out 
this charge through the approval of lifesaving equipment per 46 CFR 
part 2, subpart 2.75. The approval process includes: pre-approving 
lifesaving equipment designs, overseeing prototype construction, 
witnessing prototype testing, and monitoring production of the 
equipment for use on U.S. vessels. See 46 CFR part 159. At each phase 
of the approval process, the Coast Guard sets specific standards to 
which lifesaving equipment must be built and tested. Third parties, 
referred to as independent laboratories, sometimes assist the Coast 
Guard in its approval process by performing or witnessing tests and 
inspections, as well as witnessing production, as authorized by the 
Coast Guard. See, e.g., 46 CFR 160.151-13(a) (manufacturers must 
arrange for an independent laboratory to inspect a liferaft during 
fabrication). This rulemaking would revise those specific standards for 
launching appliances, release mechanisms, survival craft, rescue boats, 
and automatic disengaging devices, and expand the use of independent 
laboratories in the Coast Guard's approval process.

A. International Standards

    International safety standards are established by the Parties, 
including the United States, to SOLAS acting at the International 
Maritime Organization (IMO). The international standards for lifesaving 
equipment (IMO standards) addressed by this rulemaking implement the 
requirements of Chapter III of SOLAS. The IMO standards specify design, 
construction, performance, and testing requirements for required 
lifesaving equipment, including launching appliances, release 
mechanisms, survival craft, rescue boats, and automatic disengaging 
devices. The primary IMO standards implementing Chapter III of SOLAS 
are--
     International Life-saving Appliance Code (``LSA Code'') 
(IMO Resolution MSC.48(66), as amended by IMO Resolutions MSC.207(81), 
MSC.218(82) and MSC.272(85)); see SOLAS Chapter III, Regulation 4; and
     Revised recommendation on testing of life-saving 
appliances (``Recommendation on Testing'') (IMO Resolution MSC.81(70)), 
as amended by Resolution MSC.226(82) and Resolution MSC.274(85); see 
SOLAS Chapter III, Regulation 4.
    The United States actively participated in the negotiations that 
led to the development of these IMO standards. The Coast Guard 
considers these IMO standards to represent the best standards for 
lifesaving appliances and appropriate for lifesaving appliances for all 
vessels subject to inspection by the United States. Since the effective 
date of the IMO standards, in order to facilitate international 
commerce with other contracting governments to SOLAS that follow IMO 
standards and to achieve the benefits of the increased safety of 
adhering to these IMO standards, the Coast Guard has decided, pursuant 
to 46 U.S.C. 3306 and 46 CFR 159.005-7(c), to deem compliance by U.S. 
flag ships with the IMO standards as compliance with Coast Guard 
domestic regulations.
    In this rulemaking, the Coast Guard proposes to harmonize its 
regulations for lifesaving equipment with international standards by 
incorporating the IMO standards into regulations in 46 CFR part 160.

B. Independent Laboratories

    The Coast Guard has a long history of recognizing the 
qualifications of independent laboratories, working under the Coast 
Guard's oversight, to do work traditionally conducted by Coast Guard 
inspectors. In 1979, the Coast Guard promulgated 46 CFR part 159 
establishing procedures and standards for accepting independent 
laboratories for witnessing or performing certain tests and conducting 
inspections for certain equipment and materials requiring Coast Guard 
approval. See 44 FR 73038 (December 17, 1979). The Coast Guard 
promulgated 46 CFR part 159 under the authority in 46 U.S.C. 481 (1976) 
(Regulations for vessels subject to Coast Guard).\1\ In 1983, Congress 
revised

[[Page 53460]]

and recodified the maritime laws of the United States moving the 
relevant authority for 46 CFR part 159 to new 46 U.S.C. 3306.\2\ See 
Public Law 98-89 Partial Revision of Title 45, U.S.C. ``Shipping''; 
House Report No. 98-338 (August 1, 1983), 1983 U.S.C.C.A.N. 924, 954-
53.
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    \1\ In 1979, the authority for 46 CFR part 159 also included 46 
U.S.C. 391, which covered ``vessels carrying certain cargoes in 
bulk.'' The broader authority under 46 U.S.C. 481 covered vessels 
subject to inspection and certification by the United States Coast 
Guard and directed ``the Secretary of the Department in which the 
Coast Guard is operating * * * shall prescribe such rules and 
regulations as may be necessary for vessels subject to inspection 
and certification by the United States Coast Guard with respect to 
the following matters: (1) Lifesaving equipment, including but not 
limited to, the number, type, size, capacity, details of 
construction, methods of operation, stowage, maintenance, manning, 
use, testing, and inspection of such equipment, and drills and 
exercises necessary to assure proper functioning and use of such 
equipment * * *'' The Coast Guard determined that the use of 
independent laboratories for witnessing or performing certain tests 
and conductions was ``necessary'' to carry out its responsibilities 
under this statutory section. In the notice of proposed rulemaking 
proposing 46 CFR part 159, the Coast Guard explained that ``the 
Coast Guard's marine inspection responsibilities increased while the 
number of personnel available to perform these inspections has not 
increased at a comparable rate.'' 43 FR 49440 (October 23, 1978). 
The Coast Guard promulgated part 159 to ``free some of the Coast 
Guard's limited field personnel for other duties with no change in 
the quality of the approved equipment or material.'' Id.; see also 
44 FR 73038 (December 17, 1979) (Final Rule document promulgating 
part 159).
    \2\ Section 3306 directs ``the Secretary shall prescribed 
necessary regulations to ensure proper execution of, and to carry 
out, this part [addressing inspection and regulation of vessels] in 
the most effective manner for (1) the design, construction, 
alteration, repair, and operation of those vessels [subject to 
inspection] * * *; (2) lifesaving equipment and its use; (3) 
firefighting equipment, its use, and precautionary measures to guard 
against fire; (4) inspections and tests related to paragraphs (1), 
(2), and (3) of this subsection; and (5) the use of vessel stores 
and other supplies of a dangerous nature * * *''
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    The authority for current 46 CFR part 159 is 46 U.S.C. 3306, which 
``contains broad authority to prescribed regulations for proper 
inspection and certification of vessels,'' House Report No. 98-338 
(August 1, 1983), 1983 U.S.C.C.A.N. 924, 954-53, including the specific 
requirement to prescribed regulations to carry out the statutory 
requirements ``in the most effective manner,'' 46 U.S.C. 3306(a). The 
Coast Guard still finds the use of independent laboratories in the 
Coast Guard's approval process to be ``the most effective manner'' of 
executing and carrying out its obligations under section 3306.
    Independent laboratories, accepted by the Coast Guard under 46 CFR 
part 159, assist the Coast Guard in its approval process by performing 
certain tests and conducting certain inspections required for Coast 
Guard approval of equipment and materials. When performing and 
conducting tests, independent laboratories must follow Coast Guard 
standards and procedures, and may deviate from those standards and 
procedures only to require more stringent standards and procedures with 
Coast Guard approval. 46 CFR 159.007-3. Additionally, all accepted 
independent laboratories must be impartial and disinterested in the 
outcome of inspections and tests. See 46 CFR 159.010-3(a)(3)-(5) 
(requiring an independent laboratory not be owned or controlled by a 
manufacturer, vendor, or supplier of materials for the equipment or 
material to be inspected; not be dependent on acceptance as an 
independent laboratory to remain in business, and not advertise or 
promote equipment or materials that the independent laboratory inspects 
or tests.).
    The Coast Guard reviews independent laboratory test and inspection 
reports when determining the approvability of equipment and materials. 
The Coast Guard currently allows accepted independent laboratories to 
witness tests of almost all types of shipboard equipment, including 
certain lifesaving equipment. See, e.g., 46 CFR 160.010-9(a) (approval 
and production tests in subpart 160.010, addressing buoyant 
apparatuses, must be conducted by an independent laboratory); 46 CFR 
160.151-13(a) (manufacturers must arrange for an independent laboratory 
to inspect a prototype liferaft during fabrication); and 46 CFR 
160.151-31(a) (production inspections and tests of inflatable liferafts 
must be carried out in accordance with the procedures for independent 
laboratory inspection).
    Current regulations in 46 CFR part 160, however, require Coast 
Guard inspectors to be involved in all phases of the approval process 
of winches, davits, release mechanisms, lifeboats, and rescue boats. 
See 46 CFR part 160, subparts 160.015 (winches), 160.032 (davits), 
160.033 (release mechanisms), 160.035 (lifeboats), and 160.056 (rescue 
boats).
    Requiring Coast Guard inspectors to directly perform all phases of 
the approval process, however, can cause scheduling delays and 
increased expenses for manufacturers of lifesaving equipment. For 
example, Coast Guard inspectors are not always able to meet 
manufacturers' schedules due to competing inspection demands and 
resource constraints. This can impede productivity and affect the 
availability of approved equipment for U.S. flag vessels. Third-party 
certification bodies may qualify as accepted independent laboratories 
and are often available locally with greater convenience to 
manufacturers.
    Additionally, many manufacturers produce lifesaving equipment for 
multiple flag nations' vessels, and must have their equipment approved 
by each nation. Manufacturers often use third-party certification 
bodies for testing and inspection to satisfy certification requirements 
from other nations. Unless these third parties are qualified to witness 
tests and perform inspections on behalf of more than one nation, 
manufacturers must have their equipment inspected and tested by more 
than one national representative, which carries potential complications 
and delays.
    The Coast Guard has found, through past experiences with U.S. flag 
vessel inspections and shipboard equipment approvals, that permitting 
independent laboratories to do work under appropriate Coast Guard 
oversight ultimately promotes safety, flexibility, and autonomy by 
permitting experts from industry to engage more directly in the 
inspection processes while preserving the Coast Guard's safety and 
stewardship role in the maritime community.
    In this rulemaking, the Coast Guard proposes to extend the use of 
independent laboratories, under the oversight of Coast Guard 
inspectors, in the approval process for additional lifesaving 
equipment. The Coast Guard proposes to require manufacturers to use an 
independent laboratory for prototype fabrication and production 
oversight, and provide the option in certain cases for manufacturers to 
use an independent laboratory, again overseen by the Coast Guard, for 
pre-approval review and prototype testing oversight.

C. Other Revisions

    In this rulemaking, the Coast Guard also proposes to revise the 
structure of certain subparts affected by this rulemaking, and make 
additional, confirming appliance-specific changes to these subparts not 
related to harmonization with international standards or use of 
independent laboratories.

IV. Discussion of Proposed Rule

    The Coast Guard's rules addressing lifesaving equipment are found 
in 46 CFR part 160. Each subpart addresses a specific type of 
lifesaving equipment. The Coast Guard proposes to amend these subparts 
to:
     Harmonize its regulations with IMO standards for launching 
appliances (winches and davits), release mechanisms, survival craft 
(lifeboats, inflatable liferafts, and inflatable buoyant apparatuses), 
and rescue boats, and add new harmonized rules addressing automatic 
disengaging devices;

[[Page 53461]]

     Incorporate the use of independent laboratories, under 
Coast Guard oversight, for Coast Guard approval procedures for 
launching appliances, lifeboats, rescue boats, and release mechanisms, 
and add such use of independent laboratories to proposed new rules 
addressing automatic disengaging devices; and
     Revise the structure of certain subparts affected by this 
rulemaking, and make additional appliance-specific changes to these 
subparts not related to harmonization with international standards or 
use of independent laboratories. This revision would include updating, 
adding, or removing certain standards incorporated by reference and 
creating a new subpart in 46 CFR part 164 addressing resins used in the 
construction of lifeboats and rescue boats. These revisions are 
discussed in more detail in sections IV.C. and D. below.

A. Harmonization With International Standards

    To harmonize Coast Guard requirements for lifesaving equipment 
affected by this rulemaking with international standards that implement 
SOLAS Chapter III, the Coast Guard proposes to incorporate those 
international standards into the proposed rules and provide 
implementing interpretations of those standards in the proposed rules, 
as appropriate.
    The Coast Guard proposes to incorporate by reference, into the 
affected subparts, the following international standards--
     International Life-saving Appliance Code (IMO Resolution 
MSC.48(66), as amended by IMO Resolutions MSC.207(81), MSC.218(82) and 
MSC.272(85));
     Revised recommendation on testing of life-saving 
appliances (IMO Resolution MSC.81(70), as amended by Resolution 
MSC.226(82) and Resolution MSC.274(85));
     MSC Circular 980, Standardized life-saving appliance 
evaluation and test report forms;
     MSC Circular 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats;
     MSC.1 Circular 1205, Guidelines for Developing Operation 
and Maintenance Manuals for Lifeboat Systems;
     IMO Resolution A.658(16) Use and Fitting of Retro-
reflective Materials on Life-saving Appliances; and
     IMO Resolution A.760(18) Symbols Related to Life-Saving 
Appliances and Arrangements.
    Additionally, the Coast Guard proposes to include interpretations 
of certain portions of these IMO documents for each type of equipment, 
as appropriate, in the affected subparts. These proposed 
interpretations, the equipment affected, and the location of the 
interpretations in the proposed rules are discussed below in Table 1: 
IMO Standards and Coast Guard Proposed Interpretations. The Coast Guard 
seeks comment on these interpretations.

     Table 1--IMO Standards and Coast Guard Proposed Interpretations
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                                  USCG proposed      Equipment affected
   International standard        interpretation       in proposed rule
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LSA Code Chapter I/1.2,       USCG would require     Release
 General requirements for      manufacturers to      mechanisms: Sec.
 all lifesaving appliances.    follow the guidance   160.133-7(b)(2);
                               of ASTM F 1166 for    Lifeboats:
                               standard human        Sec.   160.135-
                               engineering           7(b)(1)(ii);
                               practices in the      Rescue
                               design.               boats: Sec.
                                                     160.156-7(b)(1)(ii)
                                                     ;
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-7(b)(2).
LSA Code Chapter I/1.2,       USCG would require     Release
 General requirements for      lifesaving            mechanisms: Sec.
 all lifesaving appliances.    equipment, with the   160.133-7(b)(1);
                               exception of fully    Lifeboats:
                               enclosed lifeboats,   Sec.   160.135-
                               be designed for use   7(b)(1)(i);
                               by persons wearing    Rescue
                               immersion suits.      boats: Sec.
                                                     160.156-7(b)(1)(i);
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-7(b)(1).
LSA Code Chapter I/1.2.2.1,   USCG would require:.   Winches:
 Addressing materials and     1. Manufacturers to    Sec.   160.115-
 workmanship for all           use steel and other   7(b);
 lifesaving appliances.        materials that meet   Davits:
                               specific              Sec.   160.132-
                               requirements.         7(b);
                              2. Joined materials    Release
                               to be compatible      mechanisms: Sec.
                               and meet              160.133-7(b);
                               requirements for      Lifeboats:
                               their mechanical      Sec.   160.135-
                               connections.          7(b);
                              3. Welder              Rescue
                               certifications for    boats: Sec.
                               all welders.          160.156-7(b);
                              4. Hydraulic systems   Automatic
                               used in lifesaving    liferaft
                               systems to conform    disengaging
                               to 46 CFR 58.30.      devices: Sec.
                                                     160.170-7(b).
LSA Code Chapter I/1.2.2.6,   USCG would require     Lifeboats:
 Color of life-saving          the exterior color    Sec.   160.135-
 appliances [this also         to be only vivid      7(b)(24);
 affects LSA Code Chapter IV/  reddish-orange with   Rescue
 4.5 and 4.6 for lifeboats].   certain exceptions    boats: Sec.
                               provided.             160.156-7(b)(26).
LSA Code Chapter I/1.2.2.7,   USCG would require     Lifeboats:
 Retroreflective material.     retroreflective       Sec.   160.135-
                               material be USCG      7(b)(27);
                               approved under 46     Rescue
                               CFR 164.018.          boats: Sec.
                                                     160.156-7(b)(28).
LSA Code Chapter I/1.2.2.9,   USCG would require     Winches:
 Marking of approved           equipment be marked   Sec.   160.115-17;
 equipment.                    as approved.          Davits:
                                                     Sec.   160.132-17;
                                                     Release
                                                     mechanisms: Sec.
                                                     160.133-17;
                                                     Lifeboats:
                                                     Sec.   160.135-17;
                                                     Rescue
                                                     boats: Sec.
                                                     160.156-17;
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-17.
LSA Code Chapter IV/          USCG would specify     Liferafts:
 4.1.5.1.5.                    sea anchor            Sec.   160.151-
                               attachment point.     21(e).
LSA Code Chapter IV/4.1.3.3   USCG would require     Liferafts:
 and 4.1.3.4.                  both interior and     Sec.   160.151-
                               exterior canopy       15(n).
                               lamps to be
                               approved under
                               approval series
                               161.101.\3\

[[Page 53462]]


LSA Code Chapter IV/4.2,      USCG would adopt the   Liferafts
 Addressing inflatable         LSA Code              and inflatable
 liferafts.                    recommendation that   buoyant apparatus:
                               inflation systems     Sec.   160.151-
                               meet the              15(l).
                               requirements of ISO
                               15738.
LSA Code Chapter IV/4.4.1,    USCG would require     Lifeboats:
 Construction of lifeboats.    boats be              Sec.   160.135-
                               constructed of        7(b)(3);
                               steel, aluminum, or   Rescue
                               fiber reinforced      boats: Sec.
                               plastic (FRP), or     160.156-7(b)(3);
                               materials accepted    Resins:
                               by the Commandant     Sec.   164.017.
                               as equivalent or
                               superior.
LSA Code Chapter IV/4.4.4,    USCG would require     Lifeboats:
 Lifeboat buoyancy.            buoyancy material     Sec.   160.135-
                               meet acceptance       7(b)(5);
                               criteria set by       Rescue
                               Commandant.           boats: Sec.
                                                     160.156-7(b)(3)(5).
LSA Code Chapter IV/4.4.6,    USCG would require     Lifeboats:
 Lifeboat propulsion.          lifeboat and rescue   Sec.   160.135-
                               boat engines and      7(b)(6)-(10);
                               associated            Rescue
                               components meet       boats: Sec.
                               acceptance criteria   160.156-7(b)(7)-(11
                               set by Commandant.    ).
                               USCG would require
                               engines also be
                               U.S. EPA certified
                               to the appropriate
                               emissions tier.
LSA Code Chapter IV/4.4.7,    USCG would require     Lifeboats:
 Lifeboat fittings.            certain fittings      Sec.   160.135-
                               and components on     7(b)(11)-(20);
                               lifeboats and         Rescue
                               rescue boats          boats: Sec.
                               required by the LSA   160.156-7(b)(12)-(2
                               Code to meet          3).
                               specific criteria.
LSA Code Chapter IV/4.4.7.6,  USCG would specify     Release
 Addressing release            additional            mechanisms: Sec.
 mechanisms for lifeboats to   requirements for      160.133-7(b).
 be launched by a fall or      the operation and
 falls, except free-fall       performance of
 lifeboats.                    release mechanisms
                               including a
                               requirement for a
                               corrosion resistant
                               and weatherproof
                               instruction placard.
LSA Code Chapter IV/4.4.7.10  USCG would require     Lifeboats:
 and 4.4.7.11, Manually        both interior and     Sec.   160.135-
 controlled lamp and           exterior lamps or     7(b)(19); (20);
 exterior light.               lights to be          rescue
                               approved by the       boats: Sec.
                               Commandant under      160.156-7(b)(20);
                               approval series       (21).
                               161.101.
LSA Code Chapter IV/          USCG would require     Lifeboats:
 4.4.7.12, Adequate view       performance           Sec.   160.135-
 from the control and          criteria for          7(b)(2);
 steering position.            visibility from the   Rescue
                               operator's station.   boats: Sec.
                                                     160.156-7(b)(2).
LSA Code Chapter IV/4.4.8,    USCG would require     Lifeboats:
 Lifeboat equipment.           lifeboat and rescue   Sec.   160.135-
                               boat equipment        7(b)(21);
                               required by the LSA   Rescue
                               Code meet the         boats: Sec.
                               requirements of 46    160.156-7(b)(25).
                               CFR 199.175.
LSA Code Chapter IV/4.8,      USCG would require     Lifeboats:
 Lifeboats with a self-        the air bottles       Sec.   160.135-
 contained air support         used in self-         7(b)(25).
 system.                       contained air
                               support systems
                               meet the
                               requirements of 46
                               CFR 147.60.
LSA Code Chapter IV/4.7.6,    USCG would require     Free-fall
 Addressing release systems    specific              lifeboats: Sec.
 for free-fall lifeboat.       operational and       160.133-7(b)(12)-(1
                               launching             3).
                               requirements,
                               including hydraulic
                               systems, for free-
                               fall boats.
LSA Code chapter VI/6.1.1.3,  USCG would require a   Winches:
 Gravity powered lowering.     clutch to disengage   Sec.   160.115-
                               winch power during    7(b)(6)(ii).
                               lowering.
LSA Code Chapter VI/6.1.1.4,  USCG would require     Winches:
 Accessibility of parts        moving parts to       Sec.   160.115-
 requiring maintenance.        have suitable         7(b)(3);
                               guards.               Davits:
                                                     Sec.   160.132-
                                                     7(b)(3).
LSA Code Chapter VI/6.1.1.9,  USCG would require     Winches:
 Winch motors.                 winch motors to       Sec.   160.115-
                               meet applicable       7(b)(6).
                               requirements of 46
                               CFR 58.30 (if
                               hydraulic), or 46
                               CFR 111 (if
                               electric).
LSA Code Chapter VI/          USCG would require     Winches:
 6.1.1.10, Embarkation time    winches used to       Sec.   160.115-
 standards.                    launch davit-         7(b)(7).
                               launched inflatable
                               liferafts to have a
                               quick return
                               mechanism.
LSA Code Chapter VI/6.1.2.2,  USCG would specify     Winches:
 Arrangement of launching      arrangement of        Sec.   160.115-
 mechanism controls.           portable power        7(b)(6)(iv)-(v).
                               outlet and
                               emergency
                               disconnect switch.
LSA Code Chapter VI/6.1.2.4,  USCG would require     Winches:
 Arrangement of winch drums.   drums be arranged     Sec.   160.115-
                               to ensure even        7(b)(5).
                               winding of falls
                               onto and off
                               multiple-drum
                               winches.
LSA Code Chapter VI/6.1.2.6,  USCG would require     Winches:
 Hand gears.                   power be              Sec.   160.115-
                               disconnected for      7(b)(6)(iii).
                               engaging hand crank.
LSA Code Chapter VI/6.1.2.7,  USCG would specify     Winches:
 Safety devices for powered    requirements for      Sec.   160.115-
 recovery.                     limit switches.       7(b)(6)(vi).
LSA Code Chapter VI/          USCG would require     Winches:
 6.1.2.12, Manual brakes.      winch brake be        Sec.   160.115-
                               positively            7(b)(6)(i).
                               controlled.
LSA Code Chapter VI/6.1.5,    USCG would specify     Liferaft
 Liferaft launching            design and            automatic release
 appliances.                   performance           hooks: Sec.
                               requirements.         160.170-7(b).

[[Page 53463]]


Resolution MSC.81(70) part 1  USCG would require a   Winches:
                               visual inspection     Sec.   160.115-
                               demonstrating         13(d);
                               conformance with      Davits:
                               approved plans.       Sec.   160.132-
                                                     13(d);
                                                     Release
                                                     mechanisms: Sec.
                                                     160.133-13(d);
                                                     Lifeboats:
                                                     Sec.   160.135-
                                                     13(d);
                                                     Rescue
                                                     boats: Sec.
                                                     160.156-13(d);
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-13(d).
Resolution MSC.81(70) part 1/ USCG would require     Release
 6.9, On-load/off-load         additional            mechanisms: Sec.
 release mechanism tests.      prototype test        160.133-13(d).
                               criteria for
                               release mechanisms.
Resolution MSC.81(70) part 1/ USCG would allow       Lifeboats:
 6 and 7, Lifeboat and         release mechanism     Sec.   160.135-
 rescue boat tests.            and engine tests to   13(d); and
                               be performed          Rescue
                               independent of the    boats: Sec.
                               boat.                 160.156-13(d).
MSC.81(70) part 1/6 and 7,    USCG would require     Lifeboats:
 Lifeboat and rescue boat      additional tests      Sec.   160.135-
 tests.                        with supplementary    13(d); and
                               requirements.         Rescue
                                                     boats: Sec.
                                                     160.156-13(d).
Resolution MSC.81(70) part 1/ USCG would require     Liferaft
 8.2, Davit-launched           additional            automatic release
 liferaft automatic release    prototype test        hooks: Sec.
 hook tests.                   criteria for          160.170-13(d).
                               release mechanisms.
MSC.81(70) part 2/1.2,        USCG would require     Winches:
 Addressing quality control    specific provisions   Sec.   160.115-
 procedures and production     for the               15(b);
 test record retention.        implementation of     Davits:
                               the quality control   Sec.   160.132-
                               program required by   15(b);
                               the LSA Code.         Release
                                                     mechanisms: Sec.
                                                     160.133-15(b);
                                                     Lifeboats:
                                                     Sec.   160.135-
                                                     15(b);
                                                     Rescue
                                                     boats: Sec.
                                                     160.156-15(b);
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-15(b).
------------------------------------------------------------------------
\3\ The definition for approval series can be found in 46 CFR 199.30.

     Additional proposed changes to regulations addressing the design, 
construction, and performance of lifesaving equipment, not discussed 
above in Table 1: IMO Standards and Coast Guard Proposed 
Interpretations, are discussed for each lifesaving equipment type in 
sections IV.C. Affected Subparts: Revised and Proposed and IV.D. 
Structure of Part 160 Proposed Subparts.

B. Independent Laboratories

    To incorporate the use of independent laboratories into the 
approval process for lifesaving equipment, the Coast Guard proposes 
to--
     Provide the option, on a case-by-case basis and at the 
discretion and under the oversight of the Commandant (CG-5214) (the 
Lifesaving and Fire Safety Division), for manufacturers to use an 
independent laboratory for pre-approval review;
     Require manufacturers to use an independent laboratory for 
prototype fabrication oversight;
     Provide the option, on a case-by-case basis and at the 
discretion and under the oversight of the Commandant (CG-5214), for 
manufacturers to use an independent laboratory for prototype testing 
oversight; and
     Require manufacturers to use a Coast Guard accepted 
independent laboratory, rather than a Coast Guard inspector, for 
production oversight and quality control.
    The Coast Guard proposes to define the term ``independent 
laboratory'' in each affected subpart by referring to the definition of 
the term in 46 CFR 159.010-3, which includes commercial testing 
laboratories, as well as ``classification societies and agencies of 
governments that are involved in the inspection and testing of marine 
safety equipment that meet the requirements of Sec.  159.010-3.'' As 
discussed above, 46 CFR part 159 contains the Coast Guard's established 
standards and procedures for accepting and recognizing third parties as 
independent laboratories. The Coast Guard proposes to use this term for 
consistency with subpart 159 as well as other subparts contained in 46 
CFR parts 159 through 164 (subchapter Q) and to reinforce that the same 
acceptance standards of 46 CFR 159.010-3 would apply to independent 
laboratories under the proposed new subparts.
    The Coast Guard proposes to rely on these existing regulations and 
requirements in 46 CFR part 159 to accept and approve independent 
laboratories that would be involved in the lifesaving equipment process 
as proposed in this rulemaking.
    As discussed above in III. Background, the Coast Guard currently 
has an approval process for lifesaving equipment. Although the Coast 
Guard typically performs each step of this approval process, 
independent laboratories have been used in the approval process of 
buoyant apparatuses and liferafts. See 46 U.S.C. 3306(a); 46 CFR 
160.010-9, 160.151-13, and 160.151-31. The Coast Guard has used 
independent laboratories in the approval process since 1982 for buoyant 
apparatuses (see 47 FR 41372 (September 20, 1982) (adding in 46 CFR 
part 160, subpart 160.010 with the requirements to that approval and 
production tests must be conducted by an independent laboratory)) and 
since 1997 for liferafts (see 62 FR 25525 (May 9, 1997) (adding 46 CFR 
part 160, subpart 160.151 with the requirements to that independent 
laboratory inspect fabrication of the liferaft and carry out production 
inspections and tests)).
    The proposed rules would expand the use of independent laboratories 
into the approval process for winches, davits, release mechanisms, 
lifeboats, rescue boats and fast rescue boats, and automatic 
disengaging devices. The result of the proposed rules would be to 
provide consistent use of independent laboratories in the Coast Guard 
approval process for all lifesaving equipment required under the 
various vessel and facility regulations in titles 33 and 46 of the CFR.

[[Page 53464]]

    Under the proposed rules, the Coast Guard would be notified of 
tests and inspections conducted by independent laboratories and would 
conduct oversight of the procedures, actions, and decisions of the 
independent laboratories. During the process of acceptance of an 
independent laboratory, the independent laboratory agrees to provide 
Coast Guard access to the place where test inspections are performed to 
verify information submitted and witness tests and inspections. 46 CFR 
159.010-5(a)(7). Additionally, the proposed rules includes additional 
Coast Guard oversight of independent laboratories by stating the 
manufacturer may not proceed with the next phase of the approval 
process until it receives notification that the current phase, 
including those phases performed by independent laboratories, is 
satisfactory to the Coast Guard. The Coast Guard would remain the sole 
issuer of certificates of approval for Coast Guard-approved lifesaving 
equipment. See 46 CFR part 2, subpart 2.75.
    The Coast Guard proposes to require the use of independent 
laboratories to oversee prototype fabrication, production of approved 
equipment, and quality control because these phases do not require any 
decisions regarding the approvability of lifesaving equipment, and only 
require ensuring the equipment generally conforms to approved designs 
and required performance standards. Approvability of lifesaving 
equipment is evaluated during pre-approval review and prototype 
testing. If the Coast Guard reviews design plans and confirms that a 
prototype was constructed to those plans and performs as required, then 
the Coast Guard has been involved in the most critical aspects of 
lifesaving equipment manufacturing. New design or performance issues 
are most likely to appear during the process of preapproval plan review 
and prototype testing, not during prototype fabrication, production of 
approved equipment, and quality control.
    The Coast Guard proposes to allow the use of independent 
laboratories during preapproval plan review and prototype testing, but 
only on a case-by case basis and at the discretion and under the 
oversight of the Commandant (CG-5412). Because preapproval plan review 
and prototype testing phases involve decisions about the acceptability 
and approvability of lifesaving equipment design and performance, the 
Coast Guard intends to permit the use of independent laboratories in 
these phases only for conventional designs that do not substantially 
differ from designs already approved by the Coast Guard. The Coast 
Guard expects that this proposal would free up Coast Guard headquarters 
staff for the evaluation of novel advances and innovations in 
lifesaving equipment. Additionally, the Coast Guard aims to relieve 
manufacturers of the burden of having the same design reviewed, or the 
same prototype tested, by multiple nations to ensure it complies with 
the same international standards. If an independent laboratory is 
accepted as such by several nations, then manufacturers could have 
their conventional designs reviewed, and prototypes of those 
conventional designs tested, by one independent laboratory for approval 
in all of those nations.
1. Preapproval Plan Review: Winches, Davits, Release Mechanisms, 
Lifeboats, Rescue Boats and Fast Rescue Boats, and Automatic 
Disengaging Devices
    Proposed Sec. Sec.  160.115-9(c), 160.132-9(c), 160.133-9(c), 
160.135-9(c), 160.156-9(c), 160.170-9(c) would provide for the use of 
an independent laboratory for preapproval plan review at the request of 
the manufacturer and at the discretion of the Commandant (CG-5214). An 
independent laboratory would conduct preapproval plan review in 
accordance with the procedures agreed upon during the course of Coast 
Guard acceptance of the laboratory under 46 CFR part 159, subpart 
159.010. The scope of the independent laboratory's approval authority 
and the applicable plan review procedures would be determined during 
the independent laboratory's acceptance process under 46 CFR part 159, 
subpart 159.010. As discussed above, the Coast Guard proposes that the 
Commandant (CG-5214) would exercise its discretion to delegate 
preapproval plan review to an independent laboratory primarily for 
routine review of conventional, non-novel designs that meet industry 
standards to free up Coast Guard headquarters staff for the evaluation 
of novel advances and innovations in lifesaving equipment. The Coast 
Guard does not anticipate delegating this performance in any instances 
that require independent laboratories to use their own discretion as to 
what would be acceptable to the Coast Guard.
    This rulemaking would not affect the Coast Guard's control over the 
issuance of Coast Guard certificates of approval. See 46 CFR part 2, 
subpart 2.75. Additionally, under this proposal, the Coast Guard would 
conduct oversight of the plan review procedures used by the independent 
laboratories and handle any appeals under 46 CFR part 159.
2. Witnessing Prototype Fabrication: Lifeboats, and Rescue Boats and 
Fast Rescue Boats
    The Coast Guard proposes to add the use of an independent 
laboratory for witnessing prototype fabrication in proposed Sec. Sec.  
160.135-11 and 160.156-11. Because fabrication of lifeboats, rescue 
boats, and fast rescue boats is more complex as compared to fabrication 
of winches, davits, release mechanisms, and automatic disengaging 
devices, only the proposed rules for the former types of lifesaving 
equipment would require oversight during prototype fabrication.
    Proposed paragraph (b) of these sections would require that an 
independent laboratory oversee specified fabrication, inspections, and 
tests, unless directed otherwise by the Commandant (CG-5214). As 
discussed above, the Coast Guard intends oversight during prototype 
fabrication to ensure that a lifesaving equipment prototype is 
constructed in accordance with the plans approved by the Coast Guard 
during preapproval review. During this phase, the independent 
laboratory would ensure that the manufacturer is following Coast Guard 
direction. The Coast Guard would retain the right to oversee this phase 
of the approval process. See proposed Sec. Sec.  160.135-11(b) and 
160.156-11(b).
    Proposed paragraphs (c) of these sections would require steps for 
the manufacturer to coordinate with the independent laboratory to 
ensure that fabrication of the product complies with the approved 
plans.
3. Prototype Testing: Winches, Davits, Release Mechanisms, Lifeboats, 
Rescue Boats and Fast Rescue Boats, and Automatic Disengaging Devices
    The Coast Guard proposes to include the requirements for the 
prototype testing phase as detailed in proposed Sec. Sec.  160.115-13, 
160.132-13, 160.133-13, 160.135-15, 160.156-13, and 160.170-13. In 
these sections, proposed paragraph (b) would require that the Coast 
Guard conduct the inspections and tests required for prototype testing. 
Proposed paragraph (f), however, would permit an independent laboratory 
to perform the inspections and tests at the request of the manufacturer 
and at the discretion of the Commandant (CG-5214), similar to the 
proposed procedures for preapproval plan review. An independent 
laboratory would have to conduct prototype testing oversight in 
accordance with the procedures agreed upon during Coast Guard 
acceptance of the laboratory under 46 CFR 159.010-5. As with the 
preapproval plan review,

[[Page 53465]]

the Coast Guard proposes that the Commandant (CG-5214) would exercise 
its discretion to delegate prototype testing oversight to an 
independent laboratory. This would primarily be for testing 
conventional designs that do not require direct oversight by the Coast 
Guard because they do not contain any novel features or substantially 
depart from similar designs previously approved by the Coast Guard. 
Under this proposal, the Coast Guard would conduct oversight of 
procedures used by the independent laboratories for testing and handle 
any appeals under 46 CFR part 159.
4. Production and Quality Control: Winches, Davits, Release Mechanisms, 
Lifeboats, Rescue Boats and Fast Rescue Boats, and Automatic 
Disengaging Devices
    Proposed Sec. Sec.  160.115-15, 160.132-15, 160.133-15, 160.135-15, 
160.156-15, and 160.170-15 would require that an independent laboratory 
oversee production fabrication, inspections, and tests, unless directed 
otherwise by the Commandant (CG-5214). Independent laboratory oversight 
during production and quality control would ensure that all production 
of approved lifesaving equipment conforms with the plans approved and 
the prototype tested by the Coast Guard. During this phase, as with 
prototype fabrication, the independent laboratory would ensure that the 
manufacturer is following Coast Guard direction.
    Proposed paragraph (a) of these sections would require that an 
independent laboratory conduct all inspections, tests, and oversight in 
accordance with the procedures for independent laboratory inspection in 
46 CFR part 159, subpart 159.007, unless directed otherwise by the 
Commandant (CG-5214). Under proposed paragraph (a) of these sections, 
the Coast Guard would retain the right to oversee this phase of 
equipment approval, as well as prescribe additional tests and 
inspections necessary to maintain quality control and monitor 
compliance.
    Proposed Sec. Sec.  160.115-15, 160.132-15, 160.133-15, 160.135-15, 
160.156-15, and 160.170-15 would also outline the proposed roles and 
responsibilities for independent laboratories and manufacturers for the 
production and quality control of lifesaving equipment. See proposed 
paragraphs (b) and (d) of these sections. The Coast Guard would 
continue to conduct oversight of production testing and manufacturer 
quality control though its monitoring of independent laboratories under 
46 CFR part 159.
    Proposed paragraph (c) of these sections explains the proposed 
recordkeeping responsibilities for manufacturers and independent 
laboratories. Proposed paragraph (e) of these sections details proposed 
procedures for how and when to witness tests.

