[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62962-63015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25035]



[[Page 62961]]

Vol. 76

Tuesday,

No. 196

October 11, 2011

Part IV





Department of Homeland Security





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Coast Guard





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46 CFR Parts 108, 117, et al.





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

  Federal Register / Vol. 76 , No. 196 / Tuesday, October 11, 2011 / 
Rules and Regulations  

[[Page 62962]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

[Docket No. USCG-2010-0048]
RIN 1625-AB46


Lifesaving Equipment: Production Testing and Harmonization With 
International Standards

AGENCY: Coast Guard, DHS.

ACTION: Interim rule.

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SUMMARY: The Coast Guard is amending 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 amended regulations harmonize the 
Coast Guard's design, construction, and performance standards for this 
lifesaving equipment with international standards. In addition, the 
regulations 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. 
Because the International Maritime Organization (IMO) has recently 
changed its international standards for lifeboat release mechanisms, 
the Coast Guard is issuing these amended regulations as an interim rule 
and will finalize the regulations after proposing amendments as 
necessary to address the recent IMO changes regarding release 
mechanisms. Additionally, recent IMO action modified the international 
standards for liferafts, and the Coast Guard is proposing new changes 
to its regulations to implement the modified international standards. 
The Coast Guard is publishing the proposal regarding liferafts 
separately in the Proposed Rules section of this issue of the Federal 
Register.

DATES: This interim rule is effective November 10, 2011. The Director 
of the Federal Register has approved the incorporation by reference of 
certain publications listed in this rule as of November 10, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0048 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2010-0048 in the ``Keyword'' box, and then clicking 
``Search.''
    Viewing incorporation by reference material. You may inspect the 
material incorporated by reference at U.S. Coast Guard Headquarters, 
2100 Second Street, 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 rule, e-
mail or call Mr. George Grills, P.E., Commercial Regulations and 
Standards Directorate, Office of Design and Engineering Standards, 
Lifesaving and Fire Safety Division (CG-5214), Coast Guard; telephone 
202-372-1385, e-mail [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
    A. International Standards
    B. Independent Laboratories
    C. Other Revisions
IV. Discussion of Comments and Changes
    A. Discussion of Changes from the NPRM
    B. Discussion of Comments on the NPRM
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. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))
    O. Environment

I. 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
MRA Mutual Recognition Agreement
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)
NPRM Notice of Proposed Rulemaking
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
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS International Convention for Safety of Life at Sea, 1974, as 
amended
Sec.  Section symbol
UL Underwriters Laboratories
U.S.C. United States Code
USCG United States Coast Guard
US/EC MRA Agreement between the United States and European Community 
on the mutual recognition of certification of conformity for marine 
equipment

II. Regulatory History

    On August 31, 2010, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Lifesaving Equipment: Production Testing and 
Harmonization with International Standards'' in the Federal Register. 
See 75 FR 53458. The comment period for the NPRM closed on November 29, 
2010, and we received three letters in the docket, containing 29 
comments, which are summarized and responded to below. No public 
meeting was requested for this rulemaking and we did not hold one.
    The Coast Guard is promulgating these amended regulations as an 
interim rule, rather than as a final rule, because we plan to propose 
additional amendments as necessary to address recent changes to 
international standards regarding performance requirements for release 
mechanisms of lifeboats. In May 2011, the International Maritime 
Organization's (IMO) Maritime Safety Committee (MSC) amended its 
international standards regarding release mechanisms. These IMO 
amendments only affect release mechanisms with respect to their 
operating characteristics and a new requirement to use corrosion-
resistant materials for certain critical components. These IMO 
amendments are presented in IMO Resolution MSC.320(89) ``Adoption of 
amendments to the International Life-saving

[[Page 62963]]

Appliance (LSA) Code.'' A copy of the IMO amendments are available from 
IMO and also upon request sent to Mr. Grills, as listed in FOR FURTHER 
INFORMATION CONTACT, above. The Coast Guard plans to publish in a 
future Federal Register document proposed changes to Coast Guard 
regulations to implement the IMO amendments the Coast Guard determines 
appropriate for purposes of harmonization and consistency with 
international standards. We will finalize this interim rule at the same 
time we issue any final rule for the forthcoming proposed changes to 
implement the IMO amendments.
    Additionally, IMO also recently adopted two new resolutions that 
affect the interim rule regarding inflatable liferafts and inflatable 
buoyant apparatuses. The two new resolutions, Adoption of Amendments to 
the International Life-Saving Appliance (LSA) Code (MSC.293(87)) and 
Adoption of Amendments to the Revised Recommendation on Testing of 
Life-Saving Appliances (MSC.295(87)), affect capacity requirements for 
such liferafts, and by extension inflatable buoyant apparatuses, but do 
not affect any other part of the interim rule. The Coast Guard proposes 
changes to the interim rule to address these two new resolutions, and 
that proposal is published separately in this issue of the Federal 
Register as a Supplemental Notice of Proposed Rulemaking (SNPRM).

III. Basis and Purpose

    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. 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 
prototype liferaft during fabrication). This rulemaking revises those 
specific standards for launching appliances, release mechanisms, 
survival craft, rescue boats, and automatic disengaging devices, and 
expands the use of independent laboratories in the Coast Guard's 
approval process.

A. International Standards

    International safety standards for the lifesaving equipment 
addressed by this rulemaking are established by the Parties to SOLAS, 
including the United States, acting through the 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), MSC.272(85), and MSC.293(87)); see SOLAS Chapter III, 
Regulation 4; \1\ and
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    \1\ As discussed above, IMO recently adopted IMO Resolution 
MSC.293(87). The only amendment to the LSA Code made by this 
resolution relevant to this rulemaking affects capacity requirements 
for inflatable life rafts and inflatable buoyant apparatuses. This 
amendment is discussed in more detail in the SNPRM.
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     Revised recommendation on testing of life-saving 
appliances (``Recommendation on Testing'') (IMO Resolution MSC.81(70), 
as amended by IMO Resolutions MSC.226(82), MSC.274(85), and 
MSC.295(87)); see SOLAS Chapter III, Regulation 4.\2\
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    \2\ As discussed above, IMO recently adopted IMO Resolution 
MSC.295(87). The only amendment to the revised recommendation on 
testing made by this resolution relevant to this rulemaking affects 
tests, accounting for the change in capacity requirements, for 
inflatable liferafts and inflatable buoyant apparatuses. This 
amendment is discussed in more detail in the SNPRM.
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    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 available standards 
for lifesaving appliances and to be appropriate for lifesaving 
appliances for all vessels subject to inspection by the United States. 
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, pursuant to 46 U.S.C. 3306 and 46 CFR 159.005-
7(c), deemed compliance by U.S. flag ships with the IMO standards as 
compliance with Coast Guard domestic regulations.
    In this interim rule, the Coast Guard harmonizes its regulations 
for certain 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 inspection).\3\ In 
1983, Congress revised 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.\4\ See Public Law 98-89 Partial

[[Page 62964]]

Revision of Title 46, 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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    \3\ 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 inspections 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).
    \4\ Section 3306 directs ``the Secretary shall prescribe 
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 prescribe 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 prescribe 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 
or witnessing certain tests and conducting certain inspections required 
for Coast Guard approval of equipment and materials. When performing or 
witnessing 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, and 
only with Coast Guard approval. See 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 Coast Guard 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 interim rule, the Coast Guard extends the use of 
independent laboratories, under the oversight of Coast Guard 
inspectors, in the approval process for additional lifesaving 
equipment. The Coast Guard requires manufacturers to use an independent 
laboratory for prototype fabrication and production oversight, and 
provides 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 interim rule, the Coast Guard also revises the structure of 
certain subparts affected by this rulemaking, and makes additional 
conforming, appliance-specific changes to these subparts not related to 
harmonization with international standards or use of independent 
laboratories.

IV. Discussion of the Comments and Changes

    The Coast Guard's regulations addressing lifesaving equipment are 
found in 46 CFR part 160. Each subpart addresses a specific type of 
lifesaving equipment. The Coast Guard is amending 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;
     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 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 includes updating, 
adding, or removing certain standards incorporated by reference and 
creating a new subpart in 46 CFR part 164 addressing fire-retardant 
resins used in the construction of lifeboats and rescue boats.

A complete discussion of these changes is available in the NPRM, 
published August 30, 2010. See 75 FR 53458, 53460.

A. Discussion of Changes From the NPRM

    In the interim rule, the Coast Guard is making changes to the rule 
text as

[[Page 62965]]

proposed in the NPRM (75 FR 53458 (August 30, 2010)). Some of the 
changes clarify the meaning of the proposed rule text, make 
requirements less restrictive than proposed, and many of these changes 
are in response to comments, as noted and discussed in this section. 
Other changes correct minor, inadvertent inaccuracies in the proposed 
rule text. While several of the changes are not related to or in 
response to a comment, the Coast Guard considers these changes to be a 
``logical outgrowth'' of what was proposed in the NPRM, as discussed 
for each such change below, and that further notice and comment on them 
is not required.\5\
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    \5\ See Int'l Union, United Mine Workers of Amer. v. Mine Safety 
and Health Admin., 626 F.3d 84, 95 (D.C. Cir. 2010) (``a final rule 
will be deemed to be the logical outgrowth of a proposed rule if a 
new round of notice and comment would not provide commenters with 
their first occasion to offer new and different criticisms which the 
agency might find convincing.'') (internal citations omitted).
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1. Officer-in-Charge, Marine Inspection (OCMI) Definition
    The Coast Guard is changing the definition of OCMI in 46 CFR 
160.115-3, 160.132-3, 160.133-3, 160.135-3, 160,151-3, 160.156-3, and 
160.170-3 in the interim rule to more accurately align with existing 
definitions and delineation of OCMI responsibilities in Coast Guard 
regulations. The definition of OCMI in the proposed rule only addressed 
OCMIs assigned to Coast Guard Districts and inadvertently did not cover 
OCMIs assigned to Activities Europe. The interim rule defines OCMI by 
referring to 46 CFR 1.01-15(b), which details the responsibilities and 
duties of all OCMIs. If the Coast Guard makes any change to the 
responsibilities and duties of its OCMIs generally, it will make the 
changes in 46 CFR 1.01-15(b). By referring to 46 CFR 1.01-15(b), the 
definition of OCMI in subparts 160.115, 160.132, 160.133, 160.135, 
160.151, 160.156, and 160.170 will always reflect the most current 
definition of an OCMI. The definition of OCMI in the proposed rule also 
defined the ``cognizant OCMI'' as ``the OCMI who has immediate 
jurisdiction over a vessel for the purpose of performing the duties 
previously described.'' The subparts affected by this rulemaking, 
however, address equipment, not vessels. As such, the Coast Guard is 
adding the phrase ``or geographic area'' to the sentence defining 
``cognizant OCMI'' to make the definition more accurate. These changes 
are a logical outgrowth of the definition of OCMI in the proposed rule 
because the purpose of the proposed definition was to specify the Coast 
Guard personnel with responsibility under the proposed rule, and these 
changes clarify but do not otherwise affect that. The NPRM clearly 
specified the cognizant OCMI would be the responsible Coast Guard 
personnel, and intended the description of an OCMI to be consistent 
with the main definition of ``OCMI'' found in 46 CFR 1.01-15(b). The 
interim rule still specifies that OCMIs have responsibility under the 
interim rule and the interim rule definition of OCMI only more 
accurately describes OCMIs by aligning the definition with the Coast 
Guard's main regulation defining the duties and responsibility of its 
OCMIs and clarifying the definition of ``cognizant OCMI.''
2. Welder Certification
    In response to a comment, the Coast Guard is expanding the 
certification requirement for welders in 46 CFR 160.115-7(b)(4), 
160.132-7(b)(4), 160.133-7(b)(4), 160.135-7(b)(4), 160.156-7(b)(4), and 
160.170-7(b)(4). The comment asked whether the reference to the 
American Bureau of Shipping would remain in the proposed rule 
requirement that 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.''
    No. The Coast Guard has replaced, in the interim rule, the 
reference to American Bureau of Shipping with a phrase to encompass all 
Coast Guard-recognized classification societies, as well as revised the 
regulatory text to include other welder certifications to accommodate 
overseas manufacturing. The proposed rule would have required welders 
to be certified by the Commandant, American Bureau of Shipping, U.S. 
Navy, or an independent laboratory accepted by the Coast Guard. The 
proposed rule specifically mentioned the American Bureau of Shipping 
because historically it was the only classification society recognized 
by the Commandant. The proposed rule used the phrase ``independent 
laboratory accepted by the Coast Guard'' to cover welder certifications 
by other certifying bodies similar to American Bureau of Shipping, 
including other Coast Guard-recognized classification societies. The 
Coast Guard currently recognizes several classification societies in 
addition to the American Bureau of Shipping under the requirements of 
46 CFR 8.220. Additionally, the Coast Guard is aware that, although 
American Bureau of Shipping-certified welders are readily available 
within the United States, this is not necessarily true overseas. The 
proposed rule's inclusion of ``independent laboratory accepted by the 
Coast Guard'' to cover welder certifications by other certifying bodies 
did not adequately cover welder certifications by other Coast Guard-
recognized classification societies or other certifying bodies similar 
to Coast Guard-recognized classification societies.
    The Coast Guard has revised the interim rule to appropriately 
reflect the Coast Guard's recognition of several classification 
societies and to cover welder certifications by other appropriate 
certifying bodies. Specifically, the revised regulatory text in the 
interim rule now states, ``welders certified by the Commandant, a 
classification society recognized by the Commandant in accordance with 
46 CFR 8.220, the U.S. Navy, or the national body where the [lifesaving 
equipment] is constructed or the national body's designated recognized 
organization.'' The Coast Guard notes that the phrase ``classification 
society recognized by the Commandant in accordance with 46 CFR 8.220'' 
covers the American Bureau of Shipping for as long as it remains 
recognized in accordance with 46 CFR 8.220. These changes are a logical 
outgrowth of the NPRM because, although the proposed rule text did not 
adequately cover overseas welder certifications, the NPRM made clear 
that the proposed rule was designed in many instances to recognize that 
much of the lifesaving equipment covered by this rulemaking is 
manufactured overseas and to accommodate overseas manufacturing. See, 
for example, the discussion in the NPRM preamble in section VI. B. 75 
FR 53463. It was inconsistent for the proposed rule to specifically 
expand the use of independent laboratories in the approval and 
inspection process to relieve manufacturers of certain burdens 
associated with this process, and then to also limit the use of welders 
for manufacturing to only those welders with U.S. certifications. 
Expanding the options for welder certifications to accommodate overseas 
manufacturing in the interim rule is a logical outgrowth of the NPRM's 
proposal to revise Coast Guard regulations to accommodate overseas 
manufacturing.
3. Launching Appliances for Fast Rescue Boats
    The Coast Guard is correcting the reference to the LSA Code in the 
interim rule, Sec.  160.115-7(a)(1), to ensure inclusion of the 
standards for launching appliances intended to be used with fast rescue 
boats. Proposed 160.115-7(a)(1) included LSA Code ``Chapter VI/6.1.1

