[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Proposed Rules]
[Pages 53458-53519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20917]
[[Page 53457]]
-----------------------------------------------------------------------
Part III
Department of Homeland Security
-----------------------------------------------------------------------
Coast Guard
-----------------------------------------------------------------------
46 CFR Parts 108, 117, 133, et al.
Lifesaving Equipment: Production Testing and Harmonization With
International Standards; Proposed Rule
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 /
Proposed Rules
[[Page 53458]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 108, 117, 133, 160, 164, 180, and 199
[USCG-2010-0048]
RIN 1625-AB15
Lifesaving Equipment: Production Testing and Harmonization With
International Standards
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its regulations for certain
lifesaving equipment, including launching appliances (winches and
davits), release mechanisms, survival craft (lifeboats, inflatable
liferafts, and inflatable buoyant apparatuses), rescue boats, and
automatic disengaging devices. The proposed rules would harmonize the
Coast Guard's design, construction, and performance standards for this
lifesaving equipment with international standards. In addition, the
proposed rules would provide for the use of qualified independent
laboratories, instead of Coast Guard inspectors, during the approval
process and for production inspections of certain types of lifesaving
equipment.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before November 29,
2010 or reach the Docket Management Facility by that date. Comments
sent to the Office of Management and Budget (OMB) on collection of
information must reach OMB on or before November 29, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0048 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.C of this NPRM, you
must also send comments to the Office of Information and Regulatory
Affairs (OIRA), Office of Management and Budget. To ensure that your
comments to OIRA are received on time, the preferred methods are by e-
mail to [email protected] (include the docket number and
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of
the e-mail) or fax at 202-395-6566. An alternate, though slower, method
is by U.S. mail to the Office of Information and Regulatory Affairs,
Office of Management and Budget, 725 17th Street NW., Washington, DC
20503, Attn: Desk Officer, U.S. Coast Guard.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at U.S. Coast Guard
Headquarters, 2100 2ND ST SW., STOP 7126, Washington, DC 20593-7126
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-372-1385. Copies of the material
are available as indicated in the ``Incorporation by Reference''
section of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. George Grills, P.E., Commercial Regulation and Standards
Directorate, Office of Design and Engineering Standards, Lifesaving and
Fire Safety Division (CG-5214), Coast Guard, telephone 202-372-1385, or
e-mail address [email protected]. If you have questions on
viewing or submitting material to the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
A. International Standards
B. Independent Laboratories
C. Other Revisions
IV. Discussion of Proposed Rule
A. Harmonization with International Standards
B. Independent Laboratories
C. Affected Subparts: Revised and Proposed
D. Structure of Part 160 Proposed Subparts
V. Incorporation by Reference
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. International Trade Impacts
M. Technical Standards
N. Environment
I. Public Participation and Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted, without change, to http://www.regulations.gov and will
include any personal information you have provided.
A. Submitting Comments
If you submit a comment, please include your name and address,
identify the docket number for this rulemaking (USCG-2010-0048),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online, or by fax, mail or
hand delivery but please use only one of these means. The Coast Guard
recommends that you include your name and a mailing address, an e-mail
address, or a phone number in the body of your document so that the
Coast Guard can contact you if the Coast Guard has questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov and
click on the ``submit a comment'' box, which will then become
highlighted in blue. Insert ``USCG-2010-0048'' in the Keyword box,
click ``Search'', and then click on the balloon shape in the Actions
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
The Coast Guard will consider all comments and material received
during the comment period. The Coast Guard may change this proposed
rule in view of your comments.
[[Page 53459]]
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2010-0048)
in the Keyword box, and click ``Search''. If you do not have access to
the Internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Coast Guard has an agreement with the Department
of Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
The Coast Guard does not currently plan to hold a public meeting.
But you may submit a request for one to the Docket Management Facility
at the address under ADDRESSES explaining why one would be beneficial.
If the Coast Guard determines that one would aid this rulemaking, the
Coast Guard will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
ASTM American Society for Testing and Materials
CFR Code of Federal Regulations
COLREG International Regulations for Preventing Collisions at Sea
DHS Department of Homeland Security
EPA Environmental Protection Agency
FRP Fiber Reinforced Plastic
GSA General Services Administration
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-saving Appliance
MSC Maritime Safety Committee of the International Maritime
Organization
NAICS North American Industry Classification System
NEPA National Environmental Policy Act 1969 (42 U.S.C. 4321-4370f)
NTTAA National Technology Transfer and Advancement Act (15 U.S.C.
272 note)
OCMI Officer in Charge, Marine Inspection
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
SOLAS International Convention for Safety of Life at Sea, 1974, as
amended
Sec. Section symbol
UL Underwriters Laboratories
USCG United States Coast Guard
III. Background
The Coast Guard is charged with ensuring that lifesaving equipment
used on vessels subject to inspection by the United States meets
specific design, construction, and performance standards, including
those found in the International Convention for the Safety of Life at
Sea, 1974, as amended, (SOLAS), Chapter III ``Life-saving appliances
and arrangements.'' See 46 U.S.C. 3306. The Coast Guard carries out
this charge through the approval of lifesaving equipment per 46 CFR
part 2, subpart 2.75. The approval process includes: pre-approving
lifesaving equipment designs, overseeing prototype construction,
witnessing prototype testing, and monitoring production of the
equipment for use on U.S. vessels. See 46 CFR part 159. At each phase
of the approval process, the Coast Guard sets specific standards to
which lifesaving equipment must be built and tested. Third parties,
referred to as independent laboratories, sometimes assist the Coast
Guard in its approval process by performing or witnessing tests and
inspections, as well as witnessing production, as authorized by the
Coast Guard. See, e.g., 46 CFR 160.151-13(a) (manufacturers must
arrange for an independent laboratory to inspect a liferaft during
fabrication). This rulemaking would revise those specific standards for
launching appliances, release mechanisms, survival craft, rescue boats,
and automatic disengaging devices, and expand the use of independent
laboratories in the Coast Guard's approval process.
A. International Standards
International safety standards are established by the Parties,
including the United States, to SOLAS acting at the International
Maritime Organization (IMO). The international standards for lifesaving
equipment (IMO standards) addressed by this rulemaking implement the
requirements of Chapter III of SOLAS. The IMO standards specify design,
construction, performance, and testing requirements for required
lifesaving equipment, including launching appliances, release
mechanisms, survival craft, rescue boats, and automatic disengaging
devices. The primary IMO standards implementing Chapter III of SOLAS
are--
International Life-saving Appliance Code (``LSA Code'')
(IMO Resolution MSC.48(66), as amended by IMO Resolutions MSC.207(81),
MSC.218(82) and MSC.272(85)); see SOLAS Chapter III, Regulation 4; and
Revised recommendation on testing of life-saving
appliances (``Recommendation on Testing'') (IMO Resolution MSC.81(70)),
as amended by Resolution MSC.226(82) and Resolution MSC.274(85); see
SOLAS Chapter III, Regulation 4.
The United States actively participated in the negotiations that
led to the development of these IMO standards. The Coast Guard
considers these IMO standards to represent the best standards for
lifesaving appliances and appropriate for lifesaving appliances for all
vessels subject to inspection by the United States. Since the effective
date of the IMO standards, in order to facilitate international
commerce with other contracting governments to SOLAS that follow IMO
standards and to achieve the benefits of the increased safety of
adhering to these IMO standards, the Coast Guard has decided, pursuant
to 46 U.S.C. 3306 and 46 CFR 159.005-7(c), to deem compliance by U.S.
flag ships with the IMO standards as compliance with Coast Guard
domestic regulations.
In this rulemaking, the Coast Guard proposes to harmonize its
regulations for lifesaving equipment with international standards by
incorporating the IMO standards into regulations in 46 CFR part 160.
B. Independent Laboratories
The Coast Guard has a long history of recognizing the
qualifications of independent laboratories, working under the Coast
Guard's oversight, to do work traditionally conducted by Coast Guard
inspectors. In 1979, the Coast Guard promulgated 46 CFR part 159
establishing procedures and standards for accepting independent
laboratories for witnessing or performing certain tests and conducting
inspections for certain equipment and materials requiring Coast Guard
approval. See 44 FR 73038 (December 17, 1979). The Coast Guard
promulgated 46 CFR part 159 under the authority in 46 U.S.C. 481 (1976)
(Regulations for vessels subject to Coast Guard).\1\ In 1983, Congress
revised
[[Page 53460]]
and recodified the maritime laws of the United States moving the
relevant authority for 46 CFR part 159 to new 46 U.S.C. 3306.\2\ See
Public Law 98-89 Partial Revision of Title 45, U.S.C. ``Shipping'';
House Report No. 98-338 (August 1, 1983), 1983 U.S.C.C.A.N. 924, 954-
53.
---------------------------------------------------------------------------
\1\ In 1979, the authority for 46 CFR part 159 also included 46
U.S.C. 391, which covered ``vessels carrying certain cargoes in
bulk.'' The broader authority under 46 U.S.C. 481 covered vessels
subject to inspection and certification by the United States Coast
Guard and directed ``the Secretary of the Department in which the
Coast Guard is operating * * * shall prescribe such rules and
regulations as may be necessary for vessels subject to inspection
and certification by the United States Coast Guard with respect to
the following matters: (1) Lifesaving equipment, including but not
limited to, the number, type, size, capacity, details of
construction, methods of operation, stowage, maintenance, manning,
use, testing, and inspection of such equipment, and drills and
exercises necessary to assure proper functioning and use of such
equipment * * *'' The Coast Guard determined that the use of
independent laboratories for witnessing or performing certain tests
and conductions was ``necessary'' to carry out its responsibilities
under this statutory section. In the notice of proposed rulemaking
proposing 46 CFR part 159, the Coast Guard explained that ``the
Coast Guard's marine inspection responsibilities increased while the
number of personnel available to perform these inspections has not
increased at a comparable rate.'' 43 FR 49440 (October 23, 1978).
The Coast Guard promulgated part 159 to ``free some of the Coast
Guard's limited field personnel for other duties with no change in
the quality of the approved equipment or material.'' Id.; see also
44 FR 73038 (December 17, 1979) (Final Rule document promulgating
part 159).
\2\ Section 3306 directs ``the Secretary shall prescribed
necessary regulations to ensure proper execution of, and to carry
out, this part [addressing inspection and regulation of vessels] in
the most effective manner for (1) the design, construction,
alteration, repair, and operation of those vessels [subject to
inspection] * * *; (2) lifesaving equipment and its use; (3)
firefighting equipment, its use, and precautionary measures to guard
against fire; (4) inspections and tests related to paragraphs (1),
(2), and (3) of this subsection; and (5) the use of vessel stores
and other supplies of a dangerous nature * * *''
---------------------------------------------------------------------------
The authority for current 46 CFR part 159 is 46 U.S.C. 3306, which
``contains broad authority to prescribed regulations for proper
inspection and certification of vessels,'' House Report No. 98-338
(August 1, 1983), 1983 U.S.C.C.A.N. 924, 954-53, including the specific
requirement to prescribed regulations to carry out the statutory
requirements ``in the most effective manner,'' 46 U.S.C. 3306(a). The
Coast Guard still finds the use of independent laboratories in the
Coast Guard's approval process to be ``the most effective manner'' of
executing and carrying out its obligations under section 3306.
Independent laboratories, accepted by the Coast Guard under 46 CFR
part 159, assist the Coast Guard in its approval process by performing
certain tests and conducting certain inspections required for Coast
Guard approval of equipment and materials. When performing and
conducting tests, independent laboratories must follow Coast Guard
standards and procedures, and may deviate from those standards and
procedures only to require more stringent standards and procedures with
Coast Guard approval. 46 CFR 159.007-3. Additionally, all accepted
independent laboratories must be impartial and disinterested in the
outcome of inspections and tests. See 46 CFR 159.010-3(a)(3)-(5)
(requiring an independent laboratory not be owned or controlled by a
manufacturer, vendor, or supplier of materials for the equipment or
material to be inspected; not be dependent on acceptance as an
independent laboratory to remain in business, and not advertise or
promote equipment or materials that the independent laboratory inspects
or tests.).
The Coast Guard reviews independent laboratory test and inspection
reports when determining the approvability of equipment and materials.
The Coast Guard currently allows accepted independent laboratories to
witness tests of almost all types of shipboard equipment, including
certain lifesaving equipment. See, e.g., 46 CFR 160.010-9(a) (approval
and production tests in subpart 160.010, addressing buoyant
apparatuses, must be conducted by an independent laboratory); 46 CFR
160.151-13(a) (manufacturers must arrange for an independent laboratory
to inspect a prototype liferaft during fabrication); and 46 CFR
160.151-31(a) (production inspections and tests of inflatable liferafts
must be carried out in accordance with the procedures for independent
laboratory inspection).
Current regulations in 46 CFR part 160, however, require Coast
Guard inspectors to be involved in all phases of the approval process
of winches, davits, release mechanisms, lifeboats, and rescue boats.
See 46 CFR part 160, subparts 160.015 (winches), 160.032 (davits),
160.033 (release mechanisms), 160.035 (lifeboats), and 160.056 (rescue
boats).
Requiring Coast Guard inspectors to directly perform all phases of
the approval process, however, can cause scheduling delays and
increased expenses for manufacturers of lifesaving equipment. For
example, Coast Guard inspectors are not always able to meet
manufacturers' schedules due to competing inspection demands and
resource constraints. This can impede productivity and affect the
availability of approved equipment for U.S. flag vessels. Third-party
certification bodies may qualify as accepted independent laboratories
and are often available locally with greater convenience to
manufacturers.
Additionally, many manufacturers produce lifesaving equipment for
multiple flag nations' vessels, and must have their equipment approved
by each nation. Manufacturers often use third-party certification
bodies for testing and inspection to satisfy certification requirements
from other nations. Unless these third parties are qualified to witness
tests and perform inspections on behalf of more than one nation,
manufacturers must have their equipment inspected and tested by more
than one national representative, which carries potential complications
and delays.
The Coast Guard has found, through past experiences with U.S. flag
vessel inspections and shipboard equipment approvals, that permitting
independent laboratories to do work under appropriate Coast Guard
oversight ultimately promotes safety, flexibility, and autonomy by
permitting experts from industry to engage more directly in the
inspection processes while preserving the Coast Guard's safety and
stewardship role in the maritime community.
In this rulemaking, the Coast Guard proposes to extend the use of
independent laboratories, under the oversight of Coast Guard
inspectors, in the approval process for additional lifesaving
equipment. The Coast Guard proposes to require manufacturers to use an
independent laboratory for prototype fabrication and production
oversight, and provide the option in certain cases for manufacturers to
use an independent laboratory, again overseen by the Coast Guard, for
pre-approval review and prototype testing oversight.
C. Other Revisions
In this rulemaking, the Coast Guard also proposes to revise the
structure of certain subparts affected by this rulemaking, and make
additional, confirming appliance-specific changes to these subparts not
related to harmonization with international standards or use of
independent laboratories.
IV. Discussion of Proposed Rule
The Coast Guard's rules addressing lifesaving equipment are found
in 46 CFR part 160. Each subpart addresses a specific type of
lifesaving equipment. The Coast Guard proposes to amend these subparts
to:
Harmonize its regulations with IMO standards for launching
appliances (winches and davits), release mechanisms, survival craft
(lifeboats, inflatable liferafts, and inflatable buoyant apparatuses),
and rescue boats, and add new harmonized rules addressing automatic
disengaging devices;
[[Page 53461]]
Incorporate the use of independent laboratories, under
Coast Guard oversight, for Coast Guard approval procedures for
launching appliances, lifeboats, rescue boats, and release mechanisms,
and add such use of independent laboratories to proposed new rules
addressing automatic disengaging devices; and
Revise the structure of certain subparts affected by this
rulemaking, and make additional appliance-specific changes to these
subparts not related to harmonization with international standards or
use of independent laboratories. This revision would include updating,
adding, or removing certain standards incorporated by reference and
creating a new subpart in 46 CFR part 164 addressing resins used in the
construction of lifeboats and rescue boats. These revisions are
discussed in more detail in sections IV.C. and D. below.
A. Harmonization With International Standards
To harmonize Coast Guard requirements for lifesaving equipment
affected by this rulemaking with international standards that implement
SOLAS Chapter III, the Coast Guard proposes to incorporate those
international standards into the proposed rules and provide
implementing interpretations of those standards in the proposed rules,
as appropriate.
The Coast Guard proposes to incorporate by reference, into the
affected subparts, the following international standards--
International Life-saving Appliance Code (IMO Resolution
MSC.48(66), as amended by IMO Resolutions MSC.207(81), MSC.218(82) and
MSC.272(85));
Revised recommendation on testing of life-saving
appliances (IMO Resolution MSC.81(70), as amended by Resolution
MSC.226(82) and Resolution MSC.274(85));
MSC Circular 980, Standardized life-saving appliance
evaluation and test report forms;
MSC Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats;
MSC.1 Circular 1205, Guidelines for Developing Operation
and Maintenance Manuals for Lifeboat Systems;
IMO Resolution A.658(16) Use and Fitting of Retro-
reflective Materials on Life-saving Appliances; and
IMO Resolution A.760(18) Symbols Related to Life-Saving
Appliances and Arrangements.
Additionally, the Coast Guard proposes to include interpretations
of certain portions of these IMO documents for each type of equipment,
as appropriate, in the affected subparts. These proposed
interpretations, the equipment affected, and the location of the
interpretations in the proposed rules are discussed below in Table 1:
IMO Standards and Coast Guard Proposed Interpretations. The Coast Guard
seeks comment on these interpretations.
Table 1--IMO Standards and Coast Guard Proposed Interpretations
------------------------------------------------------------------------
USCG proposed Equipment affected
International standard interpretation in proposed rule
------------------------------------------------------------------------
LSA Code Chapter I/1.2, USCG would require Release
General requirements for manufacturers to mechanisms: Sec.
all lifesaving appliances. follow the guidance 160.133-7(b)(2);
of ASTM F 1166 for Lifeboats:
standard human Sec. 160.135-
engineering 7(b)(1)(ii);
practices in the Rescue
design. boats: Sec.
160.156-7(b)(1)(ii)
;
Automatic
liferaft
disengaging
devices: Sec.
160.170-7(b)(2).
LSA Code Chapter I/1.2, USCG would require Release
General requirements for lifesaving mechanisms: Sec.
all lifesaving appliances. equipment, with the 160.133-7(b)(1);
exception of fully Lifeboats:
enclosed lifeboats, Sec. 160.135-
be designed for use 7(b)(1)(i);
by persons wearing Rescue
immersion suits. boats: Sec.
160.156-7(b)(1)(i);
Automatic
liferaft
disengaging
devices: Sec.
160.170-7(b)(1).
LSA Code Chapter I/1.2.2.1, USCG would require:. Winches:
Addressing materials and 1. Manufacturers to Sec. 160.115-
workmanship for all use steel and other 7(b);
lifesaving appliances. materials that meet Davits:
specific Sec. 160.132-
requirements. 7(b);
2. Joined materials Release
to be compatible mechanisms: Sec.
and meet 160.133-7(b);
requirements for Lifeboats:
their mechanical Sec. 160.135-
connections. 7(b);
3. Welder Rescue
certifications for boats: Sec.
all welders. 160.156-7(b);
4. Hydraulic systems Automatic
used in lifesaving liferaft
systems to conform disengaging
to 46 CFR 58.30. devices: Sec.
160.170-7(b).
LSA Code Chapter I/1.2.2.6, USCG would require Lifeboats:
Color of life-saving the exterior color Sec. 160.135-
appliances [this also to be only vivid 7(b)(24);
affects LSA Code Chapter IV/ reddish-orange with Rescue
4.5 and 4.6 for lifeboats]. certain exceptions boats: Sec.
provided. 160.156-7(b)(26).
LSA Code Chapter I/1.2.2.7, USCG would require Lifeboats:
Retroreflective material. retroreflective Sec. 160.135-
material be USCG 7(b)(27);
approved under 46 Rescue
CFR 164.018. boats: Sec.
160.156-7(b)(28).
LSA Code Chapter I/1.2.2.9, USCG would require Winches:
Marking of approved equipment be marked Sec. 160.115-17;
equipment. as approved. Davits:
Sec. 160.132-17;
Release
mechanisms: Sec.
160.133-17;
Lifeboats:
Sec. 160.135-17;
Rescue
boats: Sec.
160.156-17;
Automatic
liferaft
disengaging
devices: Sec.
160.170-17.
LSA Code Chapter IV/ USCG would specify Liferafts:
4.1.5.1.5. sea anchor Sec. 160.151-
attachment point. 21(e).
LSA Code Chapter IV/4.1.3.3 USCG would require Liferafts:
and 4.1.3.4. both interior and Sec. 160.151-
exterior canopy 15(n).
lamps to be
approved under
approval series
161.101.\3\
[[Page 53462]]
LSA Code Chapter IV/4.2, USCG would adopt the Liferafts
Addressing inflatable LSA Code and inflatable
liferafts. recommendation that buoyant apparatus:
inflation systems Sec. 160.151-
meet the 15(l).
requirements of ISO
15738.
LSA Code Chapter IV/4.4.1, USCG would require Lifeboats:
Construction of lifeboats. boats be Sec. 160.135-
constructed of 7(b)(3);
steel, aluminum, or Rescue
fiber reinforced boats: Sec.
plastic (FRP), or 160.156-7(b)(3);
materials accepted Resins:
by the Commandant Sec. 164.017.
as equivalent or
superior.
LSA Code Chapter IV/4.4.4, USCG would require Lifeboats:
Lifeboat buoyancy. buoyancy material Sec. 160.135-
meet acceptance 7(b)(5);
criteria set by Rescue
Commandant. boats: Sec.
160.156-7(b)(3)(5).
LSA Code Chapter IV/4.4.6, USCG would require Lifeboats:
Lifeboat propulsion. lifeboat and rescue Sec. 160.135-
boat engines and 7(b)(6)-(10);
associated Rescue
components meet boats: Sec.
acceptance criteria 160.156-7(b)(7)-(11
set by Commandant. ).
USCG would require
engines also be
U.S. EPA certified
to the appropriate
emissions tier.
LSA Code Chapter IV/4.4.7, USCG would require Lifeboats:
Lifeboat fittings. certain fittings Sec. 160.135-
and components on 7(b)(11)-(20);
lifeboats and Rescue
rescue boats boats: Sec.
required by the LSA 160.156-7(b)(12)-(2
Code to meet 3).
specific criteria.
LSA Code Chapter IV/4.4.7.6, USCG would specify Release
Addressing release additional mechanisms: Sec.
mechanisms for lifeboats to requirements for 160.133-7(b).
be launched by a fall or the operation and
falls, except free-fall performance of
lifeboats. release mechanisms
including a
requirement for a
corrosion resistant
and weatherproof
instruction placard.
LSA Code Chapter IV/4.4.7.10 USCG would require Lifeboats:
and 4.4.7.11, Manually both interior and Sec. 160.135-
controlled lamp and exterior lamps or 7(b)(19); (20);
exterior light. lights to be rescue
approved by the boats: Sec.
Commandant under 160.156-7(b)(20);
approval series (21).
161.101.
LSA Code Chapter IV/ USCG would require Lifeboats:
4.4.7.12, Adequate view performance Sec. 160.135-
from the control and criteria for 7(b)(2);
steering position. visibility from the Rescue
operator's station. boats: Sec.
160.156-7(b)(2).
LSA Code Chapter IV/4.4.8, USCG would require Lifeboats:
Lifeboat equipment. lifeboat and rescue Sec. 160.135-
boat equipment 7(b)(21);
required by the LSA Rescue
Code meet the boats: Sec.
requirements of 46 160.156-7(b)(25).
CFR 199.175.
LSA Code Chapter IV/4.8, USCG would require Lifeboats:
Lifeboats with a self- the air bottles Sec. 160.135-
contained air support used in self- 7(b)(25).
system. contained air
support systems
meet the
requirements of 46
CFR 147.60.
LSA Code Chapter IV/4.7.6, USCG would require Free-fall
Addressing release systems specific lifeboats: Sec.
for free-fall lifeboat. operational and 160.133-7(b)(12)-(1
launching 3).
requirements,
including hydraulic
systems, for free-
fall boats.
LSA Code chapter VI/6.1.1.3, USCG would require a Winches:
Gravity powered lowering. clutch to disengage Sec. 160.115-
winch power during 7(b)(6)(ii).
lowering.
LSA Code Chapter VI/6.1.1.4, USCG would require Winches:
Accessibility of parts moving parts to Sec. 160.115-
requiring maintenance. have suitable 7(b)(3);
guards. Davits:
Sec. 160.132-
7(b)(3).
LSA Code Chapter VI/6.1.1.9, USCG would require Winches:
Winch motors. winch motors to Sec. 160.115-
meet applicable 7(b)(6).
requirements of 46
CFR 58.30 (if
hydraulic), or 46
CFR 111 (if
electric).
LSA Code Chapter VI/ USCG would require Winches:
6.1.1.10, Embarkation time winches used to Sec. 160.115-
standards. launch davit- 7(b)(7).
launched inflatable
liferafts to have a
quick return
mechanism.
LSA Code Chapter VI/6.1.2.2, USCG would specify Winches:
Arrangement of launching arrangement of Sec. 160.115-
mechanism controls. portable power 7(b)(6)(iv)-(v).
outlet and
emergency
disconnect switch.
LSA Code Chapter VI/6.1.2.4, USCG would require Winches:
Arrangement of winch drums. drums be arranged Sec. 160.115-
to ensure even 7(b)(5).
winding of falls
onto and off
multiple-drum
winches.
LSA Code Chapter VI/6.1.2.6, USCG would require Winches:
Hand gears. power be Sec. 160.115-
disconnected for 7(b)(6)(iii).
engaging hand crank.
LSA Code Chapter VI/6.1.2.7, USCG would specify Winches:
Safety devices for powered requirements for Sec. 160.115-
recovery. limit switches. 7(b)(6)(vi).
LSA Code Chapter VI/ USCG would require Winches:
6.1.2.12, Manual brakes. winch brake be Sec. 160.115-
positively 7(b)(6)(i).
controlled.
LSA Code Chapter VI/6.1.5, USCG would specify Liferaft
Liferaft launching design and automatic release
appliances. performance hooks: Sec.
requirements. 160.170-7(b).
[[Page 53463]]
Resolution MSC.81(70) part 1 USCG would require a Winches:
visual inspection Sec. 160.115-
demonstrating 13(d);
conformance with Davits:
approved plans. Sec. 160.132-
13(d);
Release
mechanisms: Sec.
160.133-13(d);
Lifeboats:
Sec. 160.135-
13(d);
Rescue
boats: Sec.
160.156-13(d);
Automatic
liferaft
disengaging
devices: Sec.
160.170-13(d).
Resolution MSC.81(70) part 1/ USCG would require Release
6.9, On-load/off-load additional mechanisms: Sec.
release mechanism tests. prototype test 160.133-13(d).
criteria for
release mechanisms.
Resolution MSC.81(70) part 1/ USCG would allow Lifeboats:
6 and 7, Lifeboat and release mechanism Sec. 160.135-
rescue boat tests. and engine tests to 13(d); and
be performed Rescue
independent of the boats: Sec.
boat. 160.156-13(d).
MSC.81(70) part 1/6 and 7, USCG would require Lifeboats:
Lifeboat and rescue boat additional tests Sec. 160.135-
tests. with supplementary 13(d); and
requirements. Rescue
boats: Sec.
160.156-13(d).
Resolution MSC.81(70) part 1/ USCG would require Liferaft
8.2, Davit-launched additional automatic release
liferaft automatic release prototype test hooks: Sec.
hook tests. criteria for 160.170-13(d).
release mechanisms.
MSC.81(70) part 2/1.2, USCG would require Winches:
Addressing quality control specific provisions Sec. 160.115-
procedures and production for the 15(b);
test record retention. implementation of Davits:
the quality control Sec. 160.132-
program required by 15(b);
the LSA Code. Release
mechanisms: Sec.
160.133-15(b);
Lifeboats:
Sec. 160.135-
15(b);
Rescue
boats: Sec.
160.156-15(b);
Automatic
liferaft
disengaging
devices: Sec.
160.170-15(b).
------------------------------------------------------------------------
\3\ The definition for approval series can be found in 46 CFR 199.30.
Additional proposed changes to regulations addressing the design,
construction, and performance of lifesaving equipment, not discussed
above in Table 1: IMO Standards and Coast Guard Proposed
Interpretations, are discussed for each lifesaving equipment type in
sections IV.C. Affected Subparts: Revised and Proposed and IV.D.
Structure of Part 160 Proposed Subparts.
B. Independent Laboratories
To incorporate the use of independent laboratories into the
approval process for lifesaving equipment, the Coast Guard proposes
to--
Provide the option, on a case-by-case basis and at the
discretion and under the oversight of the Commandant (CG-5214) (the
Lifesaving and Fire Safety Division), for manufacturers to use an
independent laboratory for pre-approval review;
Require manufacturers to use an independent laboratory for
prototype fabrication oversight;
Provide the option, on a case-by-case basis and at the
discretion and under the oversight of the Commandant (CG-5214), for
manufacturers to use an independent laboratory for prototype testing
oversight; and
Require manufacturers to use a Coast Guard accepted
independent laboratory, rather than a Coast Guard inspector, for
production oversight and quality control.