C. Affected Subparts: Revised and Proposed

    Part 160 in 46 CFR addresses lifesaving equipment generally and is 
divided into subparts (e.g. 46 CFR part 160, subpart 160.[subpart 
number]) that each address a specific type of lifesaving equipment. In 
the current structure of 46 CFR part 160, the Coast Guard has 
traditionally numbered its subparts according to whether the lifesaving 
equipment addressed by the subpart is approved for use on vessels on 
coastwise routes and other non-international voyages, or for use on 
vessels on international voyages and therefore subject to SOLAS. 
Subparts with ``.0'' (e.g. 46 CFR part 160, subpart 160.0[remainder of 
subpart number]) generally apply to equipment approved for use on 
vessels on coastwise routes and other non-international voyages, and 
subparts with ``.1'' (e.g. 46 CFR part 160, subpart 160.1[remainder of 
subpart number]) apply to lifesaving equipment approved as meeting the 
SOLAS requirements for use on vessels on international voyages.
    In this rulemaking, the Coast Guard proposes to revise subparts, 
remove subparts with ``.0'' and replace them with new subparts with 
``.1'', and add other new subparts to 46 CFR parts 160 and 164. The 
Coast Guard also proposes to add a new subpart to parts 160 and 164 to 
specifically state that the existing and proposed new and revised 
regulations in these parts preempt State and local regulation in the 
same field. For more discussion on preemption and this rulemaking, see 
section VI. E. Federalism, below.
    The Coast Guard proposes to revise, remove, replace, and add 
subparts in 46 CFR parts 160 and 164 as follows:
     Revise 46 CFR part 160, subparts 160.010 (buoyant 
apparatus), 160.051 (inflatable liferafts for domestic service), and 
160.151 (inflatable liferafts--SOLAS).
     Remove 46 CFR part 160, subparts 160.015 (winches), 
160.032 (davits), 160.033 (release mechanisms), and 160.035 
(lifeboats), and replace them with new subparts 160.115, 160.132, 
160.133, and 160.135, respectively.
     Create new 46 CFR part 160, subparts 160.156 (rescue boats 
and fast rescue boats) and 160.170 (liferaft automatic release 
mechanisms).
     Create new 46 CFR part 160, subpart 160.900 (Preemption).
     Create new 46 CFR part 164, subpart 164.017 (Fire 
retardant resins for lifeboats and rescue boats).
     Create new 46 CFR part 164, subpart 164.900 (Preemption).
    For liferafts (subparts 160.051 and 160.151) and rescue boats 
(subparts 160.056 and 160.156), the Coast Guard would continue to 
maintain two sets of regulations for this equipment based on voyage: 
domestic and international approval standards. For lifeboats (subpart 
160.135), launching appliances--davits and winches--(subparts 160.132 
and 160.115), and release mechanisms (subparts 160.133 and 160.170), 
however, there will be no corresponding domestic approval standards. 
The Coast Guard considers the standards for this equipment, as 
described in this proposed rule, to be appropriate to all U.S. flag 
vessels regardless of voyage.
    For buoyant apparatuses (subpart 160.010) there would be no 
corresponding international approval standard. Because buoyant 
apparatuses do not meet the carriage requirements for vessels on 
international routes, and are not addressed in SOLAS, there is no need 
for an international approval subpart addressing buoyant apparatuses.
    If the proposed rule is made final, all equipment approved after 
the effective date of the final rule would be required to conform to 
the appropriate revised, replaced, or added subparts. After the 
effective date of the final rule, winches, davits, lifeboats, and 
lifeboat release mechanisms approved under the subparts proposed for 
removal (subparts 160.015, 160.032, 160.033, and 160.035) could 
continue to be used as replacements-in-kind as permitted under the 
applicable vessel inspection subchapters of the CFR, but could not be 
used for new installations. Manufacturers of liferafts would have to 
demonstrate that designs previously approved under the current 
regulations comply with the revised regulations prior to the expiration 
of their current approvals. Liferafts in service previously approved 
under the current regulations would not have to be replaced, provided 
that they remain in serviceable condition. See proposed Sec. Sec.  
160.051-1 and 160.151-1. However, when they become non-serviceable, and 
thus must be replaced, they would have to be replaced with a liferaft 
that conforms to the revised subpart.
1. Revised 46 CFR Part 160, Subpart 160.010--Buoyant Apparatuses
    Current subpart 160.010 contains regulations regarding design,

[[Page 53466]]

construction, and approval of buoyant apparatuses. The Coast Guard 
proposes to retain this subpart because buoyant apparatuses are used 
only on coastwise and other non-ocean or non-international routes. See 
46 CFR 199.630(a) (table referencing buoyant apparatus for Coastwise; 
Great Lakes; Lakes, Bays, & Sounds routes). The Coast Guard proposes to 
update the references to international standards for inflatable 
liferafts that the Coast Guard has already applied to inflatable 
buoyant apparatuses and incorporated into the existing regulations. See 
proposed 46 CFR 160.010-1(c). These inflatable liferaft standards are 
suitable standards to apply to inflatable buoyant apparatuses because 
of the similarity between inflatable buoyant apparatuses and inflatable 
liferafts. Subpart 160.010 already incorporates IMO standards, but the 
incorporated standards are currently outdated due to the transfer of 
part C of SOLAS chapter III to the IMO LSA Code. Coast Guard 
interpretations of these standards as applied to inflatable buoyant 
apparatuses are discussed above in Table 1: IMO Standards and Coast 
Guard Proposed Interpretations.
2. Revised 46 CFR Part 160, Subparts 160.051 and 160.151--Inflatable 
Liferafts
    Current subparts 160.051 and 160.151 contain regulations regarding 
design, construction, and approval of inflatable liferafts for domestic 
service, and inflatable liferafts that are SOLAS compliant for 
international service, respectively. These subparts already incorporate 
IMO standards, but as discussed above, the incorporated standards are 
currently outdated. The Coast Guard proposes to retain these subparts 
and update the IMO standards incorporated. Those IMO standards and 
Coast Guard interpretations of those standards are discussed above in 
Table 1: IMO Standards and Coast Guard Proposed Interpretations. The 
Coast Guard proposes changing the requirement for replacing survival 
equipment items in Sec.  160.151-57(b)(5)(i) from ``replaced if its 
expiration date has passed'' at the time of servicing to ``replaced at 
the time of servicing if there is less than 6 months remaining before 
the expiration date,'' to harmonize with the recommendation found in 
IMO Resolution A.761(18) and prevailing international practice.
    The Coast Guard also proposes to amend the requirement in 46 CFR 
160.151-21(e) to specify where on the liferaft the sea anchor should be 
attached. Recently, the Coast Guard became aware that the positioning 
of sea anchors on some liferafts may pose a safety issue. While the IMO 
standards and Coast Guard regulations address sea anchors, they do not 
specifically address their positioning; requiring only that the sea 
anchor will cause the liferaft to lie oriented to the wind in the most 
suitable manner (LSA Code 4.1.5.1.5). The Commercial Fishing Industry 
Vessel Safety Advisory Committee (CFIVSAC) brought to the Coast Guard's 
attention that the lack of a more specific positioning requirement 
could potentially endanger the lives of personnel onboard a liferaft. 
The industry has observed that when the sea anchor is tied-off at the 
entry door, it can interfere with boarding the liferaft, and keeps the 
raft entry oriented towards the oncoming seas and wind, potentially 
jeopardizing the safety of the liferaft occupants.
    In the course of investigating the concerns raised by the CFIVSAC, 
the Coast Guard has communicated with representatives from all current 
manufacturers of Coast Guard-approved liferafts. Those manufacturers 
provided individual feedback and opinions, which influenced the wording 
of the proposed rule. A majority of the individuals responding 
recommended that the sea anchor be attached to the raft in a position 
so as to orient the primary entrance away from the seas as far as 
practicable, while still allowing the sea anchor to be retrieved by a 
person inside the raft.
    Therefore, proposed 46 CFR 160.151-21(e) would require that sea 
anchors be attached to the raft in a position so as to orient the 
primary entrance away from the seas as far as practicable, while still 
allowing the sea anchor to be retrieved by a person inside the raft.
    If you are a manufacturer of sea anchors and/or liferafts and did 
not have the opportunity to provide feedback and opinions previously, 
the Coast Guard welcomes your comments now.
3. Proposed 46 CFR Part 160, Subparts 160.115 and 160.132--Launching 
Appliances--Winches and Davits
    Proposed subparts 160.115 and 160.132 contain the proposed 
regulations regarding design, construction, and approval of launching 
appliances. Proposed subpart 160.115 addresses winches and proposed 
subpart 160.132 addresses davits, currently governed by subparts 
160.015 and 160.032, respectively. Proposed subparts 160.115 and 
160.132 retain many of the requirements in subparts 160.015 and 
160.032, respectively, as discussed below in section IV.D. Structure of 
Part 160 Proposed Subparts.
    Although 46 CFR part 160, subparts 160.015 and 160.032 currently 
apply only to lifeboat winches and davits, the Coast Guard proposes to 
expand the scope of the new subparts to also cover launching appliances 
used for davit-launched rescue boats and liferafts. See proposed 
Sec. Sec.  160.115-1 and 160.132-1. The Coast Guard has determined that 
the same basic LSA Code standards apply to liferaft and rescue boat 
launching appliances as well as lifeboat and rescue boat launching 
appliances. Therefore, the Coast Guard proposes to address all 
launching appliances used to launch a lifeboat, rescue boat, or davit-
launched liferaft in proposed subparts 160.115 and 160.132.
    The Coast Guard has, in the past, approved liferaft launching 
appliances under approval series \4\ 160.163 (SOLAS). Current 
regulations contained in 46 CFR part 199 (subchapter W) and other 
vessel inspection subchapters refer to approval series 160.163 for 
requirements for launching appliances for davit-launched liferafts; 
however, 46 CFR part 160 does not contain a subpart addressing liferaft 
launching appliances. Based on the expanded scope of the proposed 
subparts discussed above, the Coast Guard proposes to replace all 
references to ``approval series 160.163'' in 46 CFR with the proposed 
46 CFR part 160, subparts 160.115 and 160.132, as appropriate for new 
approvals. Vessels may continue to utilize existing liferaft launching 
appliances approved under approval series 160.163 prior to the 
effective date of the rule. See proposed Sec. Sec.  108.550, 117.150, 
133.150, 180.150, and 199.150.
---------------------------------------------------------------------------

    \4\ The definition for approval series can be found in 46 CFR 
199.30.
---------------------------------------------------------------------------

4. Proposed 46 CFR Part 160, Subpart 160.133--Release Mechanisms
    Proposed subpart 160.133 contains the proposed regulations 
regarding design, construction, and approval of release mechanisms, 
which is currently governed by 46 CFR part 160, subpart 160.033 
(Mechanical Disengaging Apparatus, Lifeboat, for Merchant Vessels). 
Proposed subpart 160.133 revises and replaces the regulations in 
subpart 160.033, as discussed below in section IV.D. Structure of Part 
160 Proposed Subparts.
5. Proposed 46 CFR Part 160, Subpart 160.135--Lifeboats
    Construction of Coast Guard-approved lifeboats is currently 
governed by 46 CFR part 160, subpart 160.035. Proposed new subpart 
160.135 would completely replace subpart 160.035. Proposed subpart 
160.135 would

[[Page 53467]]

address davit launched, as well as free-fall lifeboats, which would 
change the scope from subpart 160.035. When subpart 160.035 was 
promulgated, free-fall lifeboats did not exist. Because the same basic 
IMO standards apply to both types of lifeboats, proposed subpart 
160.135 addresses both.
6. Proposed 46 CFR Part 160, Subpart 160.156--Rescue Boats and Fast 
Boats
    Construction of Coast Guard-approved rescue boats is currently 
governed by 46 CFR part 160, subpart 160.056, which addresses only non-
SOLAS compliant, simple boats approved locally by the Officer in 
Charge, Marine Inspection (OCMI). Proposed subpart 160.156 would 
contain the proposed regulations regarding design, construction, and 
approval of rescue boats and fast rescue boats complying with SOLAS. 
When subpart 160.056 was promulgated, fast rescue boats did not exist. 
Proposed subpart 160.156, however, would not replace subpart 160.056. 
The Coast Guard proposes to retain subpart 160.056 as an acceptable 
alternative rescue boat for certain classes of vessels as permitted by 
titles 33 and 46 of the CFR.
7. Proposed 46 CFR Part 160, Subpart 160.170--Automatic Disengaging 
Devices
    Currently 46 CFR part 160 does not contain a subpart addressing 
automatic disengaging devices that can be used to launch liferafts and 
single fall rescue boats. However, 46 CFR part 199 (subchapter W) makes 
reference to these devices via approval series 160.170. See, e.g., 46 
CFR 199.150(a)(2). The Coast Guard proposes a new subpart 160.170 to 
incorporate the requirements in the IMO LSA Code and Recommendation on 
Testing with Coast Guard interpretations of those requirements as 
discussed above in Table 1: IMO Standards and Coast Guard Proposed 
Interpretations.
8. Proposed 46 CFR Part 160, Subpart 164.017--Fire Retardant Resins for 
Lifeboats and Rescue Boats
    Currently, the requirements for resins used in the construction of 
fiberglass-reinforced plastic lifeboats are contained in 46 CFR 
160.035-8(b). There are no corresponding requirements in subpart 
160.056. Resins, unlike lifesaving equipment, do not receive a 
certificate of approval from the Commandant (CG-5214), but must still 
be accepted by the Commandant (CG-5214) for use in the manufacture of 
Coast Guard-approved lifeboats and rescue boats.
    Because of the relative comprehensiveness of the fire retardant 
resin standards, the Coast Guard proposes to separate the resin 
requirements from the design, construction, and performance standards 
and create a new subpart in part 164. Rather than include the resin 
requirements in proposed subparts 160.135 and 160.156, these proposed 
subparts would cross-reference 164.017.
    Proposed subpart 164.017 would retain the main requirements of 46 
CFR 160.035-8(b), including the requirement that manufacturers use 
independent laboratories to test and certify that their resin meets the 
proposed requirements and submit an application for acceptance of the 
resin to the Commandant (CG-5214). The Coast Guard proposes revising 
the structure of the resin requirements to conform to the structure of 
a CFR subpart, and would include a scope for the subpart as well as 
definitions.
    The scope of proposed subpart 164.017 would state that the subpart 
contains performance requirements, acceptance tests, and production 
testing and inspection requirements for fire retardant resins used in 
the construction of lifeboats and rescue boats approved under proposed 
46 CFR part 160, subparts 160.135 and 160.156. See proposed Sec.  
164.017-1. The definitions would include a definition of ``acceptance'' 
modeled after the definition in 46 CFR 164.019-3, and the definitions 
for ``Commandant'' and ``independent laboratory'' included in each of 
the proposed new subparts (160.115, 160.132, 160.133, 160.135, 160.156 
and 160.170), discussed below under section IV.D. Structure of Part 160 
Proposed Subparts.
    The Coast Guard proposes to update and replace some of the resin 
standards currently incorporated by reference in 46 CFR 160.035-8(b). 
The standards proposed for incorporation by reference in proposed 
subpart 164 would appear in proposed Sec.  164.017-5, and are discussed 
below in section IV.D. Structure of Part 160 Proposed Subparts. The 
Coast Guard proposes including the use of equivalent international 
standards as an alternative to national consensus standards. See 
proposed Sec.  164.017-7.
    The Coast Guard also proposes to include a new procedure for Coast 
Guard acceptance of material changes from any resin accepted under 
proposed subpart 164.017. See proposed Sec.  164.017-15.

D. Structure of Part 160 Proposed Subparts

    The structure of each of the proposed new subparts in part 160 
(subparts 160.115, 160.132, 160.133, 160.135, 160.156 and 160.170) 
would be similar to aid in readability and familiarity with the 
proposed rules for the affected lifesaving equipment. Additionally, 
much of regulatory text addressing the approval process in the proposed 
new subparts would be substantially similar across the new subparts. 
The major difference in regulatory text in the new subparts would be 
the technical requirements for specific lifesaving equipment. The 
technical requirements affected by IMO standards are discussed in 
detail in Table 1: IMO Standards and Coast Guard Proposed 
Interpretations, and any additional equipment-specific proposed 
requirements are noted in each section below.
    The general structure of the proposed new subparts would be as 
follows:
     Sec.  160.[subpart number]-1 Scope.
     Sec.  160.[subpart number]-3 Definitions.
     Sec.  160.[subpart number]-5 Incorporation by reference.
     Sec.  160.[subpart number]-7 Design, construction, and 
performance of [name of lifesaving equipment addressed by the subpart].
     Sec.  160.[subpart number]-9 Preapproval review.
     Sec.  160.[subpart number]-11 Fabrication of prototype 
[name of lifesaving equipment addressed by the subpart] for approval.
     Sec.  160.[subpart number]-13 Approval inspections and 
tests for prototype [name of lifesaving equipment addressed by the 
subpart].
     Sec.  160.[subpart number]-15 Production inspections, 
tests, quality control, and conformance of [name of lifesaving 
equipment addressed by the subpart].
     Sec.  160.[subpart number]-17 Marking and labeling.
     Sec.  160.[subpart number]-19 Operating instructions and 
information for the ship's training manual.
     Sec.  160.[subpart number]-21 Operation and maintenance 
instructions.
     Sec.  160.[subpart number]-23 Procedure for approval of 
design or material change.
1. Section 160.[subpart number]-1 Scope
    This section would state that the subpart prescribes standards, 
tests, and procedures to seek Coast Guard approval of the specific type 
of lifesaving equipment addressed by the

[[Page 53468]]

proposed new subpart. Proposed differences in the scope between an 
existing subpart and a proposed subpart to replace that existing 
subpart are discussed above in section IV.C. Affected Subparts Revised 
and Proposed.
2. Section 160.[subpart number]-3 Definitions
    This section would contain the definitions of terms for the 
proposed new subpart. As discussed above in section IV.B. Independent 
Laboratories, the definition of ``independent laboratory'' would appear 
in each subpart and would have the same meaning as the term defined in 
46 CFR 159.010-3. The definitions of ``Commandant'' and ``SOLAS'' would 
appear in each subpart. The Coast Guard borrowed these definitions from 
46 CFR 160.151-3 and updated them to reflect the Coast Guard's address 
and recent SOLAS amendments. ``Commandant'' would mean the Commandant 
(CG-5214), which is the Lifesaving and Fire Safety Division that 
administers the Coast Guard approval process for lifesaving equipment. 
The Coast Guard also proposes adding to each new subpart a definition 
for ``OCMI'', an Officer in Charge, Marine Inspection, which is 
borrowed from 46 CFR 175.400.
    This section of the proposed subparts would also contain any 
definitions specific to a subpart as follows.
    Proposed Sec. Sec.  160.133-3 and 160.170-3 (Release Mechanisms and 
Automatic Disengaging Devices): These sections would contain two 
additional definitions: ``light load'' and ``full load'' of lifeboats 
and rescue boats, which also are referred to as the ``condition A'' and 
``condition B'' weights of the boats.
    Proposed Sec. Sec.  160.135-3 and 160.156-3 (Lifeboats and Rescue 
Boats and Fast Rescue Boats): These sections would contain the same 
``light load'' and ``full load'' definitions proposed in Sec.  160.133-
3 and would also provide definitions for ``fiberglass reinforced 
plastic (FRP)'' and ``positive stability.''
3. Section 160.[subpart number]-5 Incorporation by reference & Proposed 
Sec.  164.017-5
    Section 160.[subpart number]-5 would list the IMO standards that 
the Coast Guard proposes to incorporate to harmonize its regulations 
with international standards. Section 160.[subpart number]-5 would also 
list other technical standards incorporated by reference that are 
specific to that particular subpart, and are used in Coast Guard 
interpretations of the IMO standards. Section 164.017-5 would list 
technical standards incorporated by reference in proposed new 46 CFR 
part 160, subpart 164.017. The technical standards in Sec. Sec.  
160.[subpart number]-5 and 164.017-5 include recommended guidelines 
from IMO that the Coast Guard proposes to incorporate by reference as 
required standards. IMO standards and other technical standards 
included in these sections are either new standards or updated from a 
previous version of a similar standard and are discussed below in Table 
2: New and Updated Standards Incorporated by Reference. For more 
information about incorporation by reference, see section V. 
Incorporation by Reference below.
    These sections would use the standards currently incorporated by 
reference in the subparts the Coast Guard proposes to remove that the 
Coast Guard has determined are still applicable, and would update other 
such standards. The Coast Guard would not retain other specifications 
that are no longer used.

                          Table 2--New and Updated Standards Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
             Organization                       Title                 Description           Equipment affected
----------------------------------------------------------------------------------------------------------------
American Society for Testing and       A 36/A 36M-08 Standard   Provides a               Davits, release
 Materials (ASTM).                      Specification for        specification for        mechanisms, lifeboats,
                                        Carbon Structural        carbon steel shapes,     rescue boats, and
                                        Steel.                   plates, and bars of      automatic disengaging
                                                                 structural quality for   devices.
                                                                 use in bolted or
                                                                 welded construction of
                                                                 the load bearing steel
                                                                 components of
                                                                 lifesaving appliances
                                                                 in column 3.
                                       A 216/A 216M-08          Provides a               Davits.
                                        Standard Specification   specification for
                                        for Steel Castings,      carbon steel castings
                                        Carbon, Suitable for     for assembly with
                                        Fusion Welding for       other castings or
                                        High-Temperature         wrought-steel parts by
                                        Service.                 fusion welding.
                                       B 127-05(2009) Standard  Provides a standard      Lifeboats and rescue
                                        Specification for        specification for        boats.
                                        Nickel-Copper Alloy      nickel-copper alloys
                                        (UNS N04400) Plate,      to be used in the
                                        Sheet, and Strip.        construction of fuel
                                                                 tanks.
                                       B 209-07 Standard        Provides a standard      Lifeboats and rescue
                                        Specification for        specification for        boats.
                                        Aluminum and Aluminum-   aluminum and aluminum
                                        Alloy Sheet and Plate.   alloys to be used in
                                                                 the construction of
                                                                 lifeboats and rescue
                                                                 boats.
                                       D 543-06 Standard        Provides a method for    Lifeboat and rescue
                                        Practices for            testing FRP to           boat resins.
                                        Evaluating the           standard test chemical
                                        Resistance of Plastics   reagents; alternative
                                        to Chemical Reagents.    method to ISO 175.
                                       D 570-98(2005) Standard  Provides a method to     Lifeboat and rescue
                                        Test Method for Water    perform a 24-hour        boat resins.
                                        Absorption of Plastics.  water immersion test
                                                                 for FRP; alternative
                                                                 method to ISO 62.
                                       D 638-08 Standard Test   Provides a standard for  Lifeboat and rescue
                                        Method for Tensile       determining the          boat resins.
                                        Properties of Plastics.  tensile strength of
                                                                 laminate samples taken
                                                                 from (or
                                                                 representative of)
                                                                 major components of
                                                                 the lifeboat;
                                                                 alternative method to
                                                                 ISO 527.

[[Page 53469]]


                                       A 653/A 653M-08          Provides a               Release mechanisms,
                                        Standard Specification   specification for        lifeboats, rescue
                                        for Steel Sheet, Zinc-   steel sheet, zinc-       boats, and automatic
                                        Coated (Galvanized) or   coated (galvanized) or   disengaging devices.
                                        Zinc-Iron Alloy-Coated   zinc-iron alloy-coated
                                        (Galvannealed) by the    (galvannealed) by the
                                        Hot-Dip Process.         hot-dip process in
                                                                 coils and cut lengths.
                                                                 Steel requiring
                                                                 protective coatings
                                                                 must meet the
                                                                 requirements of A 653.
                                       D 695-(08) Standard      Provides a method for    Lifeboat and rescue
                                        Test Method for          determining ultimate     boat resins.
                                        Compressive Properties   compressive strength
                                        of Rigid Plastics.       of FRP; alternative
                                                                 method to ISO 604.
                                       D 790-07e1 Standard      Provides a standard      Lifeboat and rescue
                                        Test Methods for         method for               boat resins.
                                        Flexural Properties of   determination of the
                                        Unreinforced and         ultimate strength of
                                        Reinforced Plastics      laminate samples taken
                                        and Electrical           from (or
                                        Insulating Materials.    representative of)
                                                                 major components of
                                                                 the lifeboat or rescue
                                                                 boat; alternative
                                                                 method to ISO 14125.
                                       D 792-08 Standard Test   Provides a method for    Lifeboat and rescue
                                        Methods for Density      evaluating the density   boat resins.
                                        and Specific Gravity     of cured unfilled
                                        (Relative Density) of    resins; an alternative
                                        Plastics by              method to ISO 1183-1.
                                        Displacement.
                                       D 1045-08 Standard Test  Provides a method to     Lifeboat and rescue
                                        Methods for Sampling     determine specific       boat resins.
                                        and Testing              gravity of uncatalyzed
                                        Plasticizers Used in     liquid resins; an
                                        Plastics.                alternative method to
                                                                 ISO 1675.
                                       D 1824-95(2002)          Provides a method to     Lifeboat and rescue
                                        Standard Test Method     determine viscosity of   boat resins.
                                        for Apparent Viscosity   uncatalyzed liquid
                                        of Plastisols and        resins; an alternative
                                        Organosols at Low        method to ISO 255.
                                        Shear Rates.
                                       D 2471-99 Standard Test  Provides a method for    Lifeboat and rescue
                                        Method for Gel Time      measuring the maximum    boat resins.
                                        and Peak Exothermic      temperature (peak
                                        Temperature of           exotherm) reached by a
                                        Reacting Thermosetting   reacting thermosetting
                                        Resins.                  plastic composition
                                                                 and the time from
                                                                 initial mixing of the
                                                                 reactants of a
                                                                 thermosetting plastic
                                                                 composition to the
                                                                 time when
                                                                 solidification
                                                                 commences (gel time);
                                                                 ISO 2535 provides an
                                                                 alternative to the gel
                                                                 time determination
                                                                 method only.
                                       D 2583-07 Standard Test  Provides a test method   Lifeboat and rescue
                                        Method for Indentation   for the determination    boat resins.
                                        Hardness of Rigid        of indentation
                                        Plastics by Means of a   hardness of both
                                        Barcol Impressor.        reinforced and
                                                                 nonreinforced rigid
                                                                 plastics using a
                                                                 Barcol Impressor,
                                                                 Model No. 934-1 and
                                                                 Model No. 935; an
                                                                 alternative method to
                                                                 ISO 2039 (series).
                                       D 2584-08 Standard Test  Provides a test method   Lifeboat and rescue
                                        Method of Ignition       for the determination    boat resins.
                                        Loss of Cured            of the ignition loss
                                        Reinforced Resins.       of cured reinforced
                                                                 resins which can be
                                                                 equated to the resin
                                                                 content within
                                                                 limitations defined in
                                                                 the standard; an
                                                                 alternative to ISO
                                                                 1172.
                                       D 4029-09 Standard       Provides a standard for  Lifeboats and rescue
                                        Specification for        finished, woven          boats.
                                        Finished Woven Glass     electrical grade
                                        Fabrics.                 fabric in the
                                                                 construction of FRP.
                                       F 1014-02(2007)          Specifies Type I; Type   Inflatable liferafts.
                                        Standard Specification   II; and Type III
                                        for Flashlights on       flashlights.
                                        Vessels.
                                       F 1166-07 Standard       Provides a standard for  Inflatable liferafts,
                                        Practice for Human       ergonomic design         release mechanisms,
                                        Engineering Design for   criteria from a human-   lifeboats, rescue
                                        Marine Systems,          machine perspective to   boats, and automatic
                                        Equipment, and           be applied to the        disengaging devices.
                                        Facilities.              design and
                                                                 construction of
                                                                 lifesaving appliances
                                                                 listed in column 3.

[[Page 53470]]


                                       G 154-06 Standard        Provides a method for    Lifeboats and rescue
                                        Practice for Operating   the accelerated          boats.
                                        Fluorescent Light        weathering test of FRP.
                                        Apparatus for UV
                                        Exposure of
                                        Nonmetallic Materials.
General Services Administration (GSA)  Federal Standard 595C--  Provides a standard for  Lifeboats, rescue
                                        Colors Used in           vivid reddish orange     boats, buoyant
                                        Government Procurement.  on the exteriors of      apparatuses, and
                                                                 the lifesaving           liferafts.
                                                                 appliances listed in
                                                                 column 3.
International Maritime Organization    International Life-      Provides the design,     Davits, winches,
 (IMO).                                 Saving Appliance Code,   construction and         release mechanisms,
                                        (IMO Resolution          performance standard     lifeboats, rescue
                                        MSC.48(66), as           for SOLAS required       boats, automatic
                                        amended).                life-saving appliance.   disengaging devices,
                                                                                          and buoyant
                                                                                          apparatuses.
                                       IMO Resolution           Provides standardized    Liferafts.
                                        A.657(16) Instructions   instructions for
                                        for Action in Survival   people in liferafts.
                                        Craft.
                                       IMO Resolution           Provides a standard for  Lifeboats, rescue
                                        A.658(16) Use and        retro-reflective         boats, liferafts and
                                        Fitting of Retro-        material.                buoyant apparatuses.
                                        reflective Materials
                                        on Life-saving
                                        Appliances.
                                       IMO Resolution           Provides a standard      Davits, winches,
                                        A.760(18) Symbols        catalogue of symbols     release mechanisms,
                                        Related to Life-Saving   to be used in life-      lifeboats, rescue
                                        Appliances and           saving appliance         boats, automatic
                                        Arrangements.            manuals and placards.    disengaging devices,
                                                                                          and buoyant
                                                                                          apparatuses.
                                       IMO Revised              Provides the testing     Davits, winches,
                                        Recommendation on        requirements for all     release mechanisms,
                                        testing of life-saving   life-saving appliances   lifeboats, rescue
                                        appliances, IMO          required by SOLAS.       boats, automatic
                                        Resolution MSC.81(70)                             disengaging devices,
                                        as amended.                                       and buoyant
                                                                                          apparatuses.
                                       MSC Circ. 980,           Provides a concise,      Winches, davits,
                                        Standardized life-       standard format for      lifeboats, rescue
                                        saving appliance         documenting prototype    boats, release
                                        evaluation and test      testing.                 mechanisms, and
                                        report forms.                                     automatic disengaging
                                                                                          devices.
                                       MSC/Circ. 1006,          Provides an alternative  Lifeboat and rescue
                                        Guidelines On Fire       to MIL-R-7575C and MIL-  boat resins.
                                        Test Procedures For      R-21607E(SH) for the
                                        Acceptance Of Fire-      fire-resistance tests
                                        Retardant Materials      of FRP used in
                                        For The Construction     lifeboat construction.
                                        Of Lifeboats.
                                       MSC.1 Circ. 1205,        Provides a standard      Lifeboats, winches,
                                        Guidelines for           format for               davits, lifeboats,
                                        Developing Operation     manufacturers to         rescue boats, release
                                        and Maintenance          present their            mechanisms, and
                                        Manuals for Lifeboat     Operations and           automatic disengaging
                                        Systems.                 Maintenance manuals.     devices.
International Organization for         62:2008 Plastics--       Provides an alternative  Lifeboat and rescue
 Standardization (ISO).                 Determination of water   test method to ASTM D    boat resins.
                                        absorption.              570.
                                       175:1999 Plastics--      Provides an alternative  Lifeboat and rescue
                                        Methods of tests for     test method to ASTM D    boat resins.
                                        the determination of     543.
                                        the effects of
                                        immersion in liquid
                                        chemicals.
                                       14125:1998 Fibre-        Provides an alternative  Lifeboat and rescue
                                        reinforced plastic       test method to ASTM D    boat resins.
                                        composites--Determinat   790.
                                        ion of flexural
                                        properties.
                                       527-1:1993 Plastics--    Provides an alternative  Lifeboat and rescue
                                        Determination of         test method to ASTM D    boat resins.
                                        tensile properties.      638.
                                       604:2002 Plastics--      Provides an alternative  Lifeboat and rescue
                                        Determination of         test method to ASTM D    boat resins.
                                        compressive properties.  695.
                                       1172:1996 Textile-glass- Provides an alternative  Lifeboat and rescue
                                        reinforced plastics--    test method to ASTM D    boat resins.
                                        Prepregs, moulding       2584.
                                        compounds and
                                        laminates--Determinati
                                        on of the textile-
                                        glass and mineral-
                                        filler content--
                                        Calcination methods.
                                       1183-1:2004 Plastics--   Provides an alternative  Lifeboat and rescue
                                        Methods for              test method to ASTM D    boat resins.
                                        determining the          792.
                                        density of non-
                                        cellular plastics--
                                        Part 1: Immersion
                                        method, liquid
                                        pyknometer method and
                                        titration method.
                                       1675:1985 Plastics--     Provides an alternative  Lifeboat and rescue
                                        Liquid resins--          test method to ASTM D    boat resins.
                                        Determination of         1045.
                                        density by the
                                        pyknometer method.
                                       2039-1:2001              Provides an alternative  Lifeboat and rescue
                                        Determination of         test method to ASTM D    boat resins.
                                        hardness--Part 1: Ball   2583.
                                        indentation method.

[[Page 53471]]


                                       2039-2:1987              Provides an alternative  Lifeboat and rescue
                                        Determination of         test method to ASTM D    boat resins.
                                        hardness--Part 2:        2583.
                                        Rockwell hardness.
                                       2114:2000 Plastics       Provides an alternative  Lifeboat and rescue
                                        (polyester resins) and   test method to ASTM D    boat resins.
                                        paints and varnishes     1045.
                                        (binders)--Determinati
                                        on of partial acid
                                        value and total acid
                                        value.
                                       2535:2001 Plastics--     Provides an alternative  Lifeboat and rescue
                                        Unsaturated-polyester    test method of ASTM D    boat resins.
                                        resins--Measurement of   2471.
                                        gel time at ambient
                                        temperature.
                                       2555:1989 Plastics--     Provides an alternative  Lifeboat and rescue
                                        Resins in the liquid     test method to ASTM D    boat resins.
                                        state or as emulsions    1824.
                                        or dispersions--
                                        Determination of
                                        apparent viscosity by
                                        the Brookfield test
                                        method.
                                       15372:2000, Ships and    Provides a standard for  Rescue boats.
                                        marine technology--      the textiles used in
                                        Inflatable rescue        the buoyancy chambers
                                        boats--Coated fabrics    of inflatable and
                                        for inflatable           rigid-hull inflatable
                                        chambers.                rescue boats.
                                       15738:2002, Ships and    Provides a standard for  Liferafts.
                                        marine technology--Gas   inflation systems.
                                        Inflation systems for
                                        inflatable life-saving
                                        appliances.
                                       17339:2002, Ships and    Provides sea anchor      Liferafts.
                                        marine technology--Sea   construction standards.
                                        anchors for survival
                                        craft and rescue boats.
                                       18813:2006, Ships and    Provides construction    Liferafts.
                                        marine technology--      standards for various
                                        Survival equipment for   survival equipment
                                        survival craft and       items.
                                        rescue boats.
Society of Automotive Engineers (SAE)  J1527-93, Marine Fuel    Provides a standard for  Rescue boats.
                                        Hoses.                   USCG type A fuel hoses
                                                                 required on outboard
                                                                 engines.
U.S. Military Specification..........  A-A-55308, Cloth And     Provides a standard for  Lifeboats.
                                        Strip, Laminated Or      the cloth used in
                                        Coated, Vinyl Nylon Or   foldable canopies on
                                        Polyester, High          partially enclosed
                                        Strength, Flexible.      lifeboats.
                                       MIL-C-19663D: Cloth,     Provides a standard      Lifeboats and rescue
                                        Woven Roving, For        requirement for ``E''    boats.
                                        Plastic Laminate, 4      glass woven textiles
                                        AUG 1998.                for use in FRP.
                                       MIL-C-17415E--Cloth,     Provides a standard for  Liferafts.
                                        Coated, and Webbing,     materials to be used
                                        Inflatable Boat and      for canopy, seam tape,
                                        Miscellaneous Use.       inflatable floor, and
                                                                 other inflatable and
                                                                 structural components.
                                       MIL-P-17549D(SH):        Provides standard        Lifeboats and rescue
                                        Plastic Laminates,       minimum mechanical       boats.
                                        Fibrous Glass            properties of laminate
                                        Reinforced, Marine, 31   samples taken from
                                        AUG 1981.                finished FRP
                                                                 components, e.g. hull
                                                                 & canopy.
                                       MIL-P-19644 C--Plastic   Provides plastic foam    Buoyant apparatuses.
                                        Molding Material         standards.
                                        (Polystyrene Foam,
                                        Expanded Bead).
                                       MIL-P-21929 B--Plastic   Provides plastic foam    Buoyant apparatuses.
                                        Material, Cellular       standards.
                                        Polyurethane, Foam-In-
                                        Place, Rigid (2 and 4
                                        Pounds per Cubic Foot).
                                       MIL-P-40619 A--Plastic   Provides plastic foam    Buoyant apparatuses.
                                        Material, Cellular,      standards.
                                        Polystyrene (For
                                        Buoyancy Applications).
                                       MIL-R-7575 C--Resin,     Provides standard        Lifeboat and rescue
                                        Polyester, Low           testing protocols and    boat resins.
                                        Pressure Laminating,     minimum mechanical
                                        29 June 1966.            properties of FRP test
                                                                 samples for the
                                                                 acceptance of
                                                                 polyester resins used
                                                                 in FRP laminates.
                                       MIL-R-21607E(SH),        Provides a standard for  Lifeboat and rescue
                                        Resins, Polyester, Low   flame resistance of      boat resins.
                                        Pressure Laminating,     resins used in FRP
                                        Fire-Retardant, 25 May   laminates.
                                        1990.