[[Page 62966]]

and 6.1.2,'' for incorporation by reference. This citation to the LSA 
Code was too specific and erroneously omitted standards for launching 
appliances intended to be used with fast rescue boats included in 
provisions of LSA Code Chapter VI/6.1, which is the citation included 
in the interim rule. This change is a logical outgrowth because the 
proposed rule included the tests applicable to these launching 
appliances in Sec.  160.115-7(b)(2) and highlighted the omission in 
proposed paragraph (a)(1) of the standards to which to test these 
launching appliances under proposed paragraph (b)(2).
4. Steel Grade Specification
    In the interim rule, the Coast Guard is incorporating by reference 
three additional American Society for Testing Materials (ASTM) 
standards to correct a reference in the proposed rule to a stainless 
steel grade without the necessary standard reference. Proposed 46 CFR 
160.133-7(b)(3), 160.135-7(b)(3), 160.156-7(b)(3), and 160.170-7(b)(3) 
stated ``Corrosion resistant steel must be a standard 302 stainless 
steel or have equal or superior corrosion resistant characteristics.'' 
While those familiar with 302 stainless steel would recognize it as an 
American Iron and Steel Institute (AISI) or ASTM designation, the 
proposed rule did not specify the designation. The Coast Guard is 
incorporating by reference ASTM A276-08a ``Standard Specification for 
Stainless Steel Bars and Shapes'', ASTM A313/A313M-08 ``Standard 
Specification for Stainless Steel Spring Wire'', and ASTM A314-08 
``Standard Specification for Stainless Steel Billets and Bars for 
Forging'' in each of the affected subparts, and each of the affected 
sections references these standards. The language in the interim rule 
reads: ``type 302 stainless steel per ASTM A276, A313 or A314.'' The 
interim rule retains the option for using another corrosion resistant 
steel of equal or superior corrosion resistant characteristics. This 
change is a logical outgrowth from the proposed rule because the 
omission of the specific standards organization designation in the 
proposed rule was clear from the text of the proposed rule. It would 
have been difficult to comply with the stainless steel requirement in 
the proposed rule without any reference to the specific designation, 
and the proposed rule provision providing the option to use other equal 
or superior steel was meaningless without appropriate designation of 
type 302 steel.
5. Clarifying Action of Independent Laboratories
    In response to a comment, the Coast Guard is making a clarifying 
editorial change throughout the interim rule to reflect the fact that 
independent laboratories sometimes perform required tests and other 
times only witness the performance of required tests, depending on the 
circumstances. The comment suggested that the repeated NPRM preamble 
statement, ``The independent laboratory must perform or witness the 
inspections and tests under this section * * *'' is misleading because 
laboratories are otherwise only required by the proposed rule to 
witness tests, and not to perform them. The commenter suggested that 
the wording in the preamble should be changed to, ``The independent 
laboratory must witness the inspections and tests under this section * 
* *''
    The Coast Guard clarifies that under the proposed and interim 
rules, independent laboratories both perform and witness required tests 
depending upon the circumstances. In order to ensure the interim rule 
accurately reflects these different, required actions of independent 
laboratories, and to ensure consistency of terminology between the 
affected subparts, the interim rule replaces instances of ``conduct or 
witness,'' ``conduct,'' and ``perform or witness'' with the phrase 
``perform or witness, as appropriate,'' in 46 CFR 160.115-15, 160.132-
15, 160.133-15, 160.135-11, 160.135-15, 160.156-11, 160.156-15 and 
160.170-15, as necessary.
6. Adding an Additional, Optional Artificial Weathering Method for 
Resins
    In response to a comment, the Coast Guard is adding an additional, 
optional method for artificially weathering resins in 46 CFR part 160, 
Table 164.120-7. In the proposed rule, this table was numbered as Table 
164.017-7; see Section 7, Editorial Changes, below for more details on 
the renumbering. As proposed, Table 164.120-7(d)(5) (Table 164.017-7 in 
the NPRM) provided the option of weathering specimens by either 1 year 
per MIL-R-7575C, or 500-hour exposure per ASTM G154 Table X2.1 Cycle 3. 
The comment suggested adding as an alternative or changing to Cycle 1 
in Table X2.1 of ASTM G154--UVA-340 exposure at Table 164.120-7 (UV 
test according to ASTM G154), stating that UVA exposure is seen as a 
more realistic comparison to natural weathering. The Coast Guard agrees 
that Cycle 1 is also an appropriate artificial weathering method, and 
has revised the regulatory text accordingly. In the interim rule, resin 
artificial weathering testing may be performed using Cycle 1 or Cycle 3 
of ASTM G154.
7. Limiting Clear Resin Requirements for Lifeboats and Rescue Boats
    In response to a comment, the Coast Guard is clarifying the meaning 
of proposed Sec. Sec.  160.135-11(c)(2)(i)(A) and 160.156-
11(c)(2)(i)(A). The commenter pointed out that in the proposed rule, 
Sec. Sec.  160.135-11(c)(2)(i)(A) and 160. 156-11(c)(2)(i)(A) may be 
read to imply that every Fiber Reinforced Plastic (FRP) component of a 
prototype needs to be of clear resin, including the gel coat. The 
commenter suggested that this requirement be limited to the outer hull 
and FRP inner hull components which are bonded or bolted to the outer 
hull. The Coast Guard agrees the language of the proposed rule was 
unclear, and agrees with the commenter's suggestion, which was the 
intended meaning of the proposed rule's text. The Coast Guard has 
revised Sec. Sec.  160.135-11(c)(2)(i)(A) and 160.156-11(c)(2)(i)(A) to 
clarify that only the outer hull and FRP inner hull components bonded 
or bolted to the outer hull must be constructed of clear resin.
8. Editorial Changes
    The Coast Guard is making two clarifying editorial changes 
requested by commenters: (1) In Sec.  160.115-7(b)(6)(vi)(B), the 
reference in the proposed rule to ``12 inches'' now reads in the 
interim rule as ``0.3m (12 in)'' for consistency throughout the rules 
in citing the metric measurement and noting the U.S. customary 
measurement in parentheses; and (2) in Sec.  160.135-7(b)(12) the Coast 
Guard adds the word ``hull'' before ``drain plug'' in the paragraph 
heading to avoid confusion with engine oil pan drain plugs, or with 
other drain plugs.
    Additionally, as suggested by a commenter, the Coast Guard is 
renumbering proposed 46 CFR part 164, subpart 164.017 as 46 CFR part 
164, subpart 164.120. The commenter suggested that the choice of 
``164.017'' for a new subpart number addressing fire retardant resins 
for lifeboats and rescue boats is possibly confusing because this 
designation might not be consistent with the currently applied 
numbering convention in 46 CFR. The current numbering convention used 
in 46 CFR correlates domestic-applicable--subparts 160.0XX--with SOLAS-
applicable--subparts 160.1XX. This same numbering convention also 
applies to approval series. Under this convention, the correlating 
SOLAS-applicable approval series to proposed subpart 164.017 would be 
current

[[Page 62967]]

approval series 164.117, which is assigned to SOLAS Floor Coverings. 
The commenter recommended number ``164.050'' or higher as a suitable 
alternative. The Coast Guard has renumbered proposed 46 CFR part 164, 
subpart 164.017 to subpart 164.120 to resolve the conflict with the 
approval series assigned to floor coverings and to acknowledge that the 
proposed subpart is consistent with SOLAS requirements.
    Finally, the Coast Guard is making additional non-substantive 
changes to the references to documents incorporated by reference and to 
correct a typo. The Coast Guard updated the citations to IMO documents 
incorporated by reference to make them easier to identify and to obtain 
copies. The Coast Guard has updated citations of other standards 
incorporated by reference by providing cites to edition and date, as 
applicable, to ensure proper identification of the standard and to 
conform to Federal Register requirements for incorporations by 
reference. None of the standards with updated citations have changed 
from the NPRM to the interim rule. The Coast Guard also removed two 
standards (ISO 2039-1:2001 and MIL P 17549D(SH)) that were erroneously 
proposed for incorporation by reference in part 164.120 because they 
were not proposed for use in part 164.120 in the NPRM and are not used 
in the interim rule. The NPRM proposed incorporation by reference of 
ISO 2039-1:2001 and ISO 2039-2:1987 in Sec.  165.120-7, but that 
section only referenced ``ISO 2039'' as an equivalent, alternative to 
ASTM D 2583. Those familiar with these standards would recognize that 
ISO 2039-2:1987 is the equivalent, alternative to ASTM D 2583 for 
determining indentation hardness. The interim rule does not contain the 
unnecessary ISO standard and corrects the reference in Sec.  165.120-7 
to read ``ISO 2039-2.'' The NPRM proposed incorporate by reference of 
MIL P 17549D(SH) but the proposed rule and interim rule do not 
reference to this standard in part 164.120. The Coast Guard is also 
correcting a typo that appeared in the proposed definition of 
``Independent Laboratory'' in proposed Sec.  160.132-3. The proposed 
definition incorrectly referenced 46 CFR 169.001-3 instead of 46 CFR 
159.001-3, which was correctly referenced in all other definitions of 
``Independent Laboratory'' in the proposed rule.