The Coast Guard proposes to define the term ``independent
laboratory'' in each affected subpart by referring to the definition of
the term in 46 CFR 159.010-3, which includes commercial testing
laboratories, as well as ``classification societies and agencies of
governments that are involved in the inspection and testing of marine
safety equipment that meet the requirements of Sec. 159.010-3.'' As
discussed above, 46 CFR part 159 contains the Coast Guard's established
standards and procedures for accepting and recognizing third parties as
independent laboratories. The Coast Guard proposes to use this term for
consistency with subpart 159 as well as other subparts contained in 46
CFR parts 159 through 164 (subchapter Q) and to reinforce that the same
acceptance standards of 46 CFR 159.010-3 would apply to independent
laboratories under the proposed new subparts.
The Coast Guard proposes to rely on these existing regulations and
requirements in 46 CFR part 159 to accept and approve independent
laboratories that would be involved in the lifesaving equipment process
as proposed in this rulemaking.
As discussed above in III. Background, the Coast Guard currently
has an approval process for lifesaving equipment. Although the Coast
Guard typically performs each step of this approval process,
independent laboratories have been used in the approval process of
buoyant apparatuses and liferafts. See 46 U.S.C. 3306(a); 46 CFR
160.010-9, 160.151-13, and 160.151-31. The Coast Guard has used
independent laboratories in the approval process since 1982 for buoyant
apparatuses (see 47 FR 41372 (September 20, 1982) (adding in 46 CFR
part 160, subpart 160.010 with the requirements to that approval and
production tests must be conducted by an independent laboratory)) and
since 1997 for liferafts (see 62 FR 25525 (May 9, 1997) (adding 46 CFR
part 160, subpart 160.151 with the requirements to that independent
laboratory inspect fabrication of the liferaft and carry out production
inspections and tests)).
The proposed rules would expand the use of independent laboratories
into the approval process for winches, davits, release mechanisms,
lifeboats, rescue boats and fast rescue boats, and automatic
disengaging devices. The result of the proposed rules would be to
provide consistent use of independent laboratories in the Coast Guard
approval process for all lifesaving equipment required under the
various vessel and facility regulations in titles 33 and 46 of the CFR.
[[Page 53464]]
Under the proposed rules, the Coast Guard would be notified of
tests and inspections conducted by independent laboratories and would
conduct oversight of the procedures, actions, and decisions of the
independent laboratories. During the process of acceptance of an
independent laboratory, the independent laboratory agrees to provide
Coast Guard access to the place where test inspections are performed to
verify information submitted and witness tests and inspections. 46 CFR
159.010-5(a)(7). Additionally, the proposed rules includes additional
Coast Guard oversight of independent laboratories by stating the
manufacturer may not proceed with the next phase of the approval
process until it receives notification that the current phase,
including those phases performed by independent laboratories, is
satisfactory to the Coast Guard. The Coast Guard would remain the sole
issuer of certificates of approval for Coast Guard-approved lifesaving
equipment. See 46 CFR part 2, subpart 2.75.
The Coast Guard proposes to require the use of independent
laboratories to oversee prototype fabrication, production of approved
equipment, and quality control because these phases do not require any
decisions regarding the approvability of lifesaving equipment, and only
require ensuring the equipment generally conforms to approved designs
and required performance standards. Approvability of lifesaving
equipment is evaluated during pre-approval review and prototype
testing. If the Coast Guard reviews design plans and confirms that a
prototype was constructed to those plans and performs as required, then
the Coast Guard has been involved in the most critical aspects of
lifesaving equipment manufacturing. New design or performance issues
are most likely to appear during the process of preapproval plan review
and prototype testing, not during prototype fabrication, production of
approved equipment, and quality control.
The Coast Guard proposes to allow the use of independent
laboratories during preapproval plan review and prototype testing, but
only on a case-by case basis and at the discretion and under the
oversight of the Commandant (CG-5412). Because preapproval plan review
and prototype testing phases involve decisions about the acceptability
and approvability of lifesaving equipment design and performance, the
Coast Guard intends to permit the use of independent laboratories in
these phases only for conventional designs that do not substantially
differ from designs already approved by the Coast Guard. The Coast
Guard expects that this proposal would free up Coast Guard headquarters
staff for the evaluation of novel advances and innovations in
lifesaving equipment. Additionally, the Coast Guard aims to relieve
manufacturers of the burden of having the same design reviewed, or the
same prototype tested, by multiple nations to ensure it complies with
the same international standards. If an independent laboratory is
accepted as such by several nations, then manufacturers could have
their conventional designs reviewed, and prototypes of those
conventional designs tested, by one independent laboratory for approval
in all of those nations.
1. Preapproval Plan Review: Winches, Davits, Release Mechanisms,
Lifeboats, Rescue Boats and Fast Rescue Boats, and Automatic
Disengaging Devices
Proposed Sec. Sec. 160.115-9(c), 160.132-9(c), 160.133-9(c),
160.135-9(c), 160.156-9(c), 160.170-9(c) would provide for the use of
an independent laboratory for preapproval plan review at the request of
the manufacturer and at the discretion of the Commandant (CG-5214). An
independent laboratory would conduct preapproval plan review in
accordance with the procedures agreed upon during the course of Coast
Guard acceptance of the laboratory under 46 CFR part 159, subpart
159.010. The scope of the independent laboratory's approval authority
and the applicable plan review procedures would be determined during
the independent laboratory's acceptance process under 46 CFR part 159,
subpart 159.010. As discussed above, the Coast Guard proposes that the
Commandant (CG-5214) would exercise its discretion to delegate
preapproval plan review to an independent laboratory primarily for
routine review of conventional, non-novel designs that meet industry
standards to free up Coast Guard headquarters staff for the evaluation
of novel advances and innovations in lifesaving equipment. The Coast
Guard does not anticipate delegating this performance in any instances
that require independent laboratories to use their own discretion as to
what would be acceptable to the Coast Guard.
This rulemaking would not affect the Coast Guard's control over the
issuance of Coast Guard certificates of approval. See 46 CFR part 2,
subpart 2.75. Additionally, under this proposal, the Coast Guard would
conduct oversight of the plan review procedures used by the independent
laboratories and handle any appeals under 46 CFR part 159.
2. Witnessing Prototype Fabrication: Lifeboats, and Rescue Boats and
Fast Rescue Boats
The Coast Guard proposes to add the use of an independent
laboratory for witnessing prototype fabrication in proposed Sec. Sec.
160.135-11 and 160.156-11. Because fabrication of lifeboats, rescue
boats, and fast rescue boats is more complex as compared to fabrication
of winches, davits, release mechanisms, and automatic disengaging
devices, only the proposed rules for the former types of lifesaving
equipment would require oversight during prototype fabrication.
Proposed paragraph (b) of these sections would require that an
independent laboratory oversee specified fabrication, inspections, and
tests, unless directed otherwise by the Commandant (CG-5214). As
discussed above, the Coast Guard intends oversight during prototype
fabrication to ensure that a lifesaving equipment prototype is
constructed in accordance with the plans approved by the Coast Guard
during preapproval review. During this phase, the independent
laboratory would ensure that the manufacturer is following Coast Guard
direction. The Coast Guard would retain the right to oversee this phase
of the approval process. See proposed Sec. Sec. 160.135-11(b) and
160.156-11(b).
Proposed paragraphs (c) of these sections would require steps for
the manufacturer to coordinate with the independent laboratory to
ensure that fabrication of the product complies with the approved
plans.
3. Prototype Testing: Winches, Davits, Release Mechanisms, Lifeboats,
Rescue Boats and Fast Rescue Boats, and Automatic Disengaging Devices
The Coast Guard proposes to include the requirements for the
prototype testing phase as detailed in proposed Sec. Sec. 160.115-13,
160.132-13, 160.133-13, 160.135-15, 160.156-13, and 160.170-13. In
these sections, proposed paragraph (b) would require that the Coast
Guard conduct the inspections and tests required for prototype testing.
Proposed paragraph (f), however, would permit an independent laboratory
to perform the inspections and tests at the request of the manufacturer
and at the discretion of the Commandant (CG-5214), similar to the
proposed procedures for preapproval plan review. An independent
laboratory would have to conduct prototype testing oversight in
accordance with the procedures agreed upon during Coast Guard
acceptance of the laboratory under 46 CFR 159.010-5. As with the
preapproval plan review,
[[Page 53465]]
the Coast Guard proposes that the Commandant (CG-5214) would exercise
its discretion to delegate prototype testing oversight to an
independent laboratory. This would primarily be for testing
conventional designs that do not require direct oversight by the Coast
Guard because they do not contain any novel features or substantially
depart from similar designs previously approved by the Coast Guard.
Under this proposal, the Coast Guard would conduct oversight of
procedures used by the independent laboratories for testing and handle
any appeals under 46 CFR part 159.
4. Production and Quality Control: Winches, Davits, Release Mechanisms,
Lifeboats, Rescue Boats and Fast Rescue Boats, and Automatic
Disengaging Devices
Proposed Sec. Sec. 160.115-15, 160.132-15, 160.133-15, 160.135-15,
160.156-15, and 160.170-15 would require that an independent laboratory
oversee production fabrication, inspections, and tests, unless directed
otherwise by the Commandant (CG-5214). Independent laboratory oversight
during production and quality control would ensure that all production
of approved lifesaving equipment conforms with the plans approved and
the prototype tested by the Coast Guard. During this phase, as with
prototype fabrication, the independent laboratory would ensure that the
manufacturer is following Coast Guard direction.
Proposed paragraph (a) of these sections would require that an
independent laboratory conduct all inspections, tests, and oversight in
accordance with the procedures for independent laboratory inspection in
46 CFR part 159, subpart 159.007, unless directed otherwise by the
Commandant (CG-5214). Under proposed paragraph (a) of these sections,
the Coast Guard would retain the right to oversee this phase of
equipment approval, as well as prescribe additional tests and
inspections necessary to maintain quality control and monitor
compliance.
Proposed Sec. Sec. 160.115-15, 160.132-15, 160.133-15, 160.135-15,
160.156-15, and 160.170-15 would also outline the proposed roles and
responsibilities for independent laboratories and manufacturers for the
production and quality control of lifesaving equipment. See proposed
paragraphs (b) and (d) of these sections. The Coast Guard would
continue to conduct oversight of production testing and manufacturer
quality control though its monitoring of independent laboratories under
46 CFR part 159.
Proposed paragraph (c) of these sections explains the proposed
recordkeeping responsibilities for manufacturers and independent
laboratories. Proposed paragraph (e) of these sections details proposed
procedures for how and when to witness tests.
C. Affected Subparts: Revised and Proposed
Part 160 in 46 CFR addresses lifesaving equipment generally and is
divided into subparts (e.g. 46 CFR part 160, subpart 160.[subpart
number]) that each address a specific type of lifesaving equipment. In
the current structure of 46 CFR part 160, the Coast Guard has
traditionally numbered its subparts according to whether the lifesaving
equipment addressed by the subpart is approved for use on vessels on
coastwise routes and other non-international voyages, or for use on
vessels on international voyages and therefore subject to SOLAS.
Subparts with ``.0'' (e.g. 46 CFR part 160, subpart 160.0[remainder of
subpart number]) generally apply to equipment approved for use on
vessels on coastwise routes and other non-international voyages, and
subparts with ``.1'' (e.g. 46 CFR part 160, subpart 160.1[remainder of
subpart number]) apply to lifesaving equipment approved as meeting the
SOLAS requirements for use on vessels on international voyages.
In this rulemaking, the Coast Guard proposes to revise subparts,
remove subparts with ``.0'' and replace them with new subparts with
``.1'', and add other new subparts to 46 CFR parts 160 and 164. The
Coast Guard also proposes to add a new subpart to parts 160 and 164 to
specifically state that the existing and proposed new and revised
regulations in these parts preempt State and local regulation in the
same field. For more discussion on preemption and this rulemaking, see
section VI. E. Federalism, below.
The Coast Guard proposes to revise, remove, replace, and add
subparts in 46 CFR parts 160 and 164 as follows:
Revise 46 CFR part 160, subparts 160.010 (buoyant
apparatus), 160.051 (inflatable liferafts for domestic service), and
160.151 (inflatable liferafts--SOLAS).
Remove 46 CFR part 160, subparts 160.015 (winches),
160.032 (davits), 160.033 (release mechanisms), and 160.035
(lifeboats), and replace them with new subparts 160.115, 160.132,
160.133, and 160.135, respectively.
Create new 46 CFR part 160, subparts 160.156 (rescue boats
and fast rescue boats) and 160.170 (liferaft automatic release
mechanisms).
Create new 46 CFR part 160, subpart 160.900 (Preemption).
Create new 46 CFR part 164, subpart 164.017 (Fire
retardant resins for lifeboats and rescue boats).
Create new 46 CFR part 164, subpart 164.900 (Preemption).
For liferafts (subparts 160.051 and 160.151) and rescue boats
(subparts 160.056 and 160.156), the Coast Guard would continue to
maintain two sets of regulations for this equipment based on voyage:
domestic and international approval standards. For lifeboats (subpart
160.135), launching appliances--davits and winches--(subparts 160.132
and 160.115), and release mechanisms (subparts 160.133 and 160.170),
however, there will be no corresponding domestic approval standards.
The Coast Guard considers the standards for this equipment, as
described in this proposed rule, to be appropriate to all U.S. flag
vessels regardless of voyage.
For buoyant apparatuses (subpart 160.010) there would be no
corresponding international approval standard. Because buoyant
apparatuses do not meet the carriage requirements for vessels on
international routes, and are not addressed in SOLAS, there is no need
for an international approval subpart addressing buoyant apparatuses.
If the proposed rule is made final, all equipment approved after
the effective date of the final rule would be required to conform to
the appropriate revised, replaced, or added subparts. After the
effective date of the final rule, winches, davits, lifeboats, and
lifeboat release mechanisms approved under the subparts proposed for
removal (subparts 160.015, 160.032, 160.033, and 160.035) could
continue to be used as replacements-in-kind as permitted under the
applicable vessel inspection subchapters of the CFR, but could not be
used for new installations. Manufacturers of liferafts would have to
demonstrate that designs previously approved under the current
regulations comply with the revised regulations prior to the expiration
of their current approvals. Liferafts in service previously approved
under the current regulations would not have to be replaced, provided
that they remain in serviceable condition. See proposed Sec. Sec.
160.051-1 and 160.151-1. However, when they become non-serviceable, and
thus must be replaced, they would have to be replaced with a liferaft
that conforms to the revised subpart.
1. Revised 46 CFR Part 160, Subpart 160.010--Buoyant Apparatuses
Current subpart 160.010 contains regulations regarding design,
[[Page 53466]]
construction, and approval of buoyant apparatuses. The Coast Guard
proposes to retain this subpart because buoyant apparatuses are used
only on coastwise and other non-ocean or non-international routes. See
46 CFR 199.630(a) (table referencing buoyant apparatus for Coastwise;
Great Lakes; Lakes, Bays, & Sounds routes). The Coast Guard proposes to
update the references to international standards for inflatable
liferafts that the Coast Guard has already applied to inflatable
buoyant apparatuses and incorporated into the existing regulations. See
proposed 46 CFR 160.010-1(c). These inflatable liferaft standards are
suitable standards to apply to inflatable buoyant apparatuses because
of the similarity between inflatable buoyant apparatuses and inflatable
liferafts. Subpart 160.010 already incorporates IMO standards, but the
incorporated standards are currently outdated due to the transfer of
part C of SOLAS chapter III to the IMO LSA Code. Coast Guard
interpretations of these standards as applied to inflatable buoyant
apparatuses are discussed above in Table 1: IMO Standards and Coast
Guard Proposed Interpretations.
2. Revised 46 CFR Part 160, Subparts 160.051 and 160.151--Inflatable
Liferafts
Current subparts 160.051 and 160.151 contain regulations regarding
design, construction, and approval of inflatable liferafts for domestic
service, and inflatable liferafts that are SOLAS compliant for
international service, respectively. These subparts already incorporate
IMO standards, but as discussed above, the incorporated standards are
currently outdated. The Coast Guard proposes to retain these subparts
and update the IMO standards incorporated. Those IMO standards and
Coast Guard interpretations of those standards are discussed above in
Table 1: IMO Standards and Coast Guard Proposed Interpretations. The
Coast Guard proposes changing the requirement for replacing survival
equipment items in Sec. 160.151-57(b)(5)(i) from ``replaced if its
expiration date has passed'' at the time of servicing to ``replaced at
the time of servicing if there is less than 6 months remaining before
the expiration date,'' to harmonize with the recommendation found in
IMO Resolution A.761(18) and prevailing international practice.
The Coast Guard also proposes to amend the requirement in 46 CFR
160.151-21(e) to specify where on the liferaft the sea anchor should be
attached. Recently, the Coast Guard became aware that the positioning
of sea anchors on some liferafts may pose a safety issue. While the IMO
standards and Coast Guard regulations address sea anchors, they do not
specifically address their positioning; requiring only that the sea
anchor will cause the liferaft to lie oriented to the wind in the most
suitable manner (LSA Code 4.1.5.1.5). The Commercial Fishing Industry
Vessel Safety Advisory Committee (CFIVSAC) brought to the Coast Guard's
attention that the lack of a more specific positioning requirement
could potentially endanger the lives of personnel onboard a liferaft.
The industry has observed that when the sea anchor is tied-off at the
entry door, it can interfere with boarding the liferaft, and keeps the
raft entry oriented towards the oncoming seas and wind, potentially
jeopardizing the safety of the liferaft occupants.
In the course of investigating the concerns raised by the CFIVSAC,
the Coast Guard has communicated with representatives from all current
manufacturers of Coast Guard-approved liferafts. Those manufacturers
provided individual feedback and opinions, which influenced the wording
of the proposed rule. A majority of the individuals responding
recommended that the sea anchor be attached to the raft in a position
so as to orient the primary entrance away from the seas as far as
practicable, while still allowing the sea anchor to be retrieved by a
person inside the raft.
Therefore, proposed 46 CFR 160.151-21(e) would require that sea
anchors be attached to the raft in a position so as to orient the
primary entrance away from the seas as far as practicable, while still
allowing the sea anchor to be retrieved by a person inside the raft.
If you are a manufacturer of sea anchors and/or liferafts and did
not have the opportunity to provide feedback and opinions previously,
the Coast Guard welcomes your comments now.
3. Proposed 46 CFR Part 160, Subparts 160.115 and 160.132--Launching
Appliances--Winches and Davits
Proposed subparts 160.115 and 160.132 contain the proposed
regulations regarding design, construction, and approval of launching
appliances. Proposed subpart 160.115 addresses winches and proposed
subpart 160.132 addresses davits, currently governed by subparts
160.015 and 160.032, respectively. Proposed subparts 160.115 and
160.132 retain many of the requirements in subparts 160.015 and
160.032, respectively, as discussed below in section IV.D. Structure of
Part 160 Proposed Subparts.
Although 46 CFR part 160, subparts 160.015 and 160.032 currently
apply only to lifeboat winches and davits, the Coast Guard proposes to
expand the scope of the new subparts to also cover launching appliances
used for davit-launched rescue boats and liferafts. See proposed
Sec. Sec. 160.115-1 and 160.132-1. The Coast Guard has determined that
the same basic LSA Code standards apply to liferaft and rescue boat
launching appliances as well as lifeboat and rescue boat launching
appliances. Therefore, the Coast Guard proposes to address all
launching appliances used to launch a lifeboat, rescue boat, or davit-
launched liferaft in proposed subparts 160.115 and 160.132.
The Coast Guard has, in the past, approved liferaft launching
appliances under approval series \4\ 160.163 (SOLAS). Current
regulations contained in 46 CFR part 199 (subchapter W) and other
vessel inspection subchapters refer to approval series 160.163 for
requirements for launching appliances for davit-launched liferafts;
however, 46 CFR part 160 does not contain a subpart addressing liferaft
launching appliances. Based on the expanded scope of the proposed
subparts discussed above, the Coast Guard proposes to replace all
references to ``approval series 160.163'' in 46 CFR with the proposed
46 CFR part 160, subparts 160.115 and 160.132, as appropriate for new
approvals. Vessels may continue to utilize existing liferaft launching
appliances approved under approval series 160.163 prior to the
effective date of the rule. See proposed Sec. Sec. 108.550, 117.150,
133.150, 180.150, and 199.150.
---------------------------------------------------------------------------
\4\ The definition for approval series can be found in 46 CFR
199.30.
---------------------------------------------------------------------------
4. Proposed 46 CFR Part 160, Subpart 160.133--Release Mechanisms
Proposed subpart 160.133 contains the proposed regulations
regarding design, construction, and approval of release mechanisms,
which is currently governed by 46 CFR part 160, subpart 160.033
(Mechanical Disengaging Apparatus, Lifeboat, for Merchant Vessels).
Proposed subpart 160.133 revises and replaces the regulations in
subpart 160.033, as discussed below in section IV.D. Structure of Part
160 Proposed Subparts.
5. Proposed 46 CFR Part 160, Subpart 160.135--Lifeboats
Construction of Coast Guard-approved lifeboats is currently
governed by 46 CFR part 160, subpart 160.035. Proposed new subpart
160.135 would completely replace subpart 160.035. Proposed subpart
160.135 would
[[Page 53467]]
address davit launched, as well as free-fall lifeboats, which would
change the scope from subpart 160.035. When subpart 160.035 was
promulgated, free-fall lifeboats did not exist. Because the same basic
IMO standards apply to both types of lifeboats, proposed subpart
160.135 addresses both.
6. Proposed 46 CFR Part 160, Subpart 160.156--Rescue Boats and Fast
Boats
Construction of Coast Guard-approved rescue boats is currently
governed by 46 CFR part 160, subpart 160.056, which addresses only non-
SOLAS compliant, simple boats approved locally by the Officer in
Charge, Marine Inspection (OCMI). Proposed subpart 160.156 would
contain the proposed regulations regarding design, construction, and
approval of rescue boats and fast rescue boats complying with SOLAS.
When subpart 160.056 was promulgated, fast rescue boats did not exist.
Proposed subpart 160.156, however, would not replace subpart 160.056.
The Coast Guard proposes to retain subpart 160.056 as an acceptable
alternative rescue boat for certain classes of vessels as permitted by
titles 33 and 46 of the CFR.
7. Proposed 46 CFR Part 160, Subpart 160.170--Automatic Disengaging
Devices
Currently 46 CFR part 160 does not contain a subpart addressing
automatic disengaging devices that can be used to launch liferafts and
single fall rescue boats. However, 46 CFR part 199 (subchapter W) makes
reference to these devices via approval series 160.170. See, e.g., 46
CFR 199.150(a)(2). The Coast Guard proposes a new subpart 160.170 to
incorporate the requirements in the IMO LSA Code and Recommendation on
Testing with Coast Guard interpretations of those requirements as
discussed above in Table 1: IMO Standards and Coast Guard Proposed
Interpretations.
8. Proposed 46 CFR Part 160, Subpart 164.017--Fire Retardant Resins for
Lifeboats and Rescue Boats
Currently, the requirements for resins used in the construction of
fiberglass-reinforced plastic lifeboats are contained in 46 CFR
160.035-8(b). There are no corresponding requirements in subpart
160.056. Resins, unlike lifesaving equipment, do not receive a
certificate of approval from the Commandant (CG-5214), but must still
be accepted by the Commandant (CG-5214) for use in the manufacture of
Coast Guard-approved lifeboats and rescue boats.
Because of the relative comprehensiveness of the fire retardant
resin standards, the Coast Guard proposes to separate the resin
requirements from the design, construction, and performance standards
and create a new subpart in part 164. Rather than include the resin
requirements in proposed subparts 160.135 and 160.156, these proposed
subparts would cross-reference 164.017.
Proposed subpart 164.017 would retain the main requirements of 46
CFR 160.035-8(b), including the requirement that manufacturers use
independent laboratories to test and certify that their resin meets the
proposed requirements and submit an application for acceptance of the
resin to the Commandant (CG-5214). The Coast Guard proposes revising
the structure of the resin requirements to conform to the structure of
a CFR subpart, and would include a scope for the subpart as well as
definitions.
The scope of proposed subpart 164.017 would state that the subpart
contains performance requirements, acceptance tests, and production
testing and inspection requirements for fire retardant resins used in
the construction of lifeboats and rescue boats approved under proposed
46 CFR part 160, subparts 160.135 and 160.156. See proposed Sec.
164.017-1. The definitions would include a definition of ``acceptance''
modeled after the definition in 46 CFR 164.019-3, and the definitions
for ``Commandant'' and ``independent laboratory'' included in each of
the proposed new subparts (160.115, 160.132, 160.133, 160.135, 160.156
and 160.170), discussed below under section IV.D. Structure of Part 160
Proposed Subparts.
The Coast Guard proposes to update and replace some of the resin
standards currently incorporated by reference in 46 CFR 160.035-8(b).
The standards proposed for incorporation by reference in proposed
subpart 164 would appear in proposed Sec. 164.017-5, and are discussed
below in section IV.D. Structure of Part 160 Proposed Subparts. The
Coast Guard proposes including the use of equivalent international
standards as an alternative to national consensus standards. See
proposed Sec. 164.017-7.
The Coast Guard also proposes to include a new procedure for Coast
Guard acceptance of material changes from any resin accepted under
proposed subpart 164.017. See proposed Sec. 164.017-15.
D. Structure of Part 160 Proposed Subparts
The structure of each of the proposed new subparts in part 160
(subparts 160.115, 160.132, 160.133, 160.135, 160.156 and 160.170)
would be similar to aid in readability and familiarity with the
proposed rules for the affected lifesaving equipment. Additionally,
much of regulatory text addressing the approval process in the proposed
new subparts would be substantially similar across the new subparts.
The major difference in regulatory text in the new subparts would be
the technical requirements for specific lifesaving equipment. The
technical requirements affected by IMO standards are discussed in
detail in Table 1: IMO Standards and Coast Guard Proposed
Interpretations, and any additional equipment-specific proposed
requirements are noted in each section below.
The general structure of the proposed new subparts would be as
follows:
Sec. 160.[subpart number]-1 Scope.
Sec. 160.[subpart number]-3 Definitions.
Sec. 160.[subpart number]-5 Incorporation by reference.
Sec. 160.[subpart number]-7 Design, construction, and
performance of [name of lifesaving equipment addressed by the subpart].
Sec. 160.[subpart number]-9 Preapproval review.
Sec. 160.[subpart number]-11 Fabrication of prototype
[name of lifesaving equipment addressed by the subpart] for approval.
Sec. 160.[subpart number]-13 Approval inspections and
tests for prototype [name of lifesaving equipment addressed by the
subpart].
Sec. 160.[subpart number]-15 Production inspections,
tests, quality control, and conformance of [name of lifesaving
equipment addressed by the subpart].
Sec. 160.[subpart number]-17 Marking and labeling.
Sec. 160.[subpart number]-19 Operating instructions and
information for the ship's training manual.
Sec. 160.[subpart number]-21 Operation and maintenance
instructions.
Sec. 160.[subpart number]-23 Procedure for approval of
design or material change.
1. Section 160.[subpart number]-1 Scope
This section would state that the subpart prescribes standards,
tests, and procedures to seek Coast Guard approval of the specific type
of lifesaving equipment addressed by the
[[Page 53468]]
proposed new subpart. Proposed differences in the scope between an
existing subpart and a proposed subpart to replace that existing
subpart are discussed above in section IV.C. Affected Subparts Revised
and Proposed.
2. Section 160.[subpart number]-3 Definitions
This section would contain the definitions of terms for the
proposed new subpart. As discussed above in section IV.B. Independent
Laboratories, the definition of ``independent laboratory'' would appear
in each subpart and would have the same meaning as the term defined in
46 CFR 159.010-3. The definitions of ``Commandant'' and ``SOLAS'' would
appear in each subpart. The Coast Guard borrowed these definitions from
46 CFR 160.151-3 and updated them to reflect the Coast Guard's address
and recent SOLAS amendments. ``Commandant'' would mean the Commandant
(CG-5214), which is the Lifesaving and Fire Safety Division that
administers the Coast Guard approval process for lifesaving equipment.
The Coast Guard also proposes adding to each new subpart a definition
for ``OCMI'', an Officer in Charge, Marine Inspection, which is
borrowed from 46 CFR 175.400.
This section of the proposed subparts would also contain any
definitions specific to a subpart as follows.
Proposed Sec. Sec. 160.133-3 and 160.170-3 (Release Mechanisms and
Automatic Disengaging Devices): These sections would contain two
additional definitions: ``light load'' and ``full load'' of lifeboats
and rescue boats, which also are referred to as the ``condition A'' and
``condition B'' weights of the boats.
Proposed Sec. Sec. 160.135-3 and 160.156-3 (Lifeboats and Rescue
Boats and Fast Rescue Boats): These sections would contain the same
``light load'' and ``full load'' definitions proposed in Sec. 160.133-
3 and would also provide definitions for ``fiberglass reinforced
plastic (FRP)'' and ``positive stability.''