[[Page 53472]]


                                       MIL-R-24719(SH),         Provides standard        Lifeboat and rescue
                                        Resins, Vinyl Ester,     testing protocols and    boat resins.
                                        Low Pressure             minimum mechanical
                                        Laminating, 4 May 1989.  properties of FRP test
                                                                 samples for the
                                                                 acceptance of vinyl
                                                                 ester resins used in
                                                                 FRP laminates.
Underwriters Laboratories (UL).......  1102, Standard for       Provides a standard for  Rescue boats.
                                        Nonintegral Marine       permanent fuel tanks
                                        Fuel Tanks.              that are not part of
                                                                 the hull.
                                       1185, Standard for       Provides a standard for  Rescue boats.
                                        Portable Marine Fuel     portable fuel tanks
                                        Tanks.                   typically used with
                                                                 outboard engines.
----------------------------------------------------------------------------------------------------------------

4. Section 160.[subpart number]-7 Design, construction, and performance 
of [name of lifesaving equipment addressed by the subpart]
    Section 160.[subpart number]-7 would provide the detailed design, 
construction, and performance requirements for each equipment type 
addressed in the proposed new subparts. This section would contain the 
IMO requirements and other requirements for specific equipment types. 
The proposed new or revised requirements for each equipment type are 
discussed in detail in Table 1: IMO Standards and Coast Guard Proposed 
Interpretations, above. Section 160.[subpart number]-7 would also 
explicitly state that design, material, and construction equivalence 
determinations may be made by the Commandant (CG-5214) only. See 
proposed paragraph (c). This section would also contain equipment-
specific technical requirements as follows:
    Proposed Sec. Sec.  160.115-7 and 160.132-7 (Launching Appliances--
Winches and Davits): The Coast Guard interpretations of the LSA Code 
and Resolution MSC.81(70), as discussed above in Table 1: IMO Standards 
and Coast Guard Proposed Interpretations, are taken directly from the 
existing regulations for winches and davits contained in subparts 
160.015 and 160.032, respectively. The Coast Guard would not retain 
existing requirements from subparts 160.015 and 160.032 that are 
adequately addressed by the LSA Code, requirements specific to 
installation and arrangement that are addressed in the various vessel 
and facility regulations in titles 33 and 46 of the CFR, and 
requirements applicable to mechanical davits, which are not permitted 
by the LSA Code and have become obsolete.
    Proposed Sec.  160.135-7 (Lifeboats): This section would contain a 
cross-reference to proposed new subpart 164.017 for the requirements 
for fire retardant resins. Additionally, because this section would 
incorporate the lifeboat design and performance requirements of the LSA 
Code and Resolution MSC.81(70), and the Coast Guard interpretations of 
those documents, as discussed above in Table 1: IMO Standards and Coast 
Guard Proposed Interpretations, the Coast Guard would not retain 
requirements in subpart 160.035 for certain types of obsolete lifeboats 
as well as obsolete construction techniques. For example, the Coast 
Guard would not retain requirements for lifeboats that are propelled 
solely by oar or hand (e.g., Fleming gear), open lifeboats, lifeboats 
with radio cabins, and steel assembly via riveting. Existing vessels 
with these types of lifeboats may still be able to replace in-kind 
provided they meet the criteria in titles 33 and 46 of the CFR.
    The Coast Guard also proposes adding the installation of navigation 
lights in Sec.  160.135-7, when applicable, on lifeboats. Chapter I, 
Regulation 8(b)(ii) of SOLAS 74, as amended, requires surveys of 
lifesaving appliances to ensure they are in compliance with the 
International Regulations for Preventing Collisions at Sea (COLREGS). 
COLREGS does not contain any exemptions to the navigation light 
requirements for motor-driven survival craft or rescue boats. 
Regulation 23 of COLREGS, however, does allow ``a power-driven vessel 
of less than 7 meters in length whose maximum speed does not exceed 7 
knots may in lieu of the lights prescribed in paragraph (a) of this 
Rule exhibit an all-round white light and shall, if practicable, also 
exhibit sidelights.'' There are modern lifeboats, as well as rescue 
boats, that are 7 meters or longer and/or have maximum speeds of over 7 
knots. The Coast Guard proposes to require the installation of 
navigation lights on lifeboats and rescue boats, consistent with the 
COLREGS requirements. While there is no specific mention of navigation 
lights in the LSA Code or Resolution MSC.81(70), the Coast Guard 
interprets SOLAS as requiring them.
    Proposed Sec.  160.156-7 (Rescue Boats and Fast Boats): This 
section would contain essentially identical technical requirements to 
those for lifeboats in Sec.  160.135-7 with some requirements unique to 
rescue boats. For example, the Coast Guard would add requirements for 
coated cloth used in inflatable collars. However, consistent with the 
LSA Code, air in the inflated collar of a rigid-hull inflatable rescue 
boat would not be considered inherently buoyant material for the 
purposes of meeting the LSA Code's requirement for additional buoyant 
material in chapter IV/4.4.4. The Coast Guard would add fuel system 
requirements unique to outboard gasoline engines, which are only 
allowed on rescue boats, see Table 2: New and Updated Standards 
Incorporated by Reference, above. Further, the requirement regarding 
navigation lights for lifeboats would also apply to rescue boats. Also 
unique to rescue boats would be the allowance to use automatic liferaft 
disengaging devices approved under proposed subpart 160.170 when the 
rescue boat is of a type suspended on a single fall. This is addressed 
in Table 1: IMO Standards and Coast Guard Proposed Interpretations; see 
also 46 CFR 199.160.
5. Section 160.[subpart number]-9 Preapproval review
    This section would describe the procedures for requesting 
preapproval review of a design for the type of lifesaving equipment 
addressed by the proposed new subpart. Proposed paragraph (b) of this 
section would contain manufacturer requirements for submitting an 
application to the Commandant (CG-5214) for approval and clarify the 
items required in the application. For all equipment, an application 
for approval would include a master drawing list, detailed arrangement 
and assembly drawings, a full bill of materials, structural 
calculations, all required manuals, the proposed quality assurance 
plan, the

[[Page 53473]]

name of the independent laboratory that will conduct prototype and 
production oversight, and any additional details necessary to 
demonstrate compliance with the applicable subpart.
    Proposed paragraph (d) would contain specifications for plan 
quality, and proposed paragraph (e) would require that any alternative 
materials, parts, or construction must be clearly indicated in plans. 
Proposed paragraph (f) of this section in each subpart states that 
Coast Guard may suspend review of an application if they do not comply 
with the requirements of this section.
    Section 160.[subpart number]-9 would also contain the Coast Guard's 
proposal that, in general, this review would be conducted by the 
Commandant (CG-5214), although the Coast Guard may delegate the 
preapproval review to an independent laboratory at the Coast Guard's 
discretion. This proposal is discussed in more detail above in section 
IV.B. Independent Laboratories.
6. Section 160.[subpart number]-11 Fabrication of prototype [name of 
lifesaving equipment addressed by the subpart] for approval
    This section would specify the procedures for the fabrication of 
prototype equipment for approval and list the manufacturer's and 
independent laboratory's responsibilities in that process. The 
responsibilities would include requirements that a manufacturer 
arranging for fabrication inspections and tests could do so only after 
receiving notice of meeting the requirements of preapproval review. It 
would also detail submission of the inspection report to the Commandant 
(CG-5214). Because fabrication of lifeboats and rescue boats and fast 
rescue boats is more complex as compared to fabrication of winches, 
davits, release mechanisms, and automatic disengaging devices, and 
encompasses certain features (such as fiberglass layup) that cannot be 
reliably inspected in a finished product, oversight is required at this 
phase to ensure compliance with the plans submitted for preapproval. 
Therefore, this proposed section would only appear in proposed new 
subparts 160.135 and 160.156. In proposed new subparts 160.115, 
160.132, 160.133, and 160.170 this section would be reserved.
    Section 160.[subpart number]-11 would also contain the Coast 
Guard's proposal to delegate the performance of the oversight of the 
prototype construction to the independent laboratory, which must 
conduct its oversight in accordance with 46 CFR part 159, subpart 
159.007. See proposed paragraph (b). This proposal is discussed in more 
detail above in section IV.B. Independent Laboratories.
    Proposed Sec. Sec.  160.135-11 (Lifeboats) and 160.156-11 (Rescue 
boats): In these sections, the Coast Guard would require prototype 
lifeboats and rescue boats constructed with FRP to be made with 
unpigmented resins to allow the attending independent laboratory to 
have a means to visually inspect the construction of the major FRP 
components, and to be able to see any internal structural damage that 
occurs during testing. The Coast Guard proposes that the attending 
independent laboratory witness weighing of each major component 
constructed of FRP before assembly with other components prior to 
installation of buoyancy foam and then again with buoyancy foam in 
place. The Coast Guard also proposes the attending independent 
laboratory ensure any welding of structural components is accomplished 
by qualified welders, see also proposed Sec. Sec.  160.135-7(b)(5) and 
160.156-7(b)(4). Further, the Coast Guard proposes the attending 
independent laboratory inspect the propulsion, steering, and water 
spray and air support systems after their installation to ensure they 
are in compliance with the approved prototype plans.
7. Section 160.[subpart number]-13 Approval inspections and tests for 
prototype [name of lifesaving equipment addressed by the subpart]
    This section would list the prototype tests required for approval 
of lifesaving equipment addressed by the proposed new subparts. This 
section would contain the minimum prototype tests required for approval 
as set forth in part 1 of the IMO Revised recommendation on testing. 
These tests, as well as Coast Guard interpretations of these tests, are 
discussed in Table 1: IMO Standards and Coast Guard Proposed 
Interpretations, above.
    This section would also contain the Coast Guard's proposal that, in 
general, the Coast Guard would witness all prototype testing, but the 
Commandant (CG-5214) may delegate this function to an independent 
laboratory on a case-by-case basis, as discussed above in section IV.B. 
Independent Laboratories.
8. Section 160.[subpart number]-15 Production inspections, tests, 
quality control, and conformance of [name of lifesaving equipment 
addressed by the subpart]
    This section would list the production tests that would be required 
for each equipment type and the manufacturer's and independent 
laboratory's responsibilities for production quality control of Coast 
Guard approved equipment. This section would contain procedures and 
standards for production tests as required by IMO Revised 
recommendation on testing, part 2. Although part 2 addresses both 
production tests and installation tests, which are performed after the 
equipment is installed on the parent vessel, this rulemaking only 
addresses production tests. Production testing would be conducted at 
the manufacturing facility, prior to delivery to a vessel and is 
required before the equipment would be marked as Coast Guard approved. 
Specific production testing and quality control requirements for each 
equipment type are discussed in Table 1: IMO Standards and Coast Guard 
Proposed Interpretations, above. Section 160.[subpart number]-15 would 
also address the manufacturer's responsibilities for maintaining and 
keeping records associated with the production process.
    Section 160.[subpart number]-15 would cross-reference 46 CFR part 
159, subpart 159.007, which contains the Coast Guard's established 
procedures for performing production inspections and tests, and 
proposes to delegate the performance of production testing and 
oversight of the manufacturer's quality control plan to the independent 
laboratory, as discussed above in section IV.B. Independent 
Laboratories.
9. Section 160.[subpart number]-17 Marking and labeling
    Section 160.[subpart number]-17 would set forth the proposed 
markings for approved equipment as required by the LSA Code and the IMO 
Revised recommendation on testing. This section would dictate the 
placement and contents of a plate or label for the specific lifesaving 
equipment addressed by the proposed subpart. This section would require 
that labeling be in English. The Coast Guard would require all 
lifesaving equipment affected by this rule to be marked or stamped with 
the following information: USCG-issued approval number, the word 
``SOLAS'', manufacturer's name and address (address may be excluded on 
release mechanisms for space constraints), identifying information of 
the independent laboratory, model name and serial number, and month/
year of manufacture. The Coast Guard would require lifeboats and rescue 
boats to be marked with the material of the hull construction, e.g. 
FRP, their A and B weights (see Table 1: IMO Standards and Coast Guard 
Proposed Interpretations above), and the number of persons it is 
certificated to carry. The

[[Page 53474]]

Coast Guard would also require all launching appliances and release 
mechanisms to be marked with their safe working loads. The Coast Guard 
would also require liferaft automatic disengaging devices to be marked 
with the number of the test certificate attesting to the static proof 
test required by the Revised recommendation on testing, part 2/6.2.2.
10. Section 160.[subpart number]-19 Operating instructions and 
information for the ship's training manual
    Section 160.[subpart number]-19 would detail the Coast Guard 
requirements for the information for the ship's training manual 
required by SOLAS and would specify that IMO symbols be used to 
describe location and operation of the equipment. This section would 
also provide that the instructions and information may be combined with 
other similar material, but they would have to be available in English 
and be provided in the form of an instruction placard.
11. Section 160.[subpart number]-21 Operation and maintenance 
instructions
    Section 160.[subpart number]-21 would detail the Coast Guard 
requirements for the operation and maintenance instructions required by 
SOLAS and would specify that the instructions follow the general format 
and content specified in IMO MSC.1 Circular 1205, include a checklist 
for use in monthly, external visual inspections, and use IMO symbols to 
describe location and operation of the equipment. This section also 
would provide that the manual may be combined with other similar 
material, but it must be available in English.
12. Section 160.[subpart number]-23 Procedure for approval of design, 
material, or construction change
    This section would contain the procedures for requesting approval 
of a design, material, or construction change to approved equipment 
addressed by that subpart. This section proposes that manufacturers 
must submit plans for modifying an approved design following the same 
procedures as for the original approval set forth in Sec.  160.[subpart 
number]-9. This section also would require a prototype be built and 
tested, in accordance with Sec. Sec.  160.[subpart number]-11 and 
160.[subpart number]-13, unless waived by Commandant (CG-5214) if 
deemed appropriate. Finally, this section proposes to explicitly state 
that design, material, and construction equivalence determinations may 
be made by the Commandant (CG-5214) only.

V. Incorporation by Reference

    Material proposed for incorporation by reference appears in 
proposed 46 CFR Sec. Sec.  160.010-1, 160.051-5, 160.115-5, 160.132-5, 
160.133-5, 160.135-5, 160.151-5, 160.156-5, 160.170-5, and 164.017-5. 
You may inspect this material at U.S. Coast Guard Headquarters where 
indicated under ADDRESSES. Copies of the material are available from 
the sources listed in paragraph (b) in each of those sections.
    Before publishing a binding rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

VI. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering 
numerous statutes and executive orders related to rulemaking. Below the 
Coast Guard summarizes these analyses based on 13 of these statutes or 
executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. OMB has not reviewed it under that 
Order.
    A ``Preliminary Regulatory Analysis and Initial Regulatory 
Flexibility Analysis'' is available in the docket where indicated under 
the ``Public Participation and Request for Comments'' section of this 
preamble. A summary of the analysis follows:
    As previously discussed, the Coast Guard proposes to amend 46 CFR 
part 160 to harmonize its regulations with IMO standards governing 
certain types of lifesaving equipment. The Coast Guard also proposes to 
incorporate the use of independent laboratories for Coast Guard 
approval procedures for certain types of lifesaving equipment, 
including requiring the use of independent laboratories at certain 
stages of the approval procedures in lieu of Coast Guard personnel who 
currently perform these inspections and witness these tests.
    We expect the proposed changes to harmonize existing regulations 
with international standards to have no additional costs for 
manufacturers of lifesaving equipment. In order for their lifesaving 
equipment to be used on vessels for international voyage from any 
nation that is a SOLAS signatory, equipment manufacturers must 
currently comply with the international standards for lifesaving 
equipment established by SOLAS. We expect the proposed rule reflects 
existing industry practices adopted in response to these international 
standards governing the performance of certain types of lifesaving 
equipment.
    We expect the proposed changes to require the use of independent 
laboratories in lieu of Coast Guard personnel would result in 
additional costs for manufacturers of certain types of lifesaving 
equipment.
    Currently, the Coast Guard does not charge for its inspections 
(although overseas manufacturing facilities reimburse the Coast Guard 
for travel and subsistence costs of Coast Guard inspectors). The use of 
independent laboratories required by this proposed rule would create a 
new cost for manufacturers of lifesaving equipment. However, the costs 
of inspections by independent laboratories would be partially offset by 
an overall reduction in the number of inspections made possible through 
the coordination of independent laboratories. Manufacturers would be 
able to schedule inspections and testing for independent laboratories 
acting on behalf of multiple nations, including the U.S., rather than 
requiring separate Coast Guard inspections and testing by Coast Guard 
inspectors. This coordinated use of independent laboratories would 
avoid multiple inspections and testing of the same equipment (see the 
``Independent Laboratories'' section for more details) .
    We estimate the annual costs to manufacturers for using independent 
laboratories are approximately $130,000 for U.S. firms and 
approximately $683,000 for foreign firms (undiscounted). Over a 10-year 
period of analysis, we estimate the total present value costs of the 
rulemaking are approximately $913,000 for U.S. firms and approximately 
$4.8 million for foreign firms, discounted at seven percent. We 
estimate the total present value cost of the rulemaking to be about 
$5.7 million over a 10-year period of analysis.
    The other proposed changes, not resulting from harmonization with 
internal standards or use of independent laboratories, update Coast 
Guard regulations to reflect current practice or newer versions of 
existing standards and have minimal costs. These include an amendment 
specifying the attachment point for sea anchors to liferafts, and the 
addition of a new subpart in 46 CFR part 164 addressing resins used in 
the construction of lifeboats and rescue boats and incorporating the 
use of equivalent

[[Page 53475]]

international standards as an alternative to national consensus 
standards.
    The benefits of the proposed rule include compliance with U.S. 
obligations as a SOLAS signatory and removing inconsistencies between 
international standards and the Coast Guard's current regulations. The 
proposed rule also provides possible savings for manufacturers from 
coordination efficiencies for inspections and increased efficiency for 
the Coast Guard from greater flexibility in assigning its human 
resources, particularly those stationed at overseas Coast Guard 
offices.
    The ``Preliminary Regulatory Analysis and Initial Regulatory 
Flexibility Analysis'' available on the docket provides additional 
detail on the costs and benefits of this rulemaking. The Coast Guard 
urges interested parties to submit comments that specifically address 
the economic impacts of this rulemaking. Comments can be made as 
indicated in the ADDRESSES section.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    A combined ``Preliminary Regulatory Analysis and Initial Regulatory 
Flexibility Analysis'' discussing the impact of this proposed rule on 
small entities is available in the docket where indicated under the 
``Public Participation and Request for Comments'' section of this 
preamble.
    We determined that six of the eight U.S. firms manufacturing 
lifesaving equipment are classified as small entities under the Small 
Business Administration size standards. We estimate the annual costs to 
use independent laboratories is less than 0.5 percent of revenue for 
five of the six small entities and less than 1.25 percent of revenue 
for one of the six small entities. However, these estimates do not 
include adjustments for manufacturer savings from the coordinated use 
of independent laboratories that would avoid multiple inspections and 
testing of the same equipment (see the ``Independent Laboratories'' 
section for more details).
    Based on this information, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposed rule would not have a significant economic 
impact on a substantial number of small entities. If you think that 
your business, organization, or governmental jurisdiction qualifies as 
a small entity and that this rule would have a significant economic 
impact on it, please submit a comment to the Docket Management Facility 
at the address under ADDRESSES. In your comment, explain why you think 
it qualifies and how and to what degree this rule would economically 
affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mr. George Grills, 
P.E., Commercial Regulation and Standard Directorate, Office of Design 
and Engineering Standards, Lifesaving and Fire Safety Division (CG-
5214), Coast Guard, telephone 202-372-1385, or e-mail address 
George.G.Grills@uscg.mil. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
information collected under the proposed rule is addressed in the 
existing collection of information, OMB control number 1625-0035, title 
46 Subchapter Q: Lifesaving, Electrical, and Engineering Equipment, 
Construction and Materials & Marine Sanitation Devices (33 CFR part 
159), which was reviewed by OMB on May 27, 2009 and will expire after 
the 3-year approval period ending on May 31, 2012, unless renewed. The 
proposed rule would increase the total annual collection burden of the 
existing collection of information by 1.2 percent. The current 
authorized annual burden is 103,289 hours and the proposed rule would 
increase the annual burden by approximately 1,221 hours.
    The increase in the annual burden is not considered material or 
substantive. To confirm this, the Coast Guard has submitted a change 
worksheet (OMB Form 83-C) to OIRA noting the change in the annual 
burden. The change worksheet is available in the docket where indicated 
under the ``Public Participation and Request for Comments'' section of 
this preamble.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility as indicated 
under ADDRESSES, by the date under DATES.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    The U.S. Supreme Court has long recognized the field preemptive 
impact of the Federal regulatory regime for inspected vessels. See, 
e.g., Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and the 
consolidated cases of United States v. Locke and Intertanko v. Locke, 
529 U.S. 89, 113-116 (2000). Therefore the Coast Guard's view is that 
regulations issued under the authority of 46 U.S.C. 3306 in the areas 
of design, construction, alteration, repair, operation, 
superstructures, hulls, fittings, equipment, appliances, propulsion 
machinery, auxiliary machinery, boilers, unfired pressure vessels, 
piping, electric installations, accommodations for passengers and crew, 
sailing school instructors, sailing school students, lifesaving 
equipment and its use, firefighting equipment, its use and 
precautionary measures to guard against fire, inspections and tests 
related to these areas and the use of vessel stores and other supplies 
of a dangerous nature have preemptive effect over State regulation in 
these fields, regardless of whether the Coast Guard has issued 
regulations on the subject or not, and regardless of the existence of 
conflict between the State and Coast Guard regulation.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, as these categories are within a field foreclosed 
from regulation by the States

[[Page 53476]]

(see U.S. v. Locke, above), the Coast Guard recognizes the key role 
State and local governments may have in making regulatory 
determinations. Additionally, Sections 4 and 6 of Executive Order 13132 
require that for any rules with preemptive effect, the Coast Guard 
shall provide elected officials of affected State and local governments 
and their representative national organizations the notice and 
opportunity for appropriate participation in any rulemaking 
proceedings, and to consult with such officials early in the rulemaking 
process. Therefore, we invite affected State and local governments and 
their representative national organizations to indicate their desire 
for participation and consultation in this rulemaking process by 
submitting comments to the docket using one of the methods specified 
under ADDRESSES. In accordance with Executive Order 13132, the Coast 
Guard will provide a federalism impact statement to document (1) the 
extent of the Coast Guard's consultation with State and local officials 
that submit comments to this proposed rule, (2) a summary of the nature 
of any concerns raised by State or local governments and the Coast 
Guard's position thereon, and (3) a statement of the extent to which 
the concerns of State and local officials have been met.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, the Coast Guard does discuss the effects 
of this rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. The Coast Guard has determined 
that it is not a ``significant energy action'' under that order because 
it is not a ``significant regulatory action'' under Executive Order 
12866 and is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

L. International Trade Impacts

    Under the Trade Agreement Act of 1979 (codified at 19 U.S.C. 2501 
et seq.), agencies are prohibited from promulgating any standards or 
engaging in related activities that create unnecessary obstacles to 
foreign commerce. Because the proposed rule would have an effect on 
foreign firms, we have also examined the costs and regulatory action to 
determine if it would constitute an unnecessary obstacle to trade. 
Because the overall costs are minimal, the requirement for third-party 
inspections and testing is uniform across product classes, and the 
requirement for independent third-party testing applies to both 
domestic and overseas manufacturers, this rule does not constitute an 
obstacle to trade or a non-tariff barrier to trade.

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specifications of 
materials, performance, design, or operation; test methods; sampling 
procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standards bodies.
    This proposed rule uses the following voluntary consensus 
standards:
     ASTM A 36/A 36M-08 Standard Specification for Carbon 
Structural Steel;
     ASTM A 216/A 216M-08 Standard Specification for Steel 
Castings, Carbon, Suitable for Fusion Welding for High-Temperature 
Service;
     ASTM A 653/A 653M-08 Standard Specification for Steel 
Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated 
(Galvannealed) by the Hot-Dip Process;
     ASTM B 127-05(2009) Standard Specification for Nickel-
Copper Alloy (UNS N04400) Plate, Sheet, and Strip;
     ASTM B 209-07 Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate;
     ASTM D 543-06 Standard Test Method for Resistance of 
Plastics to Chemical Reagents;
     ASTM D 570-98(2005) Standard Test Method for Water 
Absorption of Plastics;
     ASTM D 638-08 Standard Test Method for Tensile Properties 
of Plastics;
     ASTM D 695-08 Standard Test Method for Compressive 
Properties of Rigid Plastics;
     ASTM D 790-07e1 Standard Test Methods for Flexural 
Properties of Unreinforced and Reinforced Plastics and Electrical 
Insulating Materials;
     ASTM D 792-08 Standard Test Methods for Density and 
Specific Gravity (Relative Density) of Plastics by Displacement;
     ASTM D 1045-08 Standard Methods of Sampling and Testing 
Plasticizers used in Plastics;
     ASTM D 1824-95(2002) Standard Test Method for Apparent 
Viscosity of Plastisols and Organosols at Low Shear Rates;
     ASTM D 2471-99 Standard Test Method for Gel Time and Peak 
Exothermic Temperature of Reacting Thermosetting Resins;
     ASTM D 2583-07 Standard Test Method for Indentation 
Hardness of Rigid Plastics by Means of a Barcol Impressor;
     ASTM D 2584-08 Standard Test Method of Ignition Loss for 
Cured Reinforced Resins;
     ASTM D 4029-09 Standard Specification for Finished Woven 
Glass Fabrics;

[[Page 53477]]

     ASTM F 1014-02(2007) Standard Specification for 
Flashlights on Vessels;
     ASTM F 1166-07 Standard Practice for Human Engineering 
Design for Marine Systems, Equipment, and Facilities;
     ASTM G 154-06 Standard Practice for Operating Fluorescent 
Light Apparatus for UV Exposure of Nonmetallic Materials;
     International Life-Saving Appliance Code, (IMO Resolution 
MSC.48(66), as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85));
     IMO Resolution A.657(16) Instructions for Action in 
Survival Craft;
     IMO Resolution A.658(16) Use and Fitting of Retro-
reflective Materials on Life-saving Appliances;
     IMO Resolution A.760(18) Symbols Related to Life-Saving 
Appliances and Arrangements;
     IMO Resolution MSC.81(70), Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85);
     MSC Circular 980, Standardized life-saving appliance 
evaluation and test report forms;
     MSC Circular 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats;
     MSC.1 Circular 1205, Guidelines for Developing Operation 
and Maintenance Manuals for Lifeboat Systems;
     ISO 62:2008 Plastics--Determination of water absorption;
     ISO 175:1999 Plastics--Methods of test for the 
determination of the effects of immersion in liquid chemicals;
     ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties;
     ISO 527-1:1993 Plastics--Determination of tensile 
properties;
     ISO 604:2002 Plastics--Determination of compressive 
properties;
     ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods;
     ISO 1183-1:2004 Plastics--Methods for determining the 
density of non-cellular plastics--Part 1: Immersion method, liquid 
pyknometer method and titration method;
     ISO 1675:1985 Plastics--Liquid resins--Determination of 
density by the pyknometer method;
     ISO 2039-1:2001 Determination of hardness--Part 1: Ball 
indentation method;
     ISO 2039-2:1987 Determination of hardness--Part 2: 
Rockwell hardness;
     ISO 2114:2000 Plastics (polyester resins) and paints and 
varnishes (binders)--Determination of partial acid value and total acid 
value;
     ISO 2535:2001 Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature;
     ISO 2555:1989 Plastics--Resins in the liquid state or as 
emulsions or dispersions--Determination of apparent viscosity by the 
Brookfield test method;
     ISO 15372:2000 Ships and marine technology--Inflatable 
rescue boats--Coated fabrics for inflatable chambers;
     ISO 15738:2002 Ships and marine technology--Gas inflation 
systems for inflatable life-saving appliances;
     ISO 17339:2002 Ships and marine technology--Sea anchors 
for survival craft and rescue boats;
     ISO 18813:2006 Ships and marine technology--Survival 
equipment for survival craft and rescue boats;
     SAE J1527-93, Marine Fuel Hoses;
     UL 1102, Standard for Nonintegral Marine Fuel Tanks; and
     UL 1185, Standard for Portable Marine Fuel Tanks.
    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 46 CFR 
160.010-1, 160.115-5, 160.132-5, 160.133-5, 160.135-5, 160.151-5, 
160.156-5, 160.170-5, and 164.017-5.
    This proposed rule also uses technical standards other than 
voluntary consensus standards. The Coast Guard proposes to use the 
below-listed standards issued by the Department of Defense and the 
General Services Administration because the Coast Guard did not find 
voluntary consensus standards that fulfill the purpose of these 
standards as applicable to the proposed rule:
     A-A 55308 Cloth And Strip, Laminated Or Coated, Vinyl 
Nylon Or Polyester, High Strength, Flexible;
     Federal Standard 595C--Colors Used in Government 
Procurement;
     MIL-C-17415E--Cloth, Coated, and Webbing, Inflatable Boat 
and Miscellaneous Use;
     MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4 
AUG 1998;
     MIL-P-17549D(SH): Plastics Laminates, Fibrous Glass 
Reinforced, Marine, 31 AUG 1981;
     MIL-P-19644 C--Plastic Molding Material (Polystyrene Foam, 
Expanded Bead);
     MIL-P-21929 B--Plastic Material, Cellular Polyurethane, 
Foam-In-Place, Rigid (2 and 4 Pounds per Cubic Foot);
     MIL-P-40619 A--Plastic Material, Cellular, Polystyrene 
(For Buoyancy Applications);
     MIL-R-7575 C, Resin, Polyester, Low Pressure Laminating, 
29 June 1966;
     MIL-R-21607E(SH), Resins, Polyester, Low Pressure 
Laminating, Fire-Retardant; 25 May 1990; and
     MIL-R-24719(SH), Resins, Vinyl Ester, Low Pressure 
Laminating, 4 May 1989.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, please send a comment to the 
docket using one of the methods under ADDRESSES. In your comment, 
please explain why you disagree with our analysis and/or identify 
voluntary consensus standards the Coast Guard has not listed that might 
apply.

N. Environment

    The Coast Guard has analyzed this proposed rule under Department of 
Homeland Security Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. This 
rule involves requiring manufacturers of lifesaving equipment to use 
qualified independent laboratories and updating technical requirements 
for some lifesaving equipment. As such, it would be categorically 
excluded under Section 2.B.b, Figure 2.1 paragraph (34)(b) and (d), of 
the Instruction, which covers regulations concerning delegating 
authority, manning, documents, admeasurements, inspection, and 
equipping of vessels; and paragraph 6(a) of the National Environmental 
Policy Act: Coast Guard Procedures for Categorical Exclusions (67 FR 
141, 48243 (July 23, 2002)), which covers regulations concerning vessel 
operation safety standards because this rule pertains to regulations 
concerning delegating authority and the inspection and equipping of 
vessels, as well as vessel operation safety standards, equipment 
approval, and equipment carriage requirements. The Coast Guard seeks 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

[[Page 53478]]

List of Subjects

46 CFR Part 108

    Fire prevention, Marine safety, Occupational safety and health, Oil 
and gas exploration, Vessels.

46 CFR Part 117

    Marine safety, Passenger vessels.

46 CFR Part 133

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 160

    Marine safety, Incorporation by reference, Reporting and 
recordkeeping requirements.

46 CFR Part 164

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements.

46 CFR Part 180

    Marine safety, Passenger vessels.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger 
vessels, Reporting and recordkeeping requirements.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 108, 117, 133, 160, 164, 180, and 199 as follows:

PART 108--DESIGN AND EQUIPMENT

    1. The authority citation for part 108 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of 
Homeland Security Delegation No. 0170.1.

    2. Revise Sec.  108.550(a) to read as follows:


Sec.  108.550  Survival craft launching and recovery arrangements: 
General.

    (a)(1) Each launching appliance must be a davit approved under 46 
CFR part 160, subpart 160.132 for use with the intended craft, with a 
winch approved under 46 CFR part 160, subpart 160.115 for use with the 
intended craft.
    (2) Each launching appliance for a davit-launched liferaft must 
include an automatic disengaging apparatus approved under 46 CFR part 
160, subpart 160.170 and be either--
    (i) A launching appliance described in (a)(1) of this section; or
    (ii) A launching appliance approved on or before (EFFECTIVE DATE OF 
FINAL RULE) under approval series 160.163.
* * * * *

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

    3. The authority citation for part 117 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

    4. In Sec.  117.150, revise paragraph (a) and add paragraph (c) to 
read as follows:


Sec.  117.150  Survival craft embarkation arrangements.

    (a) A launching appliance described in paragraph (c) of this 
section, or a marine evacuation system approved under approval series 
160.175, must be provided for each inflatable liferaft and inflatable 
buoyant apparatus when either--
* * * * *
    (c) Each launching appliance for a davit-launched liferaft must 
include an automatic disengaging apparatus approved under 46 CFR part 
160, subpart 160.170 and be either--
    (1) A davit approved under 46 CFR part 160, subpart 160.132 for use 
with a liferaft, with a winch approved under 46 CFR part 160, subpart 
160.115 for use with a liferaft; or
    (2) A launching appliance approved on or before (EFFECTIVE DATE OF 
FINAL RULE) under approval series 160.163.

PART 133--LIFESAVING SYSTEMS

    5. The authority citation for part 133 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security 
Delegation No. 0170.1.

    6. Revise Sec.  133.150(b) to read as follows:


Sec.  133.150  Survival craft launching and recovery arrangements: 
General.

* * * * *
    (b)(1) Each launching appliance must be a davit approved under 46 
CFR part 160, subpart 160.132 for use with the intended craft, with a 
winch approved under 46 CFR part 160, subpart 160.115 for use with the 
intended craft.
    (2) Each launching appliance for a davit-launched liferaft must 
include an automatic disengaging apparatus approved under 46 CFR part 
160, subpart 160.170 and be either--
    (i) A launching appliance described in (b)(1) of this section; or
    (ii) A launching appliance approved on or before (EFFECTIVE DATE OF 
FINAL RULE) under approval series 160.163.
* * * * *

PART 160--LIFESAVING EQUIPMENT

    7. The authority citation for part 160 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 160.010--Buoyant Apparatus for Merchant Vessels

    8. Revise Sec.  160.010-1 to read as follows:


Sec.  160.010-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST, SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C--Colors Used in Government Procurement, 
IBR approved for Sec.  160.010-5 (``FED-STD-595C'').
    (2) [Reserved]
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec.  160.010-3 (``IMO LSA Code'').
    (2) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec.  160.010-3 (``IMO 
Revised recommendation on testing'').
    (d) Military Specifications and Standards, Standardization Order 
Desk, Building 4D, 700 Robins Avenue,

[[Page 53479]]

Philadelphia, PA 19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-P-19644 C--Plastic Molding Material (Polystyrene Foam, 
Expanded Bead), IBR approved for Sec.  160.010-5 (``MIL-P-19644 C'').
    (2) MIL-P-21929 B--Plastic Material, Cellular Polyurethane, Foam-
In-Place, Rigid (2 and 4 Pounds per Cubic Foot), IBR approved for Sec.  
160.010-5 (``MIL-P-21929 B'').
    (3) MIL-P-40619 A--Plastic Material, Cellular, Polystyrene (For 
Buoyancy Applications), IBR approved for Sec.  160.010-5 (``MIL-P-40619 
A'').
    (4) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating, 
Fire-Retardant, 25 May 1990, IBR approved for Sec.  160.010-5 (``MIL-R-
21607E(SH)'').
    9. In Sec.  160.010-2, revise the definition for ``Commandant'' to 
read as follows:


Sec.  160.010-2  Definitions.

* * * * *
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST, SW., STOP 7126, WASHINGTON, DC 20593-7126.
* * * * *
    10. Sec.  In 160.010-3--
    a. In paragraph (a)(1), remove the words ``(SOLAS Chapter III, 
regulation 38, paragraph 1.5 (III/38.1.5))'' and add, in their place, 
the words ``(IMO LSA Code, Chapter IV/4.1.1.5 (incorporated by 
reference, see Sec.  160.010-1))'';
    b. In paragraph (a)(2), remove the words ``(Regulation III/
38.2.1)'' and add, in their place, the words ``(IMO LSA Code, Chapter 
IV/4.1.2.1)'';
    c. In paragraph (a)(3), remove the words ``(Regulation III/
39.2.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter 
IV/4.2.2.2)'';
    d. In paragraph (a)(4), remove the words ``(Regulation III/
39.5.1)'' and add, in their place, the words ``IMO LSA Code, Chapter 
IV/4.2.5.4'';
    e. In paragraph (a)(5), remove the words ``(Regulation III/
39.5.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter 
IV/4.2.5.2)'';
    f. In paragraph (a)(9), remove the words ``(Regulation III/
39.4.1)'' and add, in their place, the words ``(IMO LSA Code, Chapter 
IV/4.2.4.1)'';
    g. In paragraph (a)(10), remove the words ``(Regulation III/
39.4.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter 
IV/4.2.4.2)'';
    h. In paragraph (a)(11), remove the symbol ``Sec.  '' and add, in 
its place, the words ``46 CFR''; and remove the words ``of this 
subchapter'';
    i. In paragraph (a)(12), in the introductory text after the word 
``Equipment'', remove the words ``(Regulation III/38.5.1)''; and in the 
last sentence in the introductory text, remove the words ``Regulation 
III/38.5.1'' and add, in their place, the words ``IMO LSA Code, Chapter 
IV/4.1.5'';
    j. In paragraph (a)(13), remove the words ``(Regulations III/
39.7.3.4, III/39.7.3.5, and III/39.8.6)''; after the words 
``requirements of Sec.  160.151-33'', add the words ``as well as IMO 
LSA Code, Chapter IV/4.2.6.3 and 4.2.7.1.6''; and remove the words 
``regulation III/39.8.6'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.2.7.1.6'';
    k. In paragraph (a)(14), remove the words ``IMO Resolution 
A.689(17)'' and add, in their place, the words ``IMO Revised 
recommendation on testing (incorporated by reference, see Sec.  
160.010-1)'';
    l. In paragraphs (a)(15) and (a)(16), remove the words ``IMO 
Resolution A.689(17)'' and add, in their place, the words ``IMO Revised 
recommendation on testing'';
    m. In paragraph (e) introductory text, remove the words ``under the 
IMO International Code of Safety for High-Speed Craft (HSC Code)''; and 
remove the words ``Annex 10 to the HSC Code'' and add, in their place, 
the words ``Annex 11 to IMO Res. MSC.97(73)''; and
    n. Add paragraph (e)(9) to read as follows:


Sec.  160.010-3  Inflatable buoyant apparatuses.

* * * * *
    (e) * * *
    (9) Stability. It must be fitted with stability pockets, in 
accordance with IMO LSA Code Chapter IV/4.2.5.4.


Sec.  160.010-4  [Amended]

    11. In Sec.  160.010-4--
    a. In paragraph (g), remove the word ``(1/4in.)'' and add, in its 
place, the words ``(1/4 in.)''; and
    b. In paragraph (n), remove the words ``sections 13 and 14 of the 
``Color Names Dictionary'''' and add, in their place, the words 
``sections 13 and 14 of FED-STD-595C (incorporated by reference, see 
Sec.  160.010-1)''.


Sec.  160.010-5  [Amended]

    12. In Sec.  160.010-5--
    a. In paragraph (b) introductory text, remove the text ``(CG-521)'' 
and add, in its place, the text ``(CG-5214)'';
    b. In paragraph (b)(2), remove the text ``MIL-P-19644'' and add, in 
its place, the text ``MIL-P-19644 C (incorporated by reference, see 
Sec.  160.010-1)'';
    c. In paragraph (b)(3), remove the text ``MIL-P-21929'' and add, in 
its place, the text ``MIL-P-21929 B (incorporated by reference, see 
Sec.  160.010-1)'';
    d. In paragraph (b)(4), remove the text ``MIL-P-40619'' and add, in 
its place, the text ``MIL-P-40619 A (incorporated by reference, see 
Sec.  160.010-1)'';
    e. In paragraph (c)(1), remove the text ``MIL-P-21607'' and add, in 
its place, the text ``MIL-P-21607E(SH) (incorporated by reference, see 
Sec.  160.010-1)''; and remove the text ``(G-MSE)'' and add, in its 
place, the text ``(CG-5214)''; and
    f. In paragraphs (c)(2) and (c)(3), remove the text ``(CG-521)'' 
and add, in its place, the text ``(CG-5214)''.


Sec.  160.010-7  [Amended]

    13. In Sec.  160.010-7(a), remove the text ``CG-512'' and add, in 
its place, the text ``CG-5214''.

Subpart 160.015 [Removed and Reserved]

    14. Remove and reserve subpart 160.015.

Subpart 160.032 [Removed and Reserved]

    15. Remove and reserve subpart 160.032.

Subpart 160.033 [Removed and Reserved]

    16. Remove and reserve subpart 160.033.

Subpart 160.035 [Removed and Reserved]

    17. Remove and reserve subpart 160.035.

Subpart 160.051--Inflatable Liferafts for Domestic Service

    18. Revise Sec.  160.051-1 to read as follows:


Sec.  160.051-1  Scope.