B. Discussion of Comments on the NPRM

    The Coast Guard received 29 comments in response to the NPRM 
published on August 31, 2010. See 75 FR 53458. Several comments 
proposed changes or made comments prompting changes in the interim 
rule, as discussed above in Section A, Discussion of Changes from the 
NPRM. The following paragraphs contain an analysis of the remaining 
comments received.
    One commenter noted the two new resolutions recently adopted by IMO 
and asked whether the Coast Guard will require compliance with the 
amendments to the LSA Code and Recommendation on Testing that affect 
liferaft capacity requirements.
    As discussed above in II, Regulatory History, the Coast Guard is 
publishing an SNPRM to propose changes to the interim rule to address 
these two new resolutions. The SNPRM is published separately in this 
issue of the Federal Register and the Coast Guard seeks comment on the 
proposed changes in the SNPRM.
    One commenter noted that, under the Agreement between the United 
States and European Community on the mutual recognition of 
certification of conformity for marine equipment (US/EC MRA) and the 
agreement between the United States and the European Economic Area and 
European Free Trade Association countries on the Mutual Recognition for 
Conformity of Marine Equipment (US/EEA/EFTA MRA), a Notified Body \6\ 
issues Coast Guard approval certificates, and asked whether the Coast 
Guard intends to modify this, based on the NPRM preamble statement: 
``The Coast Guard would remain the sole issuer of certificates of 
approval for Coast Guard-approved lifesaving equipment.'' The commenter 
also stated that an independent laboratory publishes its approval 
certificates, and asked whether such publication would violate the 
proposed rule.
---------------------------------------------------------------------------

    \6\ A Notified Body is generally a testing or certification 
organization recognized by the European Union to evaluate certain 
equipment, similar to an independent laboratory accepted by the 
Commandant.
---------------------------------------------------------------------------

    The Coast Guard clarifies that Notified Bodies, recognized under 
the US/EC MRA and the US/EEA/EFTA MRA, do not issue Coast Guard 
Certificates of Approval, but are permitted to issue a Coast Guard 
approval number for certain types of equipment and assign it to the 
Notified Body's certificate in accordance with the US/EC MRA and the 
US/EEA/EFTA MRA. For more information on the US/EC MRA and the US/EEA/
EFTA MRA, please see Navigation and Inspection Circular 08-04 change 1 
(available at: http://www.uscg.mil/hq/cg5/nvic/pdf/2004/08-04change1.pdf).
    The Coast Guard notes that the only equipment affected by this 
rulemaking currently covered by the US/EC MRA and the US/EEA/EFTA MRA 
is liferaft automatic disengaging devices, which are addressed in 46 
CFR part 160, subpart 160.170. Liferaft automatic release mechanisms 
may have a Certificate of Approval issued by the Coast Guard or a Coast 
Guard approval number issued by the appropriate Notified Body. The 
Coast Guard recognizes that an independent laboratory may also be a 
Notified Body, and clarifies that an independent laboratory publishing 
its approval certificates for equipment covered by the US/EC MRA and 
the US/EEA/EFTA MRA does not violate this rule, and in fact is required 
for Coast Guard approvals issued under the MRAs. The Coast Guard notes 
that, unless issued in accordance with one of the MRAs, an independent 
laboratory's approval certificate does not constitute Coast Guard 
approval. The Coast Guard further clarifies that for all other 
equipment it will remain the sole issuer of Certificates of Approval 
for Coast Guard-approved lifesaving equipment.
    One commenter pointed out the discussion in the NPRM preamble 
regarding the Coast Guard's intention to relieve manufacturers of the 
burden of multiple design reviews, or prototype tests, by multiple 
nations with the expanded use of independent laboratories, and asked 
whether there will be Mutual Recognition Agreements (MRAs) with the 
other nations, or whether the Coast Guard will accept approvals done by 
an independent laboratory on behalf of other nations.
    The Coast Guard is not currently pursuing MRAs with other nations, 
but will accept test reports from Coast Guard-accepted independent 
laboratories in support of approvals for other nations, provided the 
testing is conducted in accordance with this interim rule. While a 
foreign entity may qualify as an independent laboratory accepted under 
46 CFR part 159, subpart 159.010, the entity will perform duties under 
the interim rule on behalf of the Coast Guard, and will apply and 
comply with Coast Guard requirements, not with the entities' own rules 
or guidelines.
    One commenter noted the NPRM preamble statement, ``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,'' and asked whether the 
rule will delegate the design review to a recognized laboratory.

[[Page 62968]]

    No, the Coast Guard retains the responsibility for design review 
for liferafts under provisions in current 46 CFR part 160, subpart 
160.151, and those provisions are not affected by this rulemaking.
    One commenter noted that various steps of the approval process are 
split between the Coast Guard and an independent laboratory for some 
equipment. The commenter suggested it should be ensured that the same 
party is involved with all parts of the approval process.
    The Coast Guard disagrees. As noted in the NPRM preamble, the Coast 
Guard retains authority for the phases of the approval process that 
involve decisions about the acceptability and approvability of 
lifesaving equipment design and performance, preapproval plan review 
and prototype testing. Additionally, the Coast Guard remains the sole 
issuer of Certificates of Approval (except where approval numbers are 
issued in accordance with the US/EC MRA or the US/EEA-EFTA MRA, as 
discussed above).
    One commenter suggested that the use of independent laboratories 
for plan review and prototype inspection and tests be limited to 
manufacturers that already hold Coast Guard Certificates of Approval 
for the type of equipment under consideration, and independent 
laboratories already involved in inspection of the type of equipment 
involved.
    The Coast Guard disagrees with the suggested blanket limitation 
because, as stated in the NPRM, the authority for independent 
laboratories to perform these functions will be defined in the course 
of acceptance of the independent laboratory in accordance with 46 CFR 
part 159, subpart 159.010. The commenter's suggestion may be 
considered, as appropriate, in the course of accepting specific 
independent laboratories for approval of specific types of equipment. 
The Coast Guard notes that an entity must already be involved in 
inspection of the type of equipment for which they apply in order to be 
an accepted independent laboratory under 46 CFR part 159, subpart 
159.010.
    One commenter asked whether the proposed rulemaking satisfies the 
court order of May 31, 1983, effectuating the decision in U.S. 
Lifesaving Equipment Manufacturers Association v. Dole, 567 F.Supp. 
696, (May 4, 1983). Specifically, the court order prohibited the Coast 
Guard from requiring or authorizing ``any manufacturer or manufacturers 
of liferafts, lifeboats, or lifeboat equipment to have such equipment 
inspected or tested by an independent laboratory unless USCG shall have 
first (a) Published an appropriate notice of proposed rulemaking in the 
Federal Register advising interested persons of the scope and effect of 
and reasons for the proposed new requirement, (b) provided an 
opportunity for public comment thereon, (c) fully considered all such 
comments, and (d) included in the final regulation an adequate 
statement of the basis and purpose of the new requirements.''
    Yes, the Coast Guard satisfies that court order with (a) 
Publication of the NPRM on August 30, 2010, (b) the public comment 
period that closed on November 29, 2010, (c) this discussion of 
comments evidencing Coast Guard's consideration of all comments, and 
(d) the discussion above under III, Basis and Purpose.
    One commenter stated that they think the word ``advertise'' in 
Sec.  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), can be taken to mean that an independent 
laboratory cannot list the products it has approved or allow the use of 
its logos on such products.
    The Coast Guard agrees that under longstanding Coast Guard policy, 
independent laboratories may, and commonly do, mark and list equipment 
they have tested. The Coast Guard emphasizes, however, that under the 
subparts affected by this rulemaking, independent laboratories do not 
approve equipment on behalf of the Coast Guard.
    One commenter suggested that the proposed rule provisions for 
permitting the use of equivalent materials should require the 
independent laboratory to prepare the justification of equivalency for 
acceptance by the Commandant. The commenter suggested that Coast Guard 
staff should not have to do the research required to accept such 
equivalencies.
    The Coast Guard concurs with the spirit of the comment to relieve 
Coast Guard staff of researching equivalencies. Under longstanding 
Coast Guard policy, it is the burden of the manufacturer to demonstrate 
equivalency when requesting such a determination. No regulatory text 
changes are necessary.
    One commenter asked if the Coast Guard intends that a laboratory 
would be required to verify the quality assurance and quality control 
process in a given factory and monitor batch testing of resins, per the 
following NPRM preamble statement: ``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.''
    No, the intent of this rulemaking is not to require independent 
laboratories to verify the quality assurance and quality control 
process at a resin manufacturer. The Coast Guard notes that new 46 CFR 
part 164, subpart 164.120 (proposed in the NPRM as subpart 164.017) 
does not contain such a requirement. The Coast Guard accepts 
independent laboratories for the testing and inspections of specific 
equipment or materials. An independent laboratory accepted for resin 
may not be the same independent laboratory accepted for lifeboats or 
rescue boats.
    One commenter suggested that Table 1, ``IMO Standards and Coast 
Guard Proposed Interpretations,'' in the NPRM preamble should be 
included in the final rule because of its usefulness in showing 
differences between IMO standards and Coast Guard interpretations of 
those standards.
    While the Coast Guard included Table 1 in the NPRM preamble to aid 
readers in understanding the regulatory text, the regulatory text is 
the official legal language. Table 1, however, will remain available 
for reference as published in the NPRM.
    One commenter expressed support for Sec.  160.135-7(b)(2), 
describing operator visibility requirements which exceed the 
requirements of the IMO LSA Code.
    The Coast Guard appreciates the support.
    One commenter asked whether, per the preamble statement indicating 
that the Coast Guard will require the installation of navigation lights 
on lifeboats and rescue boats, consistent with the International 
Regulations for Preventing Collisions at Sea (COLREGS) requirements, 
the Coast Guard will present such a proposal to IMO for consideration.
    No, the Coast Guard does not consider such a proposal necessary 
since neither SOLAS nor the LSA Code exempt lifeboats or rescue boats 
from navigational lights as required by the COLREGS for a vessel of the 
relevant size and speed.
    One commenter asked that the Coast Guard make available the data 
used in the analysis of the proposed rule's effect on small entities.

[[Page 62969]]

    The Coast Guard notes that the data has been available since 
publication of the NPRM. The data is disclosed in the NPRM's Regulatory 
Analysis, which continues to be available on the docket where indicated 
under ADDRESSES.
    One commenter suggested adding MIL-R-21607E(SH), Resins, Polyester, 
Low Pressure Laminating, Fire-Retardant to the list of standards in 
Sec.  160.135-5(f) without providing a reason.
    The Coast Guard disagrees. This standard is incorporated by 
reference appropriately in 46 CFR part 164, proposed subpart 164.120 
(proposed in the NPRM as subpart 164.017), which is the subpart 
addressing resins and required standards, and is only referred to, but 
not required, in 46 CFR part 160, subpart 160.135.
    One commenter noted that proposed Sec.  160.156-15(b)(3) refers to 
a guideline for rescue boat ``Running Lot Inspections,'' but that there 
are no other references to running lot inspections to be found. The 
commenter asked whether running lot inspections will be considered in 
the rulemaking.
    The Coast Guard notes that the NPRM did not reference guidelines 
for rescue boat ``'Running Lot Inspections,'' nor does this rulemaking 
address running lot inspections. Although past practice provided the 
option for the use of running lot inspections, the Coast Guard did not 
propose the use of running lot inspections in the NPRM because the 
Coast Guard determined it would be impractical for this type of 
equipment, which is produced and inspected on an individual, versus 
lot, basis. As such, under the interim rule, each production rescue 
boat must be tested in accordance with Sec.  160.156-15.
    One commenter asked if the Coast Guard was considering allowing 
extended service intervals for inflatable liferafts in light of 
movement toward extended service, applying vacuum packing and other 
methods.
    The NPRM did not address extended service intervals for liferafts, 
and the Coast Guard is not addressing extended service intervals in 
this interim rule.
    Two commenters suggested that the ``Incorporation by reference'' 
and ``Definitions'' sections and preemption language for each equipment 
type subpart should be combined into sections to apply to all of 46 CFR 
part 160 or all of 46 CFR subchapter Q. The commenters suggested this 
will eliminate the need to have these sections in each subpart.
    The Coast Guard appreciates the potential gained efficiency in 
having combined sections; however, the standards incorporated by 
reference and the definitions contained in the subparts affected by 
this rulemaking do not apply to all of part 160. The Coast Guard also 
appreciates the suggestion regarding subchapter Q; however, it is 
beyond the scope of this rulemaking, which does not amend part 159 or 
affect all the subparts contained in subchapter Q. The incorporations 
by reference, definitions, and preemption language are appropriately 
placed for the purposes of this rulemaking. The Coast Guard, however, 
may consider the suggestion in a future rulemaking.
    One commenter suggested that the Coast Guard remove from the CFR 
all existing language applicable to rigid buoyant apparatuses and life 
floats and add language indicating that all approvals of such equipment 
will be withdrawn under 46 CFR 2.75-50(a) on January 1, 2015, per 
Section 609 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-
281).
    The Coast Guard plans to address Section 609 requirements in a 
future regulatory action, and not as part of this rulemaking.
    One commenter asked whether the proposed rulemaking extends to 
those companies that service fire fighting and lifesaving equipment.
    No, this is beyond the scope of this rulemaking.
    One commenter noted that, although this rulemaking does not address 
installation testing, the Coast Guard's guidance on installation 
testing contained in the online version of the Marine Safety Manual 
(MSM), Volume II, section B.1.P.2 is incomplete and recommends that the 
missing sections be added to the Web site.
    Although this comment is beyond the scope of this rulemaking, the 
Coast Guard appreciates the information and will take appropriate 
action to address it.