3. Section 160.[subpart number]-5 Incorporation by reference & Proposed
Sec. 164.017-5
Section 160.[subpart number]-5 would list the IMO standards that
the Coast Guard proposes to incorporate to harmonize its regulations
with international standards. Section 160.[subpart number]-5 would also
list other technical standards incorporated by reference that are
specific to that particular subpart, and are used in Coast Guard
interpretations of the IMO standards. Section 164.017-5 would list
technical standards incorporated by reference in proposed new 46 CFR
part 160, subpart 164.017. The technical standards in Sec. Sec.
160.[subpart number]-5 and 164.017-5 include recommended guidelines
from IMO that the Coast Guard proposes to incorporate by reference as
required standards. IMO standards and other technical standards
included in these sections are either new standards or updated from a
previous version of a similar standard and are discussed below in Table
2: New and Updated Standards Incorporated by Reference. For more
information about incorporation by reference, see section V.
Incorporation by Reference below.
These sections would use the standards currently incorporated by
reference in the subparts the Coast Guard proposes to remove that the
Coast Guard has determined are still applicable, and would update other
such standards. The Coast Guard would not retain other specifications
that are no longer used.
Table 2--New and Updated Standards Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Organization Title Description Equipment affected
----------------------------------------------------------------------------------------------------------------
American Society for Testing and A 36/A 36M-08 Standard Provides a Davits, release
Materials (ASTM). Specification for specification for mechanisms, lifeboats,
Carbon Structural carbon steel shapes, rescue boats, and
Steel. plates, and bars of automatic disengaging
structural quality for devices.
use in bolted or
welded construction of
the load bearing steel
components of
lifesaving appliances
in column 3.
A 216/A 216M-08 Provides a Davits.
Standard Specification specification for
for Steel Castings, carbon steel castings
Carbon, Suitable for for assembly with
Fusion Welding for other castings or
High-Temperature wrought-steel parts by
Service. fusion welding.
B 127-05(2009) Standard Provides a standard Lifeboats and rescue
Specification for specification for boats.
Nickel-Copper Alloy nickel-copper alloys
(UNS N04400) Plate, to be used in the
Sheet, and Strip. construction of fuel
tanks.
B 209-07 Standard Provides a standard Lifeboats and rescue
Specification for specification for boats.
Aluminum and Aluminum- aluminum and aluminum
Alloy Sheet and Plate. alloys to be used in
the construction of
lifeboats and rescue
boats.
D 543-06 Standard Provides a method for Lifeboat and rescue
Practices for testing FRP to boat resins.
Evaluating the standard test chemical
Resistance of Plastics reagents; alternative
to Chemical Reagents. method to ISO 175.
D 570-98(2005) Standard Provides a method to Lifeboat and rescue
Test Method for Water perform a 24-hour boat resins.
Absorption of Plastics. water immersion test
for FRP; alternative
method to ISO 62.
D 638-08 Standard Test Provides a standard for Lifeboat and rescue
Method for Tensile determining the boat resins.
Properties of Plastics. tensile strength of
laminate samples taken
from (or
representative of)
major components of
the lifeboat;
alternative method to
ISO 527.
[[Page 53469]]
A 653/A 653M-08 Provides a Release mechanisms,
Standard Specification specification for lifeboats, rescue
for Steel Sheet, Zinc- steel sheet, zinc- boats, and automatic
Coated (Galvanized) or coated (galvanized) or disengaging devices.
Zinc-Iron Alloy-Coated zinc-iron alloy-coated
(Galvannealed) by the (galvannealed) by the
Hot-Dip Process. hot-dip process in
coils and cut lengths.
Steel requiring
protective coatings
must meet the
requirements of A 653.
D 695-(08) Standard Provides a method for Lifeboat and rescue
Test Method for determining ultimate boat resins.
Compressive Properties compressive strength
of Rigid Plastics. of FRP; alternative
method to ISO 604.
D 790-07e1 Standard Provides a standard Lifeboat and rescue
Test Methods for method for boat resins.
Flexural Properties of determination of the
Unreinforced and ultimate strength of
Reinforced Plastics laminate samples taken
and Electrical from (or
Insulating Materials. representative of)
major components of
the lifeboat or rescue
boat; alternative
method to ISO 14125.
D 792-08 Standard Test Provides a method for Lifeboat and rescue
Methods for Density evaluating the density boat resins.
and Specific Gravity of cured unfilled
(Relative Density) of resins; an alternative
Plastics by method to ISO 1183-1.
Displacement.
D 1045-08 Standard Test Provides a method to Lifeboat and rescue
Methods for Sampling determine specific boat resins.
and Testing gravity of uncatalyzed
Plasticizers Used in liquid resins; an
Plastics. alternative method to
ISO 1675.
D 1824-95(2002) Provides a method to Lifeboat and rescue
Standard Test Method determine viscosity of boat resins.
for Apparent Viscosity uncatalyzed liquid
of Plastisols and resins; an alternative
Organosols at Low method to ISO 255.
Shear Rates.
D 2471-99 Standard Test Provides a method for Lifeboat and rescue
Method for Gel Time measuring the maximum boat resins.
and Peak Exothermic temperature (peak
Temperature of exotherm) reached by a
Reacting Thermosetting reacting thermosetting
Resins. plastic composition
and the time from
initial mixing of the
reactants of a
thermosetting plastic
composition to the
time when
solidification
commences (gel time);
ISO 2535 provides an
alternative to the gel
time determination
method only.
D 2583-07 Standard Test Provides a test method Lifeboat and rescue
Method for Indentation for the determination boat resins.
Hardness of Rigid of indentation
Plastics by Means of a hardness of both
Barcol Impressor. reinforced and
nonreinforced rigid
plastics using a
Barcol Impressor,
Model No. 934-1 and
Model No. 935; an
alternative method to
ISO 2039 (series).
D 2584-08 Standard Test Provides a test method Lifeboat and rescue
Method of Ignition for the determination boat resins.
Loss of Cured of the ignition loss
Reinforced Resins. of cured reinforced
resins which can be
equated to the resin
content within
limitations defined in
the standard; an
alternative to ISO
1172.
D 4029-09 Standard Provides a standard for Lifeboats and rescue
Specification for finished, woven boats.
Finished Woven Glass electrical grade
Fabrics. fabric in the
construction of FRP.
F 1014-02(2007) Specifies Type I; Type Inflatable liferafts.
Standard Specification II; and Type III
for Flashlights on flashlights.
Vessels.
F 1166-07 Standard Provides a standard for Inflatable liferafts,
Practice for Human ergonomic design release mechanisms,
Engineering Design for criteria from a human- lifeboats, rescue
Marine Systems, machine perspective to boats, and automatic
Equipment, and be applied to the disengaging devices.
Facilities. design and
construction of
lifesaving appliances
listed in column 3.
[[Page 53470]]
G 154-06 Standard Provides a method for Lifeboats and rescue
Practice for Operating the accelerated boats.
Fluorescent Light weathering test of FRP.
Apparatus for UV
Exposure of
Nonmetallic Materials.
General Services Administration (GSA) Federal Standard 595C-- Provides a standard for Lifeboats, rescue
Colors Used in vivid reddish orange boats, buoyant
Government Procurement. on the exteriors of apparatuses, and
the lifesaving liferafts.
appliances listed in
column 3.
International Maritime Organization International Life- Provides the design, Davits, winches,
(IMO). Saving Appliance Code, construction and release mechanisms,
(IMO Resolution performance standard lifeboats, rescue
MSC.48(66), as for SOLAS required boats, automatic
amended). life-saving appliance. disengaging devices,
and buoyant
apparatuses.
IMO Resolution Provides standardized Liferafts.
A.657(16) Instructions instructions for
for Action in Survival people in liferafts.
Craft.
IMO Resolution Provides a standard for Lifeboats, rescue
A.658(16) Use and retro-reflective boats, liferafts and
Fitting of Retro- material. buoyant apparatuses.
reflective Materials
on Life-saving
Appliances.
IMO Resolution Provides a standard Davits, winches,
A.760(18) Symbols catalogue of symbols release mechanisms,
Related to Life-Saving to be used in life- lifeboats, rescue
Appliances and saving appliance boats, automatic
Arrangements. manuals and placards. disengaging devices,
and buoyant
apparatuses.
IMO Revised Provides the testing Davits, winches,
Recommendation on requirements for all release mechanisms,
testing of life-saving life-saving appliances lifeboats, rescue
appliances, IMO required by SOLAS. boats, automatic
Resolution MSC.81(70) disengaging devices,
as amended. and buoyant
apparatuses.
MSC Circ. 980, Provides a concise, Winches, davits,
Standardized life- standard format for lifeboats, rescue
saving appliance documenting prototype boats, release
evaluation and test testing. mechanisms, and
report forms. automatic disengaging
devices.
MSC/Circ. 1006, Provides an alternative Lifeboat and rescue
Guidelines On Fire to MIL-R-7575C and MIL- boat resins.
Test Procedures For R-21607E(SH) for the
Acceptance Of Fire- fire-resistance tests
Retardant Materials of FRP used in
For The Construction lifeboat construction.
Of Lifeboats.
MSC.1 Circ. 1205, Provides a standard Lifeboats, winches,
Guidelines for format for davits, lifeboats,
Developing Operation manufacturers to rescue boats, release
and Maintenance present their mechanisms, and
Manuals for Lifeboat Operations and automatic disengaging
Systems. Maintenance manuals. devices.
International Organization for 62:2008 Plastics-- Provides an alternative Lifeboat and rescue
Standardization (ISO). Determination of water test method to ASTM D boat resins.
absorption. 570.
175:1999 Plastics-- Provides an alternative Lifeboat and rescue
Methods of tests for test method to ASTM D boat resins.
the determination of 543.
the effects of
immersion in liquid
chemicals.
14125:1998 Fibre- Provides an alternative Lifeboat and rescue
reinforced plastic test method to ASTM D boat resins.
composites--Determinat 790.
ion of flexural
properties.
527-1:1993 Plastics-- Provides an alternative Lifeboat and rescue
Determination of test method to ASTM D boat resins.
tensile properties. 638.
604:2002 Plastics-- Provides an alternative Lifeboat and rescue
Determination of test method to ASTM D boat resins.
compressive properties. 695.
1172:1996 Textile-glass- Provides an alternative Lifeboat and rescue
reinforced plastics-- test method to ASTM D boat resins.
Prepregs, moulding 2584.
compounds and
laminates--Determinati
on of the textile-
glass and mineral-
filler content--
Calcination methods.
1183-1:2004 Plastics-- Provides an alternative Lifeboat and rescue
Methods for test method to ASTM D boat resins.
determining the 792.
density of non-
cellular plastics--
Part 1: Immersion
method, liquid
pyknometer method and
titration method.
1675:1985 Plastics-- Provides an alternative Lifeboat and rescue
Liquid resins-- test method to ASTM D boat resins.
Determination of 1045.
density by the
pyknometer method.
2039-1:2001 Provides an alternative Lifeboat and rescue
Determination of test method to ASTM D boat resins.
hardness--Part 1: Ball 2583.
indentation method.
[[Page 53471]]
2039-2:1987 Provides an alternative Lifeboat and rescue
Determination of test method to ASTM D boat resins.
hardness--Part 2: 2583.
Rockwell hardness.
2114:2000 Plastics Provides an alternative Lifeboat and rescue
(polyester resins) and test method to ASTM D boat resins.
paints and varnishes 1045.
(binders)--Determinati
on of partial acid
value and total acid
value.
2535:2001 Plastics-- Provides an alternative Lifeboat and rescue
Unsaturated-polyester test method of ASTM D boat resins.
resins--Measurement of 2471.
gel time at ambient
temperature.
2555:1989 Plastics-- Provides an alternative Lifeboat and rescue
Resins in the liquid test method to ASTM D boat resins.
state or as emulsions 1824.
or dispersions--
Determination of
apparent viscosity by
the Brookfield test
method.
15372:2000, Ships and Provides a standard for Rescue boats.
marine technology-- the textiles used in
Inflatable rescue the buoyancy chambers
boats--Coated fabrics of inflatable and
for inflatable rigid-hull inflatable
chambers. rescue boats.
15738:2002, Ships and Provides a standard for Liferafts.
marine technology--Gas inflation systems.
Inflation systems for
inflatable life-saving
appliances.
17339:2002, Ships and Provides sea anchor Liferafts.
marine technology--Sea construction standards.
anchors for survival
craft and rescue boats.
18813:2006, Ships and Provides construction Liferafts.
marine technology-- standards for various
Survival equipment for survival equipment
survival craft and items.
rescue boats.
Society of Automotive Engineers (SAE) J1527-93, Marine Fuel Provides a standard for Rescue boats.
Hoses. USCG type A fuel hoses
required on outboard
engines.
U.S. Military Specification.......... A-A-55308, Cloth And Provides a standard for Lifeboats.
Strip, Laminated Or the cloth used in
Coated, Vinyl Nylon Or foldable canopies on
Polyester, High partially enclosed
Strength, Flexible. lifeboats.
MIL-C-19663D: Cloth, Provides a standard Lifeboats and rescue
Woven Roving, For requirement for ``E'' boats.
Plastic Laminate, 4 glass woven textiles
AUG 1998. for use in FRP.
MIL-C-17415E--Cloth, Provides a standard for Liferafts.
Coated, and Webbing, materials to be used
Inflatable Boat and for canopy, seam tape,
Miscellaneous Use. inflatable floor, and
other inflatable and
structural components.
MIL-P-17549D(SH): Provides standard Lifeboats and rescue
Plastic Laminates, minimum mechanical boats.
Fibrous Glass properties of laminate
Reinforced, Marine, 31 samples taken from
AUG 1981. finished FRP
components, e.g. hull
& canopy.
MIL-P-19644 C--Plastic Provides plastic foam Buoyant apparatuses.
Molding Material standards.
(Polystyrene Foam,
Expanded Bead).
MIL-P-21929 B--Plastic Provides plastic foam Buoyant apparatuses.
Material, Cellular standards.
Polyurethane, Foam-In-
Place, Rigid (2 and 4
Pounds per Cubic Foot).
MIL-P-40619 A--Plastic Provides plastic foam Buoyant apparatuses.
Material, Cellular, standards.
Polystyrene (For
Buoyancy Applications).
MIL-R-7575 C--Resin, Provides standard Lifeboat and rescue
Polyester, Low testing protocols and boat resins.
Pressure Laminating, minimum mechanical
29 June 1966. properties of FRP test
samples for the
acceptance of
polyester resins used
in FRP laminates.
MIL-R-21607E(SH), Provides a standard for Lifeboat and rescue
Resins, Polyester, Low flame resistance of boat resins.
Pressure Laminating, resins used in FRP
Fire-Retardant, 25 May laminates.
1990.
[[Page 53472]]
MIL-R-24719(SH), Provides standard Lifeboat and rescue
Resins, Vinyl Ester, testing protocols and boat resins.
Low Pressure minimum mechanical
Laminating, 4 May 1989. properties of FRP test
samples for the
acceptance of vinyl
ester resins used in
FRP laminates.
Underwriters Laboratories (UL)....... 1102, Standard for Provides a standard for Rescue boats.
Nonintegral Marine permanent fuel tanks
Fuel Tanks. that are not part of
the hull.
1185, Standard for Provides a standard for Rescue boats.
Portable Marine Fuel portable fuel tanks
Tanks. typically used with
outboard engines.
----------------------------------------------------------------------------------------------------------------
4. Section 160.[subpart number]-7 Design, construction, and performance
of [name of lifesaving equipment addressed by the subpart]
Section 160.[subpart number]-7 would provide the detailed design,
construction, and performance requirements for each equipment type
addressed in the proposed new subparts. This section would contain the
IMO requirements and other requirements for specific equipment types.
The proposed new or revised requirements for each equipment type are
discussed in detail in Table 1: IMO Standards and Coast Guard Proposed
Interpretations, above. Section 160.[subpart number]-7 would also
explicitly state that design, material, and construction equivalence
determinations may be made by the Commandant (CG-5214) only. See
proposed paragraph (c). This section would also contain equipment-
specific technical requirements as follows:
Proposed Sec. Sec. 160.115-7 and 160.132-7 (Launching Appliances--
Winches and Davits): The Coast Guard interpretations of the LSA Code
and Resolution MSC.81(70), as discussed above in Table 1: IMO Standards
and Coast Guard Proposed Interpretations, are taken directly from the
existing regulations for winches and davits contained in subparts
160.015 and 160.032, respectively. The Coast Guard would not retain
existing requirements from subparts 160.015 and 160.032 that are
adequately addressed by the LSA Code, requirements specific to
installation and arrangement that are addressed in the various vessel
and facility regulations in titles 33 and 46 of the CFR, and
requirements applicable to mechanical davits, which are not permitted
by the LSA Code and have become obsolete.
Proposed Sec. 160.135-7 (Lifeboats): This section would contain a
cross-reference to proposed new subpart 164.017 for the requirements
for fire retardant resins. Additionally, because this section would
incorporate the lifeboat design and performance requirements of the LSA
Code and Resolution MSC.81(70), and the Coast Guard interpretations of
those documents, as discussed above in Table 1: IMO Standards and Coast
Guard Proposed Interpretations, the Coast Guard would not retain
requirements in subpart 160.035 for certain types of obsolete lifeboats
as well as obsolete construction techniques. For example, the Coast
Guard would not retain requirements for lifeboats that are propelled
solely by oar or hand (e.g., Fleming gear), open lifeboats, lifeboats
with radio cabins, and steel assembly via riveting. Existing vessels
with these types of lifeboats may still be able to replace in-kind
provided they meet the criteria in titles 33 and 46 of the CFR.
The Coast Guard also proposes adding the installation of navigation
lights in Sec. 160.135-7, when applicable, on lifeboats. Chapter I,
Regulation 8(b)(ii) of SOLAS 74, as amended, requires surveys of
lifesaving appliances to ensure they are in compliance with the
International Regulations for Preventing Collisions at Sea (COLREGS).
COLREGS does not contain any exemptions to the navigation light
requirements for motor-driven survival craft or rescue boats.
Regulation 23 of COLREGS, however, does allow ``a power-driven vessel
of less than 7 meters in length whose maximum speed does not exceed 7
knots may in lieu of the lights prescribed in paragraph (a) of this
Rule exhibit an all-round white light and shall, if practicable, also
exhibit sidelights.'' There are modern lifeboats, as well as rescue
boats, that are 7 meters or longer and/or have maximum speeds of over 7
knots. The Coast Guard proposes to require the installation of
navigation lights on lifeboats and rescue boats, consistent with the
COLREGS requirements. While there is no specific mention of navigation
lights in the LSA Code or Resolution MSC.81(70), the Coast Guard
interprets SOLAS as requiring them.
Proposed Sec. 160.156-7 (Rescue Boats and Fast Boats): This
section would contain essentially identical technical requirements to
those for lifeboats in Sec. 160.135-7 with some requirements unique to
rescue boats. For example, the Coast Guard would add requirements for
coated cloth used in inflatable collars. However, consistent with the
LSA Code, air in the inflated collar of a rigid-hull inflatable rescue
boat would not be considered inherently buoyant material for the
purposes of meeting the LSA Code's requirement for additional buoyant
material in chapter IV/4.4.4. The Coast Guard would add fuel system
requirements unique to outboard gasoline engines, which are only
allowed on rescue boats, see Table 2: New and Updated Standards
Incorporated by Reference, above. Further, the requirement regarding
navigation lights for lifeboats would also apply to rescue boats. Also
unique to rescue boats would be the allowance to use automatic liferaft
disengaging devices approved under proposed subpart 160.170 when the
rescue boat is of a type suspended on a single fall. This is addressed
in Table 1: IMO Standards and Coast Guard Proposed Interpretations; see
also 46 CFR 199.160.
5. Section 160.[subpart number]-9 Preapproval review
This section would describe the procedures for requesting
preapproval review of a design for the type of lifesaving equipment
addressed by the proposed new subpart. Proposed paragraph (b) of this
section would contain manufacturer requirements for submitting an
application to the Commandant (CG-5214) for approval and clarify the
items required in the application. For all equipment, an application
for approval would include a master drawing list, detailed arrangement
and assembly drawings, a full bill of materials, structural
calculations, all required manuals, the proposed quality assurance
plan, the
[[Page 53473]]
name of the independent laboratory that will conduct prototype and
production oversight, and any additional details necessary to
demonstrate compliance with the applicable subpart.
Proposed paragraph (d) would contain specifications for plan
quality, and proposed paragraph (e) would require that any alternative
materials, parts, or construction must be clearly indicated in plans.
Proposed paragraph (f) of this section in each subpart states that
Coast Guard may suspend review of an application if they do not comply
with the requirements of this section.
Section 160.[subpart number]-9 would also contain the Coast Guard's
proposal that, in general, this review would be conducted by the
Commandant (CG-5214), although the Coast Guard may delegate the
preapproval review to an independent laboratory at the Coast Guard's
discretion. This proposal is discussed in more detail above in section
IV.B. Independent Laboratories.
6. Section 160.[subpart number]-11 Fabrication of prototype [name of
lifesaving equipment addressed by the subpart] for approval
This section would specify the procedures for the fabrication of
prototype equipment for approval and list the manufacturer's and
independent laboratory's responsibilities in that process. The
responsibilities would include requirements that a manufacturer
arranging for fabrication inspections and tests could do so only after
receiving notice of meeting the requirements of preapproval review. It
would also detail submission of the inspection report to the Commandant
(CG-5214). Because fabrication of lifeboats and rescue boats and fast
rescue boats is more complex as compared to fabrication of winches,
davits, release mechanisms, and automatic disengaging devices, and
encompasses certain features (such as fiberglass layup) that cannot be
reliably inspected in a finished product, oversight is required at this
phase to ensure compliance with the plans submitted for preapproval.
Therefore, this proposed section would only appear in proposed new
subparts 160.135 and 160.156. In proposed new subparts 160.115,
160.132, 160.133, and 160.170 this section would be reserved.
Section 160.[subpart number]-11 would also contain the Coast
Guard's proposal to delegate the performance of the oversight of the
prototype construction to the independent laboratory, which must
conduct its oversight in accordance with 46 CFR part 159, subpart
159.007. See proposed paragraph (b). This proposal is discussed in more
detail above in section IV.B. Independent Laboratories.
Proposed Sec. Sec. 160.135-11 (Lifeboats) and 160.156-11 (Rescue
boats): In these sections, the Coast Guard would require prototype
lifeboats and rescue boats constructed with FRP to be made with
unpigmented resins to allow the attending independent laboratory to
have a means to visually inspect the construction of the major FRP
components, and to be able to see any internal structural damage that
occurs during testing. The Coast Guard proposes that the attending
independent laboratory witness weighing of each major component
constructed of FRP before assembly with other components prior to
installation of buoyancy foam and then again with buoyancy foam in
place. The Coast Guard also proposes the attending independent
laboratory ensure any welding of structural components is accomplished
by qualified welders, see also proposed Sec. Sec. 160.135-7(b)(5) and
160.156-7(b)(4). Further, the Coast Guard proposes the attending
independent laboratory inspect the propulsion, steering, and water
spray and air support systems after their installation to ensure they
are in compliance with the approved prototype plans.
7. Section 160.[subpart number]-13 Approval inspections and tests for
prototype [name of lifesaving equipment addressed by the subpart]
This section would list the prototype tests required for approval
of lifesaving equipment addressed by the proposed new subparts. This
section would contain the minimum prototype tests required for approval
as set forth in part 1 of the IMO Revised recommendation on testing.
These tests, as well as Coast Guard interpretations of these tests, are
discussed in Table 1: IMO Standards and Coast Guard Proposed
Interpretations, above.
This section would also contain the Coast Guard's proposal that, in
general, the Coast Guard would witness all prototype testing, but the
Commandant (CG-5214) may delegate this function to an independent
laboratory on a case-by-case basis, as discussed above in section IV.B.
Independent Laboratories.
8. Section 160.[subpart number]-15 Production inspections, tests,
quality control, and conformance of [name of lifesaving equipment
addressed by the subpart]
This section would list the production tests that would be required
for each equipment type and the manufacturer's and independent
laboratory's responsibilities for production quality control of Coast
Guard approved equipment. This section would contain procedures and
standards for production tests as required by IMO Revised
recommendation on testing, part 2. Although part 2 addresses both
production tests and installation tests, which are performed after the
equipment is installed on the parent vessel, this rulemaking only
addresses production tests. Production testing would be conducted at
the manufacturing facility, prior to delivery to a vessel and is
required before the equipment would be marked as Coast Guard approved.
Specific production testing and quality control requirements for each
equipment type are discussed in Table 1: IMO Standards and Coast Guard
Proposed Interpretations, above. Section 160.[subpart number]-15 would
also address the manufacturer's responsibilities for maintaining and
keeping records associated with the production process.
Section 160.[subpart number]-15 would cross-reference 46 CFR part
159, subpart 159.007, which contains the Coast Guard's established
procedures for performing production inspections and tests, and
proposes to delegate the performance of production testing and
oversight of the manufacturer's quality control plan to the independent
laboratory, as discussed above in section IV.B. Independent
Laboratories.
9. Section 160.[subpart number]-17 Marking and labeling
Section 160.[subpart number]-17 would set forth the proposed
markings for approved equipment as required by the LSA Code and the IMO
Revised recommendation on testing. This section would dictate the
placement and contents of a plate or label for the specific lifesaving
equipment addressed by the proposed subpart. This section would require
that labeling be in English. The Coast Guard would require all
lifesaving equipment affected by this rule to be marked or stamped with
the following information: USCG-issued approval number, the word
``SOLAS'', manufacturer's name and address (address may be excluded on
release mechanisms for space constraints), identifying information of
the independent laboratory, model name and serial number, and month/
year of manufacture. The Coast Guard would require lifeboats and rescue
boats to be marked with the material of the hull construction, e.g.
FRP, their A and B weights (see Table 1: IMO Standards and Coast Guard
Proposed Interpretations above), and the number of persons it is
certificated to carry. The
[[Page 53474]]
Coast Guard would also require all launching appliances and release
mechanisms to be marked with their safe working loads. The Coast Guard
would also require liferaft automatic disengaging devices to be marked
with the number of the test certificate attesting to the static proof
test required by the Revised recommendation on testing, part 2/6.2.2.
10. Section 160.[subpart number]-19 Operating instructions and
information for the ship's training manual
Section 160.[subpart number]-19 would detail the Coast Guard
requirements for the information for the ship's training manual
required by SOLAS and would specify that IMO symbols be used to
describe location and operation of the equipment. This section would
also provide that the instructions and information may be combined with
other similar material, but they would have to be available in English
and be provided in the form of an instruction placard.
11. Section 160.[subpart number]-21 Operation and maintenance
instructions
Section 160.[subpart number]-21 would detail the Coast Guard
requirements for the operation and maintenance instructions required by
SOLAS and would specify that the instructions follow the general format
and content specified in IMO MSC.1 Circular 1205, include a checklist
for use in monthly, external visual inspections, and use IMO symbols to
describe location and operation of the equipment. This section also
would provide that the manual may be combined with other similar
material, but it must be available in English.
12. Section 160.[subpart number]-23 Procedure for approval of design,
material, or construction change
This section would contain the procedures for requesting approval
of a design, material, or construction change to approved equipment
addressed by that subpart. This section proposes that manufacturers
must submit plans for modifying an approved design following the same
procedures as for the original approval set forth in Sec. 160.[subpart
number]-9. This section also would require a prototype be built and
tested, in accordance with Sec. Sec. 160.[subpart number]-11 and
160.[subpart number]-13, unless waived by Commandant (CG-5214) if
deemed appropriate. Finally, this section proposes to explicitly state
that design, material, and construction equivalence determinations may
be made by the Commandant (CG-5214) only.
V. Incorporation by Reference
Material proposed for incorporation by reference appears in
proposed 46 CFR Sec. Sec. 160.010-1, 160.051-5, 160.115-5, 160.132-5,
160.133-5, 160.135-5, 160.151-5, 160.156-5, 160.170-5, and 164.017-5.
You may inspect this material at U.S. Coast Guard Headquarters where
indicated under ADDRESSES. Copies of the material are available from
the sources listed in paragraph (b) in each of those sections.
Before publishing a binding rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
VI. Regulatory Analyses
The Coast Guard developed this proposed rule after considering
numerous statutes and executive orders related to rulemaking. Below the
Coast Guard summarizes these analyses based on 13 of these statutes or
executive orders.
A. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. OMB has not reviewed it under that
Order.
A ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' is available in the docket where indicated under
the ``Public Participation and Request for Comments'' section of this
preamble. A summary of the analysis follows:
As previously discussed, the Coast Guard proposes to amend 46 CFR
part 160 to harmonize its regulations with IMO standards governing
certain types of lifesaving equipment. The Coast Guard also proposes to
incorporate the use of independent laboratories for Coast Guard
approval procedures for certain types of lifesaving equipment,
including requiring the use of independent laboratories at certain
stages of the approval procedures in lieu of Coast Guard personnel who
currently perform these inspections and witness these tests.