    (a) This subpart prescribes requirements for approval by the Coast 
Guard of A, B, and Coastal Service inflatable liferafts for use only in 
domestic service. These liferafts must comply with all of the 
requirements for SOLAS A and SOLAS B liferafts in subpart 160.151 
except as specified in this subpart.
    (b) This subpart does not apply to any A, B, and Coastal Service 
inflatable liferaft for use only in domestic service that has been 
approved by the Coast Guard before (EFFECTIVE DATE OF FINAL RULE), so 
long as the liferaft satisfies the annual servicing requirements set 
forth in 46 CFR 160.151-57.
    19. In Sec.  160.051-3, add the definition for ``Commandant'', in 
alphabetical order, as follows:

[[Page 53480]]

Sec.  160.051-3  Definitions.

* * * * *
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-1726.
    20. Redesignate Sec. Sec.  160.051-5, 160.051-7, and 160.051-9 as 
Sec. Sec.  160.051-7, 160.051-9, and 160.051-11, respectively.
    21. Add new Sec.  160.051-5 to read as follows:


Sec.  160.051-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) International Maritime Organization (IMO) Publications Section, 
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 
7611, http://www.imo.org/.
    (1) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec. Sec.  160.051-7 and 160.051-9 (``IMO 
LSA Code'').
    (2) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.051-7, 
160.051-9, and 160.051-11 (``IMO Revised recommendation on testing'').


Sec.  160.051-7  [Amended]

    22. In newly redesignated Sec.  160.051-7--
    a. In paragraph (a), remove the words ``Regulation III/38.1.5'' and 
add, in their place, the words ``IMO LSA Code Chapter IV/4.1.1.5, 
(incorporated by reference, see Sec.  160.051-5)'';
    b. In paragraph (b), remove the first instance of the words 
``Regulation III/38.1.5.5'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.1.5.5''; and after the words ``the viewing 
port'', remove the words ``described in Regulation III/38.1.5.5'';
    c. In paragraph (c), remove the first instance of the words 
``Regulation III/38.1.5.6'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.1.5.6''; and after the words ``means of 
rainwater collection'', remove the words ``described in Regulation III/
38.1.5.6'';
    d. In paragraph (d), remove the words ``Regulation III/38.2.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.2.1'';
    e. In paragraph (e), remove the words ``Regulation III/39.2.2'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.2.2'';
    f. In paragraph (f), remove the words ``Regulation III/39.4.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.4.1'';
    g. In paragraph (g), remove the words ``Regulation III/39.5.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.5'';
    h. In paragraph (h), remove the first instance of the words 
``Regulation III/39.6.3'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.1.3.4''; and after the words ``controlled interior 
lamp'', remove the words ``described in Regulation III/39.6.3'';
    i. In paragraph (i), remove the words ``Regulations III/39.7.3.4 
and III/39.7.3.5'' and add, in their place, the words ``IMO LSA Code, 
Chapter IV/4.2.3.6'';
    j. In paragraph (j), remove the words ``IMO Resolution A.689(17)'' 
and add, in their place, the words ``IMO Revised recommendation on 
testing (incorporated by reference, see Sec.  160.051-5)''; and
    k. In paragraphs (k) and (l), remove the words ``IMO Resolution 
A.689(17)'' and add, in their place, the words ``IMO Revised 
recommendation on testing''.


Sec.  160.051-9  [Amended]

    23. In newly redesignated Sec.  160.051-9--
    a. In paragraph (a), remove the words ``Regulation III/38.2.1'' and 
add, in their place, the words ``IMO LSA Code Chapter IV/4.1.2.1''; and
    b. In paragraph (b), remove the words ``Regulations III/39.7.3.4 
and III/39.7.3.5'' and add, in their place, the words ``IMO LSA Code, 
Chapter IV/4.2.6.3''.


Sec.  160.051-11  [Amended]

    24. In newly redesignated Sec.  160.051-11, in paragraph (f), 
remove the words ``IMO Resolution A.689(17)'' and add, in their place, 
the words ``IMO Revised recommendation on testing (incorporated by 
reference, see Sec.  160.051-5)''.
    25. Add subpart 160.115 to read as follows:
Subpart 160.115--Launching Appliances--Winches
Sec.
160.115-1 Scope.
160.115-3 Definitions.
160.115-5 Incorporation by reference.
160.115-7 Design, construction, and performance of winches.
160.115-9 Preapproval review.
160.115-11 [Reserved]
160.115-13 Approval inspections and tests for prototype winches.
160.115-15 Production inspections, tests, quality control, and 
conformance of winches.
160.115-17 Marking and labeling.
160.115-19 Operating instructions and information for the ship's 
training manual.
160.115-21 Operation and maintenance instructions.
160.115-23 Procedure for approval of design or material change.

Subpart 160.115--Launching Appliances--Winches


Sec.  160.115-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of a winch used in conjunction with a 
davit approved under 46 CFR part 160, subpart 160.132 for lifeboats 
approved under 46 CFR part 160, subpart 160.135, liferafts approved 
under 46 CFR part 160, subparts 160.051 or 160.151, and rescue boats 
approved under 46 CFR part 160, subparts 160.056 or 160.156.


Sec.  160.115-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.115-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST. SW., STOP 7126, WASHINGTON, DC 20593-7126.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A 
list of accepted independent laboratories is available from the 
Commandant and online at http://cgmix.uscg.mil.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate

[[Page 53481]]

jurisdiction over a vessel for the purpose of performing the duties 
previously described.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.


Sec.  160.115-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST. SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) International Maritime Organization (IMO) Publications Section, 
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 
7611, http://www.imo.org/.
    (1) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec.  160.115-19 (``IMO 
Res. A.760(18)'').
    (2) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec.  160.115-7 (``IMO LSA Code'').
    (3) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.115-7, 
160.115-13, and 160.115-15 (``IMO Revised recommendation on testing'').
    (4) MSC Circular 980, Standardized life-saving appliance evaluation 
and test report forms, IBR approved for Sec.  160.115-13 (``IMO MSC 
Circ. 980'').
    (5) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.115-21 (``IMO MSC.1 Circ. 1205'').


Sec.  160.115-7  Design, construction, and performance of winches.

    (a) To seek Coast Guard approval of a winch, a manufacturer must 
comply with, and each winch must meet, the requirements of the 
following--
    (1) IMO LSA Code, Chapter I/1.2.2 and Chapter VI/6.1.1 and 6.1.2 
(incorporated by reference, see Sec.  160.115-5) applicable to the 
design and intended service of the winch;
    (2) IMO Revised recommendation on testing, Part 1/8.1 (incorporated 
by reference, see Sec.  160.115-5) applicable to the winch;
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each winch must meet each of the following requirements:
    (1) Materials. (i) All gears must be machine cut and made of steel, 
bronze, or other suitable materials properly keyed to shafts. The use 
of cast iron is not permitted for these parts.
    (ii) Metals in contact with each other must be either galvanically 
compatible or insulated with suitable non-porous materials. Provisions 
must also be made to prevent loosening or tightening resulting from 
differences of thermal expansion, freezing, buckling of parts, galvanic 
corrosion, or other incompatibilities.
    (iii) Screws, nuts, bolts, pins, keys, and other similar hardware, 
securing moving parts must be fitted with suitable lock washers, cotter 
pins, or locks to prevent them from coming adrift.
    (2) Bearings and gears. (i) Positive means of lubrication must be 
provided for all bearings.
    (ii) When worm gears are used, the worm wheel must operate in an 
oil bath. Means to easily check the oil level in the gear case must be 
provided.
    (iii) The manufacturer must furnish a lubrication chart and a plate 
attached to the winch indicating the lubricant recommended for extremes 
in temperature.
    (3) Guards. All moving parts must have suitable guards.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests.
    (5) Winch drums. (i) A winch must have grooved drums unless 
otherwise approved by the Commandant.
    (ii) The diameter of the drums must be at least 16 times the 
diameter of the falls.
    (iii) Drums must be so arranged as to keep the falls separate, and 
to pay out the falls at the same rate. Clutches between drums are not 
permitted unless bolted locking devices are used.
    (6) Winch motors. For a winch powered by electric or hydraulic 
motors, or portable power units such as air or electric drills--
    (i) Positive means must be provided for controlling the power to 
the winch, arranged so that the operator must hold the master switch or 
controller in the ``on'' or ``hoist'' position for hoisting, and when 
released, will immediately shut off the power;
    (ii) A clutch must be fitted to disengage the power installation 
during the lowering operation;
    (iii) A means must be provided to disconnect power to the winch 
before a hand crank can be engaged with the winch operating shaft, and 
this interruption of power must be maintained while the hand crank is 
so engaged;
    (iv) The air or electric power outlet for a portable power unit 
must be located adjacent to the winch where the unit is to be coupled, 
and the outlet must be interconnected with, and protected by, the same 
system of safety devices as required for a winch with built-in-motors;
    (v) A main line emergency disconnect switch, the opening of which 
disconnects all electrical potential to the winch, must be provided. 
This switch must be located in a position accessible to the person in 
charge of the boat stowage and must be in a position from which the 
movement of both davit arms can be observed as they approach the final 
stowed position;
    (vi) Limit switches, one for each davit arm, must be provided to 
limit the travel of the davit arms as they approach the final stowed 
position. These switches must--
    (A) Be so arranged that the opening of either switch will 
disconnect all electrical potential of the circuit in which the 
switches are connected;
    (B) Be arranged to stop the travel of the davit arms not less than 
12 inches from their final stowed position; and
    (C) Remain open until the davit arms move outboard beyond the 
tripping position of the switches;
    (vii) Motor clutches, when used, must be of either frictional or 
positive engaging type. When one motor is used for two winches, the 
clutch must be so arranged that only one winch may be engaged at any 
one time. The clutch operating lever must be capable of remaining in 
any position when subject to vibration and must be so arranged that 
when in neutral position both lifeboats may be lowered simultaneously;
    (viii) Motors, switches, controls, and cables must be waterproof if 
installed on an open deck. Controls may be of the

[[Page 53482]]

drip-proof type if installed in a deck house or under deck;
    (ix) Hydraulic systems must be in accordance with 46 CFR part 58, 
subpart 58.30; and
    (x) Electrical installations must comply with 46 CFR 111.01-9, 
111.01-11, 111.01-19, 111.25, 111.55, 111.70, and 111.95.
    (7) Quick return. For a winch used to launch an inflatable liferaft 
means must be provided for rapidly retrieving the falls by hand power.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.115-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
winch, the manufacturer must submit an application to the Commandant 
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To 
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must 
submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision number, and issue date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Stress calculations for all load carrying parts;
    (4) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.115-19 and 160.115-21 of this subpart;
    (5) A description of the quality control procedures and 
recordkeeping that will apply to the production of the winch, which 
must include, but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication and joints, 
including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved winch complies with the 
approved plans and the requirements of this subpart;
    (6) Any other drawing(s) necessary to show that the winch complies 
with the requirements of this subpart;
    (7) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the winch will be 
constructed; and
    (8) The name of the independent laboratory that will perform the 
duties prescribed in Sec.  160.115-15 of this subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section, so long as the preapproval review is 
conducted in accordance with the procedures agreed upon between the 
independent laboratory and Commandant under 46 CFR part 159, subpart 
159.010.
    (d) Plan quality. All plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the winch meets the 
construction requirements of this subpart;
    (3) Accurately depict the proposed winch;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.115-11  [Reserved]


Sec.  160.115-13  Approval inspections and tests for prototype winches.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.115-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may proceed with fabrication of the 
prototype winch and the approval inspections and tests required under 
this section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections 
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notifications must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard 
inspector to travel to the site where the testing is to be performed;
    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on winches or their component parts and materials 
for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype--
    (A) Conforms with the plans reviewed under Sec.  160.115-9 of this 
subpart;
    (B) Is constructed by the methods and with the materials specified 
in the plans reviewed under Sec.  160.115-9 of this subpart; and
    (C) When welding is part of the construction process, is 
constructed by the welding procedure and materials as per the plans 
reviewed under Sec.  160.115-9 of this subpart and the welders are 
appropriately qualified;
    (ii) Assuring that the quality-assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of winches, together with records identifying the lot or 
serial numbers of the winches in which such materials were used.
    (d) Tests--(1) IMO Revised recommendation on testing. Each 
prototype winch of each design must pass each of the tests described in 
IMO Revised recommendation on testing, Part 1, paragraph 8.1 
(incorporated by reference, see Sec.  160.115-5) applicable to winches.
    (2) Visual inspection. Each winch must be visually inspected to 
confirm--
    (i) Compliance with this subpart;
    (ii) Conformance with the examined plans; and
    (iii) Ease of operation and maintenance.
    (3) Hydraulic controls. If the winch motor includes a fluid power 
and control system, a test of the hydraulic controls must be conducted 
in accordance with 46 CFR 58.30-35.
    (e) Test waiver. The Commandant may waive certain tests for a winch

[[Page 53483]]

similar in construction to a winch that has successfully completed the 
tests.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.115-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted under paragraph (f) of this section) who witnessed the 
testing, indicating that the report accurately describes the testing 
and its results; and
    (2) The final version of the plans required under Sec.  160.115-9 
of this subpart in triplicate.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.115-15  Production inspections, tests, quality control, and 
conformance of winches.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct or witness inspections, tests, and oversight 
required by this section. Production inspections and tests of a winch 
must be carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional production tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production winches are produced to the same standard, and in the same 
manner, as the prototype winch approved by the Commandant. The 
manufacturer's quality control personnel must not work directly under 
the department or person responsible for either production or sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section) 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant a yearly report that contains the 
following--
    (i) Serial number and date of final assembly of each winch 
constructed;
    (ii) The name of the representative of the independent laboratory 
(or Coast Guard inspector if required under paragraph (a) of this 
section); and
    (iii) Name of the vessel and company receiving the winch, if known;
    (4) Ensure that the arrangement and materials entering into the 
construction of the winch are in accordance with plans approved under 
Sec.  160.115-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the winch, work or testing is performed on 
winches or their component parts and materials, or records are retained 
to meet the requirements of paragraph (c) of this section, below, for 
the purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard 
inspector if required under paragraph (a) of this section) conducts the 
inspections and witnesses the tests required by paragraph (e) of this 
section, and further conducts a visual inspection to verify that the 
winches are being made in accordance with the plans approved under 
Sec.  160.115-13(h) of this subpart and the requirements of this 
subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all items listed in this section for at least 5 years from the date 
of termination of approval of each winch. The records must include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each document listed in Sec.  160.115-5 of this subpart;
    (2) A copy of the approved plans, documentation, and 
certifications;
    (3) A current certificate of approval for each approved winch;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
winches, together with records identifying the serial numbers of the 
winches in which such materials were used;
    (5) Records of all structural welding and name of operator(s);
    (6) Records of welder certificates, training, and qualifications;
    (7) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (8) The serial number of each production winch, along with records 
of its inspections and tests carried out under this section; and
    (9) The original purchaser of each winch and the vessel on which it 
was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under this 
section for each Coast Guard-approved winch to be installed on a U.S. 
flag vessel. If the manufacturer also produces winches for approval by 
other maritime safety administrations, the inspections may be 
coordinated with inspection visits for those administrations.
    (e) Production inspections and tests.
    (1) Each approved winch must be inspected and tested in accordance 
with the procedures in 46 CFR part 159, subpart 159.007 and the brake 
test described in IMO Revised recommendation on testing, Part 2, 
paragraph 6.1.1 (incorporated by reference, see Sec.  160.115-5).
    (2) The lowering tests described in IMO Revised recommendation on 
testing, Part 2, paragraph 6.1 may be performed if the installation 
height is known. If these tests are performed, the results must be in 
accordance with 46 CFR 199.153(h) through (j).


Sec.  160.115-17  Marking and labeling.

    (a) Each winch must be marked with a plate or label permanently 
affixed in a conspicuous place readily accessible for inspection and 
sufficiently durable to withstand continuous exposure to environmental 
conditions at sea for the life of the winch.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Name and address of the manufacturer;
    (2) Manufacturer's model identification;

[[Page 53484]]

    (3) Name of the independent laboratory that witnessed the prototype 
or production tests;
    (4) Serial number of the winch;
    (5) U.S. Coast Guard approval number;
    (6) Month and year of manufacture;
    (7) Safe working load of the winch; and
    (8) Word ``SOLAS''.


Sec.  160.115-19  Operating instructions and information for the ship's 
training manual.

    (a) Each winch must have instructions and information for the 
ship's training manual that use the symbols from IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.115-5) to describe the 
location and operation of the winch.
    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their complete launching systems.
    (c) The winch manufacturer must make operating instructions and 
information required by paragraph (a) of this section available in 
English to the purchaser of a winch approved by the Coast Guard.


Sec.  160.115-21  Operation and maintenance instructions.

    (a) Each winch must have operation and maintenance instructions 
that--
    (1) Follows the general format and content specified in IMO MSC.1 
Circ. 1205 (incorporated by reference, see Sec.  160.115-5); and
    (2) Includes a checklist for use in monthly, external visual 
inspections of the winch.
    (b) The winch manufacturer must make the manual required by 
paragraph (a) of this section available in English to the purchaser of 
a winch approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their complete launching systems.


Sec.  160.115-23  Procedure for approval of design or material change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.115-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production winch. The manufacturer must submit any such change 
following the procedures in Sec.  160.115-9 of this subpart, but 
documentation on items that are unchanged from the plans approved under 
46 CFR 159.005-13 and Sec.  160.115-13(h) of this subpart need not be 
resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype winch with each change described in paragraph (a) of this 
section must be made and tested according to the procedures for new 
approvals in Sec. Sec.  160.115-9 through 160.115-13 of this subpart.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.
    26. Add subpart 160.132 to read as follows:
Subpart 160.132--Launching Appliances--Davits
Sec.
160.132-1 Scope.
160.132-3 Definitions.
160.132-5 Incorporation by reference.
160.132-7 Design, construction, and performance of davits.
160.132-9 Preapproval review.
160.132-11 [Reserved]
160.132-13 Approval inspections and tests for prototype davits.
160.132-15 Production inspections, tests, quality control, and 
conformance of davits.
160.132-17 Marking and labeling.
160.132-19 Operating instructions and information for the ship's 
training manual.
160.132-21 Operation and maintenance instructions.
160.132-23 Procedure for approval of design or material change.

Subpart 160.132--Launching Appliances--Davits


Sec.  160.132-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of a davit used in conjunction with a 
winch approved under 46 CFR part 160, subpart 160.115 for lifeboats 
approved under 46 CFR part 160, subpart 160.135, liferafts approved 
under 46 CFR part 160, subparts 160.051 or 160.151, and rescue boats 
approved under 46 CFR part 160, subparts 160.056 or 160.156.


Sec.  160.132-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.132-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
    Independent laboratory has the same meaning as 46 CFR 169.001-3. A 
list of accepted independent laboratories is available from the 
Commandant and online at http://cgmix.uscg.mil.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.


Sec.  160.132-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural 
Steel, IBR approved for Sec.  160.132-7 (``ASTM A 36'').
    (2) ASTM A 216/A 216M-08 Standard Specification for Steel Castings, 
Carbon, Suitable for Fusion Welding for High-Temperature Service, IBR 
approved for Sec.  160.132-7 (``ASTM A 216'').
    (c) International Maritime Organization (IMO) Publications Section, 
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 
7611, http://www.imo.org/.
    (1) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec.  160.132-19 (``IMO 
Res. A.760(18)'').
    (2) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.132-7, 
160.132-13, and 160.132-

[[Page 53485]]

15 (``IMO revised recommendation on testing'').
    (3) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec.  160.132-7 (``IMO LSA Code'').
    (4) MSC Circular 980, Standardized life-saving appliance evaluation 
and test forms, IBR approved for Sec.  160.132-13 (``IMO MSC Circ. 
980'').
    (5) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.132-21 (``IMO MSC.1 Circ. 1205'').


Sec.  160.132-7  Design, construction, and performance of davits.

    (a) To seek Coast Guard approval of a davit, a manufacturer must 
comply with, and each davit must meet, the requirements of following--
    (1) IMO LSA Code Chapter I/1.2.2 and Chapter VI/6.1.1 through 6.1.5 
(incorporated by reference, see Sec.  160.132-5) applicable to the 
design and intended service of the davit;
    (2) IMO Revised recommendation on testing, Part 1/8.1 (incorporated 
by reference, see Sec.  160.132-5) applicable to the design and 
intended service of the davit;
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each davit must meet the following requirements--
    (1) Materials. Each major structural component of each davit must 
be constructed of steel. Other materials may be used if accepted by the 
Commandant as equivalent or superior--
    (i) Structural steel made by the open-hearth or electric furnace 
process must be in accordance with ASTM A 36 (incorporated by 
reference, see Sec.  160.132-5);
    (ii) Steel castings not intended for fusion welding must be in 
accordance with ASTM A 36, Grades U-60-30, 60-30, 65-30, 65-35, and 70-
36;
    (iii) Steel castings intended to be fabricated by fusion welding 
must be in accordance with ASTM A 216 (incorporated by reference, see 
Sec.  160.132-5), Grades WCA and WCB;
    (iv) Cast iron must not be used in the construction of a davit; and
    (v) Metals in contact with each other must be either galvanically 
compatible or insulated with suitable non-porous materials. Provisions 
must also be made to prevent loosening or tightening resulting from 
differences of thermal expansion, freezing, buckling of parts, galvanic 
corrosion, or other incompatibilities;
    (2) Bearings. (i) Bearings must be of non-ferrous metal, or must be 
of the roller or ball-bearing type;
    (ii) Positive means of lubrication must be provided; and
    (iii) The manufacturer must furnish a lubrication chart for each 
davit together with a plate attached to the davit indicating the 
lubricants recommended for extremes in temperature;
    (3) Guards. All moving parts must have guards;
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests; and
    (5) Hydraulic systems, if installed, must be in accordance with 46 
CFR part 58, subpart 58.30.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.132-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
davit, the manufacturer must submit an application to the Commandant 
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To 
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must 
submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision issue, and date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Stress calculations for all load carrying parts;
    (4) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.132-19 and 160.132-21 of this subpart;
    (5) A description of the quality control procedures and 
recordkeeping that will apply to the production of the davit, which 
must include, but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication and joints, 
including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved release mechanism complies with 
the approved plans and the requirements of this subpart;
    (6) Any other drawing(s) necessary to show that the davit complies 
with the requirements of this subpart;
    (7) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the davit will be 
constructed; and
    (8) The name of the independent laboratory that will perform the 
duties prescribed in Sec.  160.132-15 of this subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section, so long as the preapproval review is 
conducted in accordance with the procedures agreed upon between the 
independent laboratory and Commandant under 46 CFR subpart 159.010.
    (d) Plan quality. All plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the davit meets the 
construction requirements of this subpart;
    (3) Accurately depict the proposed davit;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.132-11  [Reserved]


Sec.  160.132-13  Approval inspections and tests for prototype davits.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.132-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may

[[Page 53486]]

proceed with fabrication of the prototype davit, and the approval 
inspections and tests required under this section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections 
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notifications must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule with the cognizant OCMI that allows 
for a Coast Guard inspector to travel to the site where the testing is 
to be performed;
    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on davits or their component parts and materials 
for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype--
    (A) Conforms with the plans reviewed under Sec.  160.132-9 of this 
subpart;
    (B) Is constructed by the methods and with the materials specified 
in the plans reviewed under Sec.  160.132-9 of this subpart; and
    (C) When welding is part of the construction process, is 
constructed by the welding procedure and materials as per the plans 
reviewed under Sec.  160.132-9 of this subpart and the welders are 
appropriately qualified;
    (ii) Assuring that the quality-assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of davits, together with records identifying the lot or 
serial numbers of the davits in which such materials were used.
    (d) Tests--(1) IMO Revised recommendation on testing. Each 
prototype davit of each design must pass each of the tests described in 
IMO Revised recommendation on testing, Part 1, paragraph 8.1 
(incorporated by reference, see Sec.  160.132-5) applicable to the 
design and service of the davit.
    (2) Visual inspection. Each davit must be visually inspected to 
confirm--
    (i) Compliance with this subpart;
    (ii) Conformance with the examined plans; and
    (iii) Ease of operation and maintenance.
    (3) Hydraulic controls. If the davit design includes a fluid power 
and control system, a test of the hydraulic controls must be conducted 
in accordance with 46 CFR 58.30-35.
    (e) Test waiver. The Commandant may waive certain tests for a davit 
similar in construction to a davit that has successfully completed the 
tests.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.132-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted by paragraph (f) of this section) who witnessed the testing, 
indicating that the report accurately describes the testing and its 
results; and
    (2) The final version of the plans required under Sec.  160.132-9 
of this subpart in triplicate.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.132-15  Production inspections, tests, quality control, and 
conformance of davits.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct or witness inspections, tests, and oversight 
required by this section. Production inspections and tests of davits 
must be carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional production tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production davits are produced to the same standard, and in the same 
manner, as the prototype davit approved by the Commandant. The 
manufacturer's quality control personnel must not work directly under 
the department or person responsible for either production or sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section), 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant a yearly report that contains the 
following--
    (i) Serial number and date of final assembly of each davit 
constructed;
    (ii) The name of the representative of the independent laboratory 
(or Coast Guard inspector if required under paragraph (a) of this 
section); and
    (iii) Name of the vessel and company receiving the davit, if known;
    (4) Ensure that the arrangement and materials entering into the 
construction of the davit are in accordance with plans approved under 
Sec.  160.132-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the davit, work or testing is performed on 
davits or their component parts and materials, or records are retained 
to meet the requirements of paragraph (c) of this section, below, for 
the purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard 
inspector if required under paragraph (a) of this section) conducts the 
inspections and witnesses the tests required by paragraph (e) of this 
section, and further conducts a visual inspection to verify that the 
davits are being made in accordance with the plans approved under Sec.  
160.132-13(h) of this subpart and the requirements of this subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all

[[Page 53487]]

items listed in this section for at least 5 years from the date of 
termination of approval of each davit. The records must include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each document listed in Sec.  160.132-5 of this subpart;
    (2) A copy of the approved plans, documentation, and 
certifications;
    (3) A current certificate of approval for each approved davit;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
davits, together with records identifying the serial numbers of davits 
in which such materials were used;
    (5) Records of all structural welding and name of operator(s);
    (6) Records of welder certificates, training, and qualifications;
    (7) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (8) The serial number of each production davit, along with records 
of its inspections and tests carried out under this section; and
    (9) The original purchaser of each davit and the vessel on which it 
was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under this 
section for each Coast Guard-approved davit to be installed on a U.S.-
flagged vessel. If the manufacturer also produces davits for approval 
by other maritime safety administrations, the inspections may be 
coordinated with inspection visits for those administrations.
    (e) Production inspections and tests. Each approved davit must be 
inspected and tested in accordance with the procedures in 46 CFR part 
159, subpart 159.007 and the load test described in IMO Revised 
recommendation on testing, Part 2, paragraph 6.1.1 (incorporated by 
reference, see Sec.  160.132-5).


Sec.  160.132-17  Marking and labeling.

    (a) Each davit must be marked with a plate or label permanently 
affixed in a conspicuous place readily for inspection and sufficiently 
durable to withstand continuous exposure to environmental conditions at 
sea for the life of the davit.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Name and address of the manufacturer;
    (2) Manufacturer's model identification;
    (3) Name of the independent laboratory that witnessed the prototype 
or production tests;
    (4) Serial number of the davit;
    (5) U.S. Coast Guard approval number;
    (6) Month and year of manufacture;
    (7) Safe working load of the davit; and
    (8) Word ``SOLAS''.


Sec.  160.132-19  Operating instructions and information for the ship's 
training manual.

    (a) Each davit must have instructions and information for the 
ship's training manual that use the symbols from IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.132-5) to describe the 
location and operation of the davit.
    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their complete launching systems.
    (c) The davit manufacturer must make operating instructions and 
information required by paragraph (a) of this section available in 
English to the purchaser of a davit approved by the Coast Guard.


Sec.  160.132-21  Operation and maintenance instructions.

    (a) Each davit must have operation and maintenance instructions 
that--
    (1) Follows the general format and content specified in IMO MSC.1 
Circ. 1205 (incorporated by reference, see Sec.  160.132-5); and
    (2) Includes a checklist for use in monthly, external visual 
inspections of the davit.
    (b) The davit manufacturer must make the manual required by 
paragraph (a) of this section available in English to the purchaser of 
a davit approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their complete launching systems.


Sec.  160.132-23  Procedure for approval of design or material change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.132-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production davit. The manufacturer must submit any such change 
following the procedures in Sec.  160.132-9 of this subpart, but 
documentation on items that are unchanged from the plans approved under 
46 CFR 159.005-13 and Sec.  160.115-13(h) of this subpart need not be 
resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype davit with each change described in paragraph (a) of this 
section must be made and tested according to the procedures for new 
approvals in Sec. Sec.  160.132-9 through 160.132-13 of this subpart.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.
    27. Add subpart 160.133 to read as follows:
Subpart 160.133--Release Mechanisms for Lifeboats and Rescue Boats 
(SOLAS)
Sec.
160.133-1 Scope.
160.133-3 Definitions.
160.133-5 Incorporation by reference.
160.133-7 Design, construction, and performance of release 
mechanisms.
160.133-9 Preapproval review.
160.133-11 [Reserved]
160.133-13 Approval inspections and tests for prototype release 
mechanisms.
160.133-15 Production inspections, tests, quality control, and 
conformance of release mechanisms.
160.133-17 Marking and labeling.
160.133-19 Operating instructions and information for the ship's 
training manual.
160.133-21 Operation and maintenance instructions.
160.133-23 Procedure for approval of design or material change.

Subpart 160.133--Release Mechanisms for Lifeboats and Rescue Boats 
(SOLAS)


Sec.  160.133-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of a release mechanism used for davit-
launched and free-fall lifeboats approved under 46 CFR part 160, 
subpart 160.135, and rescue boats approved under 46 CFR part 160, 
subpart 160.156.


Sec.  160.133-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.133-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
2nd St SW., Stop 7126, Washington, DC 20593-7126.
    Full load means the weight of the complete lifeboat or rescue boat 
including all required equipment, provisions, fuel, and the number of 
persons for which it is approved. This is also known as the ``condition 
B'' weight.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A 
list of accepted independent laboratories is

[[Page 53488]]

available from the Commandant and online at http://cgmix.uscg.mil.
    Light load means the weight of the complete lifeboat or rescue boat 
empty and does not include fuel, required equipment, or the equivalent 
weight of persons. This is also known as the ``condition A'' weight.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.


Sec.  160.133-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at Commandant (CG-5214), U.S. Coast Guard, 2100 2nd St, SW., Stop 7126, 
Washington, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural 
Steel, IBR approved for Sec.  160.133-7 (``ASTM A 36'').
    (2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet, 
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by 
the Hot-Dip Process, IBR approved for Sec. Sec.  160.133-7, 160.133-13, 
and 160.133-15. (``ASTM A 653'').
    (3) ASTM F 1166-07 Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, IBR approved for Sec.  
160.133-7 (``ASTM F 1166'').
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom, +44 
(0)20 7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec.  160.133-19 (``IMO 
Res. A.760(18)'').
    (2) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.133-7 and 
160.133-13 (``IMO Revised recommendation on testing'').
    (3) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec.  160.133-7 (``IMO LSA Code'').
    (4) MSC Circular 980, Standardized life-saving appliance evaluation 
and test report forms, IBR approved for Sec.  160.133-13 (``IMO MSC 
Circ. 980'').
    (5) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.133-21 (``IMO MSC.1 Circ. 1205'').


Sec.  160.133-7  Design, construction, and performance of release 
mechanisms.

    (a) To seek Coast Guard approval of a release mechanism, a 
manufacturer must comply with, and each release mechanism must meet, 
the requirements of the following--
    (1) IMO LSA Code, Chapter IV/4.4.7.6 (incorporated by reference, 
see Sec.  160.133-5), and a release mechanism for free-fall lifeboats 
must also meet the applicable provisions of Chapter VI/6.1.4;
    (2) IMO Revised recommendation on testing, Part 1/6.9 (incorporated 
by reference, see Sec.  160.133-5);
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each release mechanism must meet the following requirements--
    (1) Design. All functions of the release mechanism, including 
removal of interlocks, operation of the release handle, resetting the 
hooks, and reattaching the falls to the hooks, must be designed to be 
operable by persons wearing immersion suits;
    (2) Each release mechanism should be designed following standard 
human engineering practices described in ASTM F 1166 (incorporated by 
reference, see Sec.  160.133-5). Design limits should be based on a 
range from the fifth percentile female to the ninety-fifth percentile 
male values for critical body dimensions and functional capabilities as 
described in ASTM F 1166. The dimensions for a person wearing an 
immersion suit correspond to the arctic clothed dimensions of ASTM F 
1166;
    (3) Steel. Each major structural component of each release 
mechanism must be constructed of steel. Other materials may be used if 
accepted by the Commandant as equivalent or superior. Sheet steel and 
plate must be low-carbon, commercial quality, either corrosion 
resistant or galvanized as per ASTM A 653 (incorporated by reference, 
see Sec.  160.133-5), coating designation G115. Structural steel plates 
and shapes must be carbon steel as per ASTM A 36 (incorporated by 
reference, see Sec.  160.133-5). All steel products, except corrosion 
resistant steel, must be galvanized to provide high-quality zinc 
coatings suitable for the intended service life in a marine 
environment. Each fabricated part must be galvanized after fabrication. 
Corrosion resistant steel must be a standard 302 stainless steel or 
have equal or superior corrosion resistant characteristics.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests.
    (5) Metals in contact with each other must be either galvanically 
compatible or insulated with suitable non-porous materials. Provisions 
must also be made to prevent loosening or tightening resulting from 
differences of thermal expansion, freezing, buckling of parts, galvanic 
corrosion, or other incompatibilities;
    (6) Screws, nuts, bolts, pins, keys, and other similar hardware, 
securing moving parts must be fitted with suitable lock washers, cotter 
pins, or locks to prevent them from coming adrift;
    (7) The on-load operation of the release mechanism must require two 
separate, deliberate actions by the operator;
    (8) The mechanical protection required by LSA Code Chapter IV/
4.4.7.6.2.2 must only be able to be engaged when the release mechanism 
is properly and completely reset. Proper engagement of the mechanical 
protection must be visually indicated;
    (9) The release and recovery procedures required by LSA Code 
Chapter IV/4.4.7.6.5 must be included as an illustrated operation 
instruction

[[Page 53489]]

plate or placard. The plate or placard must be corrosion resistant and 
weatherproof and must be marked with the word ``DANGER''. The 
illustrations must correspond exactly to those used in the instruction 
and maintenance manual provided by the manufacturer;
    (10) The release lever or control must be red in color, and the 
area immediately surrounding the control must be a sharply contrasting 
light color;
    (11) The release lever and its connection to the release mechanism 
must be of sufficient strength so that there is no deformation of the 
release lever or the release control assembly during on-load release;
    (12) Positive means of lubrication must be provided for each 
bearing which is not permanently lubricated. Points of lubrication must 
be so located that they are clearly visible and accessible in the 
installed position in the boat;
    (13) A hydraulic system, if used to activate the release mechanism, 
must be in accordance with 46 CFR part 58, subpart 58.30, with hose and 
fittings in accordance with 46 CFR part 56, subpart 56.60, except 
that--
    (i) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and 
FC332-X are not permitted;
    (ii) The length of nonmetallic flexible hose is limited to 760 mm 
(30 in); and
    (iii) If a hand pump is provided, adequate space must be provided 
for the hand pump or hand operation;
    (14) Each release mechanism designed to launch a boat by free-fall 
must not be able to carry any weight until the release mechanism is 
properly reset, and each of the two independent activation systems 
required to be operated from inside the boat must require at least two 
independent actions from different locations inside the boat to release 
the hook; and
    (15) Each release mechanism must have mechanical protection against 
accidental or premature release that can only be engaged when the 
release mechanism is properly and completely reset. Proper engagement 
of the mechanical protection must be visually indicated.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.133-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review, required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
release mechanism, the manufacturer must submit an application to the 
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval 
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the 
manufacturer must submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision issue, and date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Stress calculations for all load carrying parts, including the 
release hooks, release mechanisms, and connections;
    (4) Hydraulic systems drawings and specifications, if installed;
    (5) Drawings of all signs and placards showing actual inscription, 
format, color, and size;
    (6) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.133-19 and 160.133-21 of this subpart;
    (7) A description of the quality control procedures and 
recordkeeping that will apply to the production of the release 
mechanism, which must include but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication and joints, 
including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved release mechanism complies with 
the approved plans and the requirements of this subpart;
    (8) Full details of any other unique capability;
    (9) Any other drawing(s) necessary to show that the release 
mechanism complies with the requirements of this subpart;
    (10) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the release mechanism 
will be constructed; and
    (11) The name of the independent laboratory that will perform the 
duties prescribed in Sec.  160.133-15 of this subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section, so long as the preapproval review is 
conducted in accordance with the procedures agreed upon between the 
independent laboratory and Commandant under 46 CFR part 159, subpart 
159.010.
    (d) Plan quality. The plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the release mechanism meets 
the construction requirements of this subpart;
    (3) Accurately depict the proposed release mechanism;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.133-11  [Reserved]


Sec.  160.133-13  Approval inspections and tests for prototype release 
mechanisms.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.133-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may proceed with fabrication of the 
prototype release mechanism, and the approval inspections and tests 
required under this section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections 
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notification must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard 
inspector to travel to the site where the testing is to be performed;

[[Page 53490]]

    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on release mechanisms or their component parts and 
materials for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype--
    (A) Conforms with the plans reviewed under Sec.  160.133-9 of this 
subpart;
    (B) Is constructed by the methods and with the materials specified 
in the plans reviewed under Sec.  160.133-9 of this subpart; and
    (C) When welding is part of the construction process, is 
constructed by the welding procedure and materials as per the plans 
reviewed under Sec.  160.133-9 of this subpart and the welders are 
appropriately qualified;
    (ii) Assuring that the quality-assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of release mechanisms, together with records identifying the 
lot or serial numbers of the release mechanisms in which such materials 
were used.
    (d) Tests--(1) Prototype release mechanism readiness. All tests 
must be conducted on a complete release mechanism.
    (2) IMO Revised recommendation on testing. Each prototype release 
mechanism of each design must pass each of the tests described in IMO 
Revised recommendation on testing, Part 1, paragraph 6.9 (incorporated 
by reference, see Sec.  160.133-5) applicable to davit-launched or 
free-fall lifeboats. Tests must be conducted in accordance with these 
paragraphs of IMO Revised recommendation on testing, Part 1, with the 
following modifications--
    (i) Visual inspection. Each release mechanism must be visually 
inspected to confirm--
    (A) Compliance with this subpart;
    (B) Conformance with the examined plans; and
    (C) Ease of operation and maintenance;
    (ii) Operation. Operation of the off-load control, for a davit-
launched boat, must be tested to confirm that the release lever cannot 
be shifted to release the boat in either the full load or light load 
condition. For a free-fall boat, the operation of the hook release must 
be demonstrated using both activation systems and may be tested without 
launching the boat;
    (iii) Materials. Steel meeting ASTM A 653 (incorporated by 
reference, see Sec.  160.133-5) must meet the coating mass and bend 
tests requirement specified under ASTM A 653 after galvanizing or other 
anti-corrosion treatment has been applied. This compliance can be 
ascertained through a supplier's certification or by conducting actual 
tests;
    (iv) Tensile tests. The release mechanism hook assembly and 
supporting structure must be tensile tested in a jig built to load the 
hook assembly in the same way it would be loaded when installed in a 
boat. The hook assembly will be approved for a maximum of one-sixth of 
the highest load applied without failure;
    (v) Universal joints. This test is required if the release 
mechanism employs universal joints to transmit the release power from 
the control to the hook release. One of each type and size of universal 
joint must be set up in a jig with the angles of leads set at 0 (zero), 
30, and 60 degrees, respectively. A torque of 540 Nm (400 ft lb) must 
be applied. This torque must be applied with the connecting rod secured 
beyond the universal and with the lever arm in the horizontal position. 
There must be no permanent set, or undue stress, as a result of this 
test; and
    (vi) Hydraulic controls. If the release mechanism includes a fluid 
power and control system, a test of the hydraulic controls must be 
conducted in accordance with 46 CFR 58.30-35.
    (e) Test waiver. The Commandant may waive certain tests for a 
release mechanism identical in construction to smaller and larger 
release mechanisms that have successfully completed the tests. However, 
stress calculations in accordance with Sec.  160.133-9(b)(3) of this 
subpart must still be submitted. Tests associated with release 
mechanism components that have already been accepted by the Commandant 
are not required to be repeated.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.133-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted under paragraph (f) of this section) who witnessed the 
testing, indicating that the report accurately describes the testing 
and its results; and
    (2) The final plans of the release mechanism as built, in 
triplicate. The plans must include the instructions for training and 
maintenance described in Sec. Sec.  160.133-19 and 160.133-21 of this 
subpart, respectively.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.133-15  Production inspections, tests, quality control, and 
conformance of release mechanisms.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct or witness inspections, tests, and oversight 
required by this section. Production inspections and tests of release 
mechanisms must be carried out in accordance with the procedures for 
independent laboratory inspection in 46 CFR part 159, subpart 159.007 
and in this section, unless the Commandant authorizes alternative tests 
and inspections. The Commandant may prescribe additional production 
tests and inspections necessary to maintain quality control and to 
monitor compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production release mechanisms are produced to the same standard, and in 
the same manner, as the prototype release mechanism approved by the 
Commandant. The manufacturer's quality control personnel must not work 
directly under the department or person responsible for either 
production or sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section) 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant, a yearly report that contains the 
following--

[[Page 53491]]

    (i) Serial number and date of final assembly of each release 
mechanism constructed;
    (ii) The name of the representative of the independent laboratory 
(or Coast Guard inspector if required under paragraph (a) of this 
section); and
    (iii) Serial number and model of the lifeboat or rescue boat in 
which the release mechanism is installed, if known;
    (4) Ensure that the arrangement and materials entering into the 
construction of the release mechanism are in accordance with plans 
approved under Sec.  160.133-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the release mechanism, work or testing is 
performed on release mechanism or their component parts and materials, 
or records are retained to meet the requirements of paragraph (c) of 
this section, for the purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard 
inspector if required under paragraph (a) of this section) conducts the 
inspections and witnesses the tests required by paragraph (e) of this 
section, and further conducts a visual inspection to verify that the 
release mechanisms are being made in accordance with the approved plans 
approved under Sec.  160.133-13(h) of this subpart and the requirements 
of this subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all items listed in this section for at least 5 years from the date 
of termination of approval of each release mechanism. The records must 
include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each document listed in Sec.  160.133-5 of this subpart;
    (2) A copy of the approved plans, documentation, and 
certifications;
    (3) A current certificate of approval for each approved release 
mechanism;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
release mechanisms, together with records identifying the serial 
numbers of the release mechanisms in which such materials were used;
    (5) Records of all structural welding and name of operator(s);
    (6) Records of welder certificates, training, and qualifications;
    (7) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (8) The serial number of each production release mechanism, along 
with records of its inspections and tests carried out under this 
section; and
    (9) The original purchaser of each release mechanism and the vessel 
on which it was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under 
paragraph (e) of this section for each Coast Guard-approved release 
mechanism to be installed on a U.S.-flagged vessel. If the manufacturer 
also produces release mechanisms for approval by other maritime safety 
administrations, the inspections may be coordinated with inspection 
visits for those administrations.
    (e) Production inspections and tests. Each finished release 
mechanism must be visually inspected. The manufacturer must develop and 
maintain a visual inspection checklist designed to ensure that all 
applicable requirements have been met. Each approved release mechanism 
constructed with non-corrosion resistant steel must be confirmed to 
have met the coating mass and bend tests requirement specified under 
ASTM A 653 (incorporated by reference, see Sec.  160.133-5) after 
galvanizing or other anti-corrosion treatment has been applied. This 
compliance can be ascertained through a supplier's certification papers 
or through conducting actual tests.