V. Incorporation by Reference

    The Director of the Federal Register has approved the material in 
46 CFR 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 164.120-5 for incorporation by 
reference under 5 U.S.C. 552 and 1 CFR part 51. 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.

VI. Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 15 of these statutes or executive orders.

A. Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review as 
supplemented by Executive Order 13563, 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.
    Comments on the proposed rule are summarized in the ``Discussion of 
Comments and Changes'' section of this preamble. The Coast Guard 
received no comments that altered our assessment of impacts in the 
NPRM. We have found no additional data or information that changed our 
findings in the NPRM. We have adopted the assessment in the NPRM for 
this rule as final.
    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 will amend 46 CFR part 160 
to harmonize its regulations with IMO standards governing certain types 
of lifesaving equipment. The Coast Guard also will 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 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 voyages 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 rule reflects existing industry practices adopted in 
response to these international standards governing the performance of 
certain types of lifesaving equipment.
    We expect the changes to require the use of independent 
laboratories instead of Coast Guard personnel will result in additional 
costs for manufacturers of certain types of lifesaving equipment.
    Currently, the Coast Guard does not charge for its inspections 
(although

[[Page 62970]]

overseas manufacturing facilities reimburse the Coast Guard for travel 
and subsistence costs of Coast Guard inspectors). The use of 
independent laboratories required by this rule will create a new cost 
for manufacturers of lifesaving equipment. However, the costs of 
inspections by independent laboratories will be partially offset by an 
overall reduction in the number of inspections, made possible through 
the coordination of independent laboratories. Manufacturers will 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 will avoid 
multiple inspections and testing of the same equipment (see the 
``Independent Laboratories'' section for more details).
    Data obtained from the Coast Guard Maritime Information Exchange 
(CGMIX) indicates that the population affected by this rule includes 
eight U.S. manufacturers and 76 foreign manufacturers of lifesaving 
equipment. 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 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 international standards as an alternative to national 
consensus standards.
    The benefits of the rule include compliance with U.S. obligations 
as a SOLAS signatory and the removal of inconsistencies between 
international standards and the Coast Guard's current regulations. The 
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.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard has considered whether this rule will 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 rule on small 
entities is available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble.
    In the NPRM, the Coast Guard certified under 5 U.S.C. 605(b) that 
the rule would not have a significant economic impact on a substantial 
number of small entities. We received no comments on this certification 
and have made no changes that would alter our assessment of the impacts 
in the NPRM.
    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 will 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 rule will not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule will 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 
[email protected]. 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 rule will 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 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 rule's 
requirement for the use of inspectors from independent laboratories 
will 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 rule will 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

[[Page 62971]]

Participation and Request for Comments'' section of this preamble.

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 will 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 (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 invited affected state and 
local governments and their representative national organizations to 
indicate their desire for participation and consultation in this 
rulemaking. We received no such indications.

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 rule will 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 rule will not cause 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 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 rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and will not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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 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 rule will have an effect on foreign 
firms, we have also examined the costs and regulatory action to 
determine if it will 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 will 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 rule uses the following voluntary consensus standards:
     ASTM A 36/A 36M-08, Standard Specification for Carbon 
Structural Steel, (approved May 15, 2008);
     ASTM A 216/A 216M-08, Standard Specification for Steel 
Castings, Carbon, Suitable for Fusion Welding for High-Temperature 
Service, (approved November 1, 2008);
     ASTM A 276-08a, Standard Specification for Stainless Steel 
Bars and Shapes, (approved October 1, 2008);
     ASTM A 313/A313M--08, Standard Specification for Stainless 
Steel Spring Wire, (approved October 1, 2008);
     ASTM A 314-08, Standard Specification for Stainless Steel 
Billets and Bars for Forging, (approved October 1, 2008);
     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, (approved July 15, 2008);

[[Page 62972]]

     ASTM B 127-05 (Reapproved 2009), Standard Specification 
for Nickel-Copper Alloy (UNS N04400) Plate, Sheet, and Strip, (approved 
October 1, 2009);
     ASTM B 209-07, Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, (approved August 1, 2007);
     ASTM D 543-06, Standard Practices for Evaluating the 
Resistance of Plastics to Chemical Reagents, (approved April 1, 2006);
     ASTM D 570-98 (Reapproved 2005), Standard Test Method for 
Water Absorption of Plastics, (approved November 1, 2005);
     ASTM D 638-08, Standard Test Method for Tensile Properties 
of Plastics, (approved April 1, 2008);
     ASTM D 695-08, Standard Test Method for Compressive 
Properties of Rigid Plastics, (approved August 1, 2008);
     ASTM D 790-07e1, Standard Test Methods for Flexural 
Properties of Unreinforced and Reinforced Plastics and Electrical 
Insulating Materials, (approved September 1, 2007);
     ASTM D 792-08, Standard Test Methods for Density and 
Specific Gravity (Relative Density) of Plastics by Displacement, 
(approved June 15, 2008);
     ASTM D 1045-08, Standard Test Methods of Sampling and 
Testing Plasticizers used in Plastics, (approved August 1, 2008);
     ASTM D 1824-95 (Reapproved 2002), Standard Test Method for 
Apparent Viscosity of Plastisols and Organosols at Low Shear Rates, 
(approved March 15, 1995);
     ASTM D 2471-99, Standard Test Method for Gel Time and Peak 
Exothermic Temperature of Reacting Thermosetting Resins, (approved 
November 10, 1999);
     ASTM D 2583-07, Standard Test Method for Indentation 
Hardness of Rigid Plastics by Means of a Barcol Impressor, (approved 
March 1, 2007);
     ASTM D 2584-08, Standard Test Method of Ignition Loss for 
Cured Reinforced Resins, (approved May 1, 2008);
     ASTM D 4029-09, Standard Specification for Finished Woven 
Glass Fabrics, (approved January 15, 2009);
     ASTM F 1014-02 (Reapproved 2007), Standard Specification 
for Flashlights on Vessels, (approved May 1, 2007);
     ASTM F 1166-07, Standard Practice for Human Engineering 
Design for Marine Systems, Equipment, and Facilities, (approved January 
1, 2007);
     ASTM G 154-06, Standard Practice for Operating Fluorescent 
Light Apparatus for UV Exposure of Nonmetallic Materials, (approved 
June 5, 2006);
     IMO Resolution A.657(16), Instructions for Action in 
Survival Craft, (adopted October 19, 1989);
     IMO Resolution A.658(16), Use and Fitting of Retro-
Reflective Materials on Life-Saving Appliances, (adopted October 19, 
1989);
     IMO Resolution A.760(18), Symbols Related to Life-Saving 
Appliances and Arrangements, (adopted November 4, 1993);
     Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010);
     MSC/Circular 980, Standardized Life-saving Appliance 
Evaluation and Test Report Forms (February 13, 2001);
     MSC/Circular 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats, (June 18, 2001);
     MSC.1/Circular 1205, Guidelines for Developing Operation 
and Maintenance Manuals for Lifeboat Systems, (May 26, 2006);
     ISO 62:2008(E), Plastics--Determination of water 
absorption, Third Edition (February 15, 2008);
     ISO 175:1999(E), Plastics--Methods of test for the 
determination of the effects of immersion in liquid chemicals, Second 
Edition (May 1, 1999);
     ISO 527-1:1993(E), Plastics--Determination of tensile 
properties, Part 1: General Principles, First Edition (June 15, 1993);
     ISO 604:2002(E), Plastics--Determination of compressive 
properties, Third Edition (March 1, 2002);
     ISO 1172:1996(E), Textile-glass-reinforced plastics--
Prepregs, moulding compounds and laminates--Determination of the 
textile-glass and mineral-filler content--Calcination methods, Second 
Edition (December 15, 1996);
     ISO 1183-1:2004(E), Plastics,--Methods for determining the 
density of non-cellular plastics--Part 1: Immersion method, liquid 
pyknometer method and titration method, First Edition (February 1, 
2004);
     ISO 1675-1985(E), Plastics--Liquid resins--Determination 
of density by the pyknometer method, Second Edition (August 15, 1985);
     ISO 2039-2:1987(E), Plastics--Determination of hardness--
Part 2: Rockwell hardness, Second Edition (July 15, 1987);
     ISO 2114:2000(E), Plastics (polyester resins) and paints 
and varnishes (binders)--Determination of partial acid value and total 
acid value, Third Edition (August 1, 2000);
     ISO 2535:2001(E), Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature, Third Edition (July 15, 
2001);
     ISO 2555:1989(E), Plastics--Resins in the liquid state or 
as emulsions or dispersions--Determination of apparent viscosity by the 
Brookfield test method, Second Edition (February 1, 1989, corrected and 
reprinted February 1, 1999);
     ISO 14125:1998(E), Fibre-reinforced plastic composites--
Determination of flexural properties, First Edition (March 1, 1998);
     ISO 15372:2000(E), Ships and marine technology--Inflatable 
rescue boats--Coated fabrics for inflatable chambers, First Edition 
(December 1, 2000);
     ISO 15738:2002(E), Ships and marine technology--Gas 
Inflation systems for inflatable life-saving appliances, First Edition 
(February 1, 2002);
     ISO 17339:2002(E), Ships and marine technology--Sea 
anchors for survival craft and rescue boats, First Edition (November 
15, 2002);
     ISO 18813:2006(E), Ships and marine technology--Survival 
equipment for survival craft and rescue boats, First Edition (April 1, 
2006);
     SAE J1527-93 (Revised JAN93), Marine Fuel Hoses, (February 
5, 1993);
     UL 1102, Standard for Nonintegral Marine Fuel Tanks, Fifth 
Edition (February 4, 1999); and
     UL 1185, Standard for Portable Marine Fuel Tanks, Fourth 
Edition (September 26, 1996).
    The sections that reference these standards and the locations where 
these standards are available are listed in 46 CFR 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 164.120-5.
    This rule also uses technical standards other than voluntary 
consensus standards. The Coast Guard will 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 rule:
     A-A-55308, Commercial Item Description, Cloth And Strip, 
Laminated Or Coated, Vinyl Nylon Or Polyester, High Strength, Flexible, 
(May 13, 1997);
     Federal Standard 595C, Colors Used in Government 
Procurement, (January 16, 2008);
     MIL-C-17415F, Military Specification, Cloth, Coated, and

[[Page 62973]]

Webbing, Inflatable Boat and Miscellaneous Use, (May 31, 1989);
     MIL-C-19663D, Military Specification, Cloth, Woven Roving, 
For Plastic Laminate, (August 4, 1988);
     MIL-P-17549D(SH), Military Specification, Plastic 
Laminates, Fibrous Glass Reinforced, Marine Structural, (August 31, 
1981);
     MIL-P-19644C, Military Specification, Plastic Molding 
Material (Polystyrene Foam, Expanded Bead), (July 10, 1970);
     MIL-P-21929B, Military Specification, Plastic Material, 
Cellular Polyurethane, Foam-In-Place, Rigid (2 and 4 Pounds per Cubic 
Foot), (August 11, 1969);
     MIL-P-40619A, Military Specification, Plastic Material, 
Cellular, Polystyrene (For Buoyancy Applications) (December 9, 1968);
     MIL-R-7575C, Military Specification, Resin, Polyester, 
Low-Pressure Laminating, (June 29, 1966);
     MIL-R-21607E(SH), Military Specification, Resins, 
Polyester, Low Pressure Laminating, Fire-Retardant, (May 25, 1990); and
     MIL-R-24719(SH), Military Specification, Resins, Vinyl 
Ester, Low Pressure Laminating, (May 4, 1989).

N. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))

    Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L. 
111-281) adds new section 2118 to 46 U.S.C. subtitle II (Vessels and 
Seamen), chapter 21 (General). New section 2118(a) sets forth 
requirements for standards established for approved equipment required 
on vessels subject to 46 U.S.C. subtitle II (Vessels and Seamen), Part 
B (Inspection and Regulation of Vessels). Those standards must be ``(1) 
Based on performance using the best available technology that is 
economically achievable; and (2) operationally practical.'' See 46 
U.S.C. 2118(a). This rulemaking addresses lifesaving equipment for 
Coast Guard approval that is required on vessels subject to 46 U.S.C. 
subtitle II, part B, and the Coast Guard has ensured this rule 
satisfies the requirements of 46 U.S.C. 2118(a), as necessary.

O. Environment

    We have analyzed this rule under Department of Homeland Security 
Management 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 concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraph (34)(a) and (d) of the Instruction and under 
section 6(a) of the ``Appendix to National Environmental Policy Act: 
Coast Guard Procedures for Categorical Exclusions, Notice of Final 
Agency Policy'' (67 FR 48243, July 23, 2002). This rule involves 
regulations which are editorial or procedural; regulations concerning 
equipping of vessels, and regulations concerning vessel operation 
safety standards. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

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 amends 
46 CFR parts 108, 117, 133, 160, 164, 180, and 199 as follows:

PART 108--DESIGN AND EQUIPMENT

0
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.


0
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 paragraph (a)(1) of this 
section; or
    (ii) A launching appliance approved on or before November 10, 2011 
under approval series 160.163.
* * * * *

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

0
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.


0
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 November 10, 2011 
under approval series 160.163.

PART 133--LIFESAVING SYSTEMS

0
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.

0
6. Revise Sec.  133.150(b) to read as follows:


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

* * * * *

[[Page 62974]]

    (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 paragraph (b)(1) of this 
section; or
    (ii) A launching appliance approved on or before November 10, 2011 
under approval series 160.163.
* * * * *

PART 160--LIFESAVING EQUIPMENT

0
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

0
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (b) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 2200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C, Colors Used in Government Procurement, 
(January 16, 2008), IBR approved for Sec.  160.010-4 (``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) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec.  160.010-
3.
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec.  160.010-3.
    (d) Military Specifications and Standards, Standardization 
Documents Order Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA 
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-P-19644C, Military Specification, Plastic Molding Material 
(Polystyrene Foam, Expanded Bead), (July 10, 1970), IBR approved for 
Sec.  160.010-5 (``MIL-P-19644C'').
    (2) MIL-P-21929B, Military Specification, Plastic Material, 
Cellular Polyurethane, Foam-In-Place, Rigid (2 and 4 Pounds per Cubic 
Foot), (August 11, 1969), IBR approved for Sec.  160.010-5 (``MIL-P-
21929B'').
    (3) MIL-P-40619A, Military Specification, Plastic Material, 
Cellular, Polystyrene (For Buoyancy Applications), (December 9, 1968), 
IBR approved for Sec.  160.010-5 (``MIL-P-40619A'').
    (4) MIL-R-21607E(SH), Military Specification, Resins, Polyester, 
Low Pressure Laminating, Fire-Retardant, (May 25, 1990), IBR approved 
for Sec.  160.010-5 (``MIL-R-21607E(SH)'').

0
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 
Second Street, SW., Stop 7126, Washington, DC 20593-7126.
* * * * *

0
10. Amend Sec.  160.010-3 as follows:
0
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 of this subpart))'';
0
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)'';
0
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)'';
0
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'';
0
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)'';
0
f. In paragraph (a)(9) introductory text, remove the words 
``(Regulation III/39.4.1)'' and add, in their place, the words ``(IMO 
LSA Code, chapter IV/4.2.4.1)'';
0
g. In paragraph (a)(10) introductory text, remove the words 
``(Regulation III/39.4.2)'' and add, in their place, the words ``(IMO 
LSA Code, chapter IV/4.2.4.2)'';
0
h. In paragraph (a)(11) introductory text, remove the symbol ``Sec.  '' 
and add, in its place, the words ``46 CFR''; and remove the words ``of 
this subchapter'';
0
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 places, the words ``IMO LSA Code, 
Chapter IV/4.1.5'';
0
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'';
0
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 of this 
subpart)'';
0
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'';
0
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 places, 
the words ``Annex 11 to IMO Res. MSC.97(73)''; and
0
n. Add paragraph (e)(9) to read as follows:


Sec.  160.010-3  Inflatable buoyant apparatus.

* * * * *
    (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]

0
11. Amend Sec.  160.010-4 as follows:

[[Page 62975]]

0
a. In paragraph (g), remove the word ``(1/4in.)'' and add, in its 
place, the words ``(1/4 in.)''; and
0
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 of this subpart)''.

0
12. Amend Sec.  160.010-5 as follows:
0
a. In paragraph (b) introductory text, remove the text ``(CG-521)'' and 
add, in its place, the text ``(CG-5214)'';
0
b. Revise paragraph (b)(2) to read as set forth below;
0
c. Revise paragraph (b)(3) to read as set forth below;
0
d. Revise paragraph (b)(4) to read as set forth below'';
0
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 of this subpart)''; and remove the text ``(G-MSE)'' and 
add, in its place, the text ``(CG-5214)''; and
0
f. In paragraphs (c)(2) and (c)(3), remove the text ``(CG-521)'' and 
add, in its place, the text ``(CG-5214)''.


Sec.  160.010-5  Buoyant apparatus with plastic foam buoyancy.

* * * * *
    (b) * * *
    (2) MIL-P-19644C (incorporated by reference, see Sec.  160.010-1 of 
this subpart).
    (3) MIL-P-21929B (incorporated by reference, see Sec.  160.010-1 of 
this subpart).
    (4) MIL-P-40619A (incorporated by reference, see Sec.  160.010-1 of 
this subpart).
* * * * *


Sec.  160.010-7  [Amended]

0
13. In Sec.  160.010-7(a), remove the text ``CG-521'' and add, in its 
place, the text ``CG-5214''.

Subpart 160.015 [Removed and Reserved]

0
14. Remove and reserve subpart 160.015.

Subpart 160.032 [Removed and Reserved]

0
15. Remove and reserve subpart 160.032.

Subpart 160.033 [Removed and Reserved]

0
16. Remove and reserve subpart 160.033.

Subpart 160.035 [Removed and Reserved]

0
17. Remove and reserve subpart 160.035.

Subpart 160.051--Inflatable Liferafts for Domestic Service

0
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 [INSERT DATE 30 DAYS AFTER DATE OF 
PUBLICATION OF INTERIM RULE], so long as the liferaft satisfies the 
annual servicing requirements set forth in 46 CFR 160.151-57.
0
19. In Sec.  160.051-3, add the definition for ``Commandant'', in 
alphabetical order, to read as follows:


Sec.  160.051-3  Definitions.

* * * * *
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street, SW., Stop 7126, Washington, DC 20593-7126.


Sec. Sec.  160.051-5 through 160.051-9  [Redesignated as Sec. Sec.  
160.051-7 through 160.051-11]

0
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.

0
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (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) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.  
160.051-7 and 160.051-9.
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.051-7 and 160.051-11.


Sec.  160.051-7  [Amended]

0
22. Amend newly redesignated Sec.  160.051-7 as follows:
0
a. In paragraph (a) introductory text, 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 of this 
subpart)'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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

[[Page 62976]]

interior lamp'', remove the words ``described in Regulation III/
39.6.3'';
0
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'';
0
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 of this subpart)''; and
0
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]

0
23. Amend newly redesignated Sec.  160.051-9 as follows:
0
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
0
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]

0
24. In newly redesignated Sec.  160.051-11, 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 of this subpart)''.

0
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 subpart 160.132 of this part for lifeboats 
approved under subpart 160.135 of this part, liferafts approved under 
subparts 160.051 or 160.151 of this part, and rescue boats approved 
under subparts 160.056 or 160.156 of this part.


Sec.  160.115-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.115-5 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street, 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (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, (adopted November 4, 1993), IBR approved 
for Sec.  160.115-19 (``IMO Res. A.760(18)'').
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec.  160.115-
7.
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.115-7, 160.115-13, and 160.115-15.
    (4) MSC/Circular 980, Standardized Life-saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), 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. (incorporated 
by reference, see Sec.  160.115-5 of this subpart) 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 of this subpart) 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.

[[Page 62977]]

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, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the winch is constructed or the national body's designated recognized 
organization. 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 
0.3m (12 in) 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 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.

[[Page 62978]]

    (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 of this subpart) 
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 
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 perform or witness, as appropriate, 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--

[[Page 62979]]

    (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, as appropriate, 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 of this 
subpart).
    (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;
    (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 of this subpart) 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 of this 
subpart); 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.

0
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.

[[Page 62980]]

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 subpart 160.115 of this part for lifeboats 
approved under subpart 160.135 of this part, liferafts approved under 
subparts 160.051 or 160.151 of this part, and rescue boats approved 
under subparts 160.056 or 160.156 of this part.


Sec.  160.132-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.132-5 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U. S. Coast Guard, 2100 
Second Street 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM A 36/A 36M-08, Standard Specification for Carbon 
Structural Steel, (approved May 15, 2008), 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, (approved November 1, 2008), 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, (adopted November 4, 1993), IBR approved 
for Sec.  160.132-19 (``IMO Res. A.760(18)'').
    (2) International Life-Saving Appliances, including LSA Code, 2010 
Edition, (2010), pages 7-71 (``IMO LSA Code''), IBR approved for 
Sec. Sec.  160.132-3 and 160.132-7.
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.132-7, 160.132-13, and 160.132-15.
    (4) MSC/Circular 980, Standardized Life-Saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), 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 (incorporated 
by reference, see Sec.  160.132-5 of this subpart) 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 of this subpart) 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 of this subpart);
    (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 of this subpart), 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, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the davit is constructed or the national body's designated recognized 
organization. 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

[[Page 62981]]

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 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 of this subpart) 
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

[[Page 62982]]

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 of this subpart). 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 perform or witness, as appropriate, 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 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, as appropriate, 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 of this subpart).


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 of this subpart) 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

[[Page 62983]]

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 of this 
subpart); 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.

0
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 subpart 160.135 of this 
part, and rescue boats approved under subpart 160.156 of this part.