We expect the proposed changes to harmonize existing regulations
with international standards to have no additional costs for
manufacturers of lifesaving equipment. In order for their lifesaving
equipment to be used on vessels for international voyage from any
nation that is a SOLAS signatory, equipment manufacturers must
currently comply with the international standards for lifesaving
equipment established by SOLAS. We expect the proposed rule reflects
existing industry practices adopted in response to these international
standards governing the performance of certain types of lifesaving
equipment.
We expect the proposed changes to require the use of independent
laboratories in lieu of Coast Guard personnel would result in
additional costs for manufacturers of certain types of lifesaving
equipment.
Currently, the Coast Guard does not charge for its inspections
(although overseas manufacturing facilities reimburse the Coast Guard
for travel and subsistence costs of Coast Guard inspectors). The use of
independent laboratories required by this proposed rule would create a
new cost for manufacturers of lifesaving equipment. However, the costs
of inspections by independent laboratories would be partially offset by
an overall reduction in the number of inspections made possible through
the coordination of independent laboratories. Manufacturers would be
able to schedule inspections and testing for independent laboratories
acting on behalf of multiple nations, including the U.S., rather than
requiring separate Coast Guard inspections and testing by Coast Guard
inspectors. This coordinated use of independent laboratories would
avoid multiple inspections and testing of the same equipment (see the
``Independent Laboratories'' section for more details) .
We estimate the annual costs to manufacturers for using independent
laboratories are approximately $130,000 for U.S. firms and
approximately $683,000 for foreign firms (undiscounted). Over a 10-year
period of analysis, we estimate the total present value costs of the
rulemaking are approximately $913,000 for U.S. firms and approximately
$4.8 million for foreign firms, discounted at seven percent. We
estimate the total present value cost of the rulemaking to be about
$5.7 million over a 10-year period of analysis.
The other proposed changes, not resulting from harmonization with
internal standards or use of independent laboratories, update Coast
Guard regulations to reflect current practice or newer versions of
existing standards and have minimal costs. These include an amendment
specifying the attachment point for sea anchors to liferafts, and the
addition of a new subpart in 46 CFR part 164 addressing resins used in
the construction of lifeboats and rescue boats and incorporating the
use of equivalent
[[Page 53475]]
international standards as an alternative to national consensus
standards.
The benefits of the proposed rule include compliance with U.S.
obligations as a SOLAS signatory and removing inconsistencies between
international standards and the Coast Guard's current regulations. The
proposed rule also provides possible savings for manufacturers from
coordination efficiencies for inspections and increased efficiency for
the Coast Guard from greater flexibility in assigning its human
resources, particularly those stationed at overseas Coast Guard
offices.
The ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' available on the docket provides additional
detail on the costs and benefits of this rulemaking. The Coast Guard
urges interested parties to submit comments that specifically address
the economic impacts of this rulemaking. Comments can be made as
indicated in the ADDRESSES section.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
A combined ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' discussing the impact of this proposed rule on
small entities is available in the docket where indicated under the
``Public Participation and Request for Comments'' section of this
preamble.
We determined that six of the eight U.S. firms manufacturing
lifesaving equipment are classified as small entities under the Small
Business Administration size standards. We estimate the annual costs to
use independent laboratories is less than 0.5 percent of revenue for
five of the six small entities and less than 1.25 percent of revenue
for one of the six small entities. However, these estimates do not
include adjustments for manufacturer savings from the coordinated use
of independent laboratories that would avoid multiple inspections and
testing of the same equipment (see the ``Independent Laboratories''
section for more details).
Based on this information, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not have a significant economic
impact on a substantial number of small entities. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rule would have a significant economic
impact on it, please submit a comment to the Docket Management Facility
at the address under ADDRESSES. In your comment, explain why you think
it qualifies and how and to what degree this rule would economically
affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Mr. George Grills,
P.E., Commercial Regulation and Standard Directorate, Office of Design
and Engineering Standards, Lifesaving and Fire Safety Division (CG-
5214), Coast Guard, telephone 202-372-1385, or e-mail address
[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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
information collected under the proposed rule is addressed in the
existing collection of information, OMB control number 1625-0035, title
46 Subchapter Q: Lifesaving, Electrical, and Engineering Equipment,
Construction and Materials & Marine Sanitation Devices (33 CFR part
159), which was reviewed by OMB on May 27, 2009 and will expire after
the 3-year approval period ending on May 31, 2012, unless renewed. The
proposed rule would increase the total annual collection burden of the
existing collection of information by 1.2 percent. The current
authorized annual burden is 103,289 hours and the proposed rule would
increase the annual burden by approximately 1,221 hours.
The increase in the annual burden is not considered material or
substantive. To confirm this, the Coast Guard has submitted a change
worksheet (OMB Form 83-C) to OIRA noting the change in the annual
burden. The change worksheet is available in the docket where indicated
under the ``Public Participation and Request for Comments'' section of
this preamble.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility as indicated
under ADDRESSES, by the date under DATES.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
The U.S. Supreme Court has long recognized the field preemptive
impact of the Federal regulatory regime for inspected vessels. See,
e.g., Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and the
consolidated cases of United States v. Locke and Intertanko v. Locke,
529 U.S. 89, 113-116 (2000). Therefore the Coast Guard's view is that
regulations issued under the authority of 46 U.S.C. 3306 in the areas
of design, construction, alteration, repair, operation,
superstructures, hulls, fittings, equipment, appliances, propulsion
machinery, auxiliary machinery, boilers, unfired pressure vessels,
piping, electric installations, accommodations for passengers and crew,
sailing school instructors, sailing school students, lifesaving
equipment and its use, firefighting equipment, its use and
precautionary measures to guard against fire, inspections and tests
related to these areas and the use of vessel stores and other supplies
of a dangerous nature have preemptive effect over State regulation in
these fields, regardless of whether the Coast Guard has issued
regulations on the subject or not, and regardless of the existence of
conflict between the State and Coast Guard regulation.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, as these categories are within a field foreclosed
from regulation by the States
[[Page 53476]]
(see U.S. v. Locke, above), the Coast Guard recognizes the key role
State and local governments may have in making regulatory
determinations. Additionally, Sections 4 and 6 of Executive Order 13132
require that for any rules with preemptive effect, the Coast Guard
shall provide elected officials of affected State and local governments
and their representative national organizations the notice and
opportunity for appropriate participation in any rulemaking
proceedings, and to consult with such officials early in the rulemaking
process. Therefore, we invite affected State and local governments and
their representative national organizations to indicate their desire
for participation and consultation in this rulemaking process by
submitting comments to the docket using one of the methods specified
under ADDRESSES. In accordance with Executive Order 13132, the Coast
Guard will provide a federalism impact statement to document (1) the
extent of the Coast Guard's consultation with State and local officials
that submit comments to this proposed rule, (2) a summary of the nature
of any concerns raised by State or local governments and the Coast
Guard's position thereon, and (3) a statement of the extent to which
the concerns of State and local officials have been met.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, the Coast Guard does discuss the effects
of this rule elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
The Coast Guard has analyzed this proposed rule under Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks. This rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
The Coast Guard has analyzed this proposed rule under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. The Coast Guard has determined
that it is not a ``significant energy action'' under that order because
it is not a ``significant regulatory action'' under Executive Order
12866 and is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
L. International Trade Impacts
Under the Trade Agreement Act of 1979 (codified at 19 U.S.C. 2501
et seq.), agencies are prohibited from promulgating any standards or
engaging in related activities that create unnecessary obstacles to
foreign commerce. Because the proposed rule would have an effect on
foreign firms, we have also examined the costs and regulatory action to
determine if it would constitute an unnecessary obstacle to trade.
Because the overall costs are minimal, the requirement for third-party
inspections and testing is uniform across product classes, and the
requirement for independent third-party testing applies to both
domestic and overseas manufacturers, this rule does not constitute an
obstacle to trade or a non-tariff barrier to trade.
M. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
This proposed rule uses the following voluntary consensus
standards:
ASTM A 36/A 36M-08 Standard Specification for Carbon
Structural Steel;
ASTM A 216/A 216M-08 Standard Specification for Steel
Castings, Carbon, Suitable for Fusion Welding for High-Temperature
Service;
ASTM A 653/A 653M-08 Standard Specification for Steel
Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated
(Galvannealed) by the Hot-Dip Process;
ASTM B 127-05(2009) Standard Specification for Nickel-
Copper Alloy (UNS N04400) Plate, Sheet, and Strip;
ASTM B 209-07 Standard Specification for Aluminum and
Aluminum-Alloy Sheet and Plate;
ASTM D 543-06 Standard Test Method for Resistance of
Plastics to Chemical Reagents;
ASTM D 570-98(2005) Standard Test Method for Water
Absorption of Plastics;
ASTM D 638-08 Standard Test Method for Tensile Properties
of Plastics;
ASTM D 695-08 Standard Test Method for Compressive
Properties of Rigid Plastics;
ASTM D 790-07e1 Standard Test Methods for Flexural
Properties of Unreinforced and Reinforced Plastics and Electrical
Insulating Materials;
ASTM D 792-08 Standard Test Methods for Density and
Specific Gravity (Relative Density) of Plastics by Displacement;
ASTM D 1045-08 Standard Methods of Sampling and Testing
Plasticizers used in Plastics;
ASTM D 1824-95(2002) Standard Test Method for Apparent
Viscosity of Plastisols and Organosols at Low Shear Rates;
ASTM D 2471-99 Standard Test Method for Gel Time and Peak
Exothermic Temperature of Reacting Thermosetting Resins;
ASTM D 2583-07 Standard Test Method for Indentation
Hardness of Rigid Plastics by Means of a Barcol Impressor;
ASTM D 2584-08 Standard Test Method of Ignition Loss for
Cured Reinforced Resins;
ASTM D 4029-09 Standard Specification for Finished Woven
Glass Fabrics;
[[Page 53477]]
ASTM F 1014-02(2007) Standard Specification for
Flashlights on Vessels;
ASTM F 1166-07 Standard Practice for Human Engineering
Design for Marine Systems, Equipment, and Facilities;
ASTM G 154-06 Standard Practice for Operating Fluorescent
Light Apparatus for UV Exposure of Nonmetallic Materials;
International Life-Saving Appliance Code, (IMO Resolution
MSC.48(66), as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85));
IMO Resolution A.657(16) Instructions for Action in
Survival Craft;
IMO Resolution A.658(16) Use and Fitting of Retro-
reflective Materials on Life-saving Appliances;
IMO Resolution A.760(18) Symbols Related to Life-Saving
Appliances and Arrangements;
IMO Resolution MSC.81(70), Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85);
MSC Circular 980, Standardized life-saving appliance
evaluation and test report forms;
MSC Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats;
MSC.1 Circular 1205, Guidelines for Developing Operation
and Maintenance Manuals for Lifeboat Systems;
ISO 62:2008 Plastics--Determination of water absorption;
ISO 175:1999 Plastics--Methods of test for the
determination of the effects of immersion in liquid chemicals;
ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties;
ISO 527-1:1993 Plastics--Determination of tensile
properties;
ISO 604:2002 Plastics--Determination of compressive
properties;
ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs,
moulding compounds and laminates--Determination of the textile-glass
and mineral-filler content--Calcination methods;
ISO 1183-1:2004 Plastics--Methods for determining the
density of non-cellular plastics--Part 1: Immersion method, liquid
pyknometer method and titration method;
ISO 1675:1985 Plastics--Liquid resins--Determination of
density by the pyknometer method;
ISO 2039-1:2001 Determination of hardness--Part 1: Ball
indentation method;
ISO 2039-2:1987 Determination of hardness--Part 2:
Rockwell hardness;
ISO 2114:2000 Plastics (polyester resins) and paints and
varnishes (binders)--Determination of partial acid value and total acid
value;
ISO 2535:2001 Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature;
ISO 2555:1989 Plastics--Resins in the liquid state or as
emulsions or dispersions--Determination of apparent viscosity by the
Brookfield test method;
ISO 15372:2000 Ships and marine technology--Inflatable
rescue boats--Coated fabrics for inflatable chambers;
ISO 15738:2002 Ships and marine technology--Gas inflation
systems for inflatable life-saving appliances;
ISO 17339:2002 Ships and marine technology--Sea anchors
for survival craft and rescue boats;
ISO 18813:2006 Ships and marine technology--Survival
equipment for survival craft and rescue boats;
SAE J1527-93, Marine Fuel Hoses;
UL 1102, Standard for Nonintegral Marine Fuel Tanks; and
UL 1185, Standard for Portable Marine Fuel Tanks.
The proposed sections that reference these standards and the
locations where these standards are available are listed in 46 CFR
160.010-1, 160.115-5, 160.132-5, 160.133-5, 160.135-5, 160.151-5,
160.156-5, 160.170-5, and 164.017-5.
This proposed rule also uses technical standards other than
voluntary consensus standards. The Coast Guard proposes to use the
below-listed standards issued by the Department of Defense and the
General Services Administration because the Coast Guard did not find
voluntary consensus standards that fulfill the purpose of these
standards as applicable to the proposed rule:
A-A 55308 Cloth And Strip, Laminated Or Coated, Vinyl
Nylon Or Polyester, High Strength, Flexible;
Federal Standard 595C--Colors Used in Government
Procurement;
MIL-C-17415E--Cloth, Coated, and Webbing, Inflatable Boat
and Miscellaneous Use;
MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4
AUG 1998;
MIL-P-17549D(SH): Plastics Laminates, Fibrous Glass
Reinforced, Marine, 31 AUG 1981;
MIL-P-19644 C--Plastic Molding Material (Polystyrene Foam,
Expanded Bead);
MIL-P-21929 B--Plastic Material, Cellular Polyurethane,
Foam-In-Place, Rigid (2 and 4 Pounds per Cubic Foot);
MIL-P-40619 A--Plastic Material, Cellular, Polystyrene
(For Buoyancy Applications);
MIL-R-7575 C, Resin, Polyester, Low Pressure Laminating,
29 June 1966;
MIL-R-21607E(SH), Resins, Polyester, Low Pressure
Laminating, Fire-Retardant; 25 May 1990; and
MIL-R-24719(SH), Resins, Vinyl Ester, Low Pressure
Laminating, 4 May 1989.
If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards the Coast Guard has not listed that might
apply.
N. Environment
The Coast Guard has analyzed this proposed rule under Department of
Homeland Security Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule involves requiring manufacturers of lifesaving equipment to use
qualified independent laboratories and updating technical requirements
for some lifesaving equipment. As such, it would be categorically
excluded under Section 2.B.b, Figure 2.1 paragraph (34)(b) and (d), of
the Instruction, which covers regulations concerning delegating
authority, manning, documents, admeasurements, inspection, and
equipping of vessels; and paragraph 6(a) of the National Environmental
Policy Act: Coast Guard Procedures for Categorical Exclusions (67 FR
141, 48243 (July 23, 2002)), which covers regulations concerning vessel
operation safety standards because this rule pertains to regulations
concerning delegating authority and the inspection and equipping of
vessels, as well as vessel operation safety standards, equipment
approval, and equipment carriage requirements. The Coast Guard seeks
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
[[Page 53478]]
List of Subjects
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 117
Marine safety, Passenger vessels.
46 CFR Part 133
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 160
Marine safety, Incorporation by reference, Reporting and
recordkeeping requirements.
46 CFR Part 164
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.
46 CFR Part 180
Marine safety, Passenger vessels.
46 CFR Part 199
Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 108, 117, 133, 160, 164, 180, and 199 as follows:
PART 108--DESIGN AND EQUIPMENT
1. The authority citation for part 108 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of
Homeland Security Delegation No. 0170.1.
2. Revise Sec. 108.550(a) to read as follows:
Sec. 108.550 Survival craft launching and recovery arrangements:
General.
(a)(1) Each launching appliance must be a davit approved under 46
CFR part 160, subpart 160.132 for use with the intended craft, with a
winch approved under 46 CFR part 160, subpart 160.115 for use with the
intended craft.
(2) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
(i) A launching appliance described in (a)(1) of this section; or
(ii) A launching appliance approved on or before (EFFECTIVE DATE OF
FINAL RULE) under approval series 160.163.
* * * * *
PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS
3. The authority citation for part 117 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
4. In Sec. 117.150, revise paragraph (a) and add paragraph (c) to
read as follows:
Sec. 117.150 Survival craft embarkation arrangements.
(a) A launching appliance described in paragraph (c) of this
section, or a marine evacuation system approved under approval series
160.175, must be provided for each inflatable liferaft and inflatable
buoyant apparatus when either--
* * * * *
(c) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
(1) A davit approved under 46 CFR part 160, subpart 160.132 for use
with a liferaft, with a winch approved under 46 CFR part 160, subpart
160.115 for use with a liferaft; or
(2) A launching appliance approved on or before (EFFECTIVE DATE OF
FINAL RULE) under approval series 160.163.
PART 133--LIFESAVING SYSTEMS
5. The authority citation for part 133 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security
Delegation No. 0170.1.
6. Revise Sec. 133.150(b) to read as follows:
Sec. 133.150 Survival craft launching and recovery arrangements:
General.
* * * * *
(b)(1) Each launching appliance must be a davit approved under 46
CFR part 160, subpart 160.132 for use with the intended craft, with a
winch approved under 46 CFR part 160, subpart 160.115 for use with the
intended craft.
(2) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
(i) A launching appliance described in (b)(1) of this section; or
(ii) A launching appliance approved on or before (EFFECTIVE DATE OF
FINAL RULE) under approval series 160.163.
* * * * *
PART 160--LIFESAVING EQUIPMENT
7. The authority citation for part 160 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 160.010--Buoyant Apparatus for Merchant Vessels
8. Revise Sec. 160.010-1 to read as follows:
Sec. 160.010-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST, SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) General Services Administration, Federal Acquisition Service,
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor,
Arlington, VA 22202, 703-605-5400.
(1) Federal Standard 595C--Colors Used in Government Procurement,
IBR approved for Sec. 160.010-5 (``FED-STD-595C'').
(2) [Reserved]
(c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. 160.010-3 (``IMO LSA Code'').
(2) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. 160.010-3 (``IMO
Revised recommendation on testing'').
(d) Military Specifications and Standards, Standardization Order
Desk, Building 4D, 700 Robins Avenue,
[[Page 53479]]
Philadelphia, PA 19111-5094, https://assist.daps.dla.mil/quicksearch/.
(1) MIL-P-19644 C--Plastic Molding Material (Polystyrene Foam,
Expanded Bead), IBR approved for Sec. 160.010-5 (``MIL-P-19644 C'').
(2) MIL-P-21929 B--Plastic Material, Cellular Polyurethane, Foam-
In-Place, Rigid (2 and 4 Pounds per Cubic Foot), IBR approved for Sec.
160.010-5 (``MIL-P-21929 B'').
(3) MIL-P-40619 A--Plastic Material, Cellular, Polystyrene (For
Buoyancy Applications), IBR approved for Sec. 160.010-5 (``MIL-P-40619
A'').
(4) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating,
Fire-Retardant, 25 May 1990, IBR approved for Sec. 160.010-5 (``MIL-R-
21607E(SH)'').
9. In Sec. 160.010-2, revise the definition for ``Commandant'' to
read as follows:
Sec. 160.010-2 Definitions.
* * * * *
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST, SW., STOP 7126, WASHINGTON, DC 20593-7126.
* * * * *
10. Sec. In 160.010-3--
a. In paragraph (a)(1), remove the words ``(SOLAS Chapter III,
regulation 38, paragraph 1.5 (III/38.1.5))'' and add, in their place,
the words ``(IMO LSA Code, Chapter IV/4.1.1.5 (incorporated by
reference, see Sec. 160.010-1))'';
b. In paragraph (a)(2), remove the words ``(Regulation III/
38.2.1)'' and add, in their place, the words ``(IMO LSA Code, Chapter
IV/4.1.2.1)'';
c. In paragraph (a)(3), remove the words ``(Regulation III/
39.2.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter
IV/4.2.2.2)'';
d. In paragraph (a)(4), remove the words ``(Regulation III/
39.5.1)'' and add, in their place, the words ``IMO LSA Code, Chapter
IV/4.2.5.4'';
e. In paragraph (a)(5), remove the words ``(Regulation III/
39.5.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter
IV/4.2.5.2)'';
f. In paragraph (a)(9), remove the words ``(Regulation III/
39.4.1)'' and add, in their place, the words ``(IMO LSA Code, Chapter
IV/4.2.4.1)'';
g. In paragraph (a)(10), remove the words ``(Regulation III/
39.4.2)'' and add, in their place, the words ``(IMO LSA Code, Chapter
IV/4.2.4.2)'';
h. In paragraph (a)(11), remove the symbol ``Sec. '' and add, in
its place, the words ``46 CFR''; and remove the words ``of this
subchapter'';
i. In paragraph (a)(12), in the introductory text after the word
``Equipment'', remove the words ``(Regulation III/38.5.1)''; and in the
last sentence in the introductory text, remove the words ``Regulation
III/38.5.1'' and add, in their place, the words ``IMO LSA Code, Chapter
IV/4.1.5'';
j. In paragraph (a)(13), remove the words ``(Regulations III/
39.7.3.4, III/39.7.3.5, and III/39.8.6)''; after the words
``requirements of Sec. 160.151-33'', add the words ``as well as IMO
LSA Code, Chapter IV/4.2.6.3 and 4.2.7.1.6''; and remove the words
``regulation III/39.8.6'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.2.7.1.6'';
k. In paragraph (a)(14), remove the words ``IMO Resolution
A.689(17)'' and add, in their place, the words ``IMO Revised
recommendation on testing (incorporated by reference, see Sec.
160.010-1)'';
l. In paragraphs (a)(15) and (a)(16), remove the words ``IMO
Resolution A.689(17)'' and add, in their place, the words ``IMO Revised
recommendation on testing'';
m. In paragraph (e) introductory text, remove the words ``under the
IMO International Code of Safety for High-Speed Craft (HSC Code)''; and
remove the words ``Annex 10 to the HSC Code'' and add, in their place,
the words ``Annex 11 to IMO Res. MSC.97(73)''; and
n. Add paragraph (e)(9) to read as follows:
Sec. 160.010-3 Inflatable buoyant apparatuses.
* * * * *
(e) * * *
(9) Stability. It must be fitted with stability pockets, in
accordance with IMO LSA Code Chapter IV/4.2.5.4.
Sec. 160.010-4 [Amended]
11. In Sec. 160.010-4--
a. In paragraph (g), remove the word ``(1/4in.)'' and add, in its
place, the words ``(1/4 in.)''; and
b. In paragraph (n), remove the words ``sections 13 and 14 of the
``Color Names Dictionary'''' and add, in their place, the words
``sections 13 and 14 of FED-STD-595C (incorporated by reference, see
Sec. 160.010-1)''.
Sec. 160.010-5 [Amended]
12. In Sec. 160.010-5--
a. In paragraph (b) introductory text, remove the text ``(CG-521)''
and add, in its place, the text ``(CG-5214)'';
b. In paragraph (b)(2), remove the text ``MIL-P-19644'' and add, in
its place, the text ``MIL-P-19644 C (incorporated by reference, see
Sec. 160.010-1)'';
c. In paragraph (b)(3), remove the text ``MIL-P-21929'' and add, in
its place, the text ``MIL-P-21929 B (incorporated by reference, see
Sec. 160.010-1)'';
d. In paragraph (b)(4), remove the text ``MIL-P-40619'' and add, in
its place, the text ``MIL-P-40619 A (incorporated by reference, see
Sec. 160.010-1)'';
e. In paragraph (c)(1), remove the text ``MIL-P-21607'' and add, in
its place, the text ``MIL-P-21607E(SH) (incorporated by reference, see
Sec. 160.010-1)''; and remove the text ``(G-MSE)'' and add, in its
place, the text ``(CG-5214)''; and
f. In paragraphs (c)(2) and (c)(3), remove the text ``(CG-521)''
and add, in its place, the text ``(CG-5214)''.
Sec. 160.010-7 [Amended]
13. In Sec. 160.010-7(a), remove the text ``CG-512'' and add, in
its place, the text ``CG-5214''.
Subpart 160.015 [Removed and Reserved]
14. Remove and reserve subpart 160.015.
Subpart 160.032 [Removed and Reserved]
15. Remove and reserve subpart 160.032.
Subpart 160.033 [Removed and Reserved]
16. Remove and reserve subpart 160.033.
Subpart 160.035 [Removed and Reserved]
17. Remove and reserve subpart 160.035.
Subpart 160.051--Inflatable Liferafts for Domestic Service
18. Revise Sec. 160.051-1 to read as follows:
Sec. 160.051-1 Scope.
(a) This subpart prescribes requirements for approval by the Coast
Guard of A, B, and Coastal Service inflatable liferafts for use only in
domestic service. These liferafts must comply with all of the
requirements for SOLAS A and SOLAS B liferafts in subpart 160.151
except as specified in this subpart.
(b) This subpart does not apply to any A, B, and Coastal Service
inflatable liferaft for use only in domestic service that has been
approved by the Coast Guard before (EFFECTIVE DATE OF FINAL RULE), so
long as the liferaft satisfies the annual servicing requirements set
forth in 46 CFR 160.151-57.
19. In Sec. 160.051-3, add the definition for ``Commandant'', in
alphabetical order, as follows:
[[Page 53480]]
Sec. 160.051-3 Definitions.
* * * * *
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-1726.
20. Redesignate Sec. Sec. 160.051-5, 160.051-7, and 160.051-9 as
Sec. Sec. 160.051-7, 160.051-9, and 160.051-11, respectively.
21. Add new Sec. 160.051-5 to read as follows:
Sec. 160.051-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) International Maritime Organization (IMO) Publications Section,
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735
7611, http://www.imo.org/.
(1) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. Sec. 160.051-7 and 160.051-9 (``IMO
LSA Code'').
(2) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.051-7,
160.051-9, and 160.051-11 (``IMO Revised recommendation on testing'').
Sec. 160.051-7 [Amended]
22. In newly redesignated Sec. 160.051-7--
a. In paragraph (a), remove the words ``Regulation III/38.1.5'' and
add, in their place, the words ``IMO LSA Code Chapter IV/4.1.1.5,
(incorporated by reference, see Sec. 160.051-5)'';
b. In paragraph (b), remove the first instance of the words
``Regulation III/38.1.5.5'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.1.5.5''; and after the words ``the viewing
port'', remove the words ``described in Regulation III/38.1.5.5'';
c. In paragraph (c), remove the first instance of the words
``Regulation III/38.1.5.6'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.1.5.6''; and after the words ``means of
rainwater collection'', remove the words ``described in Regulation III/
38.1.5.6'';
d. In paragraph (d), remove the words ``Regulation III/38.2.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.2.1'';
e. In paragraph (e), remove the words ``Regulation III/39.2.2'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.2.2'';
f. In paragraph (f), remove the words ``Regulation III/39.4.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.4.1'';
g. In paragraph (g), remove the words ``Regulation III/39.5.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.5'';
h. In paragraph (h), remove the first instance of the words
``Regulation III/39.6.3'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.1.3.4''; and after the words ``controlled interior
lamp'', remove the words ``described in Regulation III/39.6.3'';
i. In paragraph (i), remove the words ``Regulations III/39.7.3.4
and III/39.7.3.5'' and add, in their place, the words ``IMO LSA Code,
Chapter IV/4.2.3.6'';
j. In paragraph (j), remove the words ``IMO Resolution A.689(17)''
and add, in their place, the words ``IMO Revised recommendation on
testing (incorporated by reference, see Sec. 160.051-5)''; and
k. In paragraphs (k) and (l), remove the words ``IMO Resolution
A.689(17)'' and add, in their place, the words ``IMO Revised
recommendation on testing''.
Sec. 160.051-9 [Amended]
23. In newly redesignated Sec. 160.051-9--
a. In paragraph (a), remove the words ``Regulation III/38.2.1'' and
add, in their place, the words ``IMO LSA Code Chapter IV/4.1.2.1''; and
b. In paragraph (b), remove the words ``Regulations III/39.7.3.4
and III/39.7.3.5'' and add, in their place, the words ``IMO LSA Code,
Chapter IV/4.2.6.3''.
Sec. 160.051-11 [Amended]
24. In newly redesignated Sec. 160.051-11, in paragraph (f),
remove the words ``IMO Resolution A.689(17)'' and add, in their place,
the words ``IMO Revised recommendation on testing (incorporated by
reference, see Sec. 160.051-5)''.
25. Add subpart 160.115 to read as follows:
Subpart 160.115--Launching Appliances--Winches
Sec.
160.115-1 Scope.
160.115-3 Definitions.
160.115-5 Incorporation by reference.
160.115-7 Design, construction, and performance of winches.
160.115-9 Preapproval review.
160.115-11 [Reserved]
160.115-13 Approval inspections and tests for prototype winches.
160.115-15 Production inspections, tests, quality control, and
conformance of winches.
160.115-17 Marking and labeling.
160.115-19 Operating instructions and information for the ship's
training manual.
160.115-21 Operation and maintenance instructions.
160.115-23 Procedure for approval of design or material change.