Sec.  160.133-17  Marking and labeling.

    (a) Each hook body of a release mechanism must be marked with a 
plate or label permanently affixed in a conspicuous place readily 
accessible for inspection and sufficiently durable to withstand 
continuous exposure to environmental conditions at sea for the life of 
the release mechanism.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Manufacturer's name and model identification;
    (2) Name of the independent laboratory that witnessed the prototype 
or production tests;
    (3) Serial number of the release mechanism;
    (4) U.S. Coast Guard approval number;
    (5) Month and year of manufacture;
    (6) Safe working load of the release mechanism; and
    (7) The word ``SOLAS.''


Sec.  160.133-19  Operating instructions and information for the ship's 
training manual.

    (a) Each release mechanism must have instructions and information 
for the ship's training manual that use the symbols from IMO Res. 
A.760(18) (incorporated by reference, see Sec.  160.133-5) to describe 
the location and operation of the release mechanism.
    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their launching systems.
    (c) The release mechanism manufacturer must make the instructions 
and information required by paragraph (a) of this section available--
    (1) In English to purchasers of release mechanisms approved by the 
Coast Guard; and
    (2) In the form of an instruction placard providing simple 
procedures and illustrations for operation of the release mechanism. 
The placard must be not greater than 36 cm (14 in) by 51 cm (20 in), 
and must be made of durable material and suitable for display inside a 
lifeboat and rescue boat and/or near launching appliances on vessels.


Sec.  160.133-21  Operation and maintenance instructions.

    (a) Each release mechanism must have operation and maintenance 
instructions that--
    (1) Follows the general format and content specified in IMO MSC.1 
Circ. 1205 (incorporated by reference, see Sec.  160.133-5); and
    (2) Includes a checklist for use in monthly, external visual 
inspections of the release mechanism.
    (b) The release mechanism manufacturer must make the manual 
required by paragraph (a) of this section available in English to 
purchasers of a release mechanism approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their launching systems.


Sec.  160.133-23  Procedure for approval of design, material, or 
construction change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.133-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production release

[[Page 53492]]

mechanism. The manufacturer must submit any such change following the 
procedures set forth in Sec.  160.133-9 of this subpart, but 
documentation on items that are unchanged from the plans approved under 
46 CFR 159.005-13 and Sec.  160.133-13(h) of this subpart need not be 
resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype release mechanism with each change described in paragraph (a) 
of this section must be made and tested according to the procedures for 
new approvals in Sec. Sec.  160.133-9 through 160.133-13 of this 
subpart.
    (c) Determinations of equivalence of design, material, or 
construction will be made by the Commandant only.
    28. Add subpart 160.135 to read as follows:
Subpart 160.135--Lifeboats (SOLAS)
Sec.
160.135-1 Scope.
160.135-3 Definitions.
160.135-5 Incorporation by reference.
160.135-7 Design, construction, and performance of lifeboats.
160.135-9 Preapproval review.
160.135-11 Fabrication of prototype lifeboats for approval.
160.135-13 Approval inspections and tests for prototype lifeboats.
160.135-15 Production inspections, tests, quality control, and 
conformance of lifeboats.
160.135-17 Marking and labeling.
160.135-19 Operating instructions and information for the ship's 
training manual.
160.135-21 Operation and maintenance instructions.
160.135-23 Procedure for approval of design or material change.

Subpart 160.135--Lifeboats (SOLAS)


Sec.  160.135-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of a lifeboat.


Sec.  160.135-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.135-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST, SW., STOP 7126, WASHINGTON, DC 20593-7126.
    Fiberglass Reinforced Plastic (FRP) is a composite structural 
material formed by electrical-grade glass fibers in Coast Guard 
accepted catalyst activated resin.
    Full load means the weight of the complete lifeboat including all 
required equipment, provisions, fuel, and the number of persons for 
which it is approved. This is also known as the ``condition B'' weight.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A 
list of accepted independent laboratories is available from the 
Commandant and online at http://cgmix.uscg.mil.
    Light load means the weight of the complete lifeboat empty and does 
not include fuel, required equipment, or the equivalent weight of 
persons. This is also known as the ``condition A'' weight.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
    Positive Stability is the condition of a lifeboat such that when it 
is displaced a small amount in any direction from upright, it returns 
on its own to the position before displacement.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.


Sec.  160.135-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural 
Steel, IBR approved for Sec. Sec.  160.135-7 and 160.135-15 (``ASTM A 
36'').
    (2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet, 
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by 
the Hot-Dip Process, IBR approved for Sec. Sec.  160.135-7, 160.135-11, 
and 160.135-15 (``ASTM A 653'').
    (3) ASTM B 127-05(2009) Standard Specification for Nickel-Copper 
Alloy (UNS N04400) Plate, Sheet, and Strip, IBR approved for Sec.  
160.135-7 (``ASTM B 127'').
    (4) ASTM B 209-07 Standard Specification for Aluminum and Aluminum-
Alloy Sheet and Plate, IBR approved for Sec.  160.135-7 (``ASTM B 
209'').
    (5) ASTM D 638-08 Standard Test Method for Tensile Properties of 
Plastics, IBR approved for Sec.  160.135-11 (``ASTM D 638'').
    (6) ASTM D 790-07e1 Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, IBR approved for Sec.  160.135-11 (``ASTM D 970'').
    (7) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured 
Reinforced Resins, IBR approved for Sec. Sec.  160.135-11 and 160.135-
15 (``ASTM D 2584'').
    (8) ASTM D 4029-09 Standard Specification for Finished Woven Glass 
Fabrics, IBR approved for Sec.  160.135-7 (``ASTM D 4029'').
    (9) ASTM F 1166-07 Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, IBR approved for 
Sec. Sec.  160.135-7 and 160.135-13 (``ASTM F 1166'').
    (c) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C--Colors Used in Government Procurement, 
IBR approved for Sec.  160.135-7 (``FED-STD-595C'').
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.658(16), Use and Fitting of Retro-reflective 
Materials on Life-saving Appliances, IBR approved for Sec.  160.135-7 
(``IMO Res. 658(16)'').
    (2) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec. Sec.  160.135-7 and 
160.135-19 (``IMO Res. A.760(18)'').
    (3) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for

[[Page 53493]]

Sec. Sec.  160.135-7 and 160.135-13 (``IMO Revised recommendation on 
testing'').
    (4) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec. Sec.  160.135-7 and 160.135-13 
(``IMO LSA Code'').
    (5) MSC Circular 980, Standardized life-saving appliance evaluation 
and test report forms, IBR approved for Sec. Sec.  160.135-7 and 
160.135-13 (``IMO MSC Circ. 980'').
    (6) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.135-21 (``IMO MSC.1 Circ. 1205'').
    (e) International Organization for Standardization (ISO): ISO 
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211 
Geneve 20, Switzerland.
    (1) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec.  160.135-11 
(``ISO 14125'').
    (2) ISO 527-1:1993 Plastics--Determination of tensile properties, 
IBR approved for Sec.  160.135-11 (``ISO 527'').
    (3) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, IBR approved for 
Sec. Sec.  160.135-11 and 160.135-15 (``ISO 1172'').
    (f) Military Specifications and Standards, Standardization Order 
Desk, Building 4D, 700 Robins Avenue, Philadelphia, PA 19111-5094, 
https://assist.daps.dla.mil/quicksearch/.
    (1) A-A-55308 Cloth And Strip, Laminated Or Coated, Vinyl Nylon Or 
Polyester, High Strength, Flexible, IBR approved for Sec.  160.135-7 
(``A-A-55308'').
    (2) MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4 AUG 
1998, IBR approved for Sec.  160.135-7 (``MIL-C-19663D'').
    (3) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced, 
Marine, 31 AUG 1981, IBR approved for Sec.  160.135-7 (``MIL-P-
17549D(SH)'').


Sec.  160.135-7  Design, construction, and performance of lifeboats.

    (a) To seek Coast Guard approval of a lifeboat, a manufacturer must 
comply with, and each lifeboat must meet, the requirements of the 
following--
    (1) IMO LSA Code, Chapter IV (incorporated by reference, see Sec.  
160.135-5) applicable to the type of lifeboat;
    (2) IMO Revised recommendation on testing, Part 1/6 (incorporated 
by reference, see Sec.  160.135-5) applicable to the type of lifeboat;
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each lifeboat must meet the following requirements:
    (1) Design. (i) Each lifeboat, other than a totally enclosed 
lifeboat, must be designed to be operable by persons wearing immersion 
suits.
    (ii) Each lifeboat should be designed following standard human 
engineering practices described in ASTM F 1166 (incorporated by 
reference, see Sec.  160.135-5). Design limits should be based on a 
range from the fifth percentile female to the ninety-fifth percentile 
male values for critical body dimensions and functional capabilities as 
described in ASTM F 1166. The dimensions for a person wearing an 
immersion suit correspond to the arctic clothed dimensions of ASTM F 
1166.
    (2) Visibility from operator's station. (i) The operator's station 
must be designed such that the operator, when seated at the control 
station, has visibility 360 degrees around the lifeboat, with any areas 
obstructed by the lifeboat structure or its fittings visible by moving 
the operator's head and torso.
    (ii) The operator, while still being able to steer and control the 
speed of the lifeboat, must be able to see the water--
    (A) Over a 90 degree arc within 3 m (9 ft, 10 in) of each side of 
the lifeboat;
    (B) Over a 30 degree arc within 1 m (3 ft, 3 in) of each side of 
the lifeboat; and
    (C) Within 0.5 m (1 ft, 8 in) of the entrances designated for 
recovering persons from the water.
    (iii) In order to see a person in the water during recovery or 
docking operations, a hatch must be provided so that the operator can 
stand with his or her head outside the lifeboat for increased 
visibility, provided the operator can still steer and control the speed 
of the lifeboat.
    (3) Construction. Each major rigid structural component of each 
lifeboat must be constructed of steel, aluminum, Fiber Reinforced 
Plastic (FRP), or materials accepted by the Commandant as equivalent or 
superior.
    (i) General. Metals in contact with each other must be either 
galvanically compatible or insulated with suitable non-porous 
materials. Provisions must also be made to prevent loosening or 
tightening resulting from differences of thermal expansion, freezing, 
buckling of parts, galvanic corrosion, or other incompatibilities.
    (ii) Steel. Sheet steel and plate must be low carbon, commercial 
quality, either corrosion resistant or galvanized as per ASTM A 653, 
coating designation G90 (incorporated by reference, see Sec.  160.135-
5). Structural steel plates and shapes must be carbon steel as per ASTM 
A 36 (incorporated by reference, see Sec.  160.135-5), or an equivalent 
or superior steel accepted by the Commandant. All steel products, 
except corrosion resistant steel, must be galvanized to provide high 
quality zinc coatings suitable for the intended service life in a 
marine environment. Corrosion resistant steel must be a standard 302 
stainless steel or have equal or superior corrosion resistant 
characteristics.
    (iii) Aluminum. Aluminum and aluminum alloys must conform to ASTM B 
209 (incorporated by reference, see Sec.  160.135-5) and be high purity 
for good marine corrosion resistance, free of iron, and containing not 
more than 0.6 percent copper.
    (iv) Fiber Reinforced Plastic.
    (A) Resin. Any resin used for the hull, canopy, hatches, rigid 
covers, and enclosures for the engine, transmission, and engine 
accessories, must be fire retardant and accepted by the Commandant in 
accordance with 46 CFR part 164, subpart 164.017.
    (B) Glass reinforcement. Any glass reinforcement used must have 
good laminated wet strength retention and must meet the appropriate 
specification in this paragraph. Glass cloth must be a finished fabric 
woven from ``E'' electrical glass fiber yarns meeting ASTM D 4029-09 
commercial style designation 1564 (incorporated by reference, see Sec.  
160.135-5). Woven roving must conform to MIL-C-19663D (incorporated by 
reference, see Sec.  160.135-5). Other glass materials equivalent or 
superior in strength, design, wet out, and efficiency will be given 
consideration on specific request to the Commandant.
    (C) Laminate. All exposed surfaces of any finished laminate must 
present a smooth finish, and there must be no protruding surface 
fibers, open voids, pits, cracks, bubbles, or blisters. The laminate 
must be essentially free from resin-starved or overimpregnated areas, 
and no foreign matter must remain in the finished laminate. The entire 
laminate must be fully cured and free of tackiness, and must show no 
tendency to delaminate, peel, or craze in any overlay. The laminate 
must not be released from the mold until a Barcol hardness reading of 
not less than 40-55 is obtained from at least 10 places on the non-gel 
coated surface, including all interior inner and outer hull surfaces 
and built-in lockers. The mechanical properties of the laminate must 
meet the requirements for a Grade 3 laminate as

[[Page 53494]]

specified in Table I of MIL-P-17549D(SH) (incorporated by reference, 
see Sec.  160.135-5). Other grades will be given consideration on 
specific request to the Commandant.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests.
    (5) Lifeboat buoyancy. (i) The buoyancy material must be accepted 
by the Commandant as meeting the performance requirements of the IMO 
Revised recommendation on testing, Part 1, 6.2.2 to 6.2.7, with a 
density of 32  8 kg/m\3\ (2  0.5 lb/ft\3\). The 
buoyancy foam or lifeboat manufacturer must certify the results of the 
testing to IMO Revised recommendation on testing, Part 1, 6.2.2 to 
6.2.7 and submit those results to the Commandant. A list of accepted 
buoyancy foams may be obtained from the Commandant upon request and 
online at http://cgmix.uscg.mil.
    (ii) All voids in the hull and canopy required to provide buoyancy 
for positive stability and self righting must be completely filled with 
Coast Guard accepted buoyancy material.
    (6) Engines. (i) In order to be accepted by the Commandant, any 
compression ignition engine fitted to an approved lifeboat must meet 
the U.S. Environmental Protection Agency emission requirements in 40 
CFR part 89, part 94, or part 1042, as applicable, and have reports 
containing the same information as recommended by MSC Circ. 980 
(incorporated by reference, see Sec.  160.135-5) certified and 
witnessed by a U.S. Coast Guard inspector or an independent laboratory.
    (ii) A hydraulic system, if used to start the engine, must be in 
accordance with 46 CFR part 58, subpart 58.30, with hose and fittings 
in accordance with 46 CFR part 56, subpart 56.60, except that--
    (A) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and 
FC332-X are not permitted; and
    (B) The length of nonmetallic flexible hose is limited to 760 mm 
(30 in). Longer, nonmetallic flexible hoses may be allowed in emergency 
steering systems at the discretion of the Commandant.
    (iii) If a hand pump is provided, or if the engine has a manual 
starting system, adequate space must be provided for the hand pump or 
hand start operation.
    (7) Fuel system. (i) The fuel system must meet 46 CFR 56.50-75(b) 
and, except as specified in this paragraph, the fuel tank must meet 46 
CFR 58.50-10.
    (ii) Tanks constructed with--
    (A) Aluminum must be at least 5 mm (0.20 in) thick of ASTM B 209 or 
5086 alloy;
    (B) Nickel-copper must be at least 0.9 mm (0.0375 in) thick of ASTM 
B 127 hot-rolled sheet or plate;
    (C) Steel or iron must be at least 1.9 mm (0.0747 in) thick. Diesel 
tanks of steel or iron must not have interior galvanizing;
    (D) Fiberglass reinforced plastic must be at least 5 mm (0.187 in) 
thick; be sealed against porosity by at least one ply of chopped strand 
mat; be reinforced in the way of tank openings; be fitted with 
corrosion-resistant fittings; have each joint at the top of the tank; 
and have each joint bonded and through-bolted; or
    (E) Roto-molded plastic must be at least 5 mm thick; must meet the 
requirements of 33 CFR 183.510 (a), (b), and (e) regardless of tank 
capacity; must be able to pass all static pressure tests as required in 
33 CFR 183.510 at a minimum pressure of 5 psi; and be fitted with 
corrosion-resistant fittings.
    (iii) Each fuel tank over 0.75 m (30 in) long must be baffled at 
intervals not exceeding 0.45 m (18 in).
    (iv) A fuel level indicator must be provided for each fuel tank.
    (v) Any fuel tank vent piping must be at least 6 mm (0.25 in) 
outside diameter tubing.
    (vi) A shut-off valve must be provided at the fuel tank and must 
not be provided at the fuel pump. The valve must be clearly labeled. 
The position of the valve must be clearly indicated by a permanent 
marking inside the lifeboat. The marking must be an arrow pointing in 
the direction of the valve, and the words ``FUEL SHUT-OFF VALVE'' must 
be in a color that contrasts with their background. The marking must be 
legible to a person within the vicinity of the engine.
    (8) Starting system batteries. Any battery fitted in a totally 
enclosed lifeboat must be stored in a sealed compartment with exterior 
venting. If the lifeboat has more than one engine, then only one 
starting battery is required per engine.
    (9) Exhaust. Engine exhaust must be routed away from bilge and 
potential oil drips. Any paint used on engines, manifolds, or exhaust 
must not give off fumes when heated. All exhaust lagging must be non-
absorbent.
    (10) Propeller guard. Each propeller on a lifeboat must be fitted 
with a propeller guard with a maximum opening of 76 mm (3 in) on all 
sides on which a person is likely to be exposed.
    (11) Control and steering station. The operator's control and 
steering station must have complete lifeboat lowering and launching, 
hook release, engine throttle, steering controls, and if applicable, an 
air system and water spray system.
    (i) The throttle must be a continuous manual control and must be 
able to be set and locked at any position.
    (ii) The control and steering station must be designed and laid out 
in accordance with ASTM F 1166 sections 9 and 10, so that controls and 
displays are unambiguous, accessible, and easy to reach and use from 
the operator's normal seated position, while wearing an immersion suit 
or a lifejacket.
    (iii) Each control, gauge, or display must be identified by a 
marking posted on, above, or adjacent to the respective item. Each 
control must operate in a logical manner and be marked with an arrow to 
show direction of movement of control which will cause an increased 
response. Each gauge must be marked with the normal operating range and 
indicate danger or abnormal conditions. Each marking must be permanent 
and weatherproof.
    (iv) Gauges, and audio and visual alarms must be provided to 
monitor at least the following parameters--
    (A) Coolant temperature, for a liquid cooled engine;
    (B) Oil pressure, for an engine with an oil pump;
    (C) Tachometer, for an engine not provided with over-speed 
protection; and
    (D) State of charge, or rate of charge, for each rechargeable 
engine starting power source.
    (12) Drain plug. The position of each drain plug must be clearly 
indicated by a permanent marking inside the lifeboat. The marking must 
be an arrow pointing in the direction of the plug, and the words 
``DRAIN PLUG'' must be 76 mm (3 in) high and have letters of a color 
that contrast with their background. The marking must be clearly 
visible to a person within the vicinity of the drain plug.
    (13) Remote steering. The procedure to change over from remote to 
local steering must be simple, not require the use of tools, and be 
clearly posted. There must be sufficient clear space to install, 
operate, remove, and stow the removable tiller arm. The tiller arm and 
its connection to the rudder stock must be of sufficient strength so 
that there is no slippage or bending of the tiller arm. Rudder stops or 
other means must be provided to prevent the rudder from turning too far 
on either side.
    (14) Lifelines. Buoyant lifelines must be of ultraviolet resistant 
material.

[[Page 53495]]

    (15) Rails provided as handholds. Rails provided as handholds to 
cling when the lifeboat is overturned must extend for half the length 
of the lifeboat on both sides of the hull, and the clearance between 
the rail and hull must also be at least 38 mm (1.5 in). The rails must 
be attached to the hull below the chine or turn of the bilge, must be 
faired to prevent any fouling, and not project beyond the widest part 
of the lifeboat.
    (16) Storage compartments and collection and storage of rainwater. 
(i) Each storage compartment must be supported and secured against 
movement. It must have adequate hand access for removing and storing 
the required equipment, provisions, or water, and for cleaning the 
inside of the compartment.
    (ii) The rain water collecting device may be incorporated into the 
design of the canopy or may be a separate unit to be mounted outside 
the lifeboat. The device must have a projected horizontal area of at 
least 1 m\2\ (10.7 ft\2\) collection area and be designed to function 
unattended.
    (iii) Provision must be made to continue to collect water in the 
storage compartment while drawing water to fill a cup. The compartment 
must have a means of drainage and adequate access to allow filling the 
graduated drinking cup required to be carried as part of the lifeboat 
equipment.
    (17) Release mechanism. Each release mechanism must be identified 
at the application for approval of the prototype lifeboat and must be 
approved under 46 CFR part 160, subpart 160.133. The release lever or 
control in the lifeboat must be red in color, and the area immediately 
surrounding the control must be a sharply contrasting light color. An 
illustrated operating instruction plate or placard showing the correct 
off-load and emergency on-load release procedure and recovery procedure 
must be posted so that it is visible and legible from the helmsman's 
normal operating position. The plate or placard must be corrosion 
resistant and weatherproof and must be marked with the word ``DANGER''.
    (18) Painter release. Any painter release must be located such that 
the lifeboat operator can readily release the painter from the 
operator's control and steering station.
    (19) Canopy lamp. Any exterior lifeboat position-indicating light 
must be approved by the Commandant under approval series 161.101.
    (20) Manually-controlled interior light. Any interior light must be 
approved by the Commandant under approval series 161.101.
    (21) Lifeboat equipment. Each lifeboat must be designed to 
accommodate and carry the equipment as specified in 46 CFR 199.175.
    (22) Oars. Oars are not required on a lifeboat with more than one 
engine, provided one engine can be operated while the other is 
disabled.
    (23) Bilge pump. Each lifeboat that is not automatically self-
bailing, must be fitted with a manual bilge pump approved under 46 CFR 
part 160, subpart 160.044. Each such lifeboat with a capacity of 100 
persons or more must carry an additional approved manual bilge pump or 
an engine-powered bilge pump.
    (24) Exterior color. The primary color of the exterior of the 
canopy and interior of partially enclosed lifeboats visible from the 
air must be a highly visible color equivalent to vivid reddish orange 
color number 12197 of FED-STD-595C (incorporated by reference, see 
Sec.  160.135-5), or a durable fluorescent color of a similar hue.
    (25) Self-contained air supply system and fire protection system 
operating instructions. Each compressed gas air cylinder must meet the 
requirements in 46 CFR 147.60. The cylinders must be accessible for 
removal and charging in place. Water-resistant instructions for 
starting the water spray and air supply, if fitted, must be provided 
and mounted in a conspicuous place near the system controls.
    (26) Navigating lights. Each lifeboat must have navigation lights 
that are in compliance with the applicable sections of the 
International and Inland Navigation Rules and meet 46 CFR 111.75-17.
    (27) Retroreflective material. The exterior of each lifeboat and 
its canopy must be marked with Type II retroreflective material 
approved under 46 CFR part 164, subpart 164.018. The arrangement of the 
retroreflective material must comply with IMO Res. A.658(16) 
(incorporated by reference, see Sec.  160.135-5).
    (28) Permanently attached foldable canopy. For a partially enclosed 
lifeboat, the foldable canopy cloth material must meet the 
specifications for Type II, Class 1 requirements of A-A-55308 
(incorporated by reference, see Sec.  160.135-5), or be accepted by the 
Commandant as equivalent or superior.
    (29) Labels and notices. Any labels, caution and danger notices, 
and operating, maintenance, or general instructions, must be in 
accordance with ASTM F 1166, Section 15, in terms of format, content, 
lettering size and spacing, color, and posted location. They must be 
illustrated with symbols in accordance with IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.135-5), as applicable. 
Information and instruction plates, not specifically mentioned in this 
section, must not be posted in the vicinity of the control and steering 
station without prior approval from the Commandant. Identification 
label plates, if required, must be posted on or above the component or 
equipment to be identified.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.135-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review, required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
lifeboat, the manufacturer must submit an application to the Commandant 
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To 
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must 
submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision issue, and date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Seating arrangement plan, including a dimensioned seat form to 
scale;
    (4) A complete material list, with each material referenced to a 
U.S. national standard or, if a copy is provided in English, an 
equivalent international standard;
    (5) Plans for carriage and, in detail, stowage of equipment;
    (6) Hull, canopy, and critical parts lay-up schedule for a Fiber 
Reinforced Plastic (FRP) lifeboat;
    (7) Hull and canopy construction drawings, including particulars of 
joints, welds, seams, and other fabricating details;
    (8) Weights and thickness of each major FRP structural component, 
including the hull, canopy, and inner liners, before outfitting;
    (9) Specification and identification of materials such as steel, 
aluminum, resin, foam, fiberglass, cloth, and plastic used in the 
lifeboat's manufacture;
    (10) Fabrication details for each major structural component, 
including details of each welded joint;
    (11) Lines plans;
    (12) Propulsion system specifications and arrangement and 
installation drawings;

[[Page 53496]]

    (13) Steering system drawings and specifications;
    (14) Release mechanism installation drawings and the mechanism's 
Coast Guard approval number;
    (15) Air and water spray systems drawings and specifications, if 
installed;
    (16) Plans for critical subassemblies;
    (17) Hydraulic systems drawings and specifications, if installed;
    (18) Electrical system schematics and specifications;
    (19) Stability data, including righting arm curves in the light and 
loaded condition for both intact and flooded stability;
    (20) Drawings of all signs and placards, showing actual 
inscription, format, color, size, and location on the lifeboat;
    (21) Complete data pertinent to the installation and use of the 
proposed lifeboat, including the light load (condition A) and full load 
(condition B) weights;
    (22) Specifications for the required launching ramp length and 
angle, and the height of free-fall lifeboat installation above the 
water;
    (23) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.135-19 and 160.135-21 of this subpart;
    (24) A description of the quality control procedures and record 
keeping that will apply to the production of the lifeboat, which must 
include but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication, seams, and 
joints, including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved lifeboat complies with the 
approved plans and the requirements of this subpart;
    (25) Full details of any other unique capability;
    (26) Any other drawing(s) necessary to show that the lifeboat 
complies with the requirements of this subpart;
    (27) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the lifeboat will be 
constructed; and
    (28) The name of the independent laboratory that will perform the 
duties prescribed in Sec. Sec.  160.135-11 and 160.135-15 of this 
subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section so long as the preapproval review is conducted 
in accordance with the procedures agreed upon between the independent 
laboratory and Commandant under 46 CFR part 159, subpart 159.010.
    (d) Plan quality. The plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the lifeboat meets the 
construction requirements of this subpart;
    (3) Accurately depict the proposed lifeboat;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.135-11  Fabrication of prototype lifeboats for approval.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.135-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may proceed with fabrication of the 
prototype lifeboat as set forth in this section.
    (b) Unless the Commandant directs otherwise, an independent 
laboratory must conduct inspections, tests, and oversight required by 
this section. Prototype inspections and tests of a lifeboat must be 
carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional prototype tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (c) Fabrication of a lifeboat must proceed in the following 
sequence:
    (1) The manufacturer must arrange for an independent laboratory (or 
Coast Guard inspector if required under paragraph (b) of this section) 
to inspect, test, and oversee the lifeboat during its fabrication and 
prepare an inspection and test report meeting the requirements of 46 
CFR 159.005-11.
    (2) The independent laboratory must make such inspections as are 
necessary to determine that the prototype is constructed by the methods 
and with the materials specified in the plans reviewed under Sec.  
160.135-9 of this subpart. By conducting at least one inspection during 
its construction, the independent laboratory must determine the 
prototype lifeboat conforms with those plans by inspecting--
    (i) Fiber Reinforced Plastic (FRP) Construction.
    (A) FRP components of each prototype lifeboat must have a layup 
made of unpigmented clear resins so that details of construction are 
visible for inspection. Test panels representative of each prototype 
layup must be tested in accordance with MIL-P-17549D(SH) (incorporated 
by reference, see Sec.  160.135-5). If an accepted MIL-R-21607E(SH) 
Grade B resin is used for the prototype lifeboat, additives for fire 
retardancy must not be used so that the laminate is translucent for 
inspection purposes. Any prototype test lifeboat with Grade B resins 
will not be marked in accordance with Sec.  160.135-17 of this subpart 
for use as a production lifeboat regardless of the outcome of the 
performance tests. Whichever accepted resin the manufacturer decides to 
use for the prototype lifeboat, the same resin must be used in the 
production lifeboats.
    (B) The hull, canopy, and major structural laminates of each 
prototype FRP lifeboat must be tested for resin content, ultimate 
flexural strength, and tensile strength. The test samples must be cut 
out from the prototype lifeboat, or be laid up at the same time, using 
the same procedures and by the same operators as the laminate used in 
the lifeboat. The number of samples used for each test, and the 
conditions and test methods used, must be as per the applicable test 
specified in this paragraph. The resin content must be determined as 
per ASTM D 2584 or ISO 1172 (incorporated by reference, see Sec.  
160.135-5). The flexural ultimate strength must be determined by ASTM D 
790 method I (test condition ``A'', flatwise, dry) or the corresponding 
ISO 14125 test method (incorporated by reference, see Sec.  160.135-5). 
The tensile strength, lengthwise, must be determined as per ASTM D 638 
or ISO 527 (incorporated by reference, see Sec.  160.135-5).

[[Page 53497]]

    (C) Each major FRP component, such as the hull, canopy, and inner 
liner(s), of each prototype FRP lifeboat must be examined and weighed 
after it is completed but before it is assembled. If the lifeboat is 
constructed by the spray lay-up technique, the hull and canopy 
thicknesses must be measured using ultrasonic or equivalent techniques;
    (ii) Steel construction. Steel sheet and plate used for the hull, 
floors, and other structural components of a prototype steel lifeboat 
must meet the bend tests requirement specified under ASTM A 653 
(incorporated by reference, see Sec.  160.135-5) after galvanizing or 
other anti-corrosion treatment has been applied. This may be 
demonstrated through a supplier's certification papers or through 
witnessing actual tests.
    (iii) Coated cloth for partially enclosed lifeboats. Cloth material 
used in the construction of each prototype lifeboat must be confirmed 
to have met the requirements specified under Sec.  160.135-7(b)(28) of 
this subpart. This may be demonstrated through a supplier's 
certification papers or through witnessing actual tests.
    (iv) Welding. Structural components of each prototype lifeboat 
joined by welding must be welded by the welding procedures and 
materials as per the plans reviewed under Sec.  160.135-9 of this 
subpart and by welders appropriately qualified.
    (v) Buoyancy foam. Each major subassembly of a prototype lifeboat, 
such as the hull with liner and canopy with liner, must be weighed 
after the buoyancy foam is installed and before it is further 
assembled.
    (vi) Installation of the propulsion system.
    (vii) Installation of the steering system.
    (viii) Installation of the water spray fire-protection and air 
support system(s), if fitted.
    (3) The independent laboratory must submit the inspection report to 
the Commandant.


Sec.  160.135-13  Approval inspections and tests for prototype 
lifeboats.

    (a) After the Commandant notifies the manufacturer that the 
prototype lifeboat is in compliance with the requirements of Sec.  
160.135-11 of this subpart, the manufacturer may proceed with the 
prototype approval inspections and tests required under this section. 
The prototype lifeboat, the construction of which was witnessed under 
Sec.  160.135-11 of this subpart, must be used for the tests in this 
section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections 
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notification must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard 
inspector to travel to the site where the testing is to be performed;
    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on lifeboats or their component parts and 
materials for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype is constructed by the methods and with the materials 
specified in the plans reviewed under Sec.  160.135-9 of this subpart 
and the inspection report under Sec.  160.135-11 of this subpart;
    (ii) Assuring that the quality assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or test; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of lifeboats, together with records identifying the lot or 
serial numbers of the lifeboats in which such materials were used.
    (d) Tests--(1) Prototype lifeboat readiness. All tests must be 
conducted on a completely outfitted lifeboat, including fixed equipment 
such as compass, searchlight, and navigating lights. Loose equipment 
may be substituted by weights.
    (2) Fiber Reinforced Plastic (FRP) prototype lifeboat lay-up. For 
the prototype of each design of an FRP lifeboat, the lay-up must be 
made of unpigmented resins and clear gel coat.
    (3) Fuel tank. Each non-portable fuel tank must be tested by a 
static head above the tank top of 3 m (10 ft) of water without showing 
any leaks or signs of permanent distortion.
    (4) IMO Revised recommendation on testing. Each prototype lifeboat 
of each design must pass each of the tests for davit-launched or free-
fall lifeboats, as applicable, described in the IMO Revised 
recommendation on testing, Part 1, paragraphs 6.1 through 6.17 
(incorporated by reference, see Sec.  160.135-5). Tests must be 
conducted in accordance with these paragraphs of IMO Revised 
recommendation on testing, Part 1, with the following modifications:
    (i) Fire retardancy/release mechanism and engine tests (Paragraphs 
1/6.2, 6.9, 6.10, 6.14). The tests in the following IMO Revised 
recommendation on testing paragraphs may be accomplished independent of 
the lifeboat, and may be considered completed and need not be repeated 
if the tests have been previously shown to meet the necessary 
requirements--
    (A) Paragraph 6.2;
    (B) Paragraphs 6.9.3 through 6.9.6;
    (C) Paragraph 6.10.2 through 6.10.6; and
    (D) Paragraphs 6.14.6 through 6.14.8.
    (ii) Lifeboat overload test (Paragraph 1/6.3). For a davit launched 
lifeboat, the overload test must be conducted with the lifeboat 
suspended from the lifting hooks. During this test, the canopy of a 
free-fall lifeboat must not deform so as to harm any potential 
occupants.
    (iii) Impact test (Paragraph 1/6.4). The rigid vertical surface 
must not be displaced or deformed as a result of the test.
    (iv) Lifeboat seating space test (Paragraph 1/6.7). The average 
mass of persons used to test the lifeboat seating space must be 
determined by weighing as a group or individually. Each person must 
wear an inherently buoyant SOLAS lifejacket with at least 150 N of 
buoyancy or a Coast Guard-approved lifejacket approved under approval 
series 160.155. For other than a totally enclosed lifeboat, the 
operator(s) must demonstrate that the lifeboat can be operated while 
wearing a Coast Guard approved, insulated-buoyant immersion suit 
approved under approval series 160.171. The Commandant will give 
consideration to requests to test at, and designate lifeboats for, a 
heavier occupant weight than that stated in the IMO LSA Code, Chapter 
IV (incorporated by reference, Sec.  160.135-5).
    (v) Flooded stability test (Paragraph 1/6.8). Any materials used to 
raise the test weights representing the lifeboat occupants above the 
seat pan must be at least as dense as fresh water.
    (vi) Lifeboat operational test, Operation of engine (Paragraph 1/
6.10.1). For the 4-hour lifeboat maneuvering period, the lifeboat must 
not (except for a short period to measure towing force and to 
demonstrate towing fixture durability) be secured, and must be run 
through its full range of speeds and full range of all controls 
throughout the period.