Sec.  160.133-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.133-5 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street, 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 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM A 36/A 36M-08, Standard Specification for Carbon 
Structural Steel, (approved May 15, 2008), IBR approved for Sec.  
160.133-7 (``ASTM A 36'').
    (2) ASTM A 276-08a, Standard Specification for Stainless Steel Bars 
and Shapes, (approved October 1, 2008), IBR approved for Sec.  160.133-
7 (``ASTM A 276'').
    (3) ASTM A 313/A 313M -08, Standard Specification for Stainless 
Steel Spring Wire, (approved October 1, 2008), IBR approved for Sec.  
160.133-7 (``ASTM A 313'').
    (4) ASTM A 314-08, Standard Specification for Stainless Steel 
Billets and Bars for Forging, (approved October 1, 2008), IBR approved 
for Sec.  160.133-7 (``ASTM A 314'').
    (5) 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, (approved July 15, 2008), IBR approved for 
Sec. Sec.  160.133-7, 160.133-13, and 160.133-15. (``ASTM A 653'').
    (6) ASTM F 1166-07, Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, (approved January 1, 
2007), 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

[[Page 62984]]

Appliances and Arrangements, (adopted November 4, 1993), IBR approved 
for Sec.  160.133-19 (``IMO Res. A.760(18)'').
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec.  Sec.  
160.133-3 and 160.133-7.
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.133-7 and 160.133-13 (``IMO Revised recommendation 
on testing'').
    (4) MSC/Circular 980, Standardized Life-saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), 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 of this subpart), 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 of this subpart);
    (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 of this subpart). 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 of this subpart), 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 of this subpart). 
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 type 302 stainless steel per ASTM A 276, ASTM A 313 or ASTM A 314 
(incorporated by reference, see Sec.  160.133-5 of this subpart) or 
another corrosion resistant stainless steel of equal or superior 
corrosion resistant characteristics;
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the release mechanism is constructed or the national body's designated 
recognized organization. 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 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

[[Page 62985]]

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;
    (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 of this subpart) 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

[[Page 62986]]

systems and may be tested without launching the boat;
    (iii) Materials. Steel meeting ASTM A 653 (incorporated by 
reference, see Sec.  160.133-5 of this subpart) 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 of this subpart). 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 perform or witness, as appropriate, 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 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

[[Page 62987]]

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, as appropriate, 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 of this 
subpart) 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) 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 of this 
subpart) 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 of this 
subpart); 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 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.

0
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 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street SW., Stop 7126, Washington, DC 20593-7126.

[[Page 62988]]

    Fiberglass Reinforced Plastic (FRP) means 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
for the purpose of performing the duties previously described.
    Positive Stability means 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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (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, (approved May 15, 2008), IBR approved for Sec. Sec.  
160.135-7 and 160.135-15 (``ASTM A 36'').
    (2) ASTM A 276-08a, Standard Specification for Stainless Steel Bars 
and Shapes, (approved October 1, 2008), IBR approved for Sec.  160.135-
7 (``ASTM A 276'').
    (3) ASTM A 313/A 313M -08, Standard Specification for Stainless 
Steel Spring Wire, (approved October 1, 2008), IBR approved for Sec.  
160.135-7 (``ASTM A 313'').
    (4) ASTM A 314-08, Standard Specification for Stainless Steel 
Billets and Bars for Forging, (approved October 1, 2008), IBR approved 
for Sec.  160.135-7 (``ASTM A 314'').
    (5) 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, (approved July 15, 2008), IBR approved for 
Sec. Sec.  160.135-7, 160.135-11, and 160.135-15 (``ASTM A 653'').
    (6) ASTM B 127-05 (Reapproved 2009), Standard Specification for 
Nickel-Copper Alloy (UNS N04400) Plate, Sheet, and Strip, (approved 
October 1, 2009), IBR approved for Sec.  160.135-7 (``ASTM B 127'').
    (7) ASTM B 209-07, Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, (approved August 1, 2007), IBR approved 
for Sec.  160.135-7 (``ASTM B 209'').
    (8) ASTM D 638-08, Standard Test Method for Tensile Properties of 
Plastics, (approved April 1, 2008), IBR approved for Sec.  160.135-11 
(``ASTM D 638'').
    (9) ASTM D 790-07e1, Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, (approved September 1, 2007), IBR approved for Sec.  
160.135-11 (``ASTM D 970'').
    (10) ASTM D 2584-08, Standard Test Method of Ignition Loss for 
Cured Reinforced Resins, (approved May 1, 2008), IBR approved for 
Sec. Sec.  160.135-11 and 160.135-15 (``ASTM D 2584'').
    (11) ASTM D 4029-09, Standard Specification for Finished Woven 
Glass Fabrics, (approved January 15, 2009), IBR approved for Sec.  
160.135-7 (``ASTM D 4029'').
    (12) ASTM F 1166-07, Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, (approved January 1, 
2007), 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, 2200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C, Colors Used in Government Procurement, 
(January 16, 2008), 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, (adopted October 19, 1989), 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, (adopted November 4, 1993), IBR approved 
for Sec. Sec.  160.135-7 and 160.135-19 (``IMO Res. A.760(18)'').
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.  
160.135-3, 160.135-7, and 160.135-13.
    (4) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of life-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.135-7 and 160.135-13.
    (5) MSC/Circular 980, Standardized life-saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), 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 527-1:1993(E), Plastics--Determination of tensile 
properties, part 1: General Principles, First Edition (June 15, 1993), 
IBR approved for Sec.  160.135-11 (``ISO 527'').
    (2) ISO 1172:1996(E), Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, Second Edition 
(December 15, 1996), IBR approved for Sec. Sec.  160.135-11 and 
160.135-15 (``ISO 1172'').

[[Page 62989]]

    (3) ISO 14125:1998(E), Fibre-reinforced plastic composites--
Determination of flexural properties, First Edition (March 1, 1998), 
IBR approved for Sec.  160.135-11 (``ISO 14125'').
    (f) Military Specifications and Standards, Standardization 
Documents Order Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA 
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) A-A-55308, Commercial Item Description, Cloth And Strip, 
Laminated Or Coated, Vinyl Nylon Or Polyester, High Strength, Flexible, 
(May 13, 1997), IBR approved for Sec. Sec.  160.135-7 and 160.135-15. 
(``A-A-55308'').
    (2) MIL-C-19663D, Military Specification, Cloth, Woven Roving, For 
Plastic Laminate, (August 4, 1988), IBR approved for Sec.  160.135-7 
(``MIL-C-19663D'').
    (3) MIL-P-17549D(SH), Military Specification, Plastic Laminates, 
Fibrous Glass Reinforced, Marine Structural, (August 31, 1981), IBR 
approved for Sec.  160.135-11 (``MIL-P-17549D(SH)'').
    (4) MIL-R-21607E(SH), Military Specification, Resins, Polyester, 
Low Pressure Laminating, Fire-Retardant, (May 25, 1990), IBR approved 
for Sec.  160.135-11,


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 of this subpart) applicable to the type of lifeboat;
    (2) IMO Revised recommendation on testing, Part \1/6\ (incorporated 
by reference, see Sec.  160.135-5 of this subpart) 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 of this subpart). 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 
of this subpart). Structural steel plates and shapes must be carbon 
steel as per ASTM A 36 (incorporated by reference, see Sec.  160.135-5 
of this subpart), 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 type 302 stainless steel per ASTM A 276, ASTM A 313 or 
ASTM A 314 (incorporated by reference, see Sec.  160.135-5 of this 
subpart) or another corrosion resistant stainless steel of 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 of this subpart) 
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 164.120.
    (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 
commercial style designation 1564 (incorporated by reference, see Sec.  
160.135-5 of this subpart). Woven roving must conform to MIL-C-19663D 
(incorporated by reference, see Sec.  160.135-5 of this subpart). 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.  160.135-5 of 
this subpart). Other grades will be given consideration on specific 
request to the Commandant.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the lifeboat is constructed or the national body's designated 
recognized organization. Only electrodes intended for use with the 
material being welded

[[Page 62990]]

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 of this subpart) 
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) Hull 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.
    (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

[[Page 62991]]

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 of this subpart), 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 of this subpart).
    (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 of this subpart), 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 of this subpart), 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;
    (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;

[[Page 62992]]

    (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 perform or witness, as appropriate, 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 outer hull and any 
FRP inner hull or liner components that are bonded or bolted to the 
outer hull 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 
of this subpart). If an accepted MIL-R-21607E(SH) (incorporated by 
reference, see Sec.  160.135-5 of this subpart) 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 of this subpart). 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 of this subpart). The tensile strength, lengthwise, 
must be determined as per ASTM D 638 or ISO 527 (incorporated by 
reference, see Sec.  160.135-5 of this subpart).

[[Page 62993]]

    (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 of this subpart) 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; and
    (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 of this subpart). 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 of this subpart).
    (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 62994]]

    (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 of this subpart) 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 of this subpart). 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 perform or witness, as appropriate, 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; and
    (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) 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)(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 62995]]

    (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, as appropriate, 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 of this subpart). 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 of 
this subpart). 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 of this 
subpart). 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 of this subpart) to 
describe

[[Page 62996]]

the location and operation of the lifeboat.
    (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) Follow the general format and content specified in MSC.1 Circ. 
1205 (incorporated by reference, see Sec.  160.135-5 of this subpart); 
and
    (2) Include 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)

0
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 
[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION OF INTERIM RULE], so 
long as the liferaft satisfies the annual servicing requirements set 
forth in 46 CFR 160.151-57.

0
30. Amend Sec.  160.151-3 as follows:
0
a. In the definition for ``Commandant'', remove the text ``(CG-521)'' 
and add, in its place, the text ``(CG-5214)''; and
0
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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
for the purpose of performing the duties previously described.

0
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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (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 (Reapproved 2007), Standard Specification for 
Flashlights on Vessels, (approved May 1, 2007), IBR approved for Sec.  
160.151-21 (``ASTM F 1014'').
    (2) [Reserved].
    (c) General Services Administration, Federal Acquisition Service, 
Office of the FAS Commissioner, 2200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C, Colors Used in Government Procurement, 
(January 16, 2008), 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, (adopted 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, (adopted October 19, 1989), IBR 
approved for Sec.  160.151-15 (``IMO Res. A.658(16)'').
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.  
160.151-7, 160.151-15, 160.151-17, 160.151-21, 160.151-29, and 160.151-
33.
    (4) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of life-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.151-21, 160.151-27, 160.151-29, 160.151-31, and 
160.151-57.
    (e) International Standards Organization (ISO): ISO Central 
Secretariat [ISO Copyright Office], Case Postale 56, CH 1211 Geneva 20, 
Switzerland.
    (1) ISO 15738:2002(E), Ships and marine technology--Gas inflation 
systems for inflatable life-saving appliances, First Edition (February 
1, 2002), IBR approved for Sec.  160.151-15 (``ISO 15738'').
    (2) ISO 17339:2002(E), Ships and marine technology--Sea anchors for 
survival craft and rescue boats, First Edition (November 15, 2002), IBR 
approved for Sec.  160.151-21 (``ISO 17339'').
    (3) ISO 18813:2006(E), Ships and marine technology--Survival 
equipment

[[Page 62997]]

for survival craft and rescue boats, First Edition (April 1, 2006), 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-17415F, Military Specification, Cloth, Coated, and 
Webbing, Inflatable Boat and Miscellaneous Use, (May 31, 1989), IBR 
approved for Sec.  160.151-15 (``MIL-C-17415F'').
    (2) [Reserved].
0
32. Amend Sec.  160.151-7 as follows:
0
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 of this subpart)''; and after the words ``provisions 
of'', remove the word ``SOLAS'' and add, in its place, the words ``the 
IMO LSA Code:'';
0
b. Revise paragraphs (a) and (b) to read as set forth below; and
0
c. Remove paragraphs (c), (d), and (e).


Sec.  160.151-7  Construction of inflatable liferafts.

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


Sec.  160.151-11  [Amended]

0
33. In Sec.  160.151-11(b) introductory text, after the words ``must 
submit an application'', add the words ``to the Commandant''.

0
34. Amend Sec.  160.151-15 as follows:
0
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 of this subpart)'';
0
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-17415F'', add the words 
``(incorporated by reference, see Sec.  160.151-5 of this subpart)''; 
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.'';
0
c. Remove paragraphs (a)(1), (a)(2), (a)(3), and (a)(4);
0
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'';
0
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'';
0
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'';
0
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 of this 
subpart))'';
0
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 of this subpart)'';
0
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'';
0
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'';
0
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'';
0
l. Remove and reserve paragraph (j);
0
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'';
0
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'';
0
o. Redesignate paragraphs (m), (n), and (o) as paragraphs (n), (o), and 
(p), respectively.
0
p. Add paragraph (m) to read as set forth below;
0
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'';
0
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
0
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 of this subpart).
* * * * *


Sec.  160.151-17   [Amended]

0
35. Amend 160.151-17 as follows:
0
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 of this subpart)'';
0
b. In the heading of 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'';
0
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 of this subpart))'';
0
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
0
e. Remove paragraph (c).