Subpart 160.115--Launching Appliances--Winches
Sec. 160.115-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of a winch used in conjunction with a
davit approved under 46 CFR part 160, subpart 160.132 for lifeboats
approved under 46 CFR part 160, subpart 160.135, liferafts approved
under 46 CFR part 160, subparts 160.051 or 160.151, and rescue boats
approved under 46 CFR part 160, subparts 160.056 or 160.156.
Sec. 160.115-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.115-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST. SW., STOP 7126, WASHINGTON, DC 20593-7126.
Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate
[[Page 53481]]
jurisdiction over a vessel for the purpose of performing the duties
previously described.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
Sec. 160.115-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST. SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) International Maritime Organization (IMO) Publications Section,
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735
7611, http://www.imo.org/.
(1) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. 160.115-19 (``IMO
Res. A.760(18)'').
(2) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. 160.115-7 (``IMO LSA Code'').
(3) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.115-7,
160.115-13, and 160.115-15 (``IMO Revised recommendation on testing'').
(4) MSC Circular 980, Standardized life-saving appliance evaluation
and test report forms, IBR approved for Sec. 160.115-13 (``IMO MSC
Circ. 980'').
(5) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.115-21 (``IMO MSC.1 Circ. 1205'').
Sec. 160.115-7 Design, construction, and performance of winches.
(a) To seek Coast Guard approval of a winch, a manufacturer must
comply with, and each winch must meet, the requirements of the
following--
(1) IMO LSA Code, Chapter I/1.2.2 and Chapter VI/6.1.1 and 6.1.2
(incorporated by reference, see Sec. 160.115-5) applicable to the
design and intended service of the winch;
(2) IMO Revised recommendation on testing, Part 1/8.1 (incorporated
by reference, see Sec. 160.115-5) applicable to the winch;
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each winch must meet each of the following requirements:
(1) Materials. (i) All gears must be machine cut and made of steel,
bronze, or other suitable materials properly keyed to shafts. The use
of cast iron is not permitted for these parts.
(ii) Metals in contact with each other must be either galvanically
compatible or insulated with suitable non-porous materials. Provisions
must also be made to prevent loosening or tightening resulting from
differences of thermal expansion, freezing, buckling of parts, galvanic
corrosion, or other incompatibilities.
(iii) Screws, nuts, bolts, pins, keys, and other similar hardware,
securing moving parts must be fitted with suitable lock washers, cotter
pins, or locks to prevent them from coming adrift.
(2) Bearings and gears. (i) Positive means of lubrication must be
provided for all bearings.
(ii) When worm gears are used, the worm wheel must operate in an
oil bath. Means to easily check the oil level in the gear case must be
provided.
(iii) The manufacturer must furnish a lubrication chart and a plate
attached to the winch indicating the lubricant recommended for extremes
in temperature.
(3) Guards. All moving parts must have suitable guards.
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests.
(5) Winch drums. (i) A winch must have grooved drums unless
otherwise approved by the Commandant.
(ii) The diameter of the drums must be at least 16 times the
diameter of the falls.
(iii) Drums must be so arranged as to keep the falls separate, and
to pay out the falls at the same rate. Clutches between drums are not
permitted unless bolted locking devices are used.
(6) Winch motors. For a winch powered by electric or hydraulic
motors, or portable power units such as air or electric drills--
(i) Positive means must be provided for controlling the power to
the winch, arranged so that the operator must hold the master switch or
controller in the ``on'' or ``hoist'' position for hoisting, and when
released, will immediately shut off the power;
(ii) A clutch must be fitted to disengage the power installation
during the lowering operation;
(iii) A means must be provided to disconnect power to the winch
before a hand crank can be engaged with the winch operating shaft, and
this interruption of power must be maintained while the hand crank is
so engaged;
(iv) The air or electric power outlet for a portable power unit
must be located adjacent to the winch where the unit is to be coupled,
and the outlet must be interconnected with, and protected by, the same
system of safety devices as required for a winch with built-in-motors;
(v) A main line emergency disconnect switch, the opening of which
disconnects all electrical potential to the winch, must be provided.
This switch must be located in a position accessible to the person in
charge of the boat stowage and must be in a position from which the
movement of both davit arms can be observed as they approach the final
stowed position;
(vi) Limit switches, one for each davit arm, must be provided to
limit the travel of the davit arms as they approach the final stowed
position. These switches must--
(A) Be so arranged that the opening of either switch will
disconnect all electrical potential of the circuit in which the
switches are connected;
(B) Be arranged to stop the travel of the davit arms not less than
12 inches from their final stowed position; and
(C) Remain open until the davit arms move outboard beyond the
tripping position of the switches;
(vii) Motor clutches, when used, must be of either frictional or
positive engaging type. When one motor is used for two winches, the
clutch must be so arranged that only one winch may be engaged at any
one time. The clutch operating lever must be capable of remaining in
any position when subject to vibration and must be so arranged that
when in neutral position both lifeboats may be lowered simultaneously;
(viii) Motors, switches, controls, and cables must be waterproof if
installed on an open deck. Controls may be of the
[[Page 53482]]
drip-proof type if installed in a deck house or under deck;
(ix) Hydraulic systems must be in accordance with 46 CFR part 58,
subpart 58.30; and
(x) Electrical installations must comply with 46 CFR 111.01-9,
111.01-11, 111.01-19, 111.25, 111.55, 111.70, and 111.95.
(7) Quick return. For a winch used to launch an inflatable liferaft
means must be provided for rapidly retrieving the falls by hand power.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.115-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
winch, the manufacturer must submit an application to the Commandant
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must
submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision number, and issue date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Stress calculations for all load carrying parts;
(4) An operation, maintenance, and training manual as described in
Sec. Sec. 160.115-19 and 160.115-21 of this subpart;
(5) A description of the quality control procedures and
recordkeeping that will apply to the production of the winch, which
must include, but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication and joints,
including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved winch complies with the
approved plans and the requirements of this subpart;
(6) Any other drawing(s) necessary to show that the winch complies
with the requirements of this subpart;
(7) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the winch will be
constructed; and
(8) The name of the independent laboratory that will perform the
duties prescribed in Sec. 160.115-15 of this subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section, so long as the preapproval review is
conducted in accordance with the procedures agreed upon between the
independent laboratory and Commandant under 46 CFR part 159, subpart
159.010.
(d) Plan quality. All plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the winch meets the
construction requirements of this subpart;
(3) Accurately depict the proposed winch;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.115-11 [Reserved]
Sec. 160.115-13 Approval inspections and tests for prototype winches.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.115-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype winch and the approval inspections and tests required under
this section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notifications must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on winches or their component parts and materials
for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype--
(A) Conforms with the plans reviewed under Sec. 160.115-9 of this
subpart;
(B) Is constructed by the methods and with the materials specified
in the plans reviewed under Sec. 160.115-9 of this subpart; and
(C) When welding is part of the construction process, is
constructed by the welding procedure and materials as per the plans
reviewed under Sec. 160.115-9 of this subpart and the welders are
appropriately qualified;
(ii) Assuring that the quality-assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or tests; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of winches, together with records identifying the lot or
serial numbers of the winches in which such materials were used.
(d) Tests--(1) IMO Revised recommendation on testing. Each
prototype winch of each design must pass each of the tests described in
IMO Revised recommendation on testing, Part 1, paragraph 8.1
(incorporated by reference, see Sec. 160.115-5) applicable to winches.
(2) Visual inspection. Each winch must be visually inspected to
confirm--
(i) Compliance with this subpart;
(ii) Conformance with the examined plans; and
(iii) Ease of operation and maintenance.
(3) Hydraulic controls. If the winch motor includes a fluid power
and control system, a test of the hydraulic controls must be conducted
in accordance with 46 CFR 58.30-35.
(e) Test waiver. The Commandant may waive certain tests for a winch
[[Page 53483]]
similar in construction to a winch that has successfully completed the
tests.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.115-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted under paragraph (f) of this section) who witnessed the
testing, indicating that the report accurately describes the testing
and its results; and
(2) The final version of the plans required under Sec. 160.115-9
of this subpart in triplicate.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.115-15 Production inspections, tests, quality control, and
conformance of winches.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct or witness inspections, tests, and oversight
required by this section. Production inspections and tests of a winch
must be carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production winches are produced to the same standard, and in the same
manner, as the prototype winch approved by the Commandant. The
manufacturer's quality control personnel must not work directly under
the department or person responsible for either production or sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant a yearly report that contains the
following--
(i) Serial number and date of final assembly of each winch
constructed;
(ii) The name of the representative of the independent laboratory
(or Coast Guard inspector if required under paragraph (a) of this
section); and
(iii) Name of the vessel and company receiving the winch, if known;
(4) Ensure that the arrangement and materials entering into the
construction of the winch are in accordance with plans approved under
Sec. 160.115-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the winch, work or testing is performed on
winches or their component parts and materials, or records are retained
to meet the requirements of paragraph (c) of this section, below, for
the purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e) of this
section, and further conducts a visual inspection to verify that the
winches are being made in accordance with the plans approved under
Sec. 160.115-13(h) of this subpart and the requirements of this
subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each winch. The records must include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each document listed in Sec. 160.115-5 of this subpart;
(2) A copy of the approved plans, documentation, and
certifications;
(3) A current certificate of approval for each approved winch;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
winches, together with records identifying the serial numbers of the
winches in which such materials were used;
(5) Records of all structural welding and name of operator(s);
(6) Records of welder certificates, training, and qualifications;
(7) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(8) The serial number of each production winch, along with records
of its inspections and tests carried out under this section; and
(9) The original purchaser of each winch and the vessel on which it
was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under this
section for each Coast Guard-approved winch to be installed on a U.S.
flag vessel. If the manufacturer also produces winches for approval by
other maritime safety administrations, the inspections may be
coordinated with inspection visits for those administrations.
(e) Production inspections and tests.
(1) Each approved winch must be inspected and tested in accordance
with the procedures in 46 CFR part 159, subpart 159.007 and the brake
test described in IMO Revised recommendation on testing, Part 2,
paragraph 6.1.1 (incorporated by reference, see Sec. 160.115-5).
(2) The lowering tests described in IMO Revised recommendation on
testing, Part 2, paragraph 6.1 may be performed if the installation
height is known. If these tests are performed, the results must be in
accordance with 46 CFR 199.153(h) through (j).
Sec. 160.115-17 Marking and labeling.
(a) Each winch must be marked with a plate or label permanently
affixed in a conspicuous place readily accessible for inspection and
sufficiently durable to withstand continuous exposure to environmental
conditions at sea for the life of the winch.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Name and address of the manufacturer;
(2) Manufacturer's model identification;
[[Page 53484]]
(3) Name of the independent laboratory that witnessed the prototype
or production tests;
(4) Serial number of the winch;
(5) U.S. Coast Guard approval number;
(6) Month and year of manufacture;
(7) Safe working load of the winch; and
(8) Word ``SOLAS''.
Sec. 160.115-19 Operating instructions and information for the ship's
training manual.
(a) Each winch must have instructions and information for the
ship's training manual that use the symbols from IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.115-5) to describe the
location and operation of the winch.
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their complete launching systems.
(c) The winch manufacturer must make operating instructions and
information required by paragraph (a) of this section available in
English to the purchaser of a winch approved by the Coast Guard.
Sec. 160.115-21 Operation and maintenance instructions.
(a) Each winch must have operation and maintenance instructions
that--
(1) Follows the general format and content specified in IMO MSC.1
Circ. 1205 (incorporated by reference, see Sec. 160.115-5); and
(2) Includes a checklist for use in monthly, external visual
inspections of the winch.
(b) The winch manufacturer must make the manual required by
paragraph (a) of this section available in English to the purchaser of
a winch approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their complete launching systems.
Sec. 160.115-23 Procedure for approval of design or material change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.115-13(h) of this
subpart must be approved by the Commandant before being used in any
production winch. The manufacturer must submit any such change
following the procedures in Sec. 160.115-9 of this subpart, but
documentation on items that are unchanged from the plans approved under
46 CFR 159.005-13 and Sec. 160.115-13(h) of this subpart need not be
resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype winch with each change described in paragraph (a) of this
section must be made and tested according to the procedures for new
approvals in Sec. Sec. 160.115-9 through 160.115-13 of this subpart.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
26. Add subpart 160.132 to read as follows:
Subpart 160.132--Launching Appliances--Davits
Sec.
160.132-1 Scope.
160.132-3 Definitions.
160.132-5 Incorporation by reference.
160.132-7 Design, construction, and performance of davits.
160.132-9 Preapproval review.
160.132-11 [Reserved]
160.132-13 Approval inspections and tests for prototype davits.
160.132-15 Production inspections, tests, quality control, and
conformance of davits.
160.132-17 Marking and labeling.
160.132-19 Operating instructions and information for the ship's
training manual.
160.132-21 Operation and maintenance instructions.
160.132-23 Procedure for approval of design or material change.
Subpart 160.132--Launching Appliances--Davits
Sec. 160.132-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of a davit used in conjunction with a
winch approved under 46 CFR part 160, subpart 160.115 for lifeboats
approved under 46 CFR part 160, subpart 160.135, liferafts approved
under 46 CFR part 160, subparts 160.051 or 160.151, and rescue boats
approved under 46 CFR part 160, subparts 160.056 or 160.156.
Sec. 160.132-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.132-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
Independent laboratory has the same meaning as 46 CFR 169.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
Sec. 160.132-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural
Steel, IBR approved for Sec. 160.132-7 (``ASTM A 36'').
(2) ASTM A 216/A 216M-08 Standard Specification for Steel Castings,
Carbon, Suitable for Fusion Welding for High-Temperature Service, IBR
approved for Sec. 160.132-7 (``ASTM A 216'').
(c) International Maritime Organization (IMO) Publications Section,
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735
7611, http://www.imo.org/.
(1) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. 160.132-19 (``IMO
Res. A.760(18)'').
(2) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.132-7,
160.132-13, and 160.132-
[[Page 53485]]
15 (``IMO revised recommendation on testing'').
(3) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. 160.132-7 (``IMO LSA Code'').
(4) MSC Circular 980, Standardized life-saving appliance evaluation
and test forms, IBR approved for Sec. 160.132-13 (``IMO MSC Circ.
980'').
(5) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.132-21 (``IMO MSC.1 Circ. 1205'').
Sec. 160.132-7 Design, construction, and performance of davits.
(a) To seek Coast Guard approval of a davit, a manufacturer must
comply with, and each davit must meet, the requirements of following--
(1) IMO LSA Code Chapter I/1.2.2 and Chapter VI/6.1.1 through 6.1.5
(incorporated by reference, see Sec. 160.132-5) applicable to the
design and intended service of the davit;
(2) IMO Revised recommendation on testing, Part 1/8.1 (incorporated
by reference, see Sec. 160.132-5) applicable to the design and
intended service of the davit;
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each davit must meet the following requirements--
(1) Materials. Each major structural component of each davit must
be constructed of steel. Other materials may be used if accepted by the
Commandant as equivalent or superior--
(i) Structural steel made by the open-hearth or electric furnace
process must be in accordance with ASTM A 36 (incorporated by
reference, see Sec. 160.132-5);
(ii) Steel castings not intended for fusion welding must be in
accordance with ASTM A 36, Grades U-60-30, 60-30, 65-30, 65-35, and 70-
36;
(iii) Steel castings intended to be fabricated by fusion welding
must be in accordance with ASTM A 216 (incorporated by reference, see
Sec. 160.132-5), Grades WCA and WCB;
(iv) Cast iron must not be used in the construction of a davit; and
(v) Metals in contact with each other must be either galvanically
compatible or insulated with suitable non-porous materials. Provisions
must also be made to prevent loosening or tightening resulting from
differences of thermal expansion, freezing, buckling of parts, galvanic
corrosion, or other incompatibilities;
(2) Bearings. (i) Bearings must be of non-ferrous metal, or must be
of the roller or ball-bearing type;
(ii) Positive means of lubrication must be provided; and
(iii) The manufacturer must furnish a lubrication chart for each
davit together with a plate attached to the davit indicating the
lubricants recommended for extremes in temperature;
(3) Guards. All moving parts must have guards;
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests; and
(5) Hydraulic systems, if installed, must be in accordance with 46
CFR part 58, subpart 58.30.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.132-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
davit, the manufacturer must submit an application to the Commandant
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must
submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision issue, and date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Stress calculations for all load carrying parts;
(4) An operation, maintenance, and training manual as described in
Sec. Sec. 160.132-19 and 160.132-21 of this subpart;
(5) A description of the quality control procedures and
recordkeeping that will apply to the production of the davit, which
must include, but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication and joints,
including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved release mechanism complies with
the approved plans and the requirements of this subpart;
(6) Any other drawing(s) necessary to show that the davit complies
with the requirements of this subpart;
(7) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the davit will be
constructed; and
(8) The name of the independent laboratory that will perform the
duties prescribed in Sec. 160.132-15 of this subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section, so long as the preapproval review is
conducted in accordance with the procedures agreed upon between the
independent laboratory and Commandant under 46 CFR subpart 159.010.
(d) Plan quality. All plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the davit meets the
construction requirements of this subpart;
(3) Accurately depict the proposed davit;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.132-11 [Reserved]
Sec. 160.132-13 Approval inspections and tests for prototype davits.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.132-9 of this subpart is satisfactory to
the Commandant, the manufacturer may
[[Page 53486]]
proceed with fabrication of the prototype davit, and the approval
inspections and tests required under this section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notifications must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule with the cognizant OCMI that allows
for a Coast Guard inspector to travel to the site where the testing is
to be performed;
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on davits or their component parts and materials
for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype--
(A) Conforms with the plans reviewed under Sec. 160.132-9 of this
subpart;
(B) Is constructed by the methods and with the materials specified
in the plans reviewed under Sec. 160.132-9 of this subpart; and
(C) When welding is part of the construction process, is
constructed by the welding procedure and materials as per the plans
reviewed under Sec. 160.132-9 of this subpart and the welders are
appropriately qualified;
(ii) Assuring that the quality-assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or tests; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of davits, together with records identifying the lot or
serial numbers of the davits in which such materials were used.
(d) Tests--(1) IMO Revised recommendation on testing. Each
prototype davit of each design must pass each of the tests described in
IMO Revised recommendation on testing, Part 1, paragraph 8.1
(incorporated by reference, see Sec. 160.132-5) applicable to the
design and service of the davit.
(2) Visual inspection. Each davit must be visually inspected to
confirm--
(i) Compliance with this subpart;
(ii) Conformance with the examined plans; and
(iii) Ease of operation and maintenance.
(3) Hydraulic controls. If the davit design includes a fluid power
and control system, a test of the hydraulic controls must be conducted
in accordance with 46 CFR 58.30-35.
(e) Test waiver. The Commandant may waive certain tests for a davit
similar in construction to a davit that has successfully completed the
tests.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.132-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted by paragraph (f) of this section) who witnessed the testing,
indicating that the report accurately describes the testing and its
results; and
(2) The final version of the plans required under Sec. 160.132-9
of this subpart in triplicate.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.132-15 Production inspections, tests, quality control, and
conformance of davits.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct or witness inspections, tests, and oversight
required by this section. Production inspections and tests of davits
must be carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production davits are produced to the same standard, and in the same
manner, as the prototype davit approved by the Commandant. The
manufacturer's quality control personnel must not work directly under
the department or person responsible for either production or sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section),
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant a yearly report that contains the
following--
(i) Serial number and date of final assembly of each davit
constructed;
(ii) The name of the representative of the independent laboratory
(or Coast Guard inspector if required under paragraph (a) of this
section); and
(iii) Name of the vessel and company receiving the davit, if known;
(4) Ensure that the arrangement and materials entering into the
construction of the davit are in accordance with plans approved under
Sec. 160.132-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the davit, work or testing is performed on
davits or their component parts and materials, or records are retained
to meet the requirements of paragraph (c) of this section, below, for
the purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e) of this
section, and further conducts a visual inspection to verify that the
davits are being made in accordance with the plans approved under Sec.
160.132-13(h) of this subpart and the requirements of this subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all
[[Page 53487]]
items listed in this section for at least 5 years from the date of
termination of approval of each davit. The records must include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each document listed in Sec. 160.132-5 of this subpart;
(2) A copy of the approved plans, documentation, and
certifications;
(3) A current certificate of approval for each approved davit;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
davits, together with records identifying the serial numbers of davits
in which such materials were used;
(5) Records of all structural welding and name of operator(s);
(6) Records of welder certificates, training, and qualifications;
(7) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(8) The serial number of each production davit, along with records
of its inspections and tests carried out under this section; and
(9) The original purchaser of each davit and the vessel on which it
was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under this
section for each Coast Guard-approved davit to be installed on a U.S.-
flagged vessel. If the manufacturer also produces davits for approval
by other maritime safety administrations, the inspections may be
coordinated with inspection visits for those administrations.
(e) Production inspections and tests. Each approved davit must be
inspected and tested in accordance with the procedures in 46 CFR part
159, subpart 159.007 and the load test described in IMO Revised
recommendation on testing, Part 2, paragraph 6.1.1 (incorporated by
reference, see Sec. 160.132-5).
Sec. 160.132-17 Marking and labeling.
(a) Each davit must be marked with a plate or label permanently
affixed in a conspicuous place readily for inspection and sufficiently
durable to withstand continuous exposure to environmental conditions at
sea for the life of the davit.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Name and address of the manufacturer;
(2) Manufacturer's model identification;
(3) Name of the independent laboratory that witnessed the prototype
or production tests;
(4) Serial number of the davit;
(5) U.S. Coast Guard approval number;
(6) Month and year of manufacture;
(7) Safe working load of the davit; and
(8) Word ``SOLAS''.
Sec. 160.132-19 Operating instructions and information for the ship's
training manual.
(a) Each davit must have instructions and information for the
ship's training manual that use the symbols from IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.132-5) to describe the
location and operation of the davit.
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their complete launching systems.
(c) The davit manufacturer must make operating instructions and
information required by paragraph (a) of this section available in
English to the purchaser of a davit approved by the Coast Guard.
Sec. 160.132-21 Operation and maintenance instructions.
(a) Each davit must have operation and maintenance instructions
that--
(1) Follows the general format and content specified in IMO MSC.1
Circ. 1205 (incorporated by reference, see Sec. 160.132-5); and
(2) Includes a checklist for use in monthly, external visual
inspections of the davit.
(b) The davit manufacturer must make the manual required by
paragraph (a) of this section available in English to the purchaser of
a davit approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their complete launching systems.
Sec. 160.132-23 Procedure for approval of design or material change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.132-13(h) of this
subpart must be approved by the Commandant before being used in any
production davit. The manufacturer must submit any such change
following the procedures in Sec. 160.132-9 of this subpart, but
documentation on items that are unchanged from the plans approved under
46 CFR 159.005-13 and Sec. 160.115-13(h) of this subpart need not be
resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype davit with each change described in paragraph (a) of this
section must be made and tested according to the procedures for new
approvals in Sec. Sec. 160.132-9 through 160.132-13 of this subpart.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
27. Add subpart 160.133 to read as follows:
Subpart 160.133--Release Mechanisms for Lifeboats and Rescue Boats
(SOLAS)
Sec.
160.133-1 Scope.
160.133-3 Definitions.
160.133-5 Incorporation by reference.
160.133-7 Design, construction, and performance of release
mechanisms.
160.133-9 Preapproval review.
160.133-11 [Reserved]
160.133-13 Approval inspections and tests for prototype release
mechanisms.
160.133-15 Production inspections, tests, quality control, and
conformance of release mechanisms.
160.133-17 Marking and labeling.
160.133-19 Operating instructions and information for the ship's
training manual.
160.133-21 Operation and maintenance instructions.
160.133-23 Procedure for approval of design or material change.
Subpart 160.133--Release Mechanisms for Lifeboats and Rescue Boats
(SOLAS)
Sec. 160.133-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of a release mechanism used for davit-
launched and free-fall lifeboats approved under 46 CFR part 160,
subpart 160.135, and rescue boats approved under 46 CFR part 160,
subpart 160.156.
Sec. 160.133-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.133-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100
2nd St SW., Stop 7126, Washington, DC 20593-7126.
Full load means the weight of the complete lifeboat or rescue boat
including all required equipment, provisions, fuel, and the number of
persons for which it is approved. This is also known as the ``condition
B'' weight.
Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is
[[Page 53488]]
available from the Commandant and online at http://cgmix.uscg.mil.
Light load means the weight of the complete lifeboat or rescue boat
empty and does not include fuel, required equipment, or the equivalent
weight of persons. This is also known as the ``condition A'' weight.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
Sec. 160.133-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at Commandant (CG-5214), U.S. Coast Guard, 2100 2nd St, SW., Stop 7126,
Washington, DC 20593-7126 and is available from the sources indicated
in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural
Steel, IBR approved for Sec. 160.133-7 (``ASTM A 36'').
(2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet,
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by
the Hot-Dip Process, IBR approved for Sec. Sec. 160.133-7, 160.133-13,
and 160.133-15. (``ASTM A 653'').
(3) ASTM F 1166-07 Standard Practice for Human Engineering Design
for Marine Systems, Equipment, and Facilities, IBR approved for Sec.
160.133-7 (``ASTM F 1166'').
(c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom, +44
(0)20 7735 7611, http://www.imo.org/.
(1) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. 160.133-19 (``IMO
Res. A.760(18)'').
(2) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.133-7 and
160.133-13 (``IMO Revised recommendation on testing'').
(3) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. 160.133-7 (``IMO LSA Code'').
(4) MSC Circular 980, Standardized life-saving appliance evaluation
and test report forms, IBR approved for Sec. 160.133-13 (``IMO MSC
Circ. 980'').
(5) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.133-21 (``IMO MSC.1 Circ. 1205'').
Sec. 160.133-7 Design, construction, and performance of release
mechanisms.
(a) To seek Coast Guard approval of a release mechanism, a
manufacturer must comply with, and each release mechanism must meet,
the requirements of the following--
(1) IMO LSA Code, Chapter IV/4.4.7.6 (incorporated by reference,
see Sec. 160.133-5), and a release mechanism for free-fall lifeboats
must also meet the applicable provisions of Chapter VI/6.1.4;
(2) IMO Revised recommendation on testing, Part 1/6.9 (incorporated
by reference, see Sec. 160.133-5);
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each release mechanism must meet the following requirements--
(1) Design. All functions of the release mechanism, including
removal of interlocks, operation of the release handle, resetting the
hooks, and reattaching the falls to the hooks, must be designed to be
operable by persons wearing immersion suits;
(2) Each release mechanism should be designed following standard
human engineering practices described in ASTM F 1166 (incorporated by
reference, see Sec. 160.133-5). Design limits should be based on a
range from the fifth percentile female to the ninety-fifth percentile
male values for critical body dimensions and functional capabilities as
described in ASTM F 1166. The dimensions for a person wearing an
immersion suit correspond to the arctic clothed dimensions of ASTM F
1166;
(3) Steel. Each major structural component of each release
mechanism must be constructed of steel. Other materials may be used if
accepted by the Commandant as equivalent or superior. Sheet steel and
plate must be low-carbon, commercial quality, either corrosion
resistant or galvanized as per ASTM A 653 (incorporated by reference,
see Sec. 160.133-5), coating designation G115. Structural steel plates
and shapes must be carbon steel as per ASTM A 36 (incorporated by
reference, see Sec. 160.133-5). All steel products, except corrosion
resistant steel, must be galvanized to provide high-quality zinc
coatings suitable for the intended service life in a marine
environment. Each fabricated part must be galvanized after fabrication.
Corrosion resistant steel must be a standard 302 stainless steel or
have equal or superior corrosion resistant characteristics.
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests.