[[Page 53498]]

    (vii) Survival recovery test (Paragraph 1/6.10.8). The recovery 
demonstration must show that no more than two crewmembers are required 
to recover a helpless person of ninety-fifth percentile by weight 
described in ASTM F 1166 (incorporated by reference, see Sec.  160.135-
5) while the crewmembers and helpless person are each wearing a 
lifejacket.
    (viii) Flooded capsizing test (Paragraph 1/6.14.3-.5). For any 
lifeboat also approved as a rescue lifeboat, the lifeboat must return 
to an upright position and, without undue delay, the crew must be able 
to use the lifeboat again as a lifeboat.
    (ix) Fire test (Paragraph 1/6.16.4). The locations where 
temperatures are measured along with the rationale for the proposed 
locations must be provided to the Commandant for approval prior to the 
testing.
    (x) Water spray tests (Paragraph 1/6.16.9). The delivery rate of 
water, or the sprayed water film thickness over the lifeboat, must be 
at least equivalent to that used to achieve passing results for the 
fire test. Full coverage must be obtained without the need to rock the 
lifeboat or induce wetting by wiping or applying any agent.
    (xi) Measuring and evaluating acceleration forces (Paragraph 1/
6.17.5). For free-fall lifeboats, the selection, placement, and 
mounting of the accelerometers along with the rationale for the 
proposed selection, placement, and mounting must be provided to the 
Commandant for approval prior to the testing.
    (xii) Evaluation acceleration forces with the dynamic response 
model (Paragraph 1/6.17.9). For free-fall lifeboats only, sections 
6.17.9 thru 6.17.12 must be used along with the displacement limits for 
lifeboats in Table 2 under ``Evaluation with the dynamic response 
model''.
    (5) Visual inspection. Each lifeboat must be visually inspected to 
confirm--
    (i) Compliance with this subpart;
    (ii) Conformance with plans reviewed under Sec.  160.135-9 of this 
subpart; and
    (iii) Ease of operation and maintenance.
    (e) Test waiver. The Commandant may waive certain tests for a 
lifeboat identical in construction to smaller and larger lifeboats that 
have successfully completed the tests. Tests associated with lifeboat 
components that have already been approved by the Commandant are not 
required to be repeated.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.135-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted by paragraph (f) of this section) who witnessed the testing, 
indicating that the report accurately describes the testing and its 
results; and
    (2) The final plans of the lifeboat as built. The plans must 
include, in triplicate--
    (i) The instructions for training and maintenance described in 
Sec. Sec.  160.135-19 and 160.135-21 of this subpart; and
    (ii) The final version of the plans required under Sec.  160.135-9 
of this subpart.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.135-15  Production inspections, tests, quality control, and 
conformance of lifeboats.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct or witness inspections, tests, and oversight 
required by this section. Production inspections and tests of lifeboats 
must be carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional production tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production lifeboats are produced to the same standard, and in the same 
manner, as the prototype lifeboat approved by the Commandant. The 
manufacturer's quality control personnel must not work directly under 
the department or person responsible for either production or sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section) 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant, a yearly report that contains the 
following--
    (i) Serial number and date of final assembly of each lifeboat 
constructed;
    (ii) Name of the representative of the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section); 
and
    (iii) Name of the vessel and company receiving the lifeboat, if 
known;
    (4) Ensure that the arrangement and materials entering into the 
construction of the lifeboat are in accordance with plans approved 
under Sec.  160.135-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the lifeboat, work or testing is performed on 
lifeboats or their component parts and materials, or records are 
retained to meet the requirements of paragraph (c) below, for the 
purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard 
inspector if required under paragraph (a) of this section) conducts the 
inspections and witnesses the tests required by paragraph (e)(2) of 
this section, and further conducts a visual inspection to verify that 
the lifeboats are being made in accordance with the plans approved 
under Sec.  160.135-13(h) of this subpart and the requirements of this 
subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all items listed in this section for at least 5 years from the date 
of termination of approval of each lifeboat. The records must include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each applicable document listed in Sec.  160.135-5 of this 
subpart;
    (2) A copy of approved plans, documentation, and certifications;

[[Page 53499]]

    (3) A current certificate of approval for each approved lifeboat;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
lifeboats, together with records identifying the serial numbers of the 
lifeboats in which such materials were used;
    (5) Start and finish date and time of the lay-up of each major 
Fiber Reinforced Plastic (FRP) component such as the hull, canopy, and 
inner liner and the names of the operator(s);
    (6) Start and finish date and time of pouring of foam-in-place 
rigid buoyancy foam, and name of operator(s);
    (7) Records of all structural welding and name of operator(s);
    (8) Records of welder certificates, training and qualifications;
    (9) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (10) The serial number of each production lifeboat, along with 
records of its inspections and tests carried out under this section; 
and
    (11) The original purchaser of each lifeboat and the vessel on 
which it was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under 
paragraph (e)(2) of this section for each Coast Guard-approved lifeboat 
to be installed on a U.S.-flagged vessel. If the manufacturer also 
produces lifeboats for approval by other maritime safety 
administrations, the inspections may be coordinated with inspection 
visits for those administrations.
    (e) Production inspections and tests. Each approved lifeboat must 
be inspected and tested in accordance with each of the following 
procedures:
    (1) In-process inspections and tests. Each production lifeboat must 
be examined during lay-up of the hull to verify that the lay-up 
conforms to the approved drawings. Each FRP major component, such as 
the hull, canopy, and inner liner, must be examined and weighed after 
it is completed but before assembled. If the lifeboat is constructed by 
the spray lay-up technique, the hull and canopy thicknesses must be 
measured using ultrasonic or equivalent techniques. Laboratory tests of 
laminates must be conducted at this time. Test samples must be cut out 
from the lifeboat itself or be laid up at the same time, using the same 
procedures and by the same operators as the laminate used in the 
lifeboat. The number of samples used for each test, and the conditions 
and test methods used, must be as described in the applicable test 
specified in this paragraph.
    (i) Weight. The weight of each FRP section, such as hull, canopy, 
and inner liner, must be within 10 percent of similar sections of the 
prototype lifeboat. These weights must be the bare laminate weights. 
Backing plates that are molded into the laminate may be included.
    (ii) Thickness. The average thickness of each section of sprayed-up 
laminate must be within 20 percent of the corresponding sections of the 
prototype.
    (iii) Resin content. Laminate samples from the hull, canopy, and 
inner liners must be tested in accordance with ASTM D 2584 or ISO 1172 
(incorporated by reference, see Sec.  160.135-5). The resin content 
must be within 8 percentage points of the prototype results. If the 
resin content does not comply, flexural ultimate strength and tensile 
tests in paragraph (e)(1)(iv) of this section must be conducted.
    (iv) Flexural ultimate strength and tensile tests. Each laminate 
sample from each major component, such as hull and liner, that does not 
comply with the resin content requirement in paragraph (e)(1)(iii) of 
this section, and from each component of every fifth production 
lifeboat, must be subjected to the flexural ultimate strength and 
tensile strength tests as described in Sec.  160.135-13(c)(2)(i)(B) of 
this subpart. The values must be at least 90 percent of the prototype 
results.
    (v) Buoyancy material. If block foam buoyancy material is used, 
each piece must be weighed after it is cut and shaped to make sure that 
the correct amount of foam is installed. If foamed-in-place buoyancy 
material is used, a separate sample of the foam must be poured, and 
used to make a density determination after it has set. The density must 
be 32 +/- 8 kg/m\3\ (2 +/- 0.5 lb/ft\3\).
    (vi) Steel sheet and plate. Steel sheet and plate for the hull, 
floors, and other structural components must meet ASTM A 36 and ASTM A 
653 as applicable (incorporated by reference, see Sec.  160.135-5). 
Non-corrosive resistant steel must meet the coating mass and bend tests 
requirement specified under ASTM A 653. Compliance for this paragraph 
can be ascertained through supplier's certification papers or through 
conducting actual tests.
    (vii) Cloth. The cloth material used for the construction of each 
partially enclosed lifeboat must meet the material specification of A-A 
55308 (incorporated by reference, see Sec.  160.135-5). This compliance 
can be ascertained through supplier's certification papers or through 
witnessing actual tests.
    (viii) Fuel tank. Each fuel tank must be tested by a static head 
above the tank top of 3 m (10 ft) of water without showing any leaks or 
signs of permanent distortion.
    (ix) Welding. It must be determined that structural components 
joined by welding was performed by welders who are appropriately 
qualified and that the welding procedure and materials are as per the 
plans approved under Sec.  160.135-13(h) of this subpart.
    (2) Post assembly tests and inspections. The finished lifeboat must 
be visually inspected inside and out. The manufacturer must develop and 
maintain a visual inspection checklist designed to ensure that all 
applicable requirements have been met and the lifeboat is equipped in 
accordance with approved plans. At a minimum, each lifeboat must be 
operated for 2 hours during which all lifeboat systems must be 
exercised.


Sec.  160.135-17  Marking and labeling.

    (a) Each lifeboat must be marked with a plate or label permanently 
affixed to the hull in a conspicuous place readily accessible for 
inspection and sufficiently durable to withstand continuous exposure to 
environmental conditions at sea for the life of the lifeboat.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Name and address of the manufacturer;
    (2) Manufacturer's model identification;
    (3) Name of the independent laboratory that witnessed the prototype 
or production test and inspections;
    (4) Serial number of the lifeboat;
    (5) U.S. Coast Guard approval number;
    (6) Month and year of manufacture;
    (7) Material of hull construction;
    (8) Number of persons for which the lifeboat is approved;
    (9) Light load and full load (condition A and condition B weight); 
and
    (10) Word ``SOLAS.''


Sec.  160.135-19  Operating instructions and information for the ship's 
training manual.

    (a) Each lifeboat must have instructions and information for the 
ship's training manual that use the symbols from IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.135-5) to describe the 
location and operation of the lifeboat.

[[Page 53500]]

    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their launching systems.
    (c) The lifeboat manufacturer must make the instructions and 
information required by paragraph (a) of this section available--
    (1) In English to purchasers of a lifeboat approved by the Coast 
Guard; and
    (2) In the form of an instruction placard providing simple 
procedures and illustrations for operation of the lifeboat. The placard 
must be not greater than 36 cm (14 in) by 51 cm (20 in), and must be 
made of durable material and suitable for display near installations of 
lifeboats on vessels.


Sec.  160.135-21  Operation and maintenance instructions.

    (a) Each lifeboat must have operation and maintenance instructions 
that--
    (1) Follows the general format and content specified in MSC.1 Circ. 
1205 (incorporated by reference, see Sec.  160.135-5); and
    (2) Includes a checklist for use in monthly, external visual 
inspections of the lifeboat.
    (b) The lifeboat manufacturer must make the manual required by 
paragraph (a) of this section available in English to purchasers of a 
lifeboat approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their launching systems.


Sec.  160.135-23  Procedure for approval of design, material, or 
construction change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.135-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production lifeboat. The manufacturer must submit any such change 
following the procedures in Sec.  160.135-9 of this subpart, but 
documentation on items that are unchanged from the plans approved under 
46 CFR 159.005-13 and Sec.  160.135-13(h) of this subpart need not be 
resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype lifeboat with each change described in paragraph (a) of this 
section must be made and tested according to the procedures for new 
approvals in Sec. Sec.  160.135-9 through 160.135-13 of this subpart.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.

Subpart 160.151--Inflatable Liferafts (SOLAS)

    29. Revise Sec.  160.151-1 to read as follows:


Sec.  160.151-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
approval by the Coast Guard of inflatable liferafts. This subpart does 
not apply to any inflatable liferaft approved by the Commandant before 
(EFFECTIVE DATE OF FINAL RULE), so long as the liferaft satisfies the 
annual servicing requirements set forth in 46 CFR 160.151-57.
    30. In Sec.  160.151-3--
    a. In the definition for ``Commandant'', remove the text ``(CG-
512)'' and add, in its place, the text ``(CG-5214)''; and
    b. Add, in alphabetical order, the definition for ``Officer in 
Charge, Marine Inspection (OCMI)'', to read as follows:


Sec.  160.151-3  Definitions.

* * * * *
    Officer in Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
* * * * *
    31. Revise Sec.  160.151-5 to read as follows:


Sec.  160.151-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126, 
WASHINGTON, DC 20593-7126 and is available from the sources indicated 
in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM F 1014-02(2007), Standard Specification for Flashlights on 
Vessels, IBR approved for Sec.  160-151-21 (``ASTM F 1014'').
    (2) [Reserved]
    (c) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C--Colors Used in Government Procurement, 
IBR approved for Sec. Sec.  160.151-15 and 160.151-17 (``FED-STD-
595C'').
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.657(16), Instructions for Action in Survival 
Craft, October 1989, IBR approved for Sec.  160.151-21 (``IMO Res. 
A.657(16)'').
    (2) IMO Resolution A.658(16), Use and Fitting of Retro-reflective 
Materials on Life-saving Appliances, IBR approved for Sec.  160.151-15 
(``IMO Res. A.658(16)'').
    (3) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec. Sec.  160.151-7, 160.151-15, 
160.151-17, 160.151-21, 160.151-29, 160.151-33, 160.151-59, and 
160.151-61 (``IMO LSA Code'').
    (4) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.151-21, 
160.151-27, 160.151-29, 160.151-31, and 160.151-57 (``IMO Revised 
recommendation on testing'').
    (e) International Standards Organization ISO Copyright Office, Case 
Postale 56, CH 1211 Geneva 20.
    (1) ISO 15738:2002 Ships and marine technology--Gas inflation 
systems for inflatable life-saving appliances, IBR approved for Sec.  
160.151-27 (``ISO 15738'').
    (2) ISO 17339:2002 Ships and marine technology--Sea anchors for 
survival craft and rescue boats, IBR approved for Sec.  160.151-21 
(``ISO 17339'').
    (3) ISO 18813:2006 Ships and marine technology--Survival equipment 
for

[[Page 53501]]

survival craft and rescue boats, IBR approved for Sec.  160.151-21 
(``ISO 18813'').
    (f) Military Specifications and Standards, Standardization 
Documents Order Desk, Building 4D, 700 Robins Avenue, Philadelphia PA 
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-C-17415E--Cloth, Coated, and Webbing, Inflatable Boat and 
Miscellaneous Use, IBR approved for Sec.  160.151-15 (``MIL-C-
17415E'').
    (2) [Reserved]
    32. In Sec.  160.151-7--
    a. In the introductory text, after the words ``Chapter III of 
SOLAS'', add the words ``and the IMO LSA Code (incorporated by 
reference, see Sec.  160.151-5)''; and after the words ``provisions 
of'', remove the word ``SOLAS'' and add, in its place, the words ``the 
IMO LSA Code:'';
    b. Revise paragraphs (a) and (b) to read as set forth below; and
    c. Remove paragraphs (c), (d), and (e).


Sec.  160.151-7  Construction of inflatable liferafts.

* * * * *
    (a) IMO LSA Code 1.2, General requirements for life-saving 
appliances; and
    (b) IMO LSA Code 4.2, Inflatable liferafts.


Sec.  160.151-11  [Amended]

    33. In Sec.  160.151-11(b) introductory text, after the words 
``must submit an application'', add the words ``to the Commandant''.
    34. In Sec.  160.151-15--
    a. In the introductory text, remove the words ``indicated in Sec.  
160.151-7'' and add, in their place, the words ``and the IMO LSA Code 
(incorporated by reference, see Sec.  160.151-5)'';
    b. In paragraph (a) introductory text, remove the words 
``Regulation III/30.2.1'' and add, in their place, the words ``IMO LSA 
Code, Chapter I/1.2.1''; after the words ``meeting MIL-C-17415E'', add 
the words ``(incorporated by reference, see Sec.  160.151-5)''; after 
the words ``equivalent or superior'' remove the symbol ``-''and add, in 
its place, the words ``and be capable of withstanding the prototype 
tests specified in 160.151-27 of this subchapter.'';
    c. Remove paragraphs (a)(1), (a)(2), (a)(3), and (a)(4);
    d. In paragraph (b), remove the words ``Regulation III/30.2.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.1'';
    e. In paragraph (c), remove the words ``Regulation III/30.2.1'' and 
add, in their place, the words ``IMO LSA Code Chapter I/1.2.2.1'';
    f. In paragraph (d), remove the words ``Regulation III/30.2.4'' and 
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.4'';
    g. In paragraph (e), remove the words ``Regulation III/30.2.6'' and 
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.6''; and 
remove the words ``(color number 34 of NBS Special Publication 440)'' 
and add, in their place, the words ``(color number 12197 of FED-STD-
595C (incorporated by reference, see Sec.  160.151-5))'';
    h. In paragraph (f), remove the words ``Regulation III/30.2.7'' and 
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.7''; and 
remove the words ``IMO Resolution A.658(16)'' and add, in their place, 
the words '' IMO Res. A.658(16) (incorporated by reference, see Sec.  
160.151-5)'';
    i. In paragraph (g), remove the words ``Regulation III/38.1.4'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.1.4'';
    j. In paragraph (h), remove the words ``Regulation III/38.2.2'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.2.2'';
    k. In paragraph (i), remove the words ``Regulation III/38.3.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.3.1'';
    l. Remove and reserve paragraph (j);
    m. In paragraph (k), remove the words ``Regulation III/38.6.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.6.1'';
    n. In paragraph (l) introductory text, remove the words 
``Regulation III/39.2.3'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.2.2.3'';
    o. Redesignate paragraphs (m), (n), and (o) as paragraphs (n), (o), 
and (p) respectively.
    p. Add paragraph (m) to read as set out below;
    q. In newly redesignated paragraph (n), remove the words 
``Regulation III/39.4.2'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.2.4.2'';
    r. In newly redesignated paragraph (o), remove the words 
``Regulation III/39.6.2'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.1.3.3''; after the word ``exterior'', add the words 
``and interior''; and remove the word ``lamp'' and add, in its place, 
the word ``lamps''; and
    s. In newly redesignated paragraph (p) introductory text, remove 
the words ``Regulation III/39.7.1'' and add, in their place, the words 
``IMO LSA Code, Chapter IV/4.2.6.1''.


Sec.  160.151-15  Design and performance of inflatable liferafts.

* * * * *
    (m) Inflation systems (IMO LSA Code, Chapter IV/4.2.2.3). Gas 
inflation systems, including gas-cylinder valves; gas-cylinder 
operating heads; high-pressure hose assemblies; and pressure relief, 
inflation/deflation, and non-return/transfer valves; must be certified 
as complying with the requirements of ISO 15738 (incorporated by 
reference, see Sec.  160.151-5).
* * * * *


Sec.  160.151-17  [Amended]

    35. In 160.151-17--
    a. In the introductory text, after the words ``regulations of 
SOLAS'', add the words ``and IMO LSA Code (incorporated by reference, 
see Sec.  160.151-5)'';
    b. In paragraph (a), remove the words ``Regulation III/39.5.1'' and 
add, in their place, the words ``the IMO LSA Code, Chapter IV/4.2.5'';
    c. In paragraph (a)(2)(vii), remove the words ``(color number 34 of 
NBS Special Publication 440)'' and add, in their place, the words 
``(color number 12197 of FED-STD-595C (incorporated by reference, see 
Sec.  160.151-5))'';
    d. In paragraph (b), remove the words ``Regulation III/39.4.1'' and 
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.4.1''; 
and
    e. Remove and reserve paragraph (c).
    36. In Sec.  160.151-21--
    a. In the introductory text, after the words ``regulations of 
SOLAS'', add the words ``and the IMO LSA Code (incorporated by 
reference, see Sec.  160.151-5)'';
    b. In paragraph (a), remove the first instance of the words 
``Regulation III/38.5.1.1'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.1''; and after the words ``buoyant heaving 
line'', remove the words ``described by Regulation III/38.5.1.1'';
    c. In paragraph (b), remove the first instance of the words 
``Regulation III/38.5.1.2'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.2''; and after the words ``folding 
knife'', remove the words ``carried as permitted by Regulation III/
38.5.1.2'';
    d. In paragraph (c), remove the first instance of the words 
``Regulation III/38.5.1.3'' and add, in their place, the words ``(IMO 
LSA Code, Chapter IV/4.1.5.1.3 and ISO 18813 (incorporated by 
reference, see Sec.  160.151-5))''; and after the words ``Each 
bailer'', remove the words ``described by Regulation III/38.5.1.3'';
    e. In paragraph (d), remove the first instance of the words 
``Regulation III/38.5.1.4'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.4''; and after the words ``Each sponge'', 
remove the words ``described by Regulation III/38.5.1.4'';

[[Page 53502]]

    f. In paragraph (e), remove the first instance of the words 
``Regulation III/38.5.1.5'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.5 and ISO 17339 (incorporated by 
reference, see Sec.  160.151-5)''; remove the two instances of the 
words ``described by Regulation III/38.5.1.5''; and after the words 
``hauled in by one person.'', add the sentence ``Sea anchors must be 
attached to the raft at a position so as to orient the primary entrance 
away from the seas as far as practicable while still allowing the sea 
anchor to be retrieved by a person inside the raft.'';
    g. In paragraph (f), remove the words ``Regulation III/38.5.1.6'' 
and add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.5.1.6 
and ISO 18813''; and remove the words ``IMO Resolution A.689(17)'' and 
add, in their place, the words ``IMO Revised recommendation on testing 
(incorporated by reference, see Sec.  160.151-5).'';
    h. In paragraph (g), remove the first instance of the words 
``Regulation III/38.5.1.7'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.7 and ISO 18813''; and after the words ``a 
tin-opener'', remove the words ``described by Regulation III/
38.5.1.7'';
    i. In paragraph (h), remove the first instance of the words 
``Regulation III/38.5.1.8'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.8''; and after the words ``Each first-aid 
kit'', remove the words ``described by Regulation III/38.5.1.8'';
    j. In paragraph (i), remove the first instance of the words 
``Regulation III/38.5.1.9'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.9 and ISO 18813''; and after the words 
``The whistle'', remove the words ``described by Regulation III/
38.5.1.9'';
    k. In paragraph (j), remove the first instance of the words 
``Regulation III/38.5.1.10'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.10''; and after the words ``Each rocket 
parachute flare'', remove the words ``described by Regulation III/
38.5.1.10'';
    l. In paragraph (k), remove the first instance of the words 
``Regulation III/38.5.1.11'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.11''; and after the words ``Each hand 
flare'', remove the words ``described by Regulation III/38.5.1.11'';
    m. In paragraph (l), remove the first instance of the words 
``Regulation III/38.5.1.12'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.12''; and after the words ``Each buoyant 
smoke signal'', remove the words ``described by Regulation III/
38.5.1.12'';
    n. In paragraph (m), remove the first instance of the words 
``Regulation III/38.5.1.13'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.13''; after the words ``The waterproof 
electric torch'', remove the words ``described by Regulation III/
38.5.1.13''; and after the words ``see Sec.  160.151-5'', add the 
symbol '')'';
    o. In paragraph (n), remove the words ``Regulation III/38.5.1.14'' 
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.14'';
    p. In paragraph (o), remove the first instance of the words 
``Regulation III/38.5.1.15'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.15''; and after the words ``Each 
signalling mirror'' remove the words ``described by Regulation III/
38.5.1.15'';
    q. In paragraph (p), remove the first instance of the words 
``Regulation III/38.5.1.16'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.16''; and after the words ``transparent 
waterproof container'', remove the words ``as described by Regulation 
III/38.5.1.16'';
    r. In paragraph (q), remove the words ``Regulation III/38.5.1.17'' 
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.17'';
    s. In paragraph (r), remove the words ``Regulation III/38.5.1.18.'' 
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.18'';
    t. In paragraph (s), remove the first instance of the words 
``Regulation III/38.5.1.19'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.19''; remove the words ``The fresh water 
required by Regulation III/38.5.1.19 must be ``emergency drinking 
water'''' and add, in their place, the words ``Emergency drinking water 
must be''; after the words ``The desalting apparatus'', remove the 
words ``described in Regulation III/38.5.1.19''; and remove the last 
sentence of the paragraph;
    u. In paragraph (t), remove the first instance of the words 
``Regulation III/38.5.1.20'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.20 and ISO 18813''; and after the words 
``The drinking cup'', remove the words ``described in Regulation III/
38.5.1.20'';
    v. In paragraph (u), remove the first instance of the words 
``Regulation III/38.5.1.21'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.21 and ISO 18813''; and after the words 
``The anti-seasickness medicine'', remove the words ``required by 
Regulation III/38.5.1.21'';
    w. In paragraph (v), remove the first instance of the words 
``Regulation III/38.5.1.22'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.22 and ISO 18813''; and after the words 
``The instructions'', remove the words ``required by Regulation III/
38.5.1.22'';
    x. In paragraph (v)(3), remove the words ``IMO Resolution 
A.657(16)'' and add, in their place, the words ``IMO Res. A.657(16) 
(incorporated by reference, see Sec.  160.151-5)'';
    y. In paragraph (w), remove the words ``Regulation III/38.5.1.23'' 
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.23'';
    z. In paragraph (w)(3), remove the words ``IMO Resolution 
A.657(16)'' and add, in their place, the words ``IMO Res. A.657(16)'';
    aa. In paragraph (x), remove the first instance of the words 
``Regulation III/38.5.1.24'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.1.5.1.24''; and after the words ``Each thermal 
protective aid'', remove the words ``described by Regulation III/
38.5.1.24'';
    bb. In paragraph (y), remove the first instance of the words 
``Regulation III/39.10.1.1'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.2.9.1.1 and ISO 18813''; and after the words 
``The repair outfit'', remove the words ``required by Regulation III/
39.10.1.1'';
    cc. Revise paragraph (y)(2) to read as set out below;
    dd. In paragraph (y)(3), remove the text ``; and'' and add, in its 
place, the symbol ``.'';
    ee. Remove paragraph (y)(4); and
    ff. In paragraph (z), remove the first instance of the words 
``Regulation III/39.10.1.2'' and add, in their place, the words ``IMO 
LSA Code, Chapter IV/4.2.9.1.2''; and after the words ``The pump or 
bellows'', remove the words ``required by Regulation III/39.10.1.2''.


Sec.  160.151-21  Equipment required for SOLAS A and SOLAS B inflatable 
liferafts.

* * * * *
    (y) * * *
    (2) Five or more tube patches at least 50 mm (2 in) in diameter 
(the Commandant will consider self-adhesive patches per ISO 18813 as an 
alternative); and
* * * * *


Sec.  160.151-27  [Amended]

    37. In Sec.  160.151-27--
    a. Remove each instance of the words ``IMO Resolution A.689(17)'' 
and add, in their place, the words ``IMO Revised recommendation on 
testing'';
    b. In paragraph (a), remove the word ``inclusive''; and
    c. In paragraph (c)(5), remove the word ``liters'' and add, in its 
place, the text ``L''.

[[Page 53503]]

Sec.  160.151-29  [Amended]

    38. In Sec.  160.151-29, in the introductory text, remove the words 
``Regulation III/39.5.1'' and add, in their place, the words ``IMO LSA 
Code, Chapter IV/4.3.5 (incorporated by reference, see Sec.  160.151-
5)''; and remove the words ``IMO Resolution A.689(17)'' and add, in 
their place, the words ``IMO Revised recommendation on testing 
(incorporated by reference, see Sec.  160.151-5)''.
    39. In Sec.  160.151-31--
    a. Remove each instance of the words ``IMO Resolution A.689(17)'' 
and add, in their place, the words ``IMO Revised recommendation on 
testing'';
    b. In paragraph (a) introductory text, remove the word ``part'' and 
add, in its place, the text ``46 CFR part''; and remove the words ``of 
this chapter'';
    c. In paragraph (c), remove the symbol ``Sec.  '' and add, in its 
place, the text ``46 CFR''; and remove the words ``of this chapter'';
    d. In paragraph (d), after the words ``through 5.1.6 inclusive,'', 
add the words ``(incorporated by reference, see Sec.  160.151-5)''; and
    e. Add paragraph (h) to read as follows:


Sec.  160.151-31  Production inspections and tests of inflatable 
liferafts.

* * * * *
    (h) The manufacturer must notify the cognizant Officer in Charge, 
Marine Inspection (OCMI) whenever final production inspections and 
tests are to be performed so that the OCMI may assign a marine 
inspector to the factory to witness the applicable tests and to ensure 
that the quality assurance program of the manufacturer is satisfactory.


Sec.  160.151-33  [Amended]

    40. In 160.151-33--
    a. In paragraph (b) introductory text, remove the words 
``Regulation III/39.7.3 of SOLAS'' and add, in their place, the words 
``IMO LSA Code, Chapter IV/4.2.6.3 (incorporated by reference, see 
Sec.  160.151-5)''; and
    b. In paragraph (c) introductory text, remove the words 
``Regulation III/39.8 of SOLAS'' and add, in their place, the words 
``IMO LSA Code, Chapter IV/4.2.7.1''.


Sec.  160.151-57  [Amended]

    41. In 160.151-57--
    a. In paragraph (b)(1), remove the words ``IMO Resolution A.689(17) 
paragraph 2/5.1.5'' and add, in their place, the words ``IMO Revised 
recommendation on testing, paragraph 2/5.1.5 (incorporated by 
reference, see Sec.  160.151-5)'';
    b. In paragraph (b)(5)(i), remove the words ``if its expiration 
date has passed'' and add, in their place, the words ``at the time of 
servicing if there is less than 6 months remaining before the 
expiration date'';
    c. In paragraph (b)(11), remove the words ``IMO Resolution 
A.658(16)'' and add, in their place, the words ``IMO Revised 
recommendation on testing''; add the words ``46 CFR'' in front of the 
words ``part 164''; and remove the words ``of this subchapter'';
    d. In paragraph (e), remove the words ``49 CFR 173.34'' and add, in 
their place, the text ``49 CFR 180.205'';
    e. In paragraph (f), remove the words ``IMO Resolution A.689(17)'' 
and add, in their place, the words ``IMO Revised recommendation on 
testing''; and
    f. In paragraph (g), after the text ``(b) through'', add the text 
``(f)''.


Sec.  160.151-59  [Amended]

    42. In 160.151-59(a), remove the words ``regulations III/18.2, 
19.3, 51, and 52 of SOLAS'' and add, in their place, the words ``SOLAS 
Chapter III, Regulation 35 (III/35)''.


Sec.  160.151-61  [Amended]

    43. In 160.151-61(a), remove the words ``regulations III/19.3 and 
III/52 of SOLAS'' and add, in their place, the words ``SOLAS Chapter 
III, Regulation 36 (III/36)''.
    44. Add subpart 160.156 to read as follows:
Subpart 160.156--Rescue Boats and Fast Rescue Boats (SOLAS)
Sec.
160.156-1 Scope.
160.156-3 Definitions.
160.156-5 Incorporation by reference.
160.156-7 Design, construction, and performance of rescue boats and 
fast rescue boats.
160.156-9 Preapproval review.
160.156-11 Fabrication of prototype rescue boats for approval.
160.156-13 Approval inspections and tests for prototype rescue 
boats.
160.156-15 Production inspections, tests, quality control, and 
conformance of rescue boats.
160.156-17 Marking and labeling.
160.156-19 Operating instructions and information for the ship's 
training manual.
160.156-21 Operation and maintenance instructions.
160.156-23 Procedure for approval of design, material, or 
construction change.

Subpart 160.156--Rescue Boats and Fast Rescue Boats (SOLAS)


Sec.  160.156-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of a rescue boat, including a fast rescue 
boat, complying with SOLAS and the IMO LSA Code, for use on waters 
other than protected waters as defined in 46 CFR 175.400.


Sec.  160.156-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.156-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
    Full load means the weight of the complete rescue boat, including 
all required equipment, provisions, fuel, and the number of persons for 
which it is approved. This is also known as the condition ``B'' weight.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A 
list of accepted independent laboratories is available from the 
Commandant and online at http://cgmix.uscg.mil.
    Light load means the weight of the complete rescue boat empty and 
does not include fuel, required equipment, or the equivalent weight of 
persons. This is also known as the condition ``A'' weight.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.


Sec.  160.156-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available

[[Page 53504]]

for inspection at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST 
SW., STOP 7126, WASHINGTON, DC 20593-7126 and is available from the 
sources indicated in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural 
Steel, IBR approved for Sec. Sec.  160.156-7 and 160.156-15 (``ASTM A 
36'').
    (2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet, 
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by 
the Hot-Dip Process, IBR approved for Sec. Sec.  160.156-7, 160.156-11 
and 160.156-15 (``ASTM A 653'').
    (3) ASTM B 209-07 Standard Specification for Aluminum and Aluminum-
Alloy Sheet and Plate, IBR approved for Sec.  160.135-7 (``ASTM B 
209'').
    (4) ASTM D 638-08 Standard Test Method for Tensile Properties of 
Plastics, IBR approved for Sec.  160.156-11 (``ASTM D 638'').
    (5) ASTM D 790-07e1 Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, IBR approved for Sec.  160.156-11 (``ASTM D 790'').
    (6) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured 
Reinforced Resins, IBR approved for Sec. Sec.  160.156-11 and 160.156-
15 (``ASTM D 2584'').
    (7) ASTM D 4029-09 Standard Specification for Finished Woven Glass 
Fabrics, IBR approved for Sec.  160.156-7 (``ASTM D 4029'').
    (8) ASTM F 1166-07 Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, IBR approved for 
Sec. Sec.  160.156-7 and 160-156-13 (``ASTM F 1166'').
    (c) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C--Colors Used in Government Procurement, 
IBR approved for Sec.  160.156-7 ``(FED-STD-595C'').
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.658(16), Use and Fitting of Retro-reflective 
Materials on Life-saving Appliances, IBR approved for Sec.  160.156-7 
(``IMO Res. A.658(16)'').
    (2) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec. Sec.  160.156-7 and 
160.156-19 (``IMO Res. A.760(18)'').
    (3) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.156-7 and 
160.156-13 (``IMO Revised recommendation on testing'').
    (4) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec.  160.156-7 (``IMO LSA Code'').
    (5) MSC Circular 980, Standardized life-saving appliance evaluation 
and test report forms, IBR approved for Sec. Sec.  160.156-7 and 
160.156-13 (``IMO MSC Circ. 980'').
    (6) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.156-21 (``IMO MSC.1 Circ. 1205'').
    (e) International Organization for Standardization (ISO), ISO 
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211 
Geneve 20, Switzerland.
    (1) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec.  160.156-11 
(``ISO 14125'').
    (2) ISO 527-1:1993 Plastics--Determination of tensile properties, 
IBR approved for Sec.  160.156-11 (``ISO 527'').
    (3) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, IBR approved for 
Sec. Sec.  160.156-11 and 160.156-15 (``ISO 1172'').
    (4) ISO 15372:2000 Ships and marine technology--Inflatable rescue 
boats--Coated fabrics for inflatable chambers, IBR approved for 
Sec. Sec.  160.156-7 and 160.156-15 (``ISO 15372'').
    (f) Military Specifications and Standards, Standardization 
Documents Order Desk, Building 4D, 700 Robins Avenue, Philadelphia PA 
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-C-19663D, Cloth, Woven Roving, For Plastic Laminate, 4 AUG 
1998, IBR approved for Sec.  160.156-7 (``MIL-C-19663D'').
    (2) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced, 
Marine, 31 AUG 1981, IBR approved for Sec. Sec.  160.156-7 and 160.156-
11 (``MIL-P-17549D(SH)'').
    (3) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating, 
Fire-Retardant, 25 May 1990, IBR approved for Sec.  160.156-11 (``MIL-
R-21607E(SH)'').
    (g) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096.
    (1) SAE J1527-93, Marine Fuel Hoses, IBR approved for Sec.  
160.156-7 (``SAE J1527'').
    (2) [Reserved]
    (h) Underwriters Laboratories (UL), 2600 NW. Lake Rd, Camas, WA 
98607-8542, Phone: 877-854-3577.
    (1) UL 1102, Standard for Nonintegral Marine Fuel Tanks, IBR 
approved for Sec.  160.156-7 (``UL 1102'').
    (2) UL 1185, Standard for Portable Marine Fuel Tanks, IBR approved 
for Sec.  160.156-7 (``UL 1185'').


Sec.  160.156-7  Design, construction and performance of rescue boats.