0
36. Amend Sec.  160.151-21 as follows:
0
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 of this subpart)'';
0
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'';
0
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'';
0
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 of this subpart))''; and after the words 
``Each

[[Page 62998]]

bailer'', remove the words ``described by Regulation III/38.5.1.3'';
0
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'';
0
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 of this subpart)''; remove the two 
instances of the words ``described by Regulation III/38.5.1.5''; and 
add a sentence to the end of the paragraph to read as set forth below;
0
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 of this subpart).'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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 text 
``of this subpart)'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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'';
0
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;
0
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'';
0
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'';
0
w. In paragraph (v) introductory text, 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'';
0
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 of this subpart)'';
0
y. In paragraph (w) introductory text, 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'';
0
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)'';
0
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'';
0
bb. In paragraph (y) introductory text, 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'';
0
cc. Revise paragraph (y)(2) to read as set out below;
0
dd. In paragraph (y)(3), remove the text ``; and'' and add, in its 
place, the text ``.'';
0
ee. Remove paragraph (y)(4); and
0
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.

* * * * *
0
(e) * * * 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.
* * * * *
0
(y) * * *
0
(2) Five or more tube patches at least 50 mm (2 in) in diameter (the 
Commandant will consider self-

[[Page 62999]]

adhesive patches per ISO 18813 as an alternative); and
* * * * *


Sec.  160.151-27  [Amended]

0
37. Amend Sec.  160.151-27 as follows:
0
a. Remove each instance of the words ``IMO Resolution A.689(17)'' and 
add, in their place, the words ``IMO Revised recommendation on 
testing'';
0
b. In paragraph (a), remove the word ``inclusive''; and
0
c. In paragraph (c)(5), remove the word ``liters'' and add, in its 
place, the text ``L''.


Sec.  160.151-29  [Amended]

0
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 
of this subpart)''; 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 of this 
subpart)''.

0
39. Amend Sec.  160.151-31 as follows:
0
a. Remove each instance of the words ``IMO Resolution A.689(17)'' and 
add, in their place, the words ``IMO Revised recommendation on 
testing'';
0
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'';
0
c. In paragraph (c), remove the symbol ``Sec.  '' and add, in its 
place, the text ``46 CFR''; and remove the words ``of this chapter'';
0
d. In paragraph (d), after the words ``through 5.1.6 inclusive,'', add 
the words ``(incorporated by reference, see Sec.  160.151-5 of this 
subpart)''; and
0
e. Add paragraph (h) to read as follows:


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

* * * * *
0
(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]

0
40. Amend 160.151-33 as follows:
0
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 of this subpart)''; and
0
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]

0
41. Amend 160.151-57 as follows:
0
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 of this subpart)'';
0
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'';
0
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'';
0
d. In paragraph (e), remove the words ``49 CFR 173.34'' and add, in 
their place, the text ``49 CFR 180.205'';
0
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
0
f. In paragraph (g), after the text ``(b) through'', add the text 
``(f)''.


Sec.  160.151-59  [Amended]

0
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]

0
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)''.

0
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 and fast rescue 
boats for approval.
160.156-13 Approval inspections and tests for prototype rescue boats 
and fast rescue boats.
160.156-15 Production inspections, tests, quality control, and 
conformance of rescue boats and fast 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 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street, 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
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

[[Page 63000]]

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 Commandant (CG-5214), U.S. Coast Guard, 2100 Second 
Street, SW., Stop 7126, Washington, DC 20593-7126. You may also inspect 
this material 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. You may obtain 
copies of the material from the sources specified in the following 
paragraphs.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM A 36/A 36M-08, Standard Specification for Carbon 
Structural Steel, (approved May 15, 2008), IBR approved for Sec. Sec.  
160.156-7 and 160.156-15 (``ASTM A 36'').
    (2) ASTM A 276-08a, Standard Specification for Stainless Steel Bars 
and Shapes, (approved October 1, 2008), IBR approved for Sec.  160.156-
7 (``ASTM A 276'').
    (3) ASTM A 313/A 313M-08, (approved October 1, 2008), Standard 
Specification for Stainless Steel Spring Wire, IBR approved for Sec.  
160.156-7 (``ASTM A 313'').
    (4) ASTM A 314-08, Standard Specification for Stainless Steel 
Billets and Bars for Forging, (approved October 1, 2008), IBR approved 
for Sec.  160.156-7 (``ASTM A 314'').
    (5) 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, (approved July 15, 2008), IBR approved for 
Sec. Sec.  160.156-7, 160.156-11 and 160.156-15 (``ASTM A 653'').
    (6) ASTM B 209-07, Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, (approved August 1, 2007), IBR approved 
for Sec.  160.156-7 (``ASTM B 209'').
    (7) ASTM D 638-08, Standard Test Method for Tensile Properties of 
Plastics, (approved April 1, 2008), IBR approved for Sec.  160.156-11 
(``ASTM D 638'').
    (8) ASTM D 790-07e1, Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, (approved September 1, 2007), IBR approved for Sec.  
160.156-11 (``ASTM D 790'').
    (9) ASTM D 2584-08, Standard Test Method of Ignition Loss for Cured 
Reinforced Resins, (approved May 1, 2008), IBR approved for Sec. Sec.  
160.156-11 and 160.156-15 (``ASTM D 2584'').
    (10) ASTM D 4029-09, Standard Specification for Finished Woven 
Glass Fabrics, (approved January 15, 2009), IBR approved for Sec.  
160.156-7 (``ASTM D 4029'').
    (11) ASTM F 1166-07, Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, (approved January 1, 
2007), 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, 2200 Crystal Drive, 11th Floor, 
Arlington, VA 22202, 703-605-5400.
    (1) Federal Standard 595C, Colors Used in Government Procurement, 
(January 16, 2008), 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, (adopted October 19, 1989), 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, (adopted November 4, 1993), IBR approved 
for Sec. Sec.  160.156-7 and 160.156-19 (``IMO Res. A.760(18)'').
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.  
160.156-3, 160.156-7 and 160.156-13.
    (4) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.156-7 and 160.156-13.
    (5) MSC/Circular 980, Standardized Life-saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), 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 527-1:1993(E), Plastics--Determination of tensile 
properties, Part 1: General Principles, First Edition (June 15, 1993), 
IBR approved for Sec.  160.156-11 (``ISO 527'').
    (2) ISO 1172:1996(E), Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, Second Edition 
(December 15, 1996), IBR approved for Sec. Sec.  160.156-11 and 
160.156-15 (``ISO 1172'').
    (3) ISO 14125:1998(E), Fibre-reinforced plastic composites--
Determination of flexural properties, First Edition (March 1, 1998), 
IBR approved for Sec.  160.156-11 (``ISO 14125'').
    (4) ISO 15372:2000(E), Ships and marine technology--Inflatable 
rescue boats--Coated fabrics for inflatable chambers, First Edition 
(December 1, 2002), 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, Military Specification, Cloth, Woven Roving, For 
Plastic Laminate, (August 4, 1988), IBR approved for Sec.  160.156-7 
(``MIL-C-19663D'').
    (2) MIL-P-17549D(SH), Military Specification, Plastic Laminates, 
Fibrous Glass Reinforced, Marine Structural, (August 31, 1981), IBR 
approved for Sec. Sec.  160.156-7 and 160.156-11 (``MIL-P-
17549D(SH)'').
    (3) MIL-R-21607E(SH), Military Specification, Resins, Polyester, 
Low Pressure Laminating, Fire-Retardant, (May 25, 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 (Revised JAN93), Marine Fuel Hoses, (February 5, 
1993), IBR approved for Sec.  160.156-7 (``SAE J1527'').
    (2) [Reserved].
    (h) Underwriters Laboratories (UL), 2600 NW., Lake Rd, Camas, WA 
98607-8542.
    (1) UL 1102, UL Standard for Safety for Nonintegral Marine Fuel 
Tanks, Fifth Edition (February 4, 1999), IBR approved for Sec.  
160.156-7 (``UL 1102'').
    (2) UL 1185, Standard for Safety for Portable Marine Fuel Tanks, 
Fourth Edition (September 26, 1996), IBR approved for Sec.  160.156-7 
(``UL 1185'').

[[Page 63001]]

Sec.  160.156-7  Design, construction and performance of rescue boats 
and fast 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 of this subpart);
    (2) IMO Revised recommendation on testing, part 1/7 (incorporated 
by reference, see Sec.  160.156-5 of this subpart) 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 of this subpart). 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;
    (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 
of this subpart). Structural steel plates and shapes must be carbon 
steel as per ASTM A 36 (incorporated by reference, see Sec.  160.156-5 
of this subpart), 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 type 302 stainless steel per ASTM A 276, ASTM A 313, or 
ASTM A 314 (incorporated by reference, see Sec.  160.156-5 of this 
subpart) or another corrosion resistant stainless steel of 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 of this subpart) 
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 164.120.
    (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 of this subpart). Woven roving must conform to MIL-C-19663D 
(incorporated by reference, see Sec.  160.156-5 of this subpart). 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 of 
this subpart). Other grades will be given consideration on specific 
request to the Commandant.
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the rescue boat is constructed or the national body's designated 
recognized organization. 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

[[Page 63002]]

Inflation Chamber Characteristics Test (incorporated by reference, see 
Sec.  160.156-5 of this subpart) by meeting the requirements of ISO 
15372 (incorporated by reference, see Sec.  160.156-5 of this subpart). 
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 of this subpart), 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 of this subpart) 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 (b)(8)(ii)(A), (B), or (C) of this section, as follows:
    (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 of this subpart) or 
equivalent, except that hoses must be Coast Guard Type A per SAE J1527 
(incorporated by reference, see Sec.  160.156-5 of this subpart), 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 of this subpart) 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 subparts 160.133 or 160.170 of this part. 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

[[Page 63003]]

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 of this subpart), 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. 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 of this subpart).
    (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;

[[Page 63004]]

    (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 and fast 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.
    (b) Unless the Commandant directs otherwise, an independent 
laboratory must perform or witness, as appropriate, 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 outer hull and any 
FRP inner hull or liner components that are bonded or bolted to the 
outer hull 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 
of this subpart). 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 of this subpart). 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 of this subpart). The tensile strength, lengthwise, 
must be determined as per ASTM D 638 or ISO 527 (incorporated by 
reference, see Sec.  160.156-5 of this subpart).
    (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 of this subpart) 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

[[Page 63005]]

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; and
    (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 and fast 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 
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 of this 
subpart). 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 of this subpart) 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 of this 
subpart).
    (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

[[Page 63006]]

recommended by IMO MSC Circ. 980 (incorporated by reference, see Sec.  
160.156-5 of this subpart). 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 and fast rescue boats.

    (a) Unless the Commandant directs otherwise, an independent 
laboratory must perform or witness, as appropriate, 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;
    (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 test 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, as appropriate, 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.

[[Page 63007]]

    (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 of this subpart). 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 of 
this subpart). 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 of this subpart). 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 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 of this subpart) 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 of this subpart); 
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.

0
45. Add subpart 160.170 to read as follows:

[[Page 63008]]

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 automatic release 
mechanisms.
160.170-9 Preapproval review.
160.170-11 [Reserved]
160.170-13 Approval inspections and tests for prototype automatic 
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 subparts 160.051 or 160.151 of this part, and 
single-fall rescue boats approved under subpart 160.156 of this part.