(5) Metals in contact with each other must be either galvanically
compatible or insulated with suitable non-porous materials. Provisions
must also be made to prevent loosening or tightening resulting from
differences of thermal expansion, freezing, buckling of parts, galvanic
corrosion, or other incompatibilities;
(6) Screws, nuts, bolts, pins, keys, and other similar hardware,
securing moving parts must be fitted with suitable lock washers, cotter
pins, or locks to prevent them from coming adrift;
(7) The on-load operation of the release mechanism must require two
separate, deliberate actions by the operator;
(8) The mechanical protection required by LSA Code Chapter IV/
4.4.7.6.2.2 must only be able to be engaged when the release mechanism
is properly and completely reset. Proper engagement of the mechanical
protection must be visually indicated;
(9) The release and recovery procedures required by LSA Code
Chapter IV/4.4.7.6.5 must be included as an illustrated operation
instruction
[[Page 53489]]
plate or placard. The plate or placard must be corrosion resistant and
weatherproof and must be marked with the word ``DANGER''. The
illustrations must correspond exactly to those used in the instruction
and maintenance manual provided by the manufacturer;
(10) The release lever or control must be red in color, and the
area immediately surrounding the control must be a sharply contrasting
light color;
(11) The release lever and its connection to the release mechanism
must be of sufficient strength so that there is no deformation of the
release lever or the release control assembly during on-load release;
(12) Positive means of lubrication must be provided for each
bearing which is not permanently lubricated. Points of lubrication must
be so located that they are clearly visible and accessible in the
installed position in the boat;
(13) A hydraulic system, if used to activate the release mechanism,
must be in accordance with 46 CFR part 58, subpart 58.30, with hose and
fittings in accordance with 46 CFR part 56, subpart 56.60, except
that--
(i) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and
FC332-X are not permitted;
(ii) The length of nonmetallic flexible hose is limited to 760 mm
(30 in); and
(iii) If a hand pump is provided, adequate space must be provided
for the hand pump or hand operation;
(14) Each release mechanism designed to launch a boat by free-fall
must not be able to carry any weight until the release mechanism is
properly reset, and each of the two independent activation systems
required to be operated from inside the boat must require at least two
independent actions from different locations inside the boat to release
the hook; and
(15) Each release mechanism must have mechanical protection against
accidental or premature release that can only be engaged when the
release mechanism is properly and completely reset. Proper engagement
of the mechanical protection must be visually indicated.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.133-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review, required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
release mechanism, the manufacturer must submit an application to the
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the
manufacturer must submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision issue, and date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Stress calculations for all load carrying parts, including the
release hooks, release mechanisms, and connections;
(4) Hydraulic systems drawings and specifications, if installed;
(5) Drawings of all signs and placards showing actual inscription,
format, color, and size;
(6) An operation, maintenance, and training manual as described in
Sec. Sec. 160.133-19 and 160.133-21 of this subpart;
(7) A description of the quality control procedures and
recordkeeping that will apply to the production of the release
mechanism, which must include but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication and joints,
including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved release mechanism complies with
the approved plans and the requirements of this subpart;
(8) Full details of any other unique capability;
(9) Any other drawing(s) necessary to show that the release
mechanism complies with the requirements of this subpart;
(10) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the release mechanism
will be constructed; and
(11) The name of the independent laboratory that will perform the
duties prescribed in Sec. 160.133-15 of this subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section, so long as the preapproval review is
conducted in accordance with the procedures agreed upon between the
independent laboratory and Commandant under 46 CFR part 159, subpart
159.010.
(d) Plan quality. The plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the release mechanism meets
the construction requirements of this subpart;
(3) Accurately depict the proposed release mechanism;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.133-11 [Reserved]
Sec. 160.133-13 Approval inspections and tests for prototype release
mechanisms.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.133-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype release mechanism, and the approval inspections and tests
required under this section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notification must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
[[Page 53490]]
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on release mechanisms or their component parts and
materials for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype--
(A) Conforms with the plans reviewed under Sec. 160.133-9 of this
subpart;
(B) Is constructed by the methods and with the materials specified
in the plans reviewed under Sec. 160.133-9 of this subpart; and
(C) When welding is part of the construction process, is
constructed by the welding procedure and materials as per the plans
reviewed under Sec. 160.133-9 of this subpart and the welders are
appropriately qualified;
(ii) Assuring that the quality-assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or tests; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of release mechanisms, together with records identifying the
lot or serial numbers of the release mechanisms in which such materials
were used.
(d) Tests--(1) Prototype release mechanism readiness. All tests
must be conducted on a complete release mechanism.
(2) IMO Revised recommendation on testing. Each prototype release
mechanism of each design must pass each of the tests described in IMO
Revised recommendation on testing, Part 1, paragraph 6.9 (incorporated
by reference, see Sec. 160.133-5) applicable to davit-launched or
free-fall lifeboats. Tests must be conducted in accordance with these
paragraphs of IMO Revised recommendation on testing, Part 1, with the
following modifications--
(i) Visual inspection. Each release mechanism must be visually
inspected to confirm--
(A) Compliance with this subpart;
(B) Conformance with the examined plans; and
(C) Ease of operation and maintenance;
(ii) Operation. Operation of the off-load control, for a davit-
launched boat, must be tested to confirm that the release lever cannot
be shifted to release the boat in either the full load or light load
condition. For a free-fall boat, the operation of the hook release must
be demonstrated using both activation systems and may be tested without
launching the boat;
(iii) Materials. Steel meeting ASTM A 653 (incorporated by
reference, see Sec. 160.133-5) must meet the coating mass and bend
tests requirement specified under ASTM A 653 after galvanizing or other
anti-corrosion treatment has been applied. This compliance can be
ascertained through a supplier's certification or by conducting actual
tests;
(iv) Tensile tests. The release mechanism hook assembly and
supporting structure must be tensile tested in a jig built to load the
hook assembly in the same way it would be loaded when installed in a
boat. The hook assembly will be approved for a maximum of one-sixth of
the highest load applied without failure;
(v) Universal joints. This test is required if the release
mechanism employs universal joints to transmit the release power from
the control to the hook release. One of each type and size of universal
joint must be set up in a jig with the angles of leads set at 0 (zero),
30, and 60 degrees, respectively. A torque of 540 Nm (400 ft lb) must
be applied. This torque must be applied with the connecting rod secured
beyond the universal and with the lever arm in the horizontal position.
There must be no permanent set, or undue stress, as a result of this
test; and
(vi) Hydraulic controls. If the release mechanism includes a fluid
power and control system, a test of the hydraulic controls must be
conducted in accordance with 46 CFR 58.30-35.
(e) Test waiver. The Commandant may waive certain tests for a
release mechanism identical in construction to smaller and larger
release mechanisms that have successfully completed the tests. However,
stress calculations in accordance with Sec. 160.133-9(b)(3) of this
subpart must still be submitted. Tests associated with release
mechanism components that have already been accepted by the Commandant
are not required to be repeated.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.133-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted under paragraph (f) of this section) who witnessed the
testing, indicating that the report accurately describes the testing
and its results; and
(2) The final plans of the release mechanism as built, in
triplicate. The plans must include the instructions for training and
maintenance described in Sec. Sec. 160.133-19 and 160.133-21 of this
subpart, respectively.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.133-15 Production inspections, tests, quality control, and
conformance of release mechanisms.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct or witness inspections, tests, and oversight
required by this section. Production inspections and tests of release
mechanisms must be carried out in accordance with the procedures for
independent laboratory inspection in 46 CFR part 159, subpart 159.007
and in this section, unless the Commandant authorizes alternative tests
and inspections. The Commandant may prescribe additional production
tests and inspections necessary to maintain quality control and to
monitor compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production release mechanisms are produced to the same standard, and in
the same manner, as the prototype release mechanism approved by the
Commandant. The manufacturer's quality control personnel must not work
directly under the department or person responsible for either
production or sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant, a yearly report that contains the
following--
[[Page 53491]]
(i) Serial number and date of final assembly of each release
mechanism constructed;
(ii) The name of the representative of the independent laboratory
(or Coast Guard inspector if required under paragraph (a) of this
section); and
(iii) Serial number and model of the lifeboat or rescue boat in
which the release mechanism is installed, if known;
(4) Ensure that the arrangement and materials entering into the
construction of the release mechanism are in accordance with plans
approved under Sec. 160.133-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the release mechanism, work or testing is
performed on release mechanism or their component parts and materials,
or records are retained to meet the requirements of paragraph (c) of
this section, for the purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e) of this
section, and further conducts a visual inspection to verify that the
release mechanisms are being made in accordance with the approved plans
approved under Sec. 160.133-13(h) of this subpart and the requirements
of this subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each release mechanism. The records must
include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each document listed in Sec. 160.133-5 of this subpart;
(2) A copy of the approved plans, documentation, and
certifications;
(3) A current certificate of approval for each approved release
mechanism;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
release mechanisms, together with records identifying the serial
numbers of the release mechanisms in which such materials were used;
(5) Records of all structural welding and name of operator(s);
(6) Records of welder certificates, training, and qualifications;
(7) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(8) The serial number of each production release mechanism, along
with records of its inspections and tests carried out under this
section; and
(9) The original purchaser of each release mechanism and the vessel
on which it was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under
paragraph (e) of this section for each Coast Guard-approved release
mechanism to be installed on a U.S.-flagged vessel. If the manufacturer
also produces release mechanisms for approval by other maritime safety
administrations, the inspections may be coordinated with inspection
visits for those administrations.
(e) Production inspections and tests. Each finished release
mechanism must be visually inspected. The manufacturer must develop and
maintain a visual inspection checklist designed to ensure that all
applicable requirements have been met. Each approved release mechanism
constructed with non-corrosion resistant steel must be confirmed to
have met the coating mass and bend tests requirement specified under
ASTM A 653 (incorporated by reference, see Sec. 160.133-5) after
galvanizing or other anti-corrosion treatment has been applied. This
compliance can be ascertained through a supplier's certification papers
or through conducting actual tests.
Sec. 160.133-17 Marking and labeling.
(a) Each hook body of a release mechanism must be marked with a
plate or label permanently affixed in a conspicuous place readily
accessible for inspection and sufficiently durable to withstand
continuous exposure to environmental conditions at sea for the life of
the release mechanism.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Manufacturer's name and model identification;
(2) Name of the independent laboratory that witnessed the prototype
or production tests;
(3) Serial number of the release mechanism;
(4) U.S. Coast Guard approval number;
(5) Month and year of manufacture;
(6) Safe working load of the release mechanism; and
(7) The word ``SOLAS.''
Sec. 160.133-19 Operating instructions and information for the ship's
training manual.
(a) Each release mechanism must have instructions and information
for the ship's training manual that use the symbols from IMO Res.
A.760(18) (incorporated by reference, see Sec. 160.133-5) to describe
the location and operation of the release mechanism.
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their launching systems.
(c) The release mechanism manufacturer must make the instructions
and information required by paragraph (a) of this section available--
(1) In English to purchasers of release mechanisms approved by the
Coast Guard; and
(2) In the form of an instruction placard providing simple
procedures and illustrations for operation of the release mechanism.
The placard must be not greater than 36 cm (14 in) by 51 cm (20 in),
and must be made of durable material and suitable for display inside a
lifeboat and rescue boat and/or near launching appliances on vessels.
Sec. 160.133-21 Operation and maintenance instructions.
(a) Each release mechanism must have operation and maintenance
instructions that--
(1) Follows the general format and content specified in IMO MSC.1
Circ. 1205 (incorporated by reference, see Sec. 160.133-5); and
(2) Includes a checklist for use in monthly, external visual
inspections of the release mechanism.
(b) The release mechanism manufacturer must make the manual
required by paragraph (a) of this section available in English to
purchasers of a release mechanism approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their launching systems.
Sec. 160.133-23 Procedure for approval of design, material, or
construction change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.133-13(h) of this
subpart must be approved by the Commandant before being used in any
production release
[[Page 53492]]
mechanism. The manufacturer must submit any such change following the
procedures set forth in Sec. 160.133-9 of this subpart, but
documentation on items that are unchanged from the plans approved under
46 CFR 159.005-13 and Sec. 160.133-13(h) of this subpart need not be
resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype release mechanism with each change described in paragraph (a)
of this section must be made and tested according to the procedures for
new approvals in Sec. Sec. 160.133-9 through 160.133-13 of this
subpart.
(c) Determinations of equivalence of design, material, or
construction will be made by the Commandant only.
28. Add subpart 160.135 to read as follows:
Subpart 160.135--Lifeboats (SOLAS)
Sec.
160.135-1 Scope.
160.135-3 Definitions.
160.135-5 Incorporation by reference.
160.135-7 Design, construction, and performance of lifeboats.
160.135-9 Preapproval review.
160.135-11 Fabrication of prototype lifeboats for approval.
160.135-13 Approval inspections and tests for prototype lifeboats.
160.135-15 Production inspections, tests, quality control, and
conformance of lifeboats.
160.135-17 Marking and labeling.
160.135-19 Operating instructions and information for the ship's
training manual.
160.135-21 Operation and maintenance instructions.
160.135-23 Procedure for approval of design or material change.
Subpart 160.135--Lifeboats (SOLAS)
Sec. 160.135-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of a lifeboat.
Sec. 160.135-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.135-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST, SW., STOP 7126, WASHINGTON, DC 20593-7126.
Fiberglass Reinforced Plastic (FRP) is a composite structural
material formed by electrical-grade glass fibers in Coast Guard
accepted catalyst activated resin.
Full load means the weight of the complete lifeboat including all
required equipment, provisions, fuel, and the number of persons for
which it is approved. This is also known as the ``condition B'' weight.
Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
Light load means the weight of the complete lifeboat empty and does
not include fuel, required equipment, or the equivalent weight of
persons. This is also known as the ``condition A'' weight.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
Positive Stability is the condition of a lifeboat such that when it
is displaced a small amount in any direction from upright, it returns
on its own to the position before displacement.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
Sec. 160.135-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
(1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural
Steel, IBR approved for Sec. Sec. 160.135-7 and 160.135-15 (``ASTM A
36'').
(2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet,
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by
the Hot-Dip Process, IBR approved for Sec. Sec. 160.135-7, 160.135-11,
and 160.135-15 (``ASTM A 653'').
(3) ASTM B 127-05(2009) Standard Specification for Nickel-Copper
Alloy (UNS N04400) Plate, Sheet, and Strip, IBR approved for Sec.
160.135-7 (``ASTM B 127'').
(4) ASTM B 209-07 Standard Specification for Aluminum and Aluminum-
Alloy Sheet and Plate, IBR approved for Sec. 160.135-7 (``ASTM B
209'').
(5) ASTM D 638-08 Standard Test Method for Tensile Properties of
Plastics, IBR approved for Sec. 160.135-11 (``ASTM D 638'').
(6) ASTM D 790-07e1 Standard Test Methods for Flexural Properties
of Unreinforced and Reinforced Plastics and Electrical Insulating
Materials, IBR approved for Sec. 160.135-11 (``ASTM D 970'').
(7) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured
Reinforced Resins, IBR approved for Sec. Sec. 160.135-11 and 160.135-
15 (``ASTM D 2584'').
(8) ASTM D 4029-09 Standard Specification for Finished Woven Glass
Fabrics, IBR approved for Sec. 160.135-7 (``ASTM D 4029'').
(9) ASTM F 1166-07 Standard Practice for Human Engineering Design
for Marine Systems, Equipment, and Facilities, IBR approved for
Sec. Sec. 160.135-7 and 160.135-13 (``ASTM F 1166'').
(c) General Services Administration, Federal Acquisition Service,
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor,
Arlington, VA 22202, 703-605-5400.
(1) Federal Standard 595C--Colors Used in Government Procurement,
IBR approved for Sec. 160.135-7 (``FED-STD-595C'').
(2) [Reserved]
(d) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) IMO Resolution A.658(16), Use and Fitting of Retro-reflective
Materials on Life-saving Appliances, IBR approved for Sec. 160.135-7
(``IMO Res. 658(16)'').
(2) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. Sec. 160.135-7 and
160.135-19 (``IMO Res. A.760(18)'').
(3) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for
[[Page 53493]]
Sec. Sec. 160.135-7 and 160.135-13 (``IMO Revised recommendation on
testing'').
(4) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. Sec. 160.135-7 and 160.135-13
(``IMO LSA Code'').
(5) MSC Circular 980, Standardized life-saving appliance evaluation
and test report forms, IBR approved for Sec. Sec. 160.135-7 and
160.135-13 (``IMO MSC Circ. 980'').
(6) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.135-21 (``IMO MSC.1 Circ. 1205'').
(e) International Organization for Standardization (ISO): ISO
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211
Geneve 20, Switzerland.
(1) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec. 160.135-11
(``ISO 14125'').
(2) ISO 527-1:1993 Plastics--Determination of tensile properties,
IBR approved for Sec. 160.135-11 (``ISO 527'').
(3) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs,
moulding compounds and laminates--Determination of the textile-glass
and mineral-filler content--Calcination methods, IBR approved for
Sec. Sec. 160.135-11 and 160.135-15 (``ISO 1172'').
(f) Military Specifications and Standards, Standardization Order
Desk, Building 4D, 700 Robins Avenue, Philadelphia, PA 19111-5094,
https://assist.daps.dla.mil/quicksearch/.
(1) A-A-55308 Cloth And Strip, Laminated Or Coated, Vinyl Nylon Or
Polyester, High Strength, Flexible, IBR approved for Sec. 160.135-7
(``A-A-55308'').
(2) MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4 AUG
1998, IBR approved for Sec. 160.135-7 (``MIL-C-19663D'').
(3) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced,
Marine, 31 AUG 1981, IBR approved for Sec. 160.135-7 (``MIL-P-
17549D(SH)'').
Sec. 160.135-7 Design, construction, and performance of lifeboats.
(a) To seek Coast Guard approval of a lifeboat, a manufacturer must
comply with, and each lifeboat must meet, the requirements of the
following--
(1) IMO LSA Code, Chapter IV (incorporated by reference, see Sec.
160.135-5) applicable to the type of lifeboat;
(2) IMO Revised recommendation on testing, Part 1/6 (incorporated
by reference, see Sec. 160.135-5) applicable to the type of lifeboat;
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each lifeboat must meet the following requirements:
(1) Design. (i) Each lifeboat, other than a totally enclosed
lifeboat, must be designed to be operable by persons wearing immersion
suits.
(ii) Each lifeboat should be designed following standard human
engineering practices described in ASTM F 1166 (incorporated by
reference, see Sec. 160.135-5). Design limits should be based on a
range from the fifth percentile female to the ninety-fifth percentile
male values for critical body dimensions and functional capabilities as
described in ASTM F 1166. The dimensions for a person wearing an
immersion suit correspond to the arctic clothed dimensions of ASTM F
1166.
(2) Visibility from operator's station. (i) The operator's station
must be designed such that the operator, when seated at the control
station, has visibility 360 degrees around the lifeboat, with any areas
obstructed by the lifeboat structure or its fittings visible by moving
the operator's head and torso.
(ii) The operator, while still being able to steer and control the
speed of the lifeboat, must be able to see the water--
(A) Over a 90 degree arc within 3 m (9 ft, 10 in) of each side of
the lifeboat;
(B) Over a 30 degree arc within 1 m (3 ft, 3 in) of each side of
the lifeboat; and
(C) Within 0.5 m (1 ft, 8 in) of the entrances designated for
recovering persons from the water.
(iii) In order to see a person in the water during recovery or
docking operations, a hatch must be provided so that the operator can
stand with his or her head outside the lifeboat for increased
visibility, provided the operator can still steer and control the speed
of the lifeboat.
(3) Construction. Each major rigid structural component of each
lifeboat must be constructed of steel, aluminum, Fiber Reinforced
Plastic (FRP), or materials accepted by the Commandant as equivalent or
superior.
(i) General. Metals in contact with each other must be either
galvanically compatible or insulated with suitable non-porous
materials. Provisions must also be made to prevent loosening or
tightening resulting from differences of thermal expansion, freezing,
buckling of parts, galvanic corrosion, or other incompatibilities.
(ii) Steel. Sheet steel and plate must be low carbon, commercial
quality, either corrosion resistant or galvanized as per ASTM A 653,
coating designation G90 (incorporated by reference, see Sec. 160.135-
5). Structural steel plates and shapes must be carbon steel as per ASTM
A 36 (incorporated by reference, see Sec. 160.135-5), or an equivalent
or superior steel accepted by the Commandant. All steel products,
except corrosion resistant steel, must be galvanized to provide high
quality zinc coatings suitable for the intended service life in a
marine environment. Corrosion resistant steel must be a standard 302
stainless steel or have equal or superior corrosion resistant
characteristics.
(iii) Aluminum. Aluminum and aluminum alloys must conform to ASTM B
209 (incorporated by reference, see Sec. 160.135-5) and be high purity
for good marine corrosion resistance, free of iron, and containing not
more than 0.6 percent copper.
(iv) Fiber Reinforced Plastic.
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant and accepted by the Commandant in
accordance with 46 CFR part 164, subpart 164.017.
(B) Glass reinforcement. Any glass reinforcement used must have
good laminated wet strength retention and must meet the appropriate
specification in this paragraph. Glass cloth must be a finished fabric
woven from ``E'' electrical glass fiber yarns meeting ASTM D 4029-09
commercial style designation 1564 (incorporated by reference, see Sec.
160.135-5). Woven roving must conform to MIL-C-19663D (incorporated by
reference, see Sec. 160.135-5). Other glass materials equivalent or
superior in strength, design, wet out, and efficiency will be given
consideration on specific request to the Commandant.
(C) Laminate. All exposed surfaces of any finished laminate must
present a smooth finish, and there must be no protruding surface
fibers, open voids, pits, cracks, bubbles, or blisters. The laminate
must be essentially free from resin-starved or overimpregnated areas,
and no foreign matter must remain in the finished laminate. The entire
laminate must be fully cured and free of tackiness, and must show no
tendency to delaminate, peel, or craze in any overlay. The laminate
must not be released from the mold until a Barcol hardness reading of
not less than 40-55 is obtained from at least 10 places on the non-gel
coated surface, including all interior inner and outer hull surfaces
and built-in lockers. The mechanical properties of the laminate must
meet the requirements for a Grade 3 laminate as
[[Page 53494]]
specified in Table I of MIL-P-17549D(SH) (incorporated by reference,
see Sec. 160.135-5). Other grades will be given consideration on
specific request to the Commandant.
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests.
(5) Lifeboat buoyancy. (i) The buoyancy material must be accepted
by the Commandant as meeting the performance requirements of the IMO
Revised recommendation on testing, Part 1, 6.2.2 to 6.2.7, with a
density of 32 8 kg/m\3\ (2 0.5 lb/ft\3\). The
buoyancy foam or lifeboat manufacturer must certify the results of the
testing to IMO Revised recommendation on testing, Part 1, 6.2.2 to
6.2.7 and submit those results to the Commandant. A list of accepted
buoyancy foams may be obtained from the Commandant upon request and
online at http://cgmix.uscg.mil.
(ii) All voids in the hull and canopy required to provide buoyancy
for positive stability and self righting must be completely filled with
Coast Guard accepted buoyancy material.
(6) Engines. (i) In order to be accepted by the Commandant, any
compression ignition engine fitted to an approved lifeboat must meet
the U.S. Environmental Protection Agency emission requirements in 40
CFR part 89, part 94, or part 1042, as applicable, and have reports
containing the same information as recommended by MSC Circ. 980
(incorporated by reference, see Sec. 160.135-5) certified and
witnessed by a U.S. Coast Guard inspector or an independent laboratory.
(ii) A hydraulic system, if used to start the engine, must be in
accordance with 46 CFR part 58, subpart 58.30, with hose and fittings
in accordance with 46 CFR part 56, subpart 56.60, except that--
(A) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and
FC332-X are not permitted; and
(B) The length of nonmetallic flexible hose is limited to 760 mm
(30 in). Longer, nonmetallic flexible hoses may be allowed in emergency
steering systems at the discretion of the Commandant.
(iii) If a hand pump is provided, or if the engine has a manual
starting system, adequate space must be provided for the hand pump or
hand start operation.
(7) Fuel system. (i) The fuel system must meet 46 CFR 56.50-75(b)
and, except as specified in this paragraph, the fuel tank must meet 46
CFR 58.50-10.
(ii) Tanks constructed with--
(A) Aluminum must be at least 5 mm (0.20 in) thick of ASTM B 209 or
5086 alloy;
(B) Nickel-copper must be at least 0.9 mm (0.0375 in) thick of ASTM
B 127 hot-rolled sheet or plate;
(C) Steel or iron must be at least 1.9 mm (0.0747 in) thick. Diesel
tanks of steel or iron must not have interior galvanizing;
(D) Fiberglass reinforced plastic must be at least 5 mm (0.187 in)
thick; be sealed against porosity by at least one ply of chopped strand
mat; be reinforced in the way of tank openings; be fitted with
corrosion-resistant fittings; have each joint at the top of the tank;
and have each joint bonded and through-bolted; or
(E) Roto-molded plastic must be at least 5 mm thick; must meet the
requirements of 33 CFR 183.510 (a), (b), and (e) regardless of tank
capacity; must be able to pass all static pressure tests as required in
33 CFR 183.510 at a minimum pressure of 5 psi; and be fitted with
corrosion-resistant fittings.
(iii) Each fuel tank over 0.75 m (30 in) long must be baffled at
intervals not exceeding 0.45 m (18 in).
(iv) A fuel level indicator must be provided for each fuel tank.
(v) Any fuel tank vent piping must be at least 6 mm (0.25 in)
outside diameter tubing.
(vi) A shut-off valve must be provided at the fuel tank and must
not be provided at the fuel pump. The valve must be clearly labeled.
The position of the valve must be clearly indicated by a permanent
marking inside the lifeboat. The marking must be an arrow pointing in
the direction of the valve, and the words ``FUEL SHUT-OFF VALVE'' must
be in a color that contrasts with their background. The marking must be
legible to a person within the vicinity of the engine.
(8) Starting system batteries. Any battery fitted in a totally
enclosed lifeboat must be stored in a sealed compartment with exterior
venting. If the lifeboat has more than one engine, then only one
starting battery is required per engine.
(9) Exhaust. Engine exhaust must be routed away from bilge and
potential oil drips. Any paint used on engines, manifolds, or exhaust
must not give off fumes when heated. All exhaust lagging must be non-
absorbent.
(10) Propeller guard. Each propeller on a lifeboat must be fitted
with a propeller guard with a maximum opening of 76 mm (3 in) on all
sides on which a person is likely to be exposed.
(11) Control and steering station. The operator's control and
steering station must have complete lifeboat lowering and launching,
hook release, engine throttle, steering controls, and if applicable, an
air system and water spray system.
(i) The throttle must be a continuous manual control and must be
able to be set and locked at any position.
(ii) The control and steering station must be designed and laid out
in accordance with ASTM F 1166 sections 9 and 10, so that controls and
displays are unambiguous, accessible, and easy to reach and use from
the operator's normal seated position, while wearing an immersion suit
or a lifejacket.
(iii) Each control, gauge, or display must be identified by a
marking posted on, above, or adjacent to the respective item. Each
control must operate in a logical manner and be marked with an arrow to
show direction of movement of control which will cause an increased
response. Each gauge must be marked with the normal operating range and
indicate danger or abnormal conditions. Each marking must be permanent
and weatherproof.
(iv) Gauges, and audio and visual alarms must be provided to
monitor at least the following parameters--
(A) Coolant temperature, for a liquid cooled engine;
(B) Oil pressure, for an engine with an oil pump;
(C) Tachometer, for an engine not provided with over-speed
protection; and
(D) State of charge, or rate of charge, for each rechargeable
engine starting power source.
(12) Drain plug. The position of each drain plug must be clearly
indicated by a permanent marking inside the lifeboat. The marking must
be an arrow pointing in the direction of the plug, and the words
``DRAIN PLUG'' must be 76 mm (3 in) high and have letters of a color
that contrast with their background. The marking must be clearly
visible to a person within the vicinity of the drain plug.
(13) Remote steering. The procedure to change over from remote to
local steering must be simple, not require the use of tools, and be
clearly posted. There must be sufficient clear space to install,
operate, remove, and stow the removable tiller arm. The tiller arm and
its connection to the rudder stock must be of sufficient strength so
that there is no slippage or bending of the tiller arm. Rudder stops or
other means must be provided to prevent the rudder from turning too far
on either side.
(14) Lifelines. Buoyant lifelines must be of ultraviolet resistant
material.
[[Page 53495]]
(15) Rails provided as handholds. Rails provided as handholds to
cling when the lifeboat is overturned must extend for half the length
of the lifeboat on both sides of the hull, and the clearance between
the rail and hull must also be at least 38 mm (1.5 in). The rails must
be attached to the hull below the chine or turn of the bilge, must be
faired to prevent any fouling, and not project beyond the widest part
of the lifeboat.
(16) Storage compartments and collection and storage of rainwater.
(i) Each storage compartment must be supported and secured against
movement. It must have adequate hand access for removing and storing
the required equipment, provisions, or water, and for cleaning the
inside of the compartment.
(ii) The rain water collecting device may be incorporated into the
design of the canopy or may be a separate unit to be mounted outside
the lifeboat. The device must have a projected horizontal area of at
least 1 m\2\ (10.7 ft\2\) collection area and be designed to function
unattended.
(iii) Provision must be made to continue to collect water in the
storage compartment while drawing water to fill a cup. The compartment
must have a means of drainage and adequate access to allow filling the
graduated drinking cup required to be carried as part of the lifeboat
equipment.
(17) Release mechanism. Each release mechanism must be identified
at the application for approval of the prototype lifeboat and must be
approved under 46 CFR part 160, subpart 160.133. The release lever or
control in the lifeboat must be red in color, and the area immediately
surrounding the control must be a sharply contrasting light color. An
illustrated operating instruction plate or placard showing the correct
off-load and emergency on-load release procedure and recovery procedure
must be posted so that it is visible and legible from the helmsman's
normal operating position. The plate or placard must be corrosion
resistant and weatherproof and must be marked with the word ``DANGER''.
(18) Painter release. Any painter release must be located such that
the lifeboat operator can readily release the painter from the
operator's control and steering station.
(19) Canopy lamp. Any exterior lifeboat position-indicating light
must be approved by the Commandant under approval series 161.101.
(20) Manually-controlled interior light. Any interior light must be
approved by the Commandant under approval series 161.101.
(21) Lifeboat equipment. Each lifeboat must be designed to
accommodate and carry the equipment as specified in 46 CFR 199.175.
(22) Oars. Oars are not required on a lifeboat with more than one
engine, provided one engine can be operated while the other is
disabled.