    (a) To seek Coast Guard approval of a rescue boat, including a fast 
rescue boat, a manufacturer must comply with, and each rescue boat must 
meet, the requirements of the following:
    (1) IMO LSA Code Chapter V (incorporated by reference, see Sec.  
160.156-5);
    (2) IMO Revised recommendation on testing, Part 1/7 (incorporated 
by reference, see Sec.  160.156-5) applicable to the type of rescue 
boat;
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each rescue boat must meet the following requirements:
    (1) Design. (i) Each rescue boat must be designed to be operable by 
persons wearing immersion suits.
    (ii) Each rescue boat should be designed following standard human 
engineering practices described in ASTM F 1166 (incorporated by 
reference, see Sec.  160.156-5). Design limits should be based on a 
range from the fifth percentile female to the ninety-fifth percentile 
male values for critical body dimensions and functional capabilities as 
described in ASTM F 1166. The dimensions for a person wearing an 
immersion suit correspond to the arctic-clothed dimensions of ASTM F 
1166.
    (2) Visibility from operator's station. (i) The operator's station 
must be designed such that the operator, when seated at the control 
station, has visibility 360 degrees around the rescue boat, with any 
areas obstructed by the rescue boat structure or its fittings visible 
by moving the operator's head and torso.
    (ii) The operator, while still being able to steer and control the 
speed of the rescue boat, must be able to see the water--
    (A) Over a 90 degree arc within 3 m (10 ft) of each side of the 
rescue boat;

[[Page 53505]]

    (B) Over a 30 degree arc within 1 m (3 ft, 3 in) of each side of 
the rescue boat; and
    (C) Within 0.5 m (1 ft, 8 in) of the entrances designated for 
recovering persons from the water.
    (iii) In order to see a person in the water during recovery or 
docking operations, a hatch must be provided in fully enclosed rescue 
boats so that the operator can stand with his or her head outside the 
rescue boat for increased visibility, provided the operator can still 
steer and control the speed of the rescue boat.
    (3) Construction. Each major rigid structural component of each 
rescue boat must be constructed of steel, aluminum, or Fiber Reinforced 
Plastic (FRP), or materials accepted by the Commandant as equivalent or 
superior.
    (i) General. Metals in contact with each other must be either 
galvanically compatible or insulated with suitable non-porous 
materials. Provisions must also be made to prevent loosening or 
tightening resulting from differences of thermal expansion, freezing, 
buckling of parts, galvanic corrosion, or other incompatibilities.
    (ii) Steel. Sheet steel and plate must be low carbon, commercial 
quality, either corrosion resistant or galvanized as per ASTM A 653, 
coating designation G90 (incorporated by reference, see Sec.  160.156-
5). Structural steel plates and shapes must be carbon steel as per ASTM 
A 36 (incorporated by reference, see Sec.  160.156-5), or an equivalent 
or superior steel accepted by the Commandant. All steel products, 
except corrosion resistant steel, must be galvanized to provide high 
quality zinc coatings suitable for the intended service life in a 
marine environment. Corrosion resistant steel must be a standard 302 
stainless steel or have equal or superior corrosion resistant 
characteristics.
    (iii) Aluminum. Aluminum and aluminum alloys must conform to ASTM B 
209 (incorporated by reference, see Sec.  160.156-5) and be high purity 
for good marine corrosion resistance, free of iron, and containing not 
more than 0.6 percent copper.
    (iv) Fiber Reinforced Plastic (FRP).
    (A) Resin. Any resin used for the hull, canopy, hatches, rigid 
covers, and enclosures for the engine, transmission, and engine 
accessories, must be fire retardant and accepted by the Commandant in 
accordance with 46 CFR part 164, subpart 164.017.
    (B) Glass reinforcement. Any glass reinforcement used must have 
good laminated wet strength retention and must meet the appropriate 
specification in this paragraph. Glass cloth must be a finished fabric 
woven from ``E'' electrical glass fiber yarns meeting ASTM D 4029-09 
commercial style designation 1564 (incorporated by reference, see Sec.  
160.156-5). Woven roving must conform to MIL-C-19663D, (incorporated by 
reference, see Sec.  160.156-5). Other glass materials equivalent or 
superior in strength, design, wet out, and efficiency will be given 
consideration on specific request to the Commandant.
    (C) Laminate. All exposed surfaces of any finished laminate must 
present a smooth finish, and there must be no protruding surface 
fibers, open voids, pits, cracks, bubbles, or blisters. The laminate 
must be essentially free from resin-starved or overimpregnated areas, 
and no foreign matter must remain in the finished laminate. The entire 
laminate must be fully cured and free of tackiness, and must show no 
tendency to delaminate, peel, or craze in any overlay. The laminate 
must not be released from the mold until a Barcol hardness reading of 
not less than 40-55 is obtained from at least 10 places on the non-gel 
coated surface, including all interior inner and outer hull surfaces 
and built-in lockers. The mechanical properties of the laminate must 
meet the requirements for a Grade 3 laminate as specified in Table I of 
MIL-P-17549D(SH) (incorporated by reference, see Sec.  160.156-5). 
Other grades will be given consideration on specific request to the 
Commandant.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests.
    (5) Rescue boat buoyancy. (i) The buoyancy material must be 
accepted by the Commandant as meeting the performance requirements of 
IMO Revised recommendation on testing, Part 1, 6.2.2 to 6.2.7, with a 
density of 32  8 kg/m\3\ (2  0.5 lb/ft\3\). The 
buoyancy foam or rescue boat manufacturer must certify the results of 
the testing to IMO Revised recommendation on testing, Part 1, 6.2.2 to 
6.2.7 and submit those results to the Commandant. A list of accepted 
buoyancy foams may be obtained from the Commandant upon request.
    (ii) All voids in the hull and canopy required to provide buoyancy 
for positive stability and self righting must be completely filled with 
Coast Guard-accepted buoyancy material.
    (iii) Air in the inflated collar of a rigid-hull inflatable rescue 
boat will not be considered inherently buoyant material for the 
purposes of meeting the additional 280 N/person requirement of the LSA 
Code, Chapter IV/4.4.4.
    (6) Coated fabric. Any coated fabric used in the construction of 
inflatable chambers on a rescue boat must be shown to have been 
subjected to the criteria listed in IMO MSC Circ. 980 for Inflation 
Chamber Characteristics Test (incorporated by reference, see Sec.  
160.156-5) by meeting the requirements of ISO 15372 (incorporated by 
reference, see Sec.  160.156-5). The color of the finished fabric must 
be vivid reddish orange color number 12197 of FED-STD-595C 
(incorporated by reference, see Sec.  160.156-5), or a durable 
fluorescent color of a similar hue. Each seam must be at least as 
strong as the weakest of the materials joined by the seam. Each seam 
must be covered with tape where necessary to prevent lifting of and 
damage to fabric edges.
    (7) Engines. (i) In order to be accepted by the Commandant, any 
spark ignition engine fitted to an approved rescue boat must meet the 
U.S. Environmental Protection Agency emission requirements in 40 CFR 
part 91 or part 1045, as applicable, or for a compression ignition 
engine the requirements in 40 CFR part 89, part 94, or part 1042, as 
applicable, and have reports containing the same information as 
recommended by MSC Circ. 980 (incorporated by reference, see Sec.  
160.156-5) certified and witnessed by a U.S. Coast Guard inspector or 
an independent laboratory.
    (ii) A hydraulic system, if used to start the engine, must be in 
accordance with 46 CFR part 58, subpart 58.30, with hose and fittings 
in accordance with 46 CFR part 56, subpart 56.60 except that--
    (A) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and 
FC332-X are not permitted; and
    (B) The length of nonmetallic flexible hose is limited to 760 mm 
(30 in). Longer nonmetallic flexible hoses may be allowed in emergency 
steering systems at the discretion of the Commandant.
    (iii) If a hand pump is provided, or if the engine has a manual 
starting system, adequate space must be provided for the hand pump or 
hand start operation.
    (8) Fuel system. (i) The fuel system must meet 46 CFR 56.50-75(b) 
and, except as specified in this paragraph, the fuel tank must meet 46 
CFR 58.50-10.
    (ii) The fuel tank and fuel system must be in accordance with 
paragraph (A), (B), or (C) of this paragraph, as follows:

[[Page 53506]]

    (A) Permanently installed fuel systems must meet the requirements 
in 46 CFR 160.135-7.
    (B) Portable fuel systems for outboard engines must meet UL 1185 
(incorporated by reference, see Sec.  160.156-5) or equivalent, except 
that hoses must be Coast Guard Type A per SAE J1527 (incorporated by 
reference, see Sec.  160.156-5), and hose clamps, primers, filters, and 
strainers must be successfully tested in accordance with 33 CFR 
183.590. Anti-siphon devices must be provided in the fuel system to 
prevent fuel spillage when the hose is disconnected. Arrangements must 
be provided to secure the fuel tank in its normal operating position on 
the rescue boat.
    (C) Fuel systems for outboard engines using non-integral, 
permanently installed fuel tanks must meet the requirements of 33 CFR 
part 183, subpart J--Fuel Systems. UL 1102 (incorporated by reference, 
see Sec.  160.156-5) meets these requirements for fuel tanks.
    (9) Starting system batteries. Each battery fitted in a totally 
enclosed rescue boat must be stored in a sealed compartment with 
exterior venting. If the rescue boat has more than one engine, then 
only one starting battery is required per engine.
    (10) Exhaust. Engine exhaust must be routed away from bilge and 
potential oil drips. Any paint used on engines, manifolds, or exhaust 
must not give off fumes when heated. All exhaust lagging must be non-
absorbent.
    (11) Propeller guard. Each propeller on a rescue boat must be 
fitted with a propeller guard with a maximum opening of 76 mm (3 in) on 
all sides on which a person is likely to be exposed.
    (12) Control and steering station. Rescue boat starting, 
maneuvering, and steering controls must be provided at the control and 
steering station.
    (i) The throttle must be a continuous manual control and must be 
able to be set and locked at any position.
    (ii) The control and steering station must be designed and laid out 
in accordance with ASTM F 1166 sections 9 and 10, so that controls and 
displays are unambiguous, accessible, and easy to reach and use from 
the operator's normal seated position, while wearing an immersion suit 
or a lifejacket.
    (iii) Each control, gauge, or display must be identified by a 
marking posted on, above, or adjacent to the respective item. Each 
control must operate in a logical manner and be marked with an arrow to 
show direction of movement of control which will cause an increased 
response. Each gauge must be marked with the normal operating range and 
indicate danger or abnormal conditions. Each marking must be permanent 
and weatherproof.
    (iv) Gauges, and audio and visual alarms, must be provided to 
monitor at least the following parameters on inboard engines--
    (A) Coolant temperature, for a liquid cooled engine;
    (B) Oil pressure, for an engine with an oil pump;
    (C) Tachometer, for an engine not provided with over-speed 
protection; and
    (D) State of charge, or rate of charge, for each rechargeable 
engine starting power source.
    (13) Drain plug. The position of each drain plug must be clearly 
indicated by a permanent marking inside the lifeboat. The marking must 
be an arrow pointing in the direction of the plug, and the words 
``DRAIN PLUG'' must be 76 mm (3 in) high and have letters of a color 
that contrast with their background. The marking must be clearly 
visible to a person within the vicinity of the drain plug.
    (14) Remote steering. The procedure to change over from remote to 
local steering must be simple, not require the use of tools, and be 
clearly posted. There must be sufficient clear space to install, 
operate, remove, and stow the removable tiller arm. The tiller arm and 
its connection to the rudder stock must be of sufficient strength so 
that there is no slippage or bending of the tiller arm. Rudder stops or 
other means must be provided to prevent the rudder from turning too far 
on either side.
    (15) Lifelines. Buoyant lifelines must be of ultraviolet resistant 
material.
    (16) Rails provided as handholds. Rails provided as handholds on 
rigid and rigid-inflated rescue boats must extend for half the length 
of the rescue boat on both sides of the hull, and the clearance between 
the rail and hull must be at least 38 mm (1.5 in). The rails must be 
attached to the hull below the chine or turn of the bilge, must be 
faired to prevent any fouling, and not project beyond the widest part 
of the rescue boat.
    (17) Equipment list. A weatherproof equipment list must be 
permanently mounted in a conspicuous and prominent location on a 
stowage locker or compartment, or on inside of canopy. The list must 
include a stowage plan oriented such that the stowage location of each 
item of loose equipment is readily apparent.
    (18) Release mechanism. Each release mechanism fitted to a rescue 
boat, including a fast rescue boat, must be identified at the 
application for approval of the prototype rescue boat and must be 
approved under 46 CFR part 160, subparts 160.133 or 160.170. The 
release lever or control must be red in color, and the area immediately 
surrounding the control must be a sharply contrasting light color. An 
illustrated operating instruction plate or placard, showing the correct 
off-load and emergency on-load release procedure and recovery 
procedure, must be posted so that it is visible and legible from the 
helmsman's normal operating position. The plate or placard must be 
corrosion resistant and weatherproof and must be marked with the word 
``DANGER''.
    (19) Painter/painter release. Each rescue boat must be fitted with 
a device to secure the painter near the bow of the rescue boat. The 
device must be arranged such that the rescue boat does not exhibit 
unsafe or unstable characteristics when being towed by the ship with 
the ship underway at 5 knots. A quick-release device must be provided, 
which allows the painter to be released from inside the rescue boat 
while under tension. The quick-release handle must be clearly 
identified by a label.
    (20) Canopy lamp. Any exterior rescue boat position-indicating 
light must be approved by the Commandant under approval series 161.101.
    (21) Manually-controlled interior light. Any interior light must be 
approved by the Commandant under approval series 161.101.
    (22) Manual bilge pump. Each rescue boat that is not automatically 
self-bailing must be fitted with a manual bilge pump approved under 46 
CFR part 160, subpart 160.044, or an engine-powered bilge pump.
    (23) Labels and notices. Any labels, caution and danger notices, 
and any operating, maintenance, or general instructions, must be in 
accordance with ASTM F 1166, Section 15, in terms of format, content, 
lettering size and spacing, color, and posted location. They must be 
illustrated with symbols in accordance with IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.156-5), as applicable. 
Information and instruction plates, not specifically mentioned in this 
section, must not be posted in the vicinity of the control and steering 
station without prior approval from the Commandant. Identification 
label plates, if required, must be posted on or above the component or 
equipment to be identified.
    (24) Stowage. Each stowage compartment must be supported and 
secured against movement. It must have adequate hand access for 
removing and storing the required equipment, and for cleaning the 
inside of the compartment.

[[Page 53507]]

There must be sufficient stowage volume to store the equipment required 
by 46 CFR 199.175.
    (25) Rescue boat equipment. The rescue boat must be designed to 
accommodate and carry the equipment required by 46 CFR 199.175.
    (26) Exterior color. The primary color of the exterior of the hull, 
exterior of any canopy or bow cover, and the interior of a rescue boat 
not covered by a canopy or bow cover must be a highly visible color 
equivalent to vivid reddish orange color number 12197 of FED-STD-595C, 
or a durable fluorescent color of a similar hue.
    (27) Navigation light. Each rescue boat must have navigation lights 
that are in compliance with the applicable sections of the 
International and Inland Navigation Rules and meet 46 CFR 111.75-17.
    (28) Retroreflective material. The exterior of each rescue boat and 
canopy must be marked with Type II retroreflective material approved 
under 46 CFR part 164, subpart 164.018. The arrangement of the 
retroreflective material must comply with IMO Res. A.658(16) 
(incorporated by reference, see Sec.  160.156-5).
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.156-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review, required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
rescue boat, the manufacturer must submit an application to the 
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval 
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the 
manufacturer must submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision issue, and date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Seating-arrangement plan, including a dimensioned seat form to 
scale;
    (4) A complete material list, with each material referenced to a 
U.S. national standard or, if a copy is provided in English, an 
equivalent international standard;
    (5) Plans for carriage and, in detail, stowage of equipment;
    (6) Hull, canopy, and critical parts lay-up schedule for Fiber 
Reinforced Plastic (FRP) rescue boats, including fast rescue boats;
    (7) Hull and canopy construction drawings, including particulars of 
joints, welds, seams, and other fabricating details;
    (8) Weights and thickness of each major FRP structural component, 
including the hull, canopy, and inner liners, before outfitting;
    (9) Specification and identification of materials such as steel, 
aluminum, resin, foam, fiberglass, coated fabric, and plastic used in 
the rescue boat's manufacture;
    (10) Fabrication details for each major structural component, 
including details of each welded joint;
    (11) Lines plans;
    (12) Propulsion system specifications and arrangement and 
installation drawings;
    (13) Steering system drawings and specifications;
    (14) Release mechanism installation drawings and the mechanism's 
Coast Guard approval number;
    (15) Plans for critical subassemblies;
    (16) Hydraulic systems drawings and specifications, if installed;
    (17) Electrical system schematics and specifications;
    (18) Stability data, including righting arm curves in the light 
load and load condition for both intact and flooded;
    (19) Drawings of all signs and placards, showing actual 
inscription, format, color, size, and location on the rescue boat;
    (20) Complete data pertinent to the installation and use of the 
proposed rescue boat, including--
    (i) The light load (condition A) and full load (condition B) 
weights; and
    (ii) Complete details of the lifting arrangement to include enough 
detail for operators of the rescue boat to select a suitable release 
mechanism approved under subpart 160.133 or 160.170 of this part;
    (21) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.156-19 and 160.156-21 of this subpart;
    (22) A description of the quality control procedures and record 
keeping that will apply to the production of the rescue boat, which 
must include but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication, seams, and 
joints, including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved lifeboat complies with the 
approved plans and the requirements of this subpart;
    (23) Full details of any other unique capability;
    (24) Any other drawing(s) necessary to show that the rescue boat 
complies with the requirements of this subpart;
    (25) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the rescue boat will 
be constructed; and
    (26) The name of the independent laboratory that will perform the 
duties prescribed in Sec. Sec.  160.156-11 and 160.156-15 of this 
subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section so long as the preapproval review is conducted 
in accordance with the procedures agreed upon between the independent 
laboratory and Commandant under 46 CFR part 159, subpart 159.010.
    (d) Plan quality. The plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the lifeboat meets the 
construction requirements of this subpart;
    (3) Accurately depict the proposed rescue boat;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.156-11  Fabrication of prototype rescue boats for approval.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.156-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may proceed with fabrication of the 
prototype rescue boat as set forth in this section.

[[Page 53508]]

    (b) Unless the Commandant directs otherwise, an independent 
laboratory must conduct inspections, tests, and oversight required by 
this section. Prototype inspections and tests of a rescue boat must be 
carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional prototype tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (c) Fabrication of a rescue boat must proceed in the following 
sequence:
    (1) The manufacturer must arrange for an independent laboratory (or 
Coast Guard inspector if required under paragraph (b) of this section) 
to inspect, test, and oversee the rescue boat during its fabrication 
and prepare an inspection and test report meeting the requirements of 
46 CFR 159.005-11.
    (2) The independent laboratory must make such inspections as are 
necessary to determine that the prototype is constructed by the methods 
and with the materials specified in the plans reviewed under Sec.  
160.156-9 of this subpart. By conducting at least one inspection during 
its construction, the independent laboratory must determine the 
prototype rescue boat conforms with those plans by inspecting--
    (i) Fiber reinforced plastic (FRP) construction.
    (A) FRP components of each prototype rescue boat must have a layup 
made of unpigmented clear resins so that details of construction are 
visible for inspection. Test panels representative of each prototype 
layup must be tested in accordance with MIL-P-17549D(SH) (incorporated 
by reference, see Sec.  160.156-5). If an accepted MIL-R-21607E(SH) 
Grade B resin is used for the prototype rescue boat, additives for fire 
retardancy must not be used so that the laminate is translucent for 
inspection purposes. A prototype test rescue boat with Grade B resins 
will not be marked in accordance with Sec.  160.156-17 of this subpart 
for use as a production rescue boat regardless of the outcome of the 
performance tests. Whichever accepted resin the manufacturer decides to 
use for the prototype rescue boat, the same resin must be used in the 
production rescue boats.
    (B) The hull, canopy, and major structural laminates of each 
prototype FRP rescue boat must be tested for resin content, ultimate 
flexural strength, and tensile strength. The test samples must be cut 
out from the prototype rescue boat, or be laid up at the same time, 
using the same procedures and by the same operators as the laminate 
used in the rescue boat. The number of samples used for each test, and 
the conditions and test methods used, must be as per the applicable 
test specified in this paragraph. The resin content must be determined 
as per ASTM D 2584 or ISO 1172 (incorporated by reference, see Sec.  
160.156-5). The flexural ultimate strength must be determined by ASTM D 
790 method I (test condition ``A'', flatwise, dry) or the corresponding 
ISO 14125 test method (incorporated by reference, see Sec.  160.156-5). 
The tensile strength, lengthwise, must be determined as per ASTM D 638 
or ISO 527 (incorporated by reference, see Sec.  160.156-5).
    (C) Each major FRP component, such as the hull, canopy, and inner 
liner(s) of each prototype FRP rescue boat, must be examined and 
weighed after it is completed but before it is assembled. If the rescue 
boat is constructed by the spray lay-up technique, the hull and canopy 
thicknesses must be measured using ultrasonic or equivalent techniques.
    (ii) Steel construction. Steel sheet and plate used for the hull, 
floors, and other structural components of a prototype steel rescue 
boat must meet the bend tests requirement specified under ASTM A 653 
(incorporated by reference, see Sec.  160.156-5) after galvanizing or 
other anti-corrosion treatment has been applied. This may be 
demonstrated through supplier's certification papers or through 
witnessing actual tests.
    (iii) Welding. Structural components of each prototype rescue boat 
joined by welding must be joined by the welding procedures and 
materials per the plans reviewed under Sec.  160.156-9 of this subpart 
and by welders appropriately qualified.
    (iv) Buoyancy material. If block foam buoyancy material is used, 
each piece must be weighed after it is cut and shaped to make sure that 
the correct amount of foam is installed. If foamed-in-place buoyancy 
material is used, a separate sample of the foam must be poured, and 
used to make a density determination after it has set. The density must 
be 32  8 kg/m\3\ (2  0.5 lb/ft\3\). Each major 
subassembly such as the hull-with-liner and canopy-with-liner must be 
weighed after the buoyancy foam is installed and before it is further 
assembled.
    (v) Coated fabric. Coated fabric for inflatable collars used in the 
construction of each rescue boat must meet the requirements specified 
under Sec.  160.156-7(b)(3) of this subpart. This may be demonstrated 
through a supplier's certification papers or through witnessing actual 
tests.
    (vi) Installation of the propulsion system.
    (vii) Installation of the steering system.
    (3) The independent laboratory must submit the inspection report to 
the Commandant.


Sec.  160.156-13  Approval inspections and tests for prototype rescue 
boats.

    (a) After the Commandant notifies the manufacturer that the 
prototype rescue boat is in compliance with the requirements of Sec.  
160.156-11 of this subpart, the manufacturer may proceed with the 
prototype approval inspections and tests required under this section. 
The prototype rescue boat, the construction of which was witnessed 
under Sec.  160.135-11 of this part, must be used for the tests in this 
section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections 
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notification must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard 
inspector to travel to the site where the testing is to be performed;
    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on rescue boats or their component parts and 
materials for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype is constructed by the methods and with the materials 
specified in the plans reviewed under Sec.  160.156-9, and the 
inspection report under Sec.  160.156-11, of this subpart;
    (ii) Assuring that the quality assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of rescue boats, together with records identifying the lot

[[Page 53509]]

or serial numbers of the rescue boats in which such materials were 
used.
    (d) Tests--(1) Prototype rescue boat readiness. All tests must be 
conducted on a completely outfitted rescue boat, including fixed 
equipment such as a compass, searchlight, and navigating lights. Loose 
equipment may be substituted by weights.
    (2) FRP prototype rescue boat lay-up. For the prototype of each 
design of an FRP rescue boat, the lay-up must be made of unpigmented 
resins and clear gel coat.
    (3) Fuel tank. Each non-portable fuel tank must be tested by a 
static head above the tank top of 3 m (10 ft) of water without showing 
any leaks or signs of permanent distortion.
    (4) IMO Revised recommendation on testing. Each prototype rescue 
boat of each design must pass each of the tests for the applicable hull 
type described in the IMO Revised recommendation on testing, Part 1, 
section 7 (incorporated by reference, see Sec.  160.156-5). Tests must 
be conducted in accordance with these paragraphs of IMO Revised 
recommendation on testing, Part 1, with the following modifications:
    (i) Fire retardancy/release mechanism and engine tests (Paragraphs 
1/6.2, 6.9, 6.10, 6.14). The tests in the following IMO Revised 
recommendation on testing paragraphs may be accomplished independent of 
the rescue boat, and may be considered completed and need not be 
repeated if the tests have been previously shown to meet the following 
necessary requirements--
    (A) Paragraphs 6.9.3 through 6.9.6;
    (B) Paragraphs 6.10.2 through 6.10.6; and
    (C) Paragraphs 6.14.6 through 6.14.8.
    (ii) Impact test (Paragraph 1/6.4). The rigid vertical surface must 
not be displaced or deformed as a result of the test.
    (iii) Flooded stability test for rigid rescue boats only (Paragraph 
1/6.8). Any materials used to raise the test weights representing the 
rescue boat occupants above the seat pan must be at least as dense as 
fresh water.
    (iv) Rescue boat operational test, operation of engine (Paragraph 
1/7.1.5). For the 4-hour rescue boat maneuvering period, the rescue 
boat must not (except for a short period to measure towing force and to 
demonstrate towing fixture durability) be secured, and must be run 
through its full range of speeds and full range of all controls 
throughout the period.
    (v) Survival recovery test (Paragraph 1/6.10.8). The recovery 
demonstration must show that no more than two crewmembers are required 
to recover a helpless person of ninety-fifth percentile by weight 
described in ASTM F 1166 (incorporated by reference, see Sec.  160.156-
5) while the crewmembers and helpless person are each wearing a 
lifejacket.
    (vi) Rescue boat seating space test (Paragraph 1/7.1.3). The 
average mass of persons used to test the rescue boat seating space must 
be determined by weighing as a group or individually. Each person must 
wear an inherently buoyant SOLAS lifejacket with at least 150 N of 
buoyancy or a Coast Guard-approved lifejacket approved under approval 
series 160.155. The operator(s) must demonstrate that the rescue boat 
can be operated while wearing a Coast Guard approved, insulated-buoyant 
immersion suit approved under approval series 160.171. The Commandant 
will give consideration to requests to test at, and designate rescue 
boats for, a heavier occupant weight than that stated in the IMO LSA 
Code, Chapter V (incorporated by reference, Sec.  160.156-5).
    (5) Visual inspection. Each rescue boat must be visually inspected 
to confirm--
    (i) Compliance with this subpart;
    (ii) Conformance with the plans reviewed under Sec.  160.156-9 of 
this subpart; and
    (iii) Ease of operation and maintenance.
    (e) Test waiver. The Commandant may waive certain tests for a 
rescue boat identical in construction to smaller and larger rescue 
boats that have successfully completed the tests. Tests associated with 
rescue boat components that have already been approved by the 
Commandant are not required to be repeated.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.156-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted by paragraph (f) of this section) who witnessed the testing, 
indicating that the report accurately describes the testing and its 
results; and
    (2) The final plans of the rescue boat as built. The plans must 
include, in triplicate--
    (i) The instructions for training and maintenance described in 
Sec. Sec.  160.156-19 and 160.156-21 of this subpart; and
    (ii) The final version of the plans required under Sec.  160.156-9 
of this subpart.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and, if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.156-15  Production inspections, tests, quality control, and 
conformance of rescue boats.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct inspections, tests, and oversight required by 
this section. Production inspections and tests of rescue boats must be 
carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section, unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional production tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production rescue boats are produced to the same standard, and in the 
same manner, as the prototype rescue boat approved by the Commandant. 
The manufacturer's quality control personnel must not work directly 
under the department or person responsible for either production or 
sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section) 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant, a yearly report that contains the 
following--
    (i) Serial number and date of final assembly of each rescue boat 
constructed;
    (ii) Name of the representative of the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section); 
and
    (iii) Name of the vessel and company receiving the rescue boat, if 
known;

[[Page 53510]]

    (4) Ensure that the arrangement and materials entering into the 
construction of the rescue boat are in accordance with plans approved 
under Sec.  160.156-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the rescue boat, work or testing is performed 
on rescue boats or their component parts and materials, or records are 
retained to meet the requirements of paragraph (c) of this section, for 
the purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory conducts the inspections 
and witnesses the tests required by paragraph (e) of this section, and 
further conducts a visual inspection to verify that the rescue boats 
are being made in accordance with the plans approved under Sec.  
160.156-13(h) of this subpart and the requirements of this subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all items listed in this section for at least 5 years from the date 
of termination of approval of each rescue boat. The records must 
include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each applicable document listed in Sec.  160.156-5 of this 
subpart;
    (2) A copy of approved plans, documentation, and certifications;
    (3) A current certificate of approval for each approved rescue 
boat;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
rescue boats, together with records identifying the serial numbers of 
the rescue boats in which such materials were used;
    (5) Start and finish date and time of the lay-up of each major 
Fiber Reinforced Plastic (FRP) component such as the hull, canopy, and 
inner liner and the names of the operator(s);
    (6) Start and finish date and time of pouring of foam-in-place 
rigid buoyancy foam, and name of operator(s);
    (7) Records of all structural welding and name of operator(s);
    (8) Records of welder certificates, training and qualifications;
    (9) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (10) The serial number of each production rescue boat, along with 
records of its inspections and tests carried out under this section; 
and
    (11) The original purchaser of each rescue boat and the vessel on 
which it was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under 
paragraph (e) in this section for each Coast Guard-approved rescue boat 
to be installed on a U.S.-flagged vessel. If the manufacturer also 
produces rescue boats for approval by other maritime safety 
administrations, the inspections may be coordinated with inspection 
visits for those administrations.
    (e) Production inspections and tests. Each approved rescue boat 
must be inspected and tested in accordance with each of the following 
procedures:
    (1) In-process inspections and tests. In accordance with the 
interval prescribed in paragraph (d)(1) of this section, each 
production rescue boat must be examined during lay-up of the hull to 
verify that the lay-up conforms to the approved drawings. Each FRP 
major component, such as the hull, canopy, and inner liner, must be 
examined and weighed after it is completed but before assembled. If the 
rescue boat is constructed by the spray lay-up technique, the hull and 
canopy thicknesses must be measured using ultrasonic or equivalent 
techniques. Laboratory tests of laminates must be conducted at this 
time. Test samples must be cut out from the rescue boat itself or be 
laid up at the same time, using the same procedures, and by the same 
operators as the laminate used in the rescue boat. The number of 
samples used for each test, and the conditions and test methods used, 
must be as described in the applicable test specified in this 
paragraph.
    (i) Weight. The weight of each FRP section, such as hull, canopy, 
and inner liner, must be within 10 percent of similar sections of the 
prototype rescue boat. These weights must be the bare laminate weights. 
Backing plates that are molded into the laminate may be included.
    (ii) Thickness. The average thickness of each section of sprayed-up 
laminate must be within 20 percent of the corresponding sections of the 
prototype.
    (iii) Resin content. Laminate samples from the hull, canopy, and 
inner liners must be tested in accordance with ASTM D 2584 or ISO 1172 
(incorporated by reference, see Sec.  160.156-5). The resin content 
must be within 8 percentage points of the prototype results. If the 
resin content does not comply, flexural ultimate strength and tensile 
tests in paragraph (e)(1)(iv) of this section must be conducted.
    (iv) Flexural ultimate strength and tensile tests. Each laminate 
sample from each major component, such as hull and liner, that does not 
comply with the resin content requirement in paragraph (e)(1)(iii) of 
this section, and from each component of every fifth production rescue 
boat, must be subjected to the flexural ultimate strength and tensile 
strength tests as described in Sec.  160.156-11(c)(2)(i)(B) of this 
subpart. The values must be at least 90 percent of the prototype 
results.
    (v) Buoyancy material. If block foam buoyancy material is used, 
each piece must be weighed after it is cut and shaped to make sure that 
the correct amount of foam is installed. If foamed-in-place buoyancy 
material is used, a separate sample of the foam must be poured, and 
used to make a density determination after it has set. The density must 
be 32 +/- 8 kg/m\3\ (2 +/- 0.5 lb/ft\3\).
    (vi) Steel sheet and plate. Steel sheet and plate for the hull, 
floors, and other structural components must meet ASTM A 36 and ASTM A 
653 as applicable (incorporated by reference, see Sec.  160.156-5). 
Non-corrosive resistant steel must meet the coating mass and bend tests 
requirement specified under ASTM A 653. Compliance for this paragraph 
can be ascertained through supplier's certification papers or through 
conducting actual tests.
    (vii) Fabric. The coated fabric for inflatable collars, when used, 
for the construction of each rescue boat must meet ISO 15372 
(incorporated by reference, see Sec.  160.156-5). This compliance can 
be ascertained through a supplier's certification papers or through 
witnessing actual tests.
    (viii) Fuel tank. Each fuel tank must be tested by a static head 
above the tank top of 3 m (10 ft) of water without showing any leaks or 
signs of permanent distortion.
    (ix) Welding. It must be determined that structural components 
joined by welding was performed by welders who are appropriately 
qualified and that the welding procedure and materials are as per the 
plans approved under Sec.  160.156-13(h) of this subpart.
    (2) Post assembly tests and inspections. The finished rescue boat 
must be visually inspected inside and out. The manufacturer must 
develop and maintain a visual inspection checklist designed to ensure 
that all applicable requirements have been met

[[Page 53511]]

and the rescue boat is equipped in accordance with approved plans. At a 
minimum, each rescue boat must be operated for 2 hours, during which 
all rescue boat systems must be exercised.


Sec.  160.156-17  Marking and labeling.

    (a) Each rescue boat must be marked with a plate or label 
permanently affixed to the hull in a conspicuous place readily 
accessible for inspection and sufficiently durable to withstand 
continuous exposure to environmental conditions at sea for the life of 
the rescue boat.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Name and address of the manufacturer;
    (2) Manufacturer's model identification;
    (3) Name of the independent laboratory that witnessed the prototype 
or production tests;
    (4) Serial number of the rescue boat;
    (5) U.S. Coast Guard approval number;
    (6) Month and year of manufacture;
    (7) Material of hull construction;
    (8) Number of persons for which the rescue boat is approved;
    (9) Light load and full load (condition A and condition B weight); 
and
    (10) Word ``SOLAS.''


Sec.  160.156-19  Operating instructions and information for the ship's 
training manual.

    (a) Each rescue boat must have instructions and information for the 
ship's training manual, that use the symbols from IMO Res. A.760(18) 
(incorporated by reference, see Sec.  160.156-5) to describe the 
location and operation of the rescue boat.
    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their launching systems.
    (c) The rescue boat manufacturer must make the instructions and 
information required by paragraph (a) of this section available--
    (1) In English to purchasers of a rescue boat approved by the Coast 
Guard; and
    (2) In the form of an instruction placard providing simple 
procedures and illustrations for operation of the rescue boat. The 
placard must be not greater than 36 cm (14 in) by 51 cm (20 in), and 
must be made of durable material and suitable for display near 
installations of rescue boats on vessels.


Sec.  160.156-21  Operation and maintenance instructions.

    (a) In order to comply with SOLAS, each rescue boat must have 
operation and maintenance instructions that--
    (1) Follows the general format and content specified in MSC.1 Circ. 
1205 (incorporated by reference, see Sec.  160.156-5); and
    (2) Includes a checklist for use in monthly, external inspections 
of the rescue boat.
    (b) The rescue boat manufacturer must make the manual required by 
paragraph (a) of this section available in English to purchasers of a 
rescue boat approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their launching systems.


Sec.  160.156-23  Procedure for approval of design, material, or 
construction change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.156-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production rescue boat. The manufacturer must submit any such change 
following the procedures set forth in Sec.  160.156-9 of this subpart, 
but documentation on items that are unchanged from the plans approved 
under 46 CFR 159.005-13 and Sec.  160.156-13(h) of this subpart need 
not be resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype rescue boat with each change described in paragraph (a) of 
this section must be made and tested according to the procedures for 
new approvals in Sec. Sec.  160.156-9 through 160.156-13 of this 
subpart.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.
    45. Add subpart 160.170 to read as follows:
Subpart 160.170--Davit-Launched Liferaft Automatic Release Hooks 
(SOLAS)
Sec.
160.170-1 Scope.
160.170-3 Definitions.
160.170-5 Incorporation by reference.
160.170-7 Design, construction, and performance of release 
mechanisms.
160.170-9 Preapproval review.
160.170-11 [Reserved]
160.170-13 Approval inspections and tests for prototype release 
mechanisms.
160.170-15 Production inspections, tests, quality control, and 
conformance of release mechanisms.
160.170-17 Marking and labeling.
160.170-19 Operating instructions and information for the ship's 
training manual.
160.170-21 Operation and maintenance instructions.
160.170-23 Procedure for approval of design, material, or change.

Subpart 160.170--Davit-Launched Liferaft Automatic Release Hooks 
(SOLAS)


Sec.  160.170-1  Scope.

    This subpart prescribes standards, tests, and procedures for 
seeking Coast Guard approval of an automatic release mechanism 
complying with SOLAS and the IMO LSA Code, for use with davit-launched 
liferafts approved under 46 CFR part 160, subparts 160.051 or 160.151, 
and single-fall rescue boats approved under 46 CFR part 160, subpart 
160.156.


Sec.  160.170-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.170-5), in this subpart, the term:
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
    Full load means the weight of the complete rescue boat including 
all required equipment, provisions, fuel (if applicable), and the 
number of persons for which it is approved. This is also known as the 
``condition B'' weight.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A 
list of accepted independent laboratories is available from the 
Commandant and online at http://cgmix.uscg.mil.
    Light load means the weight of the complete rescue boat empty and 
does not include fuel, required equipment, or the equivalent weight of 
persons. This is also known as the ``condition A'' weight.
    Officer In Charge, Marine Inspection (OCMI) means an officer of the 
Coast Guard designated as such by the Commandant and who, under the 
direction of the Coast Guard District Commander, is in charge of a 
marine inspection zone, described in part 1 of this chapter, for the 
performance of duties with respect to the inspection, enforcement, and 
administration of vessel safety and navigation laws and regulations. 
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over 
a vessel for the purpose of performing the duties previously described.
    SOLAS means the International Convention for the Safety of Life at 
Sea, 1974, as amended.

[[Page 53512]]

Sec.  160.170-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST., SW., STOP 
7126, WASHINGTON, DC 20593-7126 and is available from the sources 
indicated in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural 
Steel, IBR approved for Sec.  160.170-7 (``ASTM A 36'').
    (2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet, 
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by 
the Hot-Dip Process, IBR approved for Sec. Sec.  160.170-7, 160.170-13, 
and 160.170-15 (``ASTM A 653'').
    (3) ASTM F 1166-07 Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, IBR approved for Sec.  
160.170-7 (``ASTM F 1166'').
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, IBR approved for Sec.  160.170-19 (``IMO 
Res. A.760(18)'').
    (2) IMO Resolution MSC.81(70), IMO Revised recommendation on 
testing of life-saving appliances, as amended by IMO Resolutions 
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec.  160.170-7, 
160.170-13, and 160.170-15 (``Revised recommendation on testing'').
    (3) IMO Resolution MSC.48(66), International Life-Saving Appliance 
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and 
MSC.272(85), IBR approved for Sec. Sec.  160.170-7 (``IMO LSA Code'').
    (4) MSC Circular 980, Standardized life-saving appliance evaluation 
and test report forms, IBR approved for Sec.  160.170-13 (``IMO MSC 
Circ. 980'').
    (5) MSC.1 Circular 1205, Guidelines for Developing Operation and 
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.  
160.170-21 (``IMO MSC.1 Circ. 1205'').