Sec.  160.170-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by 
reference, see Sec.  160.170-5 of this subpart), in this subpart, the 
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100 
Second Street, 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 fulfills the 
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the 
OCMI who has immediate jurisdiction over a vessel or geographic area 
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.  160.170-5  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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM A 36/A 36M-08, Standard Specification for Carbon 
Structural Steel, (approved May 15, 2008), IBR approved for Sec.  
160.170-7 (``ASTM A 36'').
    (2) ASTM A 276-08a, Standard Specification for Stainless Steel Bars 
and Shapes, (approved October 1, 2008), IBR approved for Sec.  160.170-
7 (``ASTM A 276'').
    (3) ASTM A 313/A 313M-08, Standard Specification for Stainless 
Steel Spring Wire, (approved October 1, 2008), IBR approved for Sec.  
160.170-7 (``ASTM A 313'').
    (4) ASTM A 314-08, Standard Specification for Stainless Steel 
Billets and Bars for Forging, (approved October 1, 2008), IBR approved 
for Sec.  160.170-7 (``ASTM A 314'').
    (5) 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, (approved July 15, 2008), IBR approved for 
Sec. Sec.  160.170-7, 160.170-13, and 160.170-15 (``ASTM A 653'').
    (6) ASTM F 1166-07, Standard Practice for Human Engineering Design 
for Marine Systems, Equipment, and Facilities, (approved January 1, 
2007), 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, (adopted November 4, 1993), IBR approved 
for Sec.  160.170-19 (``IMO Res. A.760(18)'').
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.  
160.170-3 and 160.170-7.
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition, 
(2010), Revised recommendation on testing of live-saving appliances, 
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved 
for Sec. Sec.  160.170-7, 160.170-13, 160.170-15, and 160.170-17.
    (4) MSC/Circular 980, Standardized Life-saving Appliance Evaluation 
and Test Report Forms, (February 13, 2001), 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, (May 26, 2006), IBR approved 
for Sec.  160.170-21 (``IMO MSC.1 Circ. 1205'').


Sec.  160.170-7  Design, construction, and performance of automatic 
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 of this subpart);
    (2) IMO Revised recommendation on testing Part 1/8.2 (incorporated 
by reference, see Sec.  160.170-5 of this subpart).
    (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 of this subpart). Design limits should 
be based on a range from the fifth percentile

[[Page 63009]]

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 of this subpart), 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 of this subpart). 
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 type 302 stainless steel per ASTM A 276, ASTM A 313 or ASTM A 314 
(incorporated by reference, see Sec.  160.170-5 of this subpart) or 
another corrosion resistant stainless steel of equal or superior 
corrosion resistant characteristics;
    (4) Welding. Welding must be performed by welders certified by the 
Commandant, a classification society recognized by the Commandant in 
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where 
the release mechanism is constructed or the national body's designated 
recognized organization. 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; and
    (14) 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.
    (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;

[[Page 63010]]

    (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 
automatic 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 of this subpart). 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) Materials. Steel meeting ASTM A 653 (incorporated by 
reference, see Sec.  160.170-5 of this subpart) 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 of this subpart). 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

[[Page 63011]]

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 perform or witness, as appropriate, 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, 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;
    (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, as appropriate, 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.  160.170-5 of this 
subpart) 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 of this subpart). 
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

[[Page 63012]]

(incorporated by reference, see Sec.  160.170-5 of this subpart); 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 of this subpart) 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 of this 
subpart); 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.

0
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.


Sec.  160.900-3  [Reserved]

PART 164--MATERIALS

0
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.

0
48. Add subpart 164.120 to read as follows:

Subpart 164.120--Fire Retardant Resins for Lifeboats and Rescue 
Boats

Sec.
164.120-1 Scope.
164.120-3 Definitions.
164.120-5 Incorporation by reference.
164.120-7 Acceptance criteria.
164.120-9 Procedure for acceptance.
164.120-11 Production quality control requirements.
164.120-13 Marking, labeling, and instructions for use.
164.120-15 Procedure for acceptance of material change.

Subpart 164.120--Fire Retardant Resins for Lifeboats and Rescue 
Boats


Sec.  164.120-1  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.  164.120-3  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 
Second Street, SW., Stop 7126, Washington, DC 20593-7126.


Sec.  164.120-5  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 
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop 
7126, Washington, DC 20593-7126. You may also inspect this material 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. You may obtain copies of the 
material from the sources specified in the following paragraphs.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959.
    (1) ASTM D 543-06, Standard Practices for Evaluating the Resistance 
of Plastics to Chemical Reagents, (approved April 1, 2006), IBR 
approved for Sec.  164.120-7 (``ASTM D 543'').
    (2) ASTM D 570-98 (Reapproved 2005), Standard Test Method for Water 
Absorption of Plastics, (approved November 1, 2005), IBR approved for 
Sec.  164.120-7 (``ASTM D 570'').
    (3) ASTM D 638-08, Standard Test Method for Tensile Properties of 
Plastics, (approved April 1, 2008), IBR approved for Sec.  164.120-7 
(``ASTM D 638'').
    (4) ASTM D 695-08, Standard Test Method for Compressive Properties 
of Rigid Plastics, (approved August 1, 2008), IBR approved for Sec.  
164.120-7 (``ASTM D 695'').
    (5) ASTM D 790-07e1, Standard Test Methods for Flexural Properties 
of Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials,

[[Page 63013]]

(approved September 1, 2007), IBR approved for Sec.  164.120-7 (``ASTM 
D 790'').
    (6) ASTM D 792-08, Standard Test Methods for Density and Specific 
Gravity (Relative Density) of Plastics by Displacement, (approved June 
15, 2008), IBR approved for Sec.  164.120-7 (``ASTM D 792'').
    (7) ASTM D 1045-08, Standard Test Methods of Sampling and Testing 
Plasticizers used in Plastics, (approved August 1, 2008), IBR approved 
for Sec.  164.120-7 (``ASTM D 1045'').
    (8) ASTM D 1824-95 (Reapproved 2002), Standard Test Method for 
Apparent Viscosity of Plastisols and Organosols at Low Shear Rates, 
(approved March 15, 1995), IBR approved for Sec.  164.120-7 (``ASTM D 
1824'').
    (9) ASTM D 2471-99, Standard Test Method for Gel Time and Peak 
Exothermic Temperature of Reacting Thermosetting Resins, (approved 
November 10, 1999), IBR approved for Sec.  164.120-7 (``ASTM D 2471'').
    (10) ASTM D 2583-07, Standard Test Method for Indentation Hardness 
of Rigid Plastics by Means of a Barcol Impressor, (approved March 1, 
2007), IBR approved for Sec.  164.120-7 (``ASTM D 2583'').
    (11) ASTM D 2584-08, Standard Test Method of Ignition Loss for 
Cured Reinforced Resins, (approved May 1, 2008), IBR approved for Sec.  
164.120-7 (``ASTM D 2584'').
    (12) ASTM G 154-06, Standard Practice for Operating Fluorescent 
Light Apparatus for UV Exposure of Nonmetallic Materials, (approved 
June 5, 2006), IBR approved for Sec.  164.120-7 (``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, (approved June 18, 2001), IBR approved for Sec.  164.120-7 
(``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(E), Plastics--Determination of water absorption, 
Third Edition (February 15, 2008), IBR approved for Sec.  164.120-7 
(``ISO 62'').
    (2) ISO 175:1999(E), Plastics--Methods of test for the 
determination of the effects of immersion in liquid chemicals, Second 
Edition (May 1, 1999), IBR approved for Sec.  164.120-7 (``ISO 175'').
    (3) ISO 14125:1998(E), Fibre-reinforced plastic composites--
Determination of flexural properties, First Edition (March 1, 1998), 
IBR approved for Sec.  164.120-7 (``ISO 14125'').
    (4) ISO 527-1:1993(E), Plastics--Determination of tensile 
properties, Part 1: General Principles, First Edition (June 15, 1993), 
IBR approved for Sec.  164.120-7 (``ISO 527'').
    (5) ISO 604:2002(E), Plastics--Determination of compressive 
properties, Third Edition (March 1, 2002), IBR approved for Sec.  
164.120-7 (``ISO 604'').
    (6) ISO 1172:1996(E), Textile-glass-reinforced plastics--Prepregs, 
moulding compounds and laminates--Determination of the textile-glass 
and mineral-filler content--Calcination methods, Second Edition 
(December 15, 1996), IBR approved for Sec.  164.120-7 (``ISO 1172'').
    (7) ISO 1183-1:2004(E), Plastics--Methods for determining the 
density of non-cellular plastics--Part 1: Immersion method, liquid 
pyknometer method and titration method, First Edition (February 1, 
2004), IBR approved for Sec.  164.120-7 (``ISO 1183'').
    (8) ISO 1675-1985(E), Plastics--Liquid resins--Determination of 
density by the pyknometer method, Second Edition (August 15, 1985), IBR 
approved for Sec.  164.120-7 (``ISO 1675'').
    (9) ISO 2039-2:1987(E), Plastics--Determination of hardness--Part 
2: Rockwell hardness, Second Edition (July 15, 1987), IBR approved for 
Sec.  164.120-7 (``ISO 2039-2'').
    (10) ISO 2114:2000(E), Plastics (polyester resins) and paints and 
varnishes (binders)--Determination of partial acid value and total acid 
value, Third Edition (August 1, 2000), IBR approved for Sec.  164.120-7 
(``ISO 2114'').
    (11) ISO 2535:2001(E), Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature, Third Edition (July 15, 
2001), IBR approved for Sec.  164.120-7 (``ISO 2535'').
    (12) ISO 2555:1989(E), Plastics--Resins in the liquid state or as 
emulsions or dispersions--Determination of apparent viscosity by the 
Brookfield test method, Second Edition (February 1, 1989, Corrected and 
reprinted February 1, 1990), IBR approved for Sec.  164.120-7 (``ISO 
2555'').
    (e) Military Specifications and Standards, Standardization 
Documents Order Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA 
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-R-7575C, Military Specification, Resin, Polyester, Low-
Pressure Laminating, (June 29, 1966), IBR approved for Sec.  164.120-7 
(``MIL-R-7575C'').
    (2) MIL-R-21607E(SH), Military Specification, Resins, Polyester, 
Low Pressure Laminating, Fire-Retardant, (May 25, 1990), IBR approved 
for Sec.  164.120-7 (``MIL-R-21607E(SH)'').
    (3) MIL-R-24719(SH), Military Specification, Resins, Vinyl Ester, 
Low Pressure Laminating, (May 4, 1989), IBR approved for Sec.  164.120-
7 (``MIL-R-24719(SH)'').


Sec.  164.120-7  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.  164.120-5 of this subpart) and meet the specifications conforming 
to Grade A (standard flame resistance) of MIL-R-21607E(SH) 
(incorporated by reference, see Sec.  164.120-5 of this subpart).
    (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.  164.120-5 of this subpart) and must be tested and 
meet the requirements of weathering and post-weathering mechanical 
testing as shown in Table 164.120-7 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 
164.120-7 of this section.
    (b) [Reserved].

[[Page 63014]]



Table 164.120-7--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 2039-2 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 2039-2 or ASTM D     55.
                                        2583.
    (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.
----------------------------------------------------------------------------------------------------------------
(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 1 or 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.   164.120-5 of this subpart.
\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.  164.120-9  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.  164.120-7 of 
this subpart, and prepare a report in accordance with 46 CFR 159.005-11

[[Page 63015]]

and submit the report to the Commandant for acceptance.


Sec.  164.120-11  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.  164.120-13  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.  164.120-15  Procedure for acceptance of material change.

    (a) Each change in material from the resin accepted under Sec.  
164.120-9 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.  
164.120-9 of this subpart, but documentation on items that are 
unchanged from the resin accepted under Sec.  164.120-9 of this subpart 
need not be resubmitted.
    (b) Determinations of equivalence of materials will be made by the 
Commandant only.

0
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

0
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.


0
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 [INSERT DATE 30 
DAYS AFTER DATE OF PUBLICATION OF INTERIM RULE] under approval series 
160.163.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
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.



0
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 [INSERT DATE 30 
DAYS AFTER DATE OF PUBLICATION OF INTERIM RULE] under approval series 
160.163.
* * * * *

    Dated: September 22, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-25035 Filed 10-7-11; 8:45 am]
BILLING CODE 9110-04-P