(23) Bilge pump. Each lifeboat that is not automatically self-
bailing, must be fitted with a manual bilge pump approved under 46 CFR
part 160, subpart 160.044. Each such lifeboat with a capacity of 100
persons or more must carry an additional approved manual bilge pump or
an engine-powered bilge pump.
(24) Exterior color. The primary color of the exterior of the
canopy and interior of partially enclosed lifeboats visible from the
air must be a highly visible color equivalent to vivid reddish orange
color number 12197 of FED-STD-595C (incorporated by reference, see
Sec. 160.135-5), or a durable fluorescent color of a similar hue.
(25) Self-contained air supply system and fire protection system
operating instructions. Each compressed gas air cylinder must meet the
requirements in 46 CFR 147.60. The cylinders must be accessible for
removal and charging in place. Water-resistant instructions for
starting the water spray and air supply, if fitted, must be provided
and mounted in a conspicuous place near the system controls.
(26) Navigating lights. Each lifeboat must have navigation lights
that are in compliance with the applicable sections of the
International and Inland Navigation Rules and meet 46 CFR 111.75-17.
(27) Retroreflective material. The exterior of each lifeboat and
its canopy must be marked with Type II retroreflective material
approved under 46 CFR part 164, subpart 164.018. The arrangement of the
retroreflective material must comply with IMO Res. A.658(16)
(incorporated by reference, see Sec. 160.135-5).
(28) Permanently attached foldable canopy. For a partially enclosed
lifeboat, the foldable canopy cloth material must meet the
specifications for Type II, Class 1 requirements of A-A-55308
(incorporated by reference, see Sec. 160.135-5), or be accepted by the
Commandant as equivalent or superior.
(29) Labels and notices. Any labels, caution and danger notices,
and operating, maintenance, or general instructions, must be in
accordance with ASTM F 1166, Section 15, in terms of format, content,
lettering size and spacing, color, and posted location. They must be
illustrated with symbols in accordance with IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.135-5), as applicable.
Information and instruction plates, not specifically mentioned in this
section, must not be posted in the vicinity of the control and steering
station without prior approval from the Commandant. Identification
label plates, if required, must be posted on or above the component or
equipment to be identified.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.135-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review, required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
lifeboat, the manufacturer must submit an application to the Commandant
meeting the requirements of 46 CFR 159.005-5 for preapproval review. To
meet the requirements of 46 CFR 159.005-5(a)(2), the manufacturer must
submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision issue, and date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Seating arrangement plan, including a dimensioned seat form to
scale;
(4) A complete material list, with each material referenced to a
U.S. national standard or, if a copy is provided in English, an
equivalent international standard;
(5) Plans for carriage and, in detail, stowage of equipment;
(6) Hull, canopy, and critical parts lay-up schedule for a Fiber
Reinforced Plastic (FRP) lifeboat;
(7) Hull and canopy construction drawings, including particulars of
joints, welds, seams, and other fabricating details;
(8) Weights and thickness of each major FRP structural component,
including the hull, canopy, and inner liners, before outfitting;
(9) Specification and identification of materials such as steel,
aluminum, resin, foam, fiberglass, cloth, and plastic used in the
lifeboat's manufacture;
(10) Fabrication details for each major structural component,
including details of each welded joint;
(11) Lines plans;
(12) Propulsion system specifications and arrangement and
installation drawings;
[[Page 53496]]
(13) Steering system drawings and specifications;
(14) Release mechanism installation drawings and the mechanism's
Coast Guard approval number;
(15) Air and water spray systems drawings and specifications, if
installed;
(16) Plans for critical subassemblies;
(17) Hydraulic systems drawings and specifications, if installed;
(18) Electrical system schematics and specifications;
(19) Stability data, including righting arm curves in the light and
loaded condition for both intact and flooded stability;
(20) Drawings of all signs and placards, showing actual
inscription, format, color, size, and location on the lifeboat;
(21) Complete data pertinent to the installation and use of the
proposed lifeboat, including the light load (condition A) and full load
(condition B) weights;
(22) Specifications for the required launching ramp length and
angle, and the height of free-fall lifeboat installation above the
water;
(23) An operation, maintenance, and training manual as described in
Sec. Sec. 160.135-19 and 160.135-21 of this subpart;
(24) A description of the quality control procedures and record
keeping that will apply to the production of the lifeboat, which must
include but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication, seams, and
joints, including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved lifeboat complies with the
approved plans and the requirements of this subpart;
(25) Full details of any other unique capability;
(26) Any other drawing(s) necessary to show that the lifeboat
complies with the requirements of this subpart;
(27) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the lifeboat will be
constructed; and
(28) The name of the independent laboratory that will perform the
duties prescribed in Sec. Sec. 160.135-11 and 160.135-15 of this
subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section so long as the preapproval review is conducted
in accordance with the procedures agreed upon between the independent
laboratory and Commandant under 46 CFR part 159, subpart 159.010.
(d) Plan quality. The plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the lifeboat meets the
construction requirements of this subpart;
(3) Accurately depict the proposed lifeboat;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.135-11 Fabrication of prototype lifeboats for approval.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.135-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype lifeboat as set forth in this section.
(b) Unless the Commandant directs otherwise, an independent
laboratory must conduct inspections, tests, and oversight required by
this section. Prototype inspections and tests of a lifeboat must be
carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional prototype tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(c) Fabrication of a lifeboat must proceed in the following
sequence:
(1) The manufacturer must arrange for an independent laboratory (or
Coast Guard inspector if required under paragraph (b) of this section)
to inspect, test, and oversee the lifeboat during its fabrication and
prepare an inspection and test report meeting the requirements of 46
CFR 159.005-11.
(2) The independent laboratory must make such inspections as are
necessary to determine that the prototype is constructed by the methods
and with the materials specified in the plans reviewed under Sec.
160.135-9 of this subpart. By conducting at least one inspection during
its construction, the independent laboratory must determine the
prototype lifeboat conforms with those plans by inspecting--
(i) Fiber Reinforced Plastic (FRP) Construction.
(A) FRP components of each prototype lifeboat must have a layup
made of unpigmented clear resins so that details of construction are
visible for inspection. Test panels representative of each prototype
layup must be tested in accordance with MIL-P-17549D(SH) (incorporated
by reference, see Sec. 160.135-5). If an accepted MIL-R-21607E(SH)
Grade B resin is used for the prototype lifeboat, additives for fire
retardancy must not be used so that the laminate is translucent for
inspection purposes. Any prototype test lifeboat with Grade B resins
will not be marked in accordance with Sec. 160.135-17 of this subpart
for use as a production lifeboat regardless of the outcome of the
performance tests. Whichever accepted resin the manufacturer decides to
use for the prototype lifeboat, the same resin must be used in the
production lifeboats.
(B) The hull, canopy, and major structural laminates of each
prototype FRP lifeboat must be tested for resin content, ultimate
flexural strength, and tensile strength. The test samples must be cut
out from the prototype lifeboat, or be laid up at the same time, using
the same procedures and by the same operators as the laminate used in
the lifeboat. The number of samples used for each test, and the
conditions and test methods used, must be as per the applicable test
specified in this paragraph. The resin content must be determined as
per ASTM D 2584 or ISO 1172 (incorporated by reference, see Sec.
160.135-5). The flexural ultimate strength must be determined by ASTM D
790 method I (test condition ``A'', flatwise, dry) or the corresponding
ISO 14125 test method (incorporated by reference, see Sec. 160.135-5).
The tensile strength, lengthwise, must be determined as per ASTM D 638
or ISO 527 (incorporated by reference, see Sec. 160.135-5).
[[Page 53497]]
(C) Each major FRP component, such as the hull, canopy, and inner
liner(s), of each prototype FRP lifeboat must be examined and weighed
after it is completed but before it is assembled. If the lifeboat is
constructed by the spray lay-up technique, the hull and canopy
thicknesses must be measured using ultrasonic or equivalent techniques;
(ii) Steel construction. Steel sheet and plate used for the hull,
floors, and other structural components of a prototype steel lifeboat
must meet the bend tests requirement specified under ASTM A 653
(incorporated by reference, see Sec. 160.135-5) after galvanizing or
other anti-corrosion treatment has been applied. This may be
demonstrated through a supplier's certification papers or through
witnessing actual tests.
(iii) Coated cloth for partially enclosed lifeboats. Cloth material
used in the construction of each prototype lifeboat must be confirmed
to have met the requirements specified under Sec. 160.135-7(b)(28) of
this subpart. This may be demonstrated through a supplier's
certification papers or through witnessing actual tests.
(iv) Welding. Structural components of each prototype lifeboat
joined by welding must be welded by the welding procedures and
materials as per the plans reviewed under Sec. 160.135-9 of this
subpart and by welders appropriately qualified.
(v) Buoyancy foam. Each major subassembly of a prototype lifeboat,
such as the hull with liner and canopy with liner, must be weighed
after the buoyancy foam is installed and before it is further
assembled.
(vi) Installation of the propulsion system.
(vii) Installation of the steering system.
(viii) Installation of the water spray fire-protection and air
support system(s), if fitted.
(3) The independent laboratory must submit the inspection report to
the Commandant.
Sec. 160.135-13 Approval inspections and tests for prototype
lifeboats.
(a) After the Commandant notifies the manufacturer that the
prototype lifeboat is in compliance with the requirements of Sec.
160.135-11 of this subpart, the manufacturer may proceed with the
prototype approval inspections and tests required under this section.
The prototype lifeboat, the construction of which was witnessed under
Sec. 160.135-11 of this subpart, must be used for the tests in this
section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notification must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on lifeboats or their component parts and
materials for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype is constructed by the methods and with the materials
specified in the plans reviewed under Sec. 160.135-9 of this subpart
and the inspection report under Sec. 160.135-11 of this subpart;
(ii) Assuring that the quality assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or test; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of lifeboats, together with records identifying the lot or
serial numbers of the lifeboats in which such materials were used.
(d) Tests--(1) Prototype lifeboat readiness. All tests must be
conducted on a completely outfitted lifeboat, including fixed equipment
such as compass, searchlight, and navigating lights. Loose equipment
may be substituted by weights.
(2) Fiber Reinforced Plastic (FRP) prototype lifeboat lay-up. For
the prototype of each design of an FRP lifeboat, the lay-up must be
made of unpigmented resins and clear gel coat.
(3) Fuel tank. Each non-portable fuel tank must be tested by a
static head above the tank top of 3 m (10 ft) of water without showing
any leaks or signs of permanent distortion.
(4) IMO Revised recommendation on testing. Each prototype lifeboat
of each design must pass each of the tests for davit-launched or free-
fall lifeboats, as applicable, described in the IMO Revised
recommendation on testing, Part 1, paragraphs 6.1 through 6.17
(incorporated by reference, see Sec. 160.135-5). Tests must be
conducted in accordance with these paragraphs of IMO Revised
recommendation on testing, Part 1, with the following modifications:
(i) Fire retardancy/release mechanism and engine tests (Paragraphs
1/6.2, 6.9, 6.10, 6.14). The tests in the following IMO Revised
recommendation on testing paragraphs may be accomplished independent of
the lifeboat, and may be considered completed and need not be repeated
if the tests have been previously shown to meet the necessary
requirements--
(A) Paragraph 6.2;
(B) Paragraphs 6.9.3 through 6.9.6;
(C) Paragraph 6.10.2 through 6.10.6; and
(D) Paragraphs 6.14.6 through 6.14.8.
(ii) Lifeboat overload test (Paragraph 1/6.3). For a davit launched
lifeboat, the overload test must be conducted with the lifeboat
suspended from the lifting hooks. During this test, the canopy of a
free-fall lifeboat must not deform so as to harm any potential
occupants.
(iii) Impact test (Paragraph 1/6.4). The rigid vertical surface
must not be displaced or deformed as a result of the test.
(iv) Lifeboat seating space test (Paragraph 1/6.7). The average
mass of persons used to test the lifeboat seating space must be
determined by weighing as a group or individually. Each person must
wear an inherently buoyant SOLAS lifejacket with at least 150 N of
buoyancy or a Coast Guard-approved lifejacket approved under approval
series 160.155. For other than a totally enclosed lifeboat, the
operator(s) must demonstrate that the lifeboat can be operated while
wearing a Coast Guard approved, insulated-buoyant immersion suit
approved under approval series 160.171. The Commandant will give
consideration to requests to test at, and designate lifeboats for, a
heavier occupant weight than that stated in the IMO LSA Code, Chapter
IV (incorporated by reference, Sec. 160.135-5).
(v) Flooded stability test (Paragraph 1/6.8). Any materials used to
raise the test weights representing the lifeboat occupants above the
seat pan must be at least as dense as fresh water.
(vi) Lifeboat operational test, Operation of engine (Paragraph 1/
6.10.1). For the 4-hour lifeboat maneuvering period, the lifeboat must
not (except for a short period to measure towing force and to
demonstrate towing fixture durability) be secured, and must be run
through its full range of speeds and full range of all controls
throughout the period.
[[Page 53498]]
(vii) Survival recovery test (Paragraph 1/6.10.8). The recovery
demonstration must show that no more than two crewmembers are required
to recover a helpless person of ninety-fifth percentile by weight
described in ASTM F 1166 (incorporated by reference, see Sec. 160.135-
5) while the crewmembers and helpless person are each wearing a
lifejacket.
(viii) Flooded capsizing test (Paragraph 1/6.14.3-.5). For any
lifeboat also approved as a rescue lifeboat, the lifeboat must return
to an upright position and, without undue delay, the crew must be able
to use the lifeboat again as a lifeboat.
(ix) Fire test (Paragraph 1/6.16.4). The locations where
temperatures are measured along with the rationale for the proposed
locations must be provided to the Commandant for approval prior to the
testing.
(x) Water spray tests (Paragraph 1/6.16.9). The delivery rate of
water, or the sprayed water film thickness over the lifeboat, must be
at least equivalent to that used to achieve passing results for the
fire test. Full coverage must be obtained without the need to rock the
lifeboat or induce wetting by wiping or applying any agent.
(xi) Measuring and evaluating acceleration forces (Paragraph 1/
6.17.5). For free-fall lifeboats, the selection, placement, and
mounting of the accelerometers along with the rationale for the
proposed selection, placement, and mounting must be provided to the
Commandant for approval prior to the testing.
(xii) Evaluation acceleration forces with the dynamic response
model (Paragraph 1/6.17.9). For free-fall lifeboats only, sections
6.17.9 thru 6.17.12 must be used along with the displacement limits for
lifeboats in Table 2 under ``Evaluation with the dynamic response
model''.
(5) Visual inspection. Each lifeboat must be visually inspected to
confirm--
(i) Compliance with this subpart;
(ii) Conformance with plans reviewed under Sec. 160.135-9 of this
subpart; and
(iii) Ease of operation and maintenance.
(e) Test waiver. The Commandant may waive certain tests for a
lifeboat identical in construction to smaller and larger lifeboats that
have successfully completed the tests. Tests associated with lifeboat
components that have already been approved by the Commandant are not
required to be repeated.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.135-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted by paragraph (f) of this section) who witnessed the testing,
indicating that the report accurately describes the testing and its
results; and
(2) The final plans of the lifeboat as built. The plans must
include, in triplicate--
(i) The instructions for training and maintenance described in
Sec. Sec. 160.135-19 and 160.135-21 of this subpart; and
(ii) The final version of the plans required under Sec. 160.135-9
of this subpart.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.135-15 Production inspections, tests, quality control, and
conformance of lifeboats.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct or witness inspections, tests, and oversight
required by this section. Production inspections and tests of lifeboats
must be carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production lifeboats are produced to the same standard, and in the same
manner, as the prototype lifeboat approved by the Commandant. The
manufacturer's quality control personnel must not work directly under
the department or person responsible for either production or sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant, a yearly report that contains the
following--
(i) Serial number and date of final assembly of each lifeboat
constructed;
(ii) Name of the representative of the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section);
and
(iii) Name of the vessel and company receiving the lifeboat, if
known;
(4) Ensure that the arrangement and materials entering into the
construction of the lifeboat are in accordance with plans approved
under Sec. 160.135-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the lifeboat, work or testing is performed on
lifeboats or their component parts and materials, or records are
retained to meet the requirements of paragraph (c) below, for the
purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e)(2) of
this section, and further conducts a visual inspection to verify that
the lifeboats are being made in accordance with the plans approved
under Sec. 160.135-13(h) of this subpart and the requirements of this
subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each lifeboat. The records must include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each applicable document listed in Sec. 160.135-5 of this
subpart;
(2) A copy of approved plans, documentation, and certifications;
[[Page 53499]]
(3) A current certificate of approval for each approved lifeboat;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
lifeboats, together with records identifying the serial numbers of the
lifeboats in which such materials were used;
(5) Start and finish date and time of the lay-up of each major
Fiber Reinforced Plastic (FRP) component such as the hull, canopy, and
inner liner and the names of the operator(s);
(6) Start and finish date and time of pouring of foam-in-place
rigid buoyancy foam, and name of operator(s);
(7) Records of all structural welding and name of operator(s);
(8) Records of welder certificates, training and qualifications;
(9) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(10) The serial number of each production lifeboat, along with
records of its inspections and tests carried out under this section;
and
(11) The original purchaser of each lifeboat and the vessel on
which it was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under
paragraph (e)(2) of this section for each Coast Guard-approved lifeboat
to be installed on a U.S.-flagged vessel. If the manufacturer also
produces lifeboats for approval by other maritime safety
administrations, the inspections may be coordinated with inspection
visits for those administrations.
(e) Production inspections and tests. Each approved lifeboat must
be inspected and tested in accordance with each of the following
procedures:
(1) In-process inspections and tests. Each production lifeboat must
be examined during lay-up of the hull to verify that the lay-up
conforms to the approved drawings. Each FRP major component, such as
the hull, canopy, and inner liner, must be examined and weighed after
it is completed but before assembled. If the lifeboat is constructed by
the spray lay-up technique, the hull and canopy thicknesses must be
measured using ultrasonic or equivalent techniques. Laboratory tests of
laminates must be conducted at this time. Test samples must be cut out
from the lifeboat itself or be laid up at the same time, using the same
procedures and by the same operators as the laminate used in the
lifeboat. The number of samples used for each test, and the conditions
and test methods used, must be as described in the applicable test
specified in this paragraph.
(i) Weight. The weight of each FRP section, such as hull, canopy,
and inner liner, must be within 10 percent of similar sections of the
prototype lifeboat. These weights must be the bare laminate weights.
Backing plates that are molded into the laminate may be included.
(ii) Thickness. The average thickness of each section of sprayed-up
laminate must be within 20 percent of the corresponding sections of the
prototype.
(iii) Resin content. Laminate samples from the hull, canopy, and
inner liners must be tested in accordance with ASTM D 2584 or ISO 1172
(incorporated by reference, see Sec. 160.135-5). The resin content
must be within 8 percentage points of the prototype results. If the
resin content does not comply, flexural ultimate strength and tensile
tests in paragraph (e)(1)(iv) of this section must be conducted.
(iv) Flexural ultimate strength and tensile tests. Each laminate
sample from each major component, such as hull and liner, that does not
comply with the resin content requirement in paragraph (e)(1)(iii) of
this section, and from each component of every fifth production
lifeboat, must be subjected to the flexural ultimate strength and
tensile strength tests as described in Sec. 160.135-13(c)(2)(i)(B) of
this subpart. The values must be at least 90 percent of the prototype
results.
(v) Buoyancy material. If block foam buoyancy material is used,
each piece must be weighed after it is cut and shaped to make sure that
the correct amount of foam is installed. If foamed-in-place buoyancy
material is used, a separate sample of the foam must be poured, and
used to make a density determination after it has set. The density must
be 32 +/- 8 kg/m\3\ (2 +/- 0.5 lb/ft\3\).
(vi) Steel sheet and plate. Steel sheet and plate for the hull,
floors, and other structural components must meet ASTM A 36 and ASTM A
653 as applicable (incorporated by reference, see Sec. 160.135-5).
Non-corrosive resistant steel must meet the coating mass and bend tests
requirement specified under ASTM A 653. Compliance for this paragraph
can be ascertained through supplier's certification papers or through
conducting actual tests.
(vii) Cloth. The cloth material used for the construction of each
partially enclosed lifeboat must meet the material specification of A-A
55308 (incorporated by reference, see Sec. 160.135-5). This compliance
can be ascertained through supplier's certification papers or through
witnessing actual tests.
(viii) Fuel tank. Each fuel tank must be tested by a static head
above the tank top of 3 m (10 ft) of water without showing any leaks or
signs of permanent distortion.
(ix) Welding. It must be determined that structural components
joined by welding was performed by welders who are appropriately
qualified and that the welding procedure and materials are as per the
plans approved under Sec. 160.135-13(h) of this subpart.
(2) Post assembly tests and inspections. The finished lifeboat must
be visually inspected inside and out. The manufacturer must develop and
maintain a visual inspection checklist designed to ensure that all
applicable requirements have been met and the lifeboat is equipped in
accordance with approved plans. At a minimum, each lifeboat must be
operated for 2 hours during which all lifeboat systems must be
exercised.
Sec. 160.135-17 Marking and labeling.
(a) Each lifeboat must be marked with a plate or label permanently
affixed to the hull in a conspicuous place readily accessible for
inspection and sufficiently durable to withstand continuous exposure to
environmental conditions at sea for the life of the lifeboat.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Name and address of the manufacturer;
(2) Manufacturer's model identification;
(3) Name of the independent laboratory that witnessed the prototype
or production test and inspections;
(4) Serial number of the lifeboat;
(5) U.S. Coast Guard approval number;
(6) Month and year of manufacture;
(7) Material of hull construction;
(8) Number of persons for which the lifeboat is approved;
(9) Light load and full load (condition A and condition B weight);
and
(10) Word ``SOLAS.''
Sec. 160.135-19 Operating instructions and information for the ship's
training manual.
(a) Each lifeboat must have instructions and information for the
ship's training manual that use the symbols from IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.135-5) to describe the
location and operation of the lifeboat.
[[Page 53500]]
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their launching systems.
(c) The lifeboat manufacturer must make the instructions and
information required by paragraph (a) of this section available--
(1) In English to purchasers of a lifeboat approved by the Coast
Guard; and
(2) In the form of an instruction placard providing simple
procedures and illustrations for operation of the lifeboat. The placard
must be not greater than 36 cm (14 in) by 51 cm (20 in), and must be
made of durable material and suitable for display near installations of
lifeboats on vessels.
Sec. 160.135-21 Operation and maintenance instructions.
(a) Each lifeboat must have operation and maintenance instructions
that--
(1) Follows the general format and content specified in MSC.1 Circ.
1205 (incorporated by reference, see Sec. 160.135-5); and
(2) Includes a checklist for use in monthly, external visual
inspections of the lifeboat.
(b) The lifeboat manufacturer must make the manual required by
paragraph (a) of this section available in English to purchasers of a
lifeboat approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their launching systems.
Sec. 160.135-23 Procedure for approval of design, material, or
construction change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.135-13(h) of this
subpart must be approved by the Commandant before being used in any
production lifeboat. The manufacturer must submit any such change
following the procedures in Sec. 160.135-9 of this subpart, but
documentation on items that are unchanged from the plans approved under
46 CFR 159.005-13 and Sec. 160.135-13(h) of this subpart need not be
resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype lifeboat with each change described in paragraph (a) of this
section must be made and tested according to the procedures for new
approvals in Sec. Sec. 160.135-9 through 160.135-13 of this subpart.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Subpart 160.151--Inflatable Liferafts (SOLAS)
29. Revise Sec. 160.151-1 to read as follows:
Sec. 160.151-1 Scope.
This subpart prescribes standards, tests, and procedures for
approval by the Coast Guard of inflatable liferafts. This subpart does
not apply to any inflatable liferaft approved by the Commandant before
(EFFECTIVE DATE OF FINAL RULE), so long as the liferaft satisfies the
annual servicing requirements set forth in 46 CFR 160.151-57.
30. In Sec. 160.151-3--
a. In the definition for ``Commandant'', remove the text ``(CG-
512)'' and add, in its place, the text ``(CG-5214)''; and
b. Add, in alphabetical order, the definition for ``Officer in
Charge, Marine Inspection (OCMI)'', to read as follows:
Sec. 160.151-3 Definitions.
* * * * *
Officer in Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
* * * * *
31. Revise Sec. 160.151-5 to read as follows:
Sec. 160.151-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST SW., STOP 7126,
WASHINGTON, DC 20593-7126 and is available from the sources indicated
in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
(1) ASTM F 1014-02(2007), Standard Specification for Flashlights on
Vessels, IBR approved for Sec. 160-151-21 (``ASTM F 1014'').
(2) [Reserved]
(c) General Services Administration, Federal Acquisition Service,
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor,
Arlington, VA 22202, 703-605-5400.
(1) Federal Standard 595C--Colors Used in Government Procurement,
IBR approved for Sec. Sec. 160.151-15 and 160.151-17 (``FED-STD-
595C'').
(2) [Reserved]
(d) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) IMO Resolution A.657(16), Instructions for Action in Survival
Craft, October 1989, IBR approved for Sec. 160.151-21 (``IMO Res.
A.657(16)'').
(2) IMO Resolution A.658(16), Use and Fitting of Retro-reflective
Materials on Life-saving Appliances, IBR approved for Sec. 160.151-15
(``IMO Res. A.658(16)'').
(3) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. Sec. 160.151-7, 160.151-15,
160.151-17, 160.151-21, 160.151-29, 160.151-33, 160.151-59, and
160.151-61 (``IMO LSA Code'').
(4) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.151-21,
160.151-27, 160.151-29, 160.151-31, and 160.151-57 (``IMO Revised
recommendation on testing'').
(e) International Standards Organization ISO Copyright Office, Case
Postale 56, CH 1211 Geneva 20.
(1) ISO 15738:2002 Ships and marine technology--Gas inflation
systems for inflatable life-saving appliances, IBR approved for Sec.
160.151-27 (``ISO 15738'').
(2) ISO 17339:2002 Ships and marine technology--Sea anchors for
survival craft and rescue boats, IBR approved for Sec. 160.151-21
(``ISO 17339'').
(3) ISO 18813:2006 Ships and marine technology--Survival equipment
for
[[Page 53501]]
survival craft and rescue boats, IBR approved for Sec. 160.151-21
(``ISO 18813'').
(f) Military Specifications and Standards, Standardization
Documents Order Desk, Building 4D, 700 Robins Avenue, Philadelphia PA
19111-5094, https://assist.daps.dla.mil/quicksearch/.
(1) MIL-C-17415E--Cloth, Coated, and Webbing, Inflatable Boat and
Miscellaneous Use, IBR approved for Sec. 160.151-15 (``MIL-C-
17415E'').
(2) [Reserved]
32. In Sec. 160.151-7--
a. In the introductory text, after the words ``Chapter III of
SOLAS'', add the words ``and the IMO LSA Code (incorporated by
reference, see Sec. 160.151-5)''; and after the words ``provisions
of'', remove the word ``SOLAS'' and add, in its place, the words ``the
IMO LSA Code:'';
b. Revise paragraphs (a) and (b) to read as set forth below; and
c. Remove paragraphs (c), (d), and (e).
Sec. 160.151-7 Construction of inflatable liferafts.
* * * * *
(a) IMO LSA Code 1.2, General requirements for life-saving
appliances; and
(b) IMO LSA Code 4.2, Inflatable liferafts.
Sec. 160.151-11 [Amended]
33. In Sec. 160.151-11(b) introductory text, after the words
``must submit an application'', add the words ``to the Commandant''.
34. In Sec. 160.151-15--
a. In the introductory text, remove the words ``indicated in Sec.
160.151-7'' and add, in their place, the words ``and the IMO LSA Code
(incorporated by reference, see Sec. 160.151-5)'';
b. In paragraph (a) introductory text, remove the words
``Regulation III/30.2.1'' and add, in their place, the words ``IMO LSA
Code, Chapter I/1.2.1''; after the words ``meeting MIL-C-17415E'', add
the words ``(incorporated by reference, see Sec. 160.151-5)''; after
the words ``equivalent or superior'' remove the symbol ``-''and add, in
its place, the words ``and be capable of withstanding the prototype
tests specified in 160.151-27 of this subchapter.'';
c. Remove paragraphs (a)(1), (a)(2), (a)(3), and (a)(4);
d. In paragraph (b), remove the words ``Regulation III/30.2.1'' and
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.1'';
e. In paragraph (c), remove the words ``Regulation III/30.2.1'' and
add, in their place, the words ``IMO LSA Code Chapter I/1.2.2.1'';
f. In paragraph (d), remove the words ``Regulation III/30.2.4'' and
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.4'';
g. In paragraph (e), remove the words ``Regulation III/30.2.6'' and
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.6''; and
remove the words ``(color number 34 of NBS Special Publication 440)''
and add, in their place, the words ``(color number 12197 of FED-STD-
595C (incorporated by reference, see Sec. 160.151-5))'';
h. In paragraph (f), remove the words ``Regulation III/30.2.7'' and
add, in their place, the words ``IMO LSA Code, Chapter I/1.2.2.7''; and
remove the words ``IMO Resolution A.658(16)'' and add, in their place,
the words '' IMO Res. A.658(16) (incorporated by reference, see Sec.