Sec.  160.170-7  Design, construction, and performance of release 
mechanisms.

    (a) To seek Coast Guard approval of a release mechanism, a 
manufacturer must comply with, and each release mechanism must meet, 
the requirements of the following--
    (1) IMO LSA Code, Chapter VI/6.1.5 (incorporated by reference, see 
Sec.  160.170-5);
    (2) IMO Revised recommendation on testing Part 1/8.2 (incorporated 
by reference, see Sec.  160.170-5).
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each release mechanism must meet the following requirements--
    (1) Design. All functions of the release mechanism, including 
removal of interlocks, operation of the release handle, resetting the 
hooks, and reattaching the falls to the hooks, must be designed to be 
operable by persons wearing immersion suits;
    (2) Each release mechanism should be designed following standard 
human engineering practices described in ASTM F 1166 (incorporated by 
reference, see Sec.  160.170-5). Design limits should be based on a 
range from the fifth percentile female to the ninety-fifth percentile 
male values for critical body dimensions and functional capabilities as 
described in ASTM F 1166. The dimensions for a person wearing an 
immersion suit correspond to the arctic-clothed dimensions of ASTM F 
1166;
    (3) Steel. Each major structural component of each release 
mechanism must be constructed of steel. Other materials may be used if 
accepted by the Commandant as equivalent or superior. Sheet steel and 
plate must be low-carbon, commercial quality, either corrosion 
resistant or galvanized as per ASTM A 653 (incorporated by reference, 
see Sec.  160.170-5), coating designation G115. Structural steel plates 
and shapes must be carbon steel as per ASTM A 36 (incorporated by 
reference, see Sec.  160.170-5). All steel products, except corrosion 
resistant steel, must be galvanized to provide high-quality zinc 
coatings suitable for the intended service life in a marine 
environment. Each fabricated part must be galvanized after fabrication. 
Corrosion resistant steel must be a standard 302 stainless steel or 
have equal or superior corrosion resistant characteristics;
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, American Bureau of Shipping, U.S. Navy, or an independent 
laboratory accepted by the Commandant. Only electrodes intended for use 
with the material being welded may be used. All welds must be checked 
using appropriate non-destructive tests;
    (5) Metals in contact with each other must be either galvanically 
compatible or insulated with suitable non-porous materials. Provisions 
must also be made to prevent loosening or tightening resulting from 
differences of thermal expansion, freezing, buckling of parts, galvanic 
corrosion, or other incompatibilities;
    (6) Screws, nuts, bolts, pins, keys, and other similar hardware, 
securing moving parts must be fitted with suitable lock washers, cotter 
pins, or locks to prevent them from coming adrift;
    (7) The on-load operation of the release mechanism must require two 
separate, deliberate actions by the operator;
    (8) To prevent an accidental release during recovery of the boat, 
the release hooks must not be able to carry any weight until the 
release mechanism is properly reset;
    (9) The release and recovery procedures must be included as an 
illustrated operation instruction plate or placard. The plate or 
placard must be corrosion resistant and weatherproof and must be marked 
with the word ``DANGER''. The illustrations must correspond exactly to 
those used in the instruction and maintenance manual provided by the 
manufacturer;
    (10) The release lever or control must be red in color, and the 
area immediately surrounding the control must be a sharply contrasting 
light color;
    (11) Each load carrying part of the release mechanism, including 
its connection to the boat, must be designed with a safety factor of 
six based on the ultimate strength of the materials used;
    (12) The release lever and its connection to the release mechanism 
must be of sufficient strength so that there is no deformation of the 
release lever or the release control assembly during on-load release;
    (13) Positive means of lubrication must be provided for each 
bearing which is not permanently lubricated. Points of lubrication must 
be so located that they are clearly visible and accessible in the 
installed position in the boat;
    (14) A hydraulic system, if used to activate the release mechanism, 
must be in accordance with 46 CFR part 58,

[[Page 53513]]

subpart 58.30, with hose and fittings in accordance with 46 CFR part 
56, subpart 56.60, except that--
    (i) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and 
FC332-X are not permitted;
    (ii) The length of nonmetallic flexible hose is limited to 760 mm 
(30 in); and
    (iii) If a hand pump is provided, adequate space must be provided 
for the hand pump or hand operation.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.


Sec.  160.170-9  Preapproval review.

    (a) Except as provided in paragraph (c) of this section, the 
Commandant must conduct the preapproval review, required by this 
section, in accordance with 46 CFR 159.005-5.
    (b) Manufacturer requirements. To seek Coast Guard approval of a 
release mechanism, the manufacturer must submit an application to the 
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval 
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the 
manufacturer must submit in triplicate--
    (1) A list of drawings, specifications, manuals, and any other 
documentation submitted, with each document identified by number, 
title, revision issue, and date;
    (2) General arrangement and assembly drawings, including principal 
dimensions;
    (3) Stress calculations for all load carrying parts, including the 
release hooks, release mechanisms, and connections;
    (4) Hydraulic systems drawings and specifications, if installed;
    (5) Drawings of all signs and placards showing actual inscription, 
format, color, and size;
    (6) An operation, maintenance, and training manual as described in 
Sec. Sec.  160.170-19 and 160.170-21 of this subpart;
    (7) A description of the quality control procedures and 
recordkeeping that will apply to the production of the release 
mechanism, which must include but is not limited to--
    (i) The system for checking material certifications received from 
suppliers;
    (ii) The method for controlling the inventory of materials;
    (iii) The method for checking quality of fabrication and joints, 
including welding inspection procedures; and
    (iv) The inspection checklists used during various stages of 
fabrication to assure that the approved release mechanism complies with 
the approved plans and the requirements of this subpart;
    (8) Full details of any other unique capability;
    (9) Any other drawing(s) necessary to show that the release 
mechanism complies with the requirements of this subpart;
    (10) The location or address of all manufacturing sites, including 
the name and address of any subcontractors, where the release mechanism 
will be constructed; and
    (11) The name of the independent laboratory that will perform the 
duties prescribed in Sec.  160.170-15 of this subpart.
    (c) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may conduct preapproval review 
required by this section, so long as the preapproval review is 
conducted in accordance with the procedures agreed upon between the 
independent laboratory and Commandant under 46 CFR part 159, subpart 
159.010.
    (d) Plan quality. The plans and specifications submitted to the 
Commandant under this section must--
    (1) Be provided in English, including all notes, inscriptions, and 
designations for configuration control;
    (2) Address each of the applicable items in paragraph (b) of this 
section in sufficient detail to show that the release mechanism meets 
the construction requirements of this subpart;
    (3) Accurately depict the proposed automatic release hook;
    (4) Be internally consistent;
    (5) Be legible; and
    (6) If reviewed by an independent laboratory under paragraph (c) of 
this section, include the independent laboratory's attestation that the 
plans meet the quality requirements of this section.
    (e) Alternatives. Alternatives in materials, parts, or 
construction, and each item replaced by an alternative, must be clearly 
indicated as such in the plans and specifications submitted to the 
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not 
comply with the requirements of this section, Coast Guard review may be 
suspended, and the applicant notified accordingly.


Sec.  160.170-11  [Reserved]


Sec.  160.170-13  Approval inspections and tests for prototype release 
mechanisms.

    (a) If the manufacturer is notified that the information submitted 
in accordance with Sec.  160.170-9 of this subpart is satisfactory to 
the Commandant, the manufacturer may proceed with fabrication of the 
prototype release mechanism, and the approval inspections and tests 
required under this section.
    (b) Except as provided in paragraph (f) of this section, the Coast 
Guard must conduct the approval inspections and witness the approval 
tests required under this section.
    (c) Manufacturer's requirements. To proceed with approval 
inspections and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine 
Inspection (OCMI) of where the approval inspections and tests required 
under this section will take place, and such notification must be in 
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard 
inspector to travel to the site where the testing is to be performed;
    (3) Admit the Coast Guard inspector to any place where work or 
testing is performed on release mechanisms or their component parts and 
materials for the purpose of--
    (i) Conducting inspections as necessary to determine that the 
prototype--
    (A) Conforms with the plans reviewed under Sec.  160.170-9 of this 
subpart;
    (B) Is constructed by the methods and with the materials specified 
in the plans reviewed under Sec.  160.170-9 of this subpart; and
    (C) When welding is part of the construction process, is 
constructed by the welding procedure and materials as per the plans 
reviewed under Sec.  160.170-9 of this subpart, and the welders are 
appropriately qualified;
    (ii) Assuring that the quality-assurance program of the 
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional 
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or 
invoices from the suppliers of all essential materials used in the 
production of release mechanisms, together with records identifying the 
lot or serial numbers of the release mechanisms in which such materials 
were used.
    (d) Tests--(1) Prototype release mechanism readiness. All tests 
must be conducted on a complete release mechanism.
    (2) IMO Revised recommendation on testing. Each prototype release 
mechanism of each design must pass each of the tests described in IMO 
Revised recommendation on testing, Part 1, paragraph 8.2 (incorporated 
by reference, see Sec.  160.170-5). Tests must

[[Page 53514]]

be conducted in accordance with these paragraphs of IMO Revised 
recommendation on testing, Part 1, with the following modifications:
    (i) Visual inspection. Each release mechanism must be visually 
inspected to confirm--
    (A) Compliance with this subpart;
    (B) Conformance with the examined plans; and
    (C) Ease of operation and maintenance.
    (ii) Materials. Steel meeting ASTM A 653 (incorporated by 
reference, see Sec.  160.170-5) must meet the coating mass and bend 
tests requirement specified under ASTM A 653 after galvanizing or other 
anti-corrosion treatment has been applied. This compliance can be 
ascertained through a supplier's certification or by conducting actual 
tests.
    (iii) Tensile tests. The release mechanism hook assembly and 
supporting structure must be tensile tested in a jig built to load the 
hook assembly in the same way or ways it would be loaded when used with 
a liferaft or rescue boat. The hook assembly will be approved for a 
maximum of one-sixth of the highest load applied.
    (iv) Universal joints. This test is required if the release 
mechanism employs universal joints to transmit the release power from 
the control to the hook release. One of each type and size of universal 
joint must be set up in a jig with the angles of leads set at 0 (zero), 
30, and 60 degrees, respectively. A torque of 540 Nm (400 ft lb) must 
be applied. This torque must be applied with the connecting rod secured 
beyond the universal and with the lever arm in the horizontal position. 
There must be no permanent set, or undue stress, as a result of this 
test.
    (v) Hydraulic controls. If the release mechanism includes a fluid 
power and control system, a test of the hydraulic controls must be 
conducted in accordance with 46 CFR 58.30-35.
    (e) Test waiver. The Commandant may waive certain tests for a 
release mechanism identical in construction to smaller and larger 
release mechanisms that have successfully completed the tests. However, 
stress calculations in accordance with Sec.  160.170-9(b) of this 
subpart must still be submitted. Tests associated with release 
mechanism components that have already been accepted by the Commandant 
are not required to be repeated.
    (f) At the request of the manufacturer and discretion of the 
Commandant, an independent laboratory may perform approval inspections 
and witness approval tests required by this section so long as the 
inspections and tests are performed and witnessed in accordance with 
the procedures agreed upon between the independent laboratory and 
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by 
this section, the manufacturer must comply with the requirements of 46 
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for 
review--
    (1) The prototype approval test report containing the same 
information recommended by IMO MSC Circ. 980 (incorporated by 
reference, see Sec.  160.170-5). The report must include a signed 
statement by the Coast Guard inspector (or independent laboratory as 
permitted by paragraph (f) of this section) who witnessed the testing, 
indicating that the report accurately describes the testing and its 
results; and
    (2) The final plans of the release mechanism as built. The plans 
must include, in triplicate, the instructions for training and 
maintenance described in Sec. Sec.  160.170-19 and 160.170-21 of this 
subpart, respectively.
    (h) The Commandant will review the report and plans submitted under 
paragraph (g) of this section, and if satisfactory to the Commandant, 
will approve the plans under 46 CFR 159.005-13.


Sec.  160.170-15  Production inspections, tests, quality control, and 
conformance of release mechanisms.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must conduct inspections, tests, and oversight required by 
this section. Production inspections and tests of release mechanisms 
must be carried out in accordance with the procedures for independent 
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this 
section unless the Commandant authorizes alternative tests and 
inspections. The Commandant may prescribe additional production tests 
and inspections necessary to maintain quality control and to monitor 
compliance with the requirements of this subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all 
production release mechanisms are produced to the same standard, and in 
the same manner, as the prototype release mechanism approved by the 
Commandant. The manufacturer's quality control personnel must not work 
directly under the department or person responsible for either 
production or sales;
    (2) Schedule and coordinate with the independent laboratory (or 
Coast Guard inspector if required under paragraph (a) of this section) 
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant, a yearly report that contains the 
following--
    (i) Serial number and date of final assembly of each release 
mechanism constructed;
    (ii) The name of the representative of the independent laboratory 
(or Coast Guard inspector if required under paragraph (a) of this 
section); and
    (iii) Serial number and model name of the liferaft or rescue boat 
with which the release hook is to be used, if known;
    (4) Ensure that the arrangement and materials entering into the 
construction of the release mechanism are in accordance with plans 
approved under Sec.  160.170-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if 
required under paragraph (a) of this section) access to any place where 
materials are stored for the release mechanism, work or testing is 
performed on release mechanisms or their component parts and materials, 
or records are retained to meet the requirements of paragraph (c) of 
this section below, for the purpose of--
    (i) Assuring that the quality control program of the manufacturer 
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional 
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard 
inspector if required under paragraph (a) of this section) conducts the 
inspections and witnesses the tests required by paragraph (e) of this 
section, and further conducts a visual inspection to verify that the 
release mechanisms are being made in accordance with the plans approved 
under Sec.  160.170-13(h) of this subpart and the requirements of this 
subpart.
    (c) Recordkeeping. The manufacturer must maintain records in 
accordance with 46 CFR 159.007-13. The manufacturer must keep records 
of all items listed in this section for at least 5 years from the date 
of termination of approval of each release mechanism. The records must 
include--
    (1) A copy of this subpart, other CFR sections referenced in this 
subpart, and each document listed in Sec.  160.170-5 of this subpart;
    (2) A copy of the approved plans and documentation;

[[Page 53515]]

    (3) A current certificate of approval for each approved release 
mechanism;
    (4) Affidavits, certificates, or invoices from the suppliers 
identifying all essential materials used in the production of approved 
release mechanisms, together with records identifying the serial 
numbers of the release mechanisms in which such materials were used;
    (5) Records of all structural welding and name of operator(s);
    (6) Records of welder certificates, training, and qualifications;
    (7) Date and results of calibration of test equipment and the name 
and address of the company or agency that performed the calibration;
    (8) The serial number of each production release gear, along with 
records of its inspections and tests carried out under this section; 
and
    (9) The original purchaser of each release gear and the vessel on 
which it was installed, if known.
    (d) Independent laboratory responsibility. The independent 
laboratory must perform or witness the inspections and tests under 
paragraph (e) below for each Coast Guard-approved release mechanism to 
be installed on a U.S.-flagged vessel. If the manufacturer also 
produces release mechanisms for approval by other maritime safety 
administrations, the inspections may be coordinated with inspection 
visits for those administrations.
    (e) Production inspections and tests. Each finished release 
mechanism must be visually inspected. The manufacturer must develop and 
maintain a visual inspection checklist designed to ensure that all 
applicable requirements have been met. Each approved release mechanism 
constructed with non-corrosion resistant steel must be confirmed to 
have met the coating mass and bend tests requirement specified under 
ASTM A 653 (incorporated by reference, see Sec.  160.170-5) after 
galvanizing or other anti-corrosion treatment has been applied. This 
compliance can be ascertained through a supplier's certification papers 
or through conducting actual tests.
    (f) Each approved release mechanism must pass each of the tests 
described in IMO Revised recommendation on testing, Part 2, paragraph 
6.2 (incorporated by reference, see Sec.  160.170-5). However, each 
approved release mechanism for installation of a single-fall rescue 
boat must pass each of the tests described in IMO Revised 
recommendation on testing, Part 2, paragraph 5.3.1 and 5.3.4.


Sec.  160.170-17  Marking and labeling.

    (a) Each hook body of a release mechanism must be marked with a 
plate or label permanently affixed in a conspicuous place readily 
accessible for inspection and sufficiently durable to withstand 
continuous exposure to environmental conditions at sea for the life of 
the release mechanism.
    (b) The plate or label must be in English, but may also be in other 
languages.
    (c) The plate or label must contain the--
    (1) Manufacturer's name and model identification;
    (2) Name of the independent laboratory that witnessed the prototype 
or production tests;
    (3) Serial number of the release mechanism;
    (4) U.S. Coast Guard approval number;
    (5) Month and year of manufacture;
    (6) Safe working load of the release mechanism;
    (7) Number of the test certificate in accordance with IMO Revised 
recommendation on testing, Part 2/6.2.2 (incorporated by reference, see 
Sec.  160.170-5); and
    (8) Word ``SOLAS.''


Sec.  160.170-19  Operating instructions and information for the ship's 
training manual.

    (a) In order to comply with SOLAS, each release mechanism must have 
instructions and information for the ship's training manual that use 
the symbols from IMO Res. A.760(18) (incorporated by reference, see 
Sec.  160.170-5) to describe the location and operation of the winch.
    (b) The instructions and information required by paragraph (a) of 
this section may be combined with similar material for survival craft 
and rescue boats, and their launching systems.
    (c) The release mechanism manufacturer must make the instructions 
and information required by paragraph (a) of this section available--
    (1) In English to purchasers of release mechanisms approved by the 
Coast Guard; and
    (2) In the form of an instruction placard providing simple 
procedures and illustrations for operation of the release mechanism. 
The placard must be not greater than 36 cm (14 in) by 51 cm (20 in), 
and must be made of durable material and suitable for display inside a 
lifeboat and rescue boat, and near launching apparatuses on vessels.


Sec.  160.170-21  Operation and maintenance instructions.

    (a) Each release mechanism must have operation and maintenance 
instructions that--
    (1) Follows the general format and content specified in IMO MSC.1 
Circ. 1205 (incorporated by reference, see Sec.  160.170-5); and
    (2) Includes a checklist for use in monthly, external inspections 
of the release mechanism.
    (b) The release mechanism manufacturer must make the manual 
required by paragraph (a) of this section available in English to 
purchasers of a release mechanism approved by the Coast Guard.
    (c) The operation and maintenance instructions required by 
paragraph (a) of this section may be combined with similar material for 
survival craft and rescue boats, and their launching systems.


Sec.  160.170-23  Procedure for approval of design, material, or 
construction change.

    (a) Each change in design, material, or construction from the plans 
approved under 46 CFR 159.005-13 and Sec.  160.170-13(h) of this 
subpart must be approved by the Commandant before being used in any 
production release mechanism. The manufacturer must submit any such 
change following the procedures in Sec.  160.170-9 of this subpart, but 
documentation on items that are unchanged from the plans approved under 
46 CFR 159.005-13 and Sec.  160.170-13(h) of this subpart need not be 
resubmitted.
    (b) Unless determined by the Commandant to be unnecessary, a 
prototype release mechanism with each change described in paragraph (a) 
of this section must be made and tested according to the procedures for 
new approvals in Sec. Sec.  160.170-9 through 160.170-13 of this 
subpart.
    (c) Determinations of equivalence of design, construction, and 
materials will be made by the Commandant only.
    46. Add subpart 160.900 to read as follows:

Subpart 160.900--Preemption
Sec.
160.900-1 Preemption of State or Local law.
160.900-3 [Reserved]

Subpart 160.900--Preemption


Sec.  160.900-1  Preemption of State or local law.

    The regulations in this part have preemptive effect over State or 
local regulation within the same field.

[[Page 53516]]

Sec.  160.900-3  [Reserved]

PART 164--MATERIALS

    47. The authority citation for part 164 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    48. Add subpart 164.017 to read as follows:
Subpart 164.017--Fire Retardant Resins for Lifeboats and Rescue Boats
Sec.
164.017-1 Scope.
164.017-3 Definitions.
164.017-5 Incorporation by reference.
164.017-7 Acceptance criteria.
164.017-9 Procedure for acceptance.
164.017-11 Production quality control requirements.
164.017-13 Marking, labeling, and instructions for use.
164.017-15 Procedure for acceptance of material change.

Subpart 164.017--Fire Retardant Resins for Lifeboats and Rescue 
Boats


Sec.  164.017-1  Scope.

    This subpart contains performance requirements, acceptance tests, 
and production testing and inspection requirements for fire retardant 
resins used in the construction of lifeboats approved under 46 CFR part 
160, subpart 160.135 and rescue boats approved under 46 CFR part 160, 
subpart 160.156.


Sec.  164.017-3  Definitions.

    In this subpart, the term:
    Acceptance means certification by the Coast Guard that a component 
is suitable for use in the manufacture of Coast Guard-approved 
lifeboats and rescue boats.
    Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100 
2ND ST., SW., STOP 7126, WASHINGTON, DC 20593-7126.


Sec.  164.017-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection 
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST., SW., STOP 
7126, WASHINGTON, DC 20593-7126 and is available from the sources 
indicated in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM D 543-06 Standard Test Method for Resistance of Plastics 
to Chemical Reagents, IBR approved for Sec.  164.017-7 (``ASTM D 
543'').
    (2) ASTM D 570-98(2005) Standard Test Method for Water Absorption 
of Plastics, IBR approved for Sec.  164.017-7 (``ASTM D 570'').
    (3) ASTM D 638-08 Standard Test Method for Tensile Properties of 
Plastics, IBR approved for Sec.  164.017-7 (``ASTM D 638'').
    (4) ASTM D 695-08 Standard Test Method for Compressive Properties 
of Rigid Plastics, IBR approved for Sec.  164.017-7 (``ASTM D 695'').
    (5) ASTM D 790-07e1 Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, IBR approved for Sec.  164.017-7 (``ASTM D 790'').
    (6) ASTM D 792-08 Standard Test Methods for Density and Specific 
Gravity (Relative Density) of Plastics by Displacement, IBR approved 
for Sec.  164.017-7 (``ASTM D 792'').
    (7) ASTM D 1045-08 Standard Methods of Sampling and Testing 
Plasticizers used in Plastics, IBR approved for Sec.  164.017-7 (``ASTM 
D 1045'').
    (8) ASTM D 1824-95(2002) Standard Test Method for Apparent 
Viscosity of Plastisols and Organosols at Low Shear Rates, IBR approved 
for Sec.  164.017-7 (``ASTM D 1824'').
    (9) ASTM D 2471-99 Standard Test Method for Gel Time and Peak 
Exothermic Temperature of Reacting Thermosetting Resins, IBR approved 
for Sec.  164.017-7 (``ASTM D 2471'').
    (10) ASTM D 2583-07 Standard Test Method for Indentation Hardness 
of Rigid Plastics by Means of a Barcol Impressor, IBR approved for 
Sec.  164.017-7 (``ASTM D 2583'').
    (11) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured 
Reinforced Resins, IBR approved for Sec.  164.017-7 (``ASTM D 2584'').
    (12) ASTM G 154-06 Standard Practice for Operating Fluorescent 
Light Apparatus for UV Exposure of Nonmetallic Materials, IBR approved 
for Sec.  164.017-7 (``ASTM G 154-06'').
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, http://www.imo.org/.
    (1) MSC Circular 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats, IBR approved for Sec.  164.017-7 (``IMO MSC Circ. 1006'').
    (2) [Reserved]
    (d) International Organization for Standardization (ISO): ISO 
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211 
Geneve 20, Switzerland.
    (1) ISO 62:2008 Plastics--Determination of water absorption, IBR 
approved for Sec.  164.017-7 (``ISO 62'').
    (2) ISO 175:1999 Plastics--Methods of test for the determination of 
the effects of immersion in liquid chemicals, IBR approved for Sec.  
164.017-7 (``ISO 175'').
    (3) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec.  164.017-7 
(``ISO 14125'').
    (4) ISO 527-1:1993 Plastics--Determination of tensile properties; 
IBR approved for Sec.  164.017-7 (``ISO 527'').
    (5) ISO 604:2002 Plastics--Determination of compressive properties, 
IBR approved for Sec.  164.017-7 (``ISO 604'').
    (6) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, IBR approved for Sec.  
164.017-7 (``ISO 1172'').
    (7) ISO 1183-1:2004 Plastics--Methods for determining the density 
of non-cellular plastics-Part 1: Immersion method, liquid pyknometer 
method and titration method, IBR approved for Sec.  164.017-7 (``ISO 
1183'').
    (8) ISO 1675:1985 Plastics--Liquid resins--Determination of density 
by the pyknometer method, IBR approved for Sec.  164.017-7 (``ISO 
1675'').
    (9) ISO 2039-1:2001 Determination of hardness--Part 1: Ball 
indentation method, IBR approved for Sec.  164.017-7 (``ISO 2039-1'').
    (10) ISO 2039-2:1097 Determination of hardness--Part 1: Rockwell 
hardness, IBR approved for Sec.  164.017-7 (``ISO 2039-2'').
    (11) ISO 2114:2000 Plastics (polyester resins) and paints and 
varnishes (binders)--Determination of partial acid value and total acid 
value, IBR approved for Sec.  164.017-7 (``ISO 2114'').
    (12) ISO 2535:2001 Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature, IBR approved for Sec.  
164.017-7 (``ISO 2535'').
    (13) ISO 2555:1989 Plastics--Resins in the liquid state or as 
emulsions or dispersions--Determination of apparent

[[Page 53517]]

viscosity by the Brookfield test method, IBR approved for Sec.  
164.017-7 (``ISO 2555'').
    (e) Military Specifications and Standards, Standardization Order 
Desk, Building 4D, 700 Robins Avenue, Philadelphia, PA 19111-5094, 
https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4 AUG 
1998, IBR approved for Sec.  164.017-7 (``MIL-C-19663D'').
    (2) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced, 
Marine, 31 AUG 1981, IBR approved for Sec.  164.017-7 ``(MIL-P-
17549D(SH)'').
    (3) MIL-R-7575 C, Resin, Polyester, Low Pressure Laminating, 29 
June 1966, IBR approved for Sec.  164.017-7 (``MIL-R-7575 C'').
    (4) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating, 
Fire-Retardant, 25 May 1990, IBR approved for Sec.  164.017-7 (``MIL-R-
21607E(SH)'').
    (5) MIL-R-24719(SH), Resins, Vinyl Ester, Low Pressure Laminating, 
4 May 1989, IBR approved for Sec.  164. 017-7 (``MIL-R-24719(SH)'').


Sec.  164.017-7  Acceptance criteria.

    (a) The laminating resin must pass the inspections and tests 
specified in this section. The inspections and tests required by this 
section, including weathering of samples, are the responsibility of the 
manufacturer and must be performed by an independent laboratory.
    (1) Polyester resins. (i) The resin must meet the specifications of 
Grade A, Class O resin of MIL-R-7575C (incorporated by reference, see 
Sec.  164.017-5) and meet the specifications conforming to Grade A 
(standard flame resistance) of MIL-R-21607E(SH) (incorporated by 
reference, see Sec.  164.017-5).
    (ii) MIL-R-21607E(SH) Grade B resins will be given consideration 
upon request.
    (2) Vinyl ester resins. The resin must meet the specifications of 
Grade B (fire retardant) resin of MIL-R-24719(SH) (incorporated by 
reference, see Sec.  164.017-5) and must be tested and meet the 
requirements of weathering and post-weathering mechanical testing as 
shown in Table 164.017-7 of this section. Samples for the weathering 
must be prepared in accordance with MIL-R-7575C paragraph 4.3.1.1.
    (3) All other resins. Each resin formulation submitted for Coast 
Guard approval, other than those addressed in paragraphs (a)(1) and (2) 
of this section, must be tested and meet the requirements of Table 
164.017-7 of this section.
    (b) [Reserved]

Table 164.017-7--Alternative Test Method Standards for Laminating Resins
 for Use in Lifeboats, Rescue Boats, and Other Lifesaving Equipment \1\
------------------------------------------------------------------------
                Property                           Test methods
------------------------------------------------------------------------
                  (c) MATERIAL IDENTIFICATION TESTS \2\
------------------------------------------------------------------------
(1) Uncatalyzed Liquid Resin:
    (i) Specific gravity...............  ISO 1675 or ASTM D 1045.
    (ii) Viscosity.....................  ISO 2555 or ASTM D 1824.
    (iii) Acid number..................  ISO 2114 or ASTM D 1045.
(2) Catalyzed Resin
    (i) Max gel time...................  ISO 2535 or ASTM D 2471.
    (ii) Peak exotherm.................  ASTM D 2471
(3) Cured Unfilled Resin
    (i) Barcol hardness................  ISO 2039 or ASTM D 2583.
    (ii) Specific gravity/density......  ISO 1183 or ASTM D 792.


----------------------------------------------------------------------------------------------------------------
               Property                      Test method                        Requirements \3\
----------------------------------------------------------------------------------------------------------------
              (d) LENGTHWISE MECHANICAL & PHYSICAL PROPERTIES OF GLASS CLOTH BASE PLASTIC LAMINATE
           (Lengthwise direction of test specimens is parallel to the warp direction of glass fabric)
----------------------------------------------------------------------------------------------------------------
(1) Tested Under Standard Conditions
----------------------------------------------------------------------------------------------------------------
    (i) Ultimate strength, flatwise..  ISO 14125 or ASTM D 790  345 MPa (50,000 lb/in\2\).
    (ii) Initial modulus of            ISO 14125 or ASTM D 790  18,616 MPa (2.7 x 10E6 lb/in\2\).
     elasticity, flatwise.
    (iii) Ultimate tensile strength..  ISO 527 or ASTM D 638..  278 MPa (40,000 lb/in\2\).
    (iv) Ultimate compressive          ISO 604 or ASTM D 695..  241 MPa (35,000 ln/in\2\).
     strength, edgewise.
    (v) Fire retardant...............  MSC Circ. 1006.........  Pass.
    (vi) Water absorption, 24-hour     ISO 62 or ASTM D 570...  0.5% max change in weight.
     immersion.
    (vii) Barcol hardness............  ISO 2039 or ASTM D 2583  55.
    (viii) Specific gravity/density..  ISO 1183 or ASTM D 792.  (\2\)
    (ix) Resin content, percentage...  ISO 1172 or ASTM D 2584  (\2\)
----------------------------------------------------------------------------------------------------------------
(2) Tested Under Wet Conditions (Specimens must be immersed for 2 hours in boiling distilled water as per ASTM D
 570 paragraph 7.5. The specimens must then be cooled in water at 23 [deg]C and tested wet at standard
 conditions immediately after removal from the water.)
----------------------------------------------------------------------------------------------------------------
    (i) Ultimate strength, flatwise..  ISO 14125 or ASTM D 790  310 MPa (45,000 lb/in\2\).
    (ii) Initial modulus of            ISO 14125 or ASTM D 790  17,237 MPa (2.5 x 10E6 lb/in\2\).
     elasticity, flatwise.
    (iii) Ultimate tensile strength..  ISO 527 or ASTM D 638..  278 MPa (40,000 lb/in\2\).
    (iv) Ultimate compressive          ISO 604 or ASTM D 695..  241 MPa (35,000 ln/in\2\).
     strength, edgewise.
----------------------------------------------------------------------------------------------------------------
(3) Tested Under Elevated Temperature Conditions (Specimens must be exposed to 70 [deg]C for 1 hour and tested
 at that temperature.)
----------------------------------------------------------------------------------------------------------------
    (i) Ultimate strength, flatwise..  ISO 14125 or ASTM D 790  276 MPa (40,000 lb/in\2\).
    (ii) Initial modulus of            ISO 14125 or ASTM D 790  15,858 MPa (2.3 x 10E6 lb/in\2\).
     elasticity, flatwise.
----------------------------------------------------------------------------------------------------------------

[[Page 53518]]


(4) Tested After Exposure to Liquid Chemicals (Standard test chemical reagents.)
----------------------------------------------------------------------------------------------------------------
    (i) Change in mass & dimensions..  ISO 175 or ASTM D 543..  0.1% max.
    (ii) Ultimate strength...........  ISO 14125 or ASTM D 790  (\2\)
----------------------------------------------------------------------------------------------------------------
(5) Tested After Weathering (Specimens must be weathered by either: 1 year per MIL-R-7575C or 500-hour exposure
 per ASTM G154 Table X2.1 Cycle 3.)
----------------------------------------------------------------------------------------------------------------
    (i) Ultimate strength, flatwise..  ISO 14125 or ASTM D 790  310 MPa (45,000 lb/in\2\).
    (ii) Initial modulus of            ISO 14125 or ASTM D 790  17,237 MPa (2.5 x 10E6 lb/in\2\).
     elasticity, flatwise.
    (iii) Fire retardant.............  MSC Circ. 1006.........  Pass.
----------------------------------------------------------------------------------------------------------------
\1\ Each standard in this table is incorporated by reference, see Sec.   164.017-5.
\2\ There are no requirements for these properties, but the values must be determined and reported. Calculations
  for ultimate flexural strength after immersion in chemical fluids must be based on the dimensions of the
  specimens before immersion.
\3\ The specimens must show no cracking, crazing, softening, delamination, or any other visible deterioration
  after conditioning exposure or immersions.

Sec.  164.017-9  Procedure for acceptance.

    (a) Fire retardant resin is not subject to formal approval, but 
will be accepted by the Coast Guard on the basis of this subpart for 
use in the manufacture of lifesaving equipment. Coast Guard acceptance 
of fire retardant resin for use in the manufacture of lifesaving 
equipment does not guarantee Coast Guard acceptance of the manufactured 
lifesaving equipment.
    (b) Resin manufacturer requirements. The resin manufacturer must 
submit the test report, material data sheet, including instructions for 
use, and quality control procedures in accordance with 46 CFR 159.005-
9.
    (c) Independent laboratory requirements. The independent laboratory 
must perform each inspection and test required by Sec.  164.017-7 of 
this subpart, and prepare a report in accordance with 46 CFR 159.005-11 
and submit the report to the Commandant for acceptance.


Sec.  164.017-11  Production quality control requirements.

    The resin manufacturer must institute a quality control procedure 
to ensure that all Coast Guard-accepted resin is produced to the same 
standard, and in the same manner as the tested resin accepted by the 
Commandant. The manufacturer's quality control personnel must not work 
directly under the department or person responsible for either 
production or sales.


Sec.  164.017-13  Marking, labeling, and instructions for use.

    (a) Marking and labeling. Each container for the resin must be 
permanently marked with at least the following information--
    (1) Manufacturer's name or trademark, batch number, date of 
manufacture, and date of expiration;
    (2) Chemical type of the resin;
    (3) Maximum usable storage life of the resin (uncatalyzed and 
catalyzed) and recommended storage conditions;
    (4) Maximum allowable shelf life at various temperatures of 
impregnated fabric before curing; and
    (5) Precautionary markings.
    (b) Instructions for use must be included with each shipment of 
approved material and must include--
    (1) Recommended mixing and impregnating procedures, including 
recommended types, percentages, and manner of utilization of catalysts, 
retardants, and fillers, as applicable;
    (2) Range of time, temperature, and pressure cycles recommended to 
effect the cure for laminates; and
    (3) Precautionary information on usage, storage, and handling.


Sec.  164.017-15  Procedure for acceptance of material change.

    (a) Each change in material from the resin accepted under Sec.  
164.017-9 of this subpart must be accepted by the Commandant before 
being used in any production lifeboat or rescue boat. The manufacturer 
must submit any such change following the procedures set forth in Sec.  
164.017-9 of this subpart, but documentation on items that are 
unchanged from the resin accepted under Sec.  164.017-9 of this subpart 
need not be resubmitted.
    (b) Determinations of equivalence of materials will be made by the 
Commandant only.
    49. Add subpart 164.900 to read as follows:
Subpart 164.900--Preemption
Sec.
164.900-1 Preemption of State or Local law.
164.900-3 [Reserved]

Subpart 164.900--Preemption


Sec.  164.900-1  Preemption of State or local law.

    The regulations in this part have preemptive effect over State or 
local regulation within the same field.


Sec.  164.900-3  [Reserved]

PART 180--LIFESAVING EQUIPMENTS AND ARRANGEMENTS

    50. The authority citation for part 180 continues to read as 
follows:

    Authority: 46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

    51. In Sec.  180.150, revise paragraph (a) introductory text and 
add paragraph (c) to read as follows:


Sec.  180.150  Survival craft embarkation arrangements.

    (a) A launching appliance described in paragraph (c) of this 
section, or a marine evacuation system approved under approval series 
160.175, must be provided for each inflatable liferaft and inflatable 
buoyant apparatus when either--
* * * * *
    (c) Each launching appliance for a davit-launched liferaft must 
include an automatic disengaging apparatus approved under 46 CFR part 
160, subpart 160.170 and be either--
    (1) A davit approved under 46 CFR part 160, subpart 160.132 for use 
with a liferaft, with a winch approved under 46 CFR part 160, subpart 
160.115 for use with a liferaft; or
    (2) A launching appliance approved on or before (EFFECTIVE DATE OF 
FINAL RULE) under approval series 160.163.

[[Page 53519]]

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

    52. The authority citation for part 199 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L 103-206, 107 Stat. 2439; 
Department of Homeland Security Delegation No. 0170.1.

    53. Revise Sec.  199.150(a) to read as follows:


Sec.  199.150  Survival craft launching and recovery arrangements; 
general.

    (a)(1) Each launching appliance must be approved under 46 CFR part 
160, subpart 160.132 for use with the intended craft, with a winch 
approved under 46 CFR part 160, subpart 160.115 for use with the 
intended craft.
    (2) Each launching appliance for a davit-launched liferaft must 
include an automatic disengaging apparatus approved under 46 CFR part 
160, subpart 160.170 and be either--
    (i) A launching appliance described in paragraph (a)(1) of this 
section; or
    (ii) A launching appliance approved on or before (EFFECTIVE DATE OF 
FINAL RULE) under approval series 160.163.
* * * * *

    Dated: August 16, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2010-20917 Filed 8-30-10; 8:45 am]
BILLING CODE 9110-04-P