160.151-5)'';
i. In paragraph (g), remove the words ``Regulation III/38.1.4'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.1.4'';
j. In paragraph (h), remove the words ``Regulation III/38.2.2'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.2.2'';
k. In paragraph (i), remove the words ``Regulation III/38.3.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.3.1'';
l. Remove and reserve paragraph (j);
m. In paragraph (k), remove the words ``Regulation III/38.6.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.6.1'';
n. In paragraph (l) introductory text, remove the words
``Regulation III/39.2.3'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.2.2.3'';
o. Redesignate paragraphs (m), (n), and (o) as paragraphs (n), (o),
and (p) respectively.
p. Add paragraph (m) to read as set out below;
q. In newly redesignated paragraph (n), remove the words
``Regulation III/39.4.2'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.2.4.2'';
r. In newly redesignated paragraph (o), remove the words
``Regulation III/39.6.2'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.1.3.3''; after the word ``exterior'', add the words
``and interior''; and remove the word ``lamp'' and add, in its place,
the word ``lamps''; and
s. In newly redesignated paragraph (p) introductory text, remove
the words ``Regulation III/39.7.1'' and add, in their place, the words
``IMO LSA Code, Chapter IV/4.2.6.1''.
Sec. 160.151-15 Design and performance of inflatable liferafts.
* * * * *
(m) Inflation systems (IMO LSA Code, Chapter IV/4.2.2.3). Gas
inflation systems, including gas-cylinder valves; gas-cylinder
operating heads; high-pressure hose assemblies; and pressure relief,
inflation/deflation, and non-return/transfer valves; must be certified
as complying with the requirements of ISO 15738 (incorporated by
reference, see Sec. 160.151-5).
* * * * *
Sec. 160.151-17 [Amended]
35. In 160.151-17--
a. In the introductory text, after the words ``regulations of
SOLAS'', add the words ``and IMO LSA Code (incorporated by reference,
see Sec. 160.151-5)'';
b. In paragraph (a), remove the words ``Regulation III/39.5.1'' and
add, in their place, the words ``the IMO LSA Code, Chapter IV/4.2.5'';
c. In paragraph (a)(2)(vii), remove the words ``(color number 34 of
NBS Special Publication 440)'' and add, in their place, the words
``(color number 12197 of FED-STD-595C (incorporated by reference, see
Sec. 160.151-5))'';
d. In paragraph (b), remove the words ``Regulation III/39.4.1'' and
add, in their place, the words ``IMO LSA Code, Chapter IV/4.2.4.1'';
and
e. Remove and reserve paragraph (c).
36. In Sec. 160.151-21--
a. In the introductory text, after the words ``regulations of
SOLAS'', add the words ``and the IMO LSA Code (incorporated by
reference, see Sec. 160.151-5)'';
b. In paragraph (a), remove the first instance of the words
``Regulation III/38.5.1.1'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.1''; and after the words ``buoyant heaving
line'', remove the words ``described by Regulation III/38.5.1.1'';
c. In paragraph (b), remove the first instance of the words
``Regulation III/38.5.1.2'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.2''; and after the words ``folding
knife'', remove the words ``carried as permitted by Regulation III/
38.5.1.2'';
d. In paragraph (c), remove the first instance of the words
``Regulation III/38.5.1.3'' and add, in their place, the words ``(IMO
LSA Code, Chapter IV/4.1.5.1.3 and ISO 18813 (incorporated by
reference, see Sec. 160.151-5))''; and after the words ``Each
bailer'', remove the words ``described by Regulation III/38.5.1.3'';
e. In paragraph (d), remove the first instance of the words
``Regulation III/38.5.1.4'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.4''; and after the words ``Each sponge'',
remove the words ``described by Regulation III/38.5.1.4'';
[[Page 53502]]
f. In paragraph (e), remove the first instance of the words
``Regulation III/38.5.1.5'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.5 and ISO 17339 (incorporated by
reference, see Sec. 160.151-5)''; remove the two instances of the
words ``described by Regulation III/38.5.1.5''; and after the words
``hauled in by one person.'', add the sentence ``Sea anchors must be
attached to the raft at a position so as to orient the primary entrance
away from the seas as far as practicable while still allowing the sea
anchor to be retrieved by a person inside the raft.'';
g. In paragraph (f), remove the words ``Regulation III/38.5.1.6''
and add, in their place, the words ``IMO LSA Code, Chapter IV/4.1.5.1.6
and ISO 18813''; and remove the words ``IMO Resolution A.689(17)'' and
add, in their place, the words ``IMO Revised recommendation on testing
(incorporated by reference, see Sec. 160.151-5).'';
h. In paragraph (g), remove the first instance of the words
``Regulation III/38.5.1.7'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.7 and ISO 18813''; and after the words ``a
tin-opener'', remove the words ``described by Regulation III/
38.5.1.7'';
i. In paragraph (h), remove the first instance of the words
``Regulation III/38.5.1.8'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.8''; and after the words ``Each first-aid
kit'', remove the words ``described by Regulation III/38.5.1.8'';
j. In paragraph (i), remove the first instance of the words
``Regulation III/38.5.1.9'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.9 and ISO 18813''; and after the words
``The whistle'', remove the words ``described by Regulation III/
38.5.1.9'';
k. In paragraph (j), remove the first instance of the words
``Regulation III/38.5.1.10'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.10''; and after the words ``Each rocket
parachute flare'', remove the words ``described by Regulation III/
38.5.1.10'';
l. In paragraph (k), remove the first instance of the words
``Regulation III/38.5.1.11'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.11''; and after the words ``Each hand
flare'', remove the words ``described by Regulation III/38.5.1.11'';
m. In paragraph (l), remove the first instance of the words
``Regulation III/38.5.1.12'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.12''; and after the words ``Each buoyant
smoke signal'', remove the words ``described by Regulation III/
38.5.1.12'';
n. In paragraph (m), remove the first instance of the words
``Regulation III/38.5.1.13'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.13''; after the words ``The waterproof
electric torch'', remove the words ``described by Regulation III/
38.5.1.13''; and after the words ``see Sec. 160.151-5'', add the
symbol '')'';
o. In paragraph (n), remove the words ``Regulation III/38.5.1.14''
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.14'';
p. In paragraph (o), remove the first instance of the words
``Regulation III/38.5.1.15'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.15''; and after the words ``Each
signalling mirror'' remove the words ``described by Regulation III/
38.5.1.15'';
q. In paragraph (p), remove the first instance of the words
``Regulation III/38.5.1.16'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.16''; and after the words ``transparent
waterproof container'', remove the words ``as described by Regulation
III/38.5.1.16'';
r. In paragraph (q), remove the words ``Regulation III/38.5.1.17''
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.17'';
s. In paragraph (r), remove the words ``Regulation III/38.5.1.18.''
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.18'';
t. In paragraph (s), remove the first instance of the words
``Regulation III/38.5.1.19'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.19''; remove the words ``The fresh water
required by Regulation III/38.5.1.19 must be ``emergency drinking
water'''' and add, in their place, the words ``Emergency drinking water
must be''; after the words ``The desalting apparatus'', remove the
words ``described in Regulation III/38.5.1.19''; and remove the last
sentence of the paragraph;
u. In paragraph (t), remove the first instance of the words
``Regulation III/38.5.1.20'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.20 and ISO 18813''; and after the words
``The drinking cup'', remove the words ``described in Regulation III/
38.5.1.20'';
v. In paragraph (u), remove the first instance of the words
``Regulation III/38.5.1.21'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.21 and ISO 18813''; and after the words
``The anti-seasickness medicine'', remove the words ``required by
Regulation III/38.5.1.21'';
w. In paragraph (v), remove the first instance of the words
``Regulation III/38.5.1.22'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.22 and ISO 18813''; and after the words
``The instructions'', remove the words ``required by Regulation III/
38.5.1.22'';
x. In paragraph (v)(3), remove the words ``IMO Resolution
A.657(16)'' and add, in their place, the words ``IMO Res. A.657(16)
(incorporated by reference, see Sec. 160.151-5)'';
y. In paragraph (w), remove the words ``Regulation III/38.5.1.23''
and add, in their place, the words ``IMO LSA Code, Chapter IV/
4.1.5.1.23'';
z. In paragraph (w)(3), remove the words ``IMO Resolution
A.657(16)'' and add, in their place, the words ``IMO Res. A.657(16)'';
aa. In paragraph (x), remove the first instance of the words
``Regulation III/38.5.1.24'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.1.5.1.24''; and after the words ``Each thermal
protective aid'', remove the words ``described by Regulation III/
38.5.1.24'';
bb. In paragraph (y), remove the first instance of the words
``Regulation III/39.10.1.1'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.2.9.1.1 and ISO 18813''; and after the words
``The repair outfit'', remove the words ``required by Regulation III/
39.10.1.1'';
cc. Revise paragraph (y)(2) to read as set out below;
dd. In paragraph (y)(3), remove the text ``; and'' and add, in its
place, the symbol ``.'';
ee. Remove paragraph (y)(4); and
ff. In paragraph (z), remove the first instance of the words
``Regulation III/39.10.1.2'' and add, in their place, the words ``IMO
LSA Code, Chapter IV/4.2.9.1.2''; and after the words ``The pump or
bellows'', remove the words ``required by Regulation III/39.10.1.2''.
Sec. 160.151-21 Equipment required for SOLAS A and SOLAS B inflatable
liferafts.
* * * * *
(y) * * *
(2) Five or more tube patches at least 50 mm (2 in) in diameter
(the Commandant will consider self-adhesive patches per ISO 18813 as an
alternative); and
* * * * *
Sec. 160.151-27 [Amended]
37. In Sec. 160.151-27--
a. Remove each instance of the words ``IMO Resolution A.689(17)''
and add, in their place, the words ``IMO Revised recommendation on
testing'';
b. In paragraph (a), remove the word ``inclusive''; and
c. In paragraph (c)(5), remove the word ``liters'' and add, in its
place, the text ``L''.
[[Page 53503]]
Sec. 160.151-29 [Amended]
38. In Sec. 160.151-29, in the introductory text, remove the words
``Regulation III/39.5.1'' and add, in their place, the words ``IMO LSA
Code, Chapter IV/4.3.5 (incorporated by reference, see Sec. 160.151-
5)''; and remove the words ``IMO Resolution A.689(17)'' and add, in
their place, the words ``IMO Revised recommendation on testing
(incorporated by reference, see Sec. 160.151-5)''.
39. In Sec. 160.151-31--
a. Remove each instance of the words ``IMO Resolution A.689(17)''
and add, in their place, the words ``IMO Revised recommendation on
testing'';
b. In paragraph (a) introductory text, remove the word ``part'' and
add, in its place, the text ``46 CFR part''; and remove the words ``of
this chapter'';
c. In paragraph (c), remove the symbol ``Sec. '' and add, in its
place, the text ``46 CFR''; and remove the words ``of this chapter'';
d. In paragraph (d), after the words ``through 5.1.6 inclusive,'',
add the words ``(incorporated by reference, see Sec. 160.151-5)''; and
e. Add paragraph (h) to read as follows:
Sec. 160.151-31 Production inspections and tests of inflatable
liferafts.
* * * * *
(h) The manufacturer must notify the cognizant Officer in Charge,
Marine Inspection (OCMI) whenever final production inspections and
tests are to be performed so that the OCMI may assign a marine
inspector to the factory to witness the applicable tests and to ensure
that the quality assurance program of the manufacturer is satisfactory.
Sec. 160.151-33 [Amended]
40. In 160.151-33--
a. In paragraph (b) introductory text, remove the words
``Regulation III/39.7.3 of SOLAS'' and add, in their place, the words
``IMO LSA Code, Chapter IV/4.2.6.3 (incorporated by reference, see
Sec. 160.151-5)''; and
b. In paragraph (c) introductory text, remove the words
``Regulation III/39.8 of SOLAS'' and add, in their place, the words
``IMO LSA Code, Chapter IV/4.2.7.1''.
Sec. 160.151-57 [Amended]
41. In 160.151-57--
a. In paragraph (b)(1), remove the words ``IMO Resolution A.689(17)
paragraph 2/5.1.5'' and add, in their place, the words ``IMO Revised
recommendation on testing, paragraph 2/5.1.5 (incorporated by
reference, see Sec. 160.151-5)'';
b. In paragraph (b)(5)(i), remove the words ``if its expiration
date has passed'' and add, in their place, the words ``at the time of
servicing if there is less than 6 months remaining before the
expiration date'';
c. In paragraph (b)(11), remove the words ``IMO Resolution
A.658(16)'' and add, in their place, the words ``IMO Revised
recommendation on testing''; add the words ``46 CFR'' in front of the
words ``part 164''; and remove the words ``of this subchapter'';
d. In paragraph (e), remove the words ``49 CFR 173.34'' and add, in
their place, the text ``49 CFR 180.205'';
e. In paragraph (f), remove the words ``IMO Resolution A.689(17)''
and add, in their place, the words ``IMO Revised recommendation on
testing''; and
f. In paragraph (g), after the text ``(b) through'', add the text
``(f)''.
Sec. 160.151-59 [Amended]
42. In 160.151-59(a), remove the words ``regulations III/18.2,
19.3, 51, and 52 of SOLAS'' and add, in their place, the words ``SOLAS
Chapter III, Regulation 35 (III/35)''.
Sec. 160.151-61 [Amended]
43. In 160.151-61(a), remove the words ``regulations III/19.3 and
III/52 of SOLAS'' and add, in their place, the words ``SOLAS Chapter
III, Regulation 36 (III/36)''.
44. Add subpart 160.156 to read as follows:
Subpart 160.156--Rescue Boats and Fast Rescue Boats (SOLAS)
Sec.
160.156-1 Scope.
160.156-3 Definitions.
160.156-5 Incorporation by reference.
160.156-7 Design, construction, and performance of rescue boats and
fast rescue boats.
160.156-9 Preapproval review.
160.156-11 Fabrication of prototype rescue boats for approval.
160.156-13 Approval inspections and tests for prototype rescue
boats.
160.156-15 Production inspections, tests, quality control, and
conformance of rescue boats.
160.156-17 Marking and labeling.
160.156-19 Operating instructions and information for the ship's
training manual.
160.156-21 Operation and maintenance instructions.
160.156-23 Procedure for approval of design, material, or
construction change.
Subpart 160.156--Rescue Boats and Fast Rescue Boats (SOLAS)
Sec. 160.156-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of a rescue boat, including a fast rescue
boat, complying with SOLAS and the IMO LSA Code, for use on waters
other than protected waters as defined in 46 CFR 175.400.
Sec. 160.156-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.156-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
Full load means the weight of the complete rescue boat, including
all required equipment, provisions, fuel, and the number of persons for
which it is approved. This is also known as the condition ``B'' weight.
Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
Light load means the weight of the complete rescue boat empty and
does not include fuel, required equipment, or the equivalent weight of
persons. This is also known as the condition ``A'' weight.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
Sec. 160.156-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available
[[Page 53504]]
for inspection at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST
SW., STOP 7126, WASHINGTON, DC 20593-7126 and is available from the
sources indicated in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
(1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural
Steel, IBR approved for Sec. Sec. 160.156-7 and 160.156-15 (``ASTM A
36'').
(2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet,
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by
the Hot-Dip Process, IBR approved for Sec. Sec. 160.156-7, 160.156-11
and 160.156-15 (``ASTM A 653'').
(3) ASTM B 209-07 Standard Specification for Aluminum and Aluminum-
Alloy Sheet and Plate, IBR approved for Sec. 160.135-7 (``ASTM B
209'').
(4) ASTM D 638-08 Standard Test Method for Tensile Properties of
Plastics, IBR approved for Sec. 160.156-11 (``ASTM D 638'').
(5) ASTM D 790-07e1 Standard Test Methods for Flexural Properties
of Unreinforced and Reinforced Plastics and Electrical Insulating
Materials, IBR approved for Sec. 160.156-11 (``ASTM D 790'').
(6) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured
Reinforced Resins, IBR approved for Sec. Sec. 160.156-11 and 160.156-
15 (``ASTM D 2584'').
(7) ASTM D 4029-09 Standard Specification for Finished Woven Glass
Fabrics, IBR approved for Sec. 160.156-7 (``ASTM D 4029'').
(8) ASTM F 1166-07 Standard Practice for Human Engineering Design
for Marine Systems, Equipment, and Facilities, IBR approved for
Sec. Sec. 160.156-7 and 160-156-13 (``ASTM F 1166'').
(c) General Services Administration, Federal Acquisition Service,
Office of the FAS Commissioner, 22200 Crystal Drive, 11th Floor,
Arlington, VA 22202, 703-605-5400.
(1) Federal Standard 595C--Colors Used in Government Procurement,
IBR approved for Sec. 160.156-7 ``(FED-STD-595C'').
(2) [Reserved]
(d) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) IMO Resolution A.658(16), Use and Fitting of Retro-reflective
Materials on Life-saving Appliances, IBR approved for Sec. 160.156-7
(``IMO Res. A.658(16)'').
(2) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. Sec. 160.156-7 and
160.156-19 (``IMO Res. A.760(18)'').
(3) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.156-7 and
160.156-13 (``IMO Revised recommendation on testing'').
(4) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. 160.156-7 (``IMO LSA Code'').
(5) MSC Circular 980, Standardized life-saving appliance evaluation
and test report forms, IBR approved for Sec. Sec. 160.156-7 and
160.156-13 (``IMO MSC Circ. 980'').
(6) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.156-21 (``IMO MSC.1 Circ. 1205'').
(e) International Organization for Standardization (ISO), ISO
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211
Geneve 20, Switzerland.
(1) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec. 160.156-11
(``ISO 14125'').
(2) ISO 527-1:1993 Plastics--Determination of tensile properties,
IBR approved for Sec. 160.156-11 (``ISO 527'').
(3) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs,
moulding compounds and laminates--Determination of the textile-glass
and mineral-filler content--Calcination methods, IBR approved for
Sec. Sec. 160.156-11 and 160.156-15 (``ISO 1172'').
(4) ISO 15372:2000 Ships and marine technology--Inflatable rescue
boats--Coated fabrics for inflatable chambers, IBR approved for
Sec. Sec. 160.156-7 and 160.156-15 (``ISO 15372'').
(f) Military Specifications and Standards, Standardization
Documents Order Desk, Building 4D, 700 Robins Avenue, Philadelphia PA
19111-5094, https://assist.daps.dla.mil/quicksearch/.
(1) MIL-C-19663D, Cloth, Woven Roving, For Plastic Laminate, 4 AUG
1998, IBR approved for Sec. 160.156-7 (``MIL-C-19663D'').
(2) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced,
Marine, 31 AUG 1981, IBR approved for Sec. Sec. 160.156-7 and 160.156-
11 (``MIL-P-17549D(SH)'').
(3) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating,
Fire-Retardant, 25 May 1990, IBR approved for Sec. 160.156-11 (``MIL-
R-21607E(SH)'').
(g) Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096.
(1) SAE J1527-93, Marine Fuel Hoses, IBR approved for Sec.
160.156-7 (``SAE J1527'').
(2) [Reserved]
(h) Underwriters Laboratories (UL), 2600 NW. Lake Rd, Camas, WA
98607-8542, Phone: 877-854-3577.
(1) UL 1102, Standard for Nonintegral Marine Fuel Tanks, IBR
approved for Sec. 160.156-7 (``UL 1102'').
(2) UL 1185, Standard for Portable Marine Fuel Tanks, IBR approved
for Sec. 160.156-7 (``UL 1185'').
Sec. 160.156-7 Design, construction and performance of rescue boats.
(a) To seek Coast Guard approval of a rescue boat, including a fast
rescue boat, a manufacturer must comply with, and each rescue boat must
meet, the requirements of the following:
(1) IMO LSA Code Chapter V (incorporated by reference, see Sec.
160.156-5);
(2) IMO Revised recommendation on testing, Part 1/7 (incorporated
by reference, see Sec. 160.156-5) applicable to the type of rescue
boat;
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each rescue boat must meet the following requirements:
(1) Design. (i) Each rescue boat must be designed to be operable by
persons wearing immersion suits.
(ii) Each rescue boat should be designed following standard human
engineering practices described in ASTM F 1166 (incorporated by
reference, see Sec. 160.156-5). Design limits should be based on a
range from the fifth percentile female to the ninety-fifth percentile
male values for critical body dimensions and functional capabilities as
described in ASTM F 1166. The dimensions for a person wearing an
immersion suit correspond to the arctic-clothed dimensions of ASTM F
1166.
(2) Visibility from operator's station. (i) The operator's station
must be designed such that the operator, when seated at the control
station, has visibility 360 degrees around the rescue boat, with any
areas obstructed by the rescue boat structure or its fittings visible
by moving the operator's head and torso.
(ii) The operator, while still being able to steer and control the
speed of the rescue boat, must be able to see the water--
(A) Over a 90 degree arc within 3 m (10 ft) of each side of the
rescue boat;
[[Page 53505]]
(B) Over a 30 degree arc within 1 m (3 ft, 3 in) of each side of
the rescue boat; and
(C) Within 0.5 m (1 ft, 8 in) of the entrances designated for
recovering persons from the water.
(iii) In order to see a person in the water during recovery or
docking operations, a hatch must be provided in fully enclosed rescue
boats so that the operator can stand with his or her head outside the
rescue boat for increased visibility, provided the operator can still
steer and control the speed of the rescue boat.
(3) Construction. Each major rigid structural component of each
rescue boat must be constructed of steel, aluminum, or Fiber Reinforced
Plastic (FRP), or materials accepted by the Commandant as equivalent or
superior.
(i) General. Metals in contact with each other must be either
galvanically compatible or insulated with suitable non-porous
materials. Provisions must also be made to prevent loosening or
tightening resulting from differences of thermal expansion, freezing,
buckling of parts, galvanic corrosion, or other incompatibilities.
(ii) Steel. Sheet steel and plate must be low carbon, commercial
quality, either corrosion resistant or galvanized as per ASTM A 653,
coating designation G90 (incorporated by reference, see Sec. 160.156-
5). Structural steel plates and shapes must be carbon steel as per ASTM
A 36 (incorporated by reference, see Sec. 160.156-5), or an equivalent
or superior steel accepted by the Commandant. All steel products,
except corrosion resistant steel, must be galvanized to provide high
quality zinc coatings suitable for the intended service life in a
marine environment. Corrosion resistant steel must be a standard 302
stainless steel or have equal or superior corrosion resistant
characteristics.
(iii) Aluminum. Aluminum and aluminum alloys must conform to ASTM B
209 (incorporated by reference, see Sec. 160.156-5) and be high purity
for good marine corrosion resistance, free of iron, and containing not
more than 0.6 percent copper.
(iv) Fiber Reinforced Plastic (FRP).
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant and accepted by the Commandant in
accordance with 46 CFR part 164, subpart 164.017.
(B) Glass reinforcement. Any glass reinforcement used must have
good laminated wet strength retention and must meet the appropriate
specification in this paragraph. Glass cloth must be a finished fabric
woven from ``E'' electrical glass fiber yarns meeting ASTM D 4029-09
commercial style designation 1564 (incorporated by reference, see Sec.
160.156-5). Woven roving must conform to MIL-C-19663D, (incorporated by
reference, see Sec. 160.156-5). Other glass materials equivalent or
superior in strength, design, wet out, and efficiency will be given
consideration on specific request to the Commandant.
(C) Laminate. All exposed surfaces of any finished laminate must
present a smooth finish, and there must be no protruding surface
fibers, open voids, pits, cracks, bubbles, or blisters. The laminate
must be essentially free from resin-starved or overimpregnated areas,
and no foreign matter must remain in the finished laminate. The entire
laminate must be fully cured and free of tackiness, and must show no
tendency to delaminate, peel, or craze in any overlay. The laminate
must not be released from the mold until a Barcol hardness reading of
not less than 40-55 is obtained from at least 10 places on the non-gel
coated surface, including all interior inner and outer hull surfaces
and built-in lockers. The mechanical properties of the laminate must
meet the requirements for a Grade 3 laminate as specified in Table I of
MIL-P-17549D(SH) (incorporated by reference, see Sec. 160.156-5).
Other grades will be given consideration on specific request to the
Commandant.
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests.
(5) Rescue boat buoyancy. (i) The buoyancy material must be
accepted by the Commandant as meeting the performance requirements of
IMO Revised recommendation on testing, Part 1, 6.2.2 to 6.2.7, with a
density of 32 8 kg/m\3\ (2 0.5 lb/ft\3\). The
buoyancy foam or rescue boat manufacturer must certify the results of
the testing to IMO Revised recommendation on testing, Part 1, 6.2.2 to
6.2.7 and submit those results to the Commandant. A list of accepted
buoyancy foams may be obtained from the Commandant upon request.
(ii) All voids in the hull and canopy required to provide buoyancy
for positive stability and self righting must be completely filled with
Coast Guard-accepted buoyancy material.
(iii) Air in the inflated collar of a rigid-hull inflatable rescue
boat will not be considered inherently buoyant material for the
purposes of meeting the additional 280 N/person requirement of the LSA
Code, Chapter IV/4.4.4.
(6) Coated fabric. Any coated fabric used in the construction of
inflatable chambers on a rescue boat must be shown to have been
subjected to the criteria listed in IMO MSC Circ. 980 for Inflation
Chamber Characteristics Test (incorporated by reference, see Sec.
160.156-5) by meeting the requirements of ISO 15372 (incorporated by
reference, see Sec. 160.156-5). The color of the finished fabric must
be vivid reddish orange color number 12197 of FED-STD-595C
(incorporated by reference, see Sec. 160.156-5), or a durable
fluorescent color of a similar hue. Each seam must be at least as
strong as the weakest of the materials joined by the seam. Each seam
must be covered with tape where necessary to prevent lifting of and
damage to fabric edges.
(7) Engines. (i) In order to be accepted by the Commandant, any
spark ignition engine fitted to an approved rescue boat must meet the
U.S. Environmental Protection Agency emission requirements in 40 CFR
part 91 or part 1045, as applicable, or for a compression ignition
engine the requirements in 40 CFR part 89, part 94, or part 1042, as
applicable, and have reports containing the same information as
recommended by MSC Circ. 980 (incorporated by reference, see Sec.
160.156-5) certified and witnessed by a U.S. Coast Guard inspector or
an independent laboratory.
(ii) A hydraulic system, if used to start the engine, must be in
accordance with 46 CFR part 58, subpart 58.30, with hose and fittings
in accordance with 46 CFR part 56, subpart 56.60 except that--
(A) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and
FC332-X are not permitted; and
(B) The length of nonmetallic flexible hose is limited to 760 mm
(30 in). Longer nonmetallic flexible hoses may be allowed in emergency
steering systems at the discretion of the Commandant.
(iii) If a hand pump is provided, or if the engine has a manual
starting system, adequate space must be provided for the hand pump or
hand start operation.
(8) Fuel system. (i) The fuel system must meet 46 CFR 56.50-75(b)
and, except as specified in this paragraph, the fuel tank must meet 46
CFR 58.50-10.
(ii) The fuel tank and fuel system must be in accordance with
paragraph (A), (B), or (C) of this paragraph, as follows:
[[Page 53506]]
(A) Permanently installed fuel systems must meet the requirements
in 46 CFR 160.135-7.
(B) Portable fuel systems for outboard engines must meet UL 1185
(incorporated by reference, see Sec. 160.156-5) or equivalent, except
that hoses must be Coast Guard Type A per SAE J1527 (incorporated by
reference, see Sec. 160.156-5), and hose clamps, primers, filters, and
strainers must be successfully tested in accordance with 33 CFR
183.590. Anti-siphon devices must be provided in the fuel system to
prevent fuel spillage when the hose is disconnected. Arrangements must
be provided to secure the fuel tank in its normal operating position on
the rescue boat.
(C) Fuel systems for outboard engines using non-integral,
permanently installed fuel tanks must meet the requirements of 33 CFR
part 183, subpart J--Fuel Systems. UL 1102 (incorporated by reference,
see Sec. 160.156-5) meets these requirements for fuel tanks.
(9) Starting system batteries. Each battery fitted in a totally
enclosed rescue boat must be stored in a sealed compartment with
exterior venting. If the rescue boat has more than one engine, then
only one starting battery is required per engine.
(10) Exhaust. Engine exhaust must be routed away from bilge and
potential oil drips. Any paint used on engines, manifolds, or exhaust
must not give off fumes when heated. All exhaust lagging must be non-
absorbent.
(11) Propeller guard. Each propeller on a rescue boat must be
fitted with a propeller guard with a maximum opening of 76 mm (3 in) on
all sides on which a person is likely to be exposed.
(12) Control and steering station. Rescue boat starting,
maneuvering, and steering controls must be provided at the control and
steering station.
(i) The throttle must be a continuous manual control and must be
able to be set and locked at any position.
(ii) The control and steering station must be designed and laid out
in accordance with ASTM F 1166 sections 9 and 10, so that controls and
displays are unambiguous, accessible, and easy to reach and use from
the operator's normal seated position, while wearing an immersion suit
or a lifejacket.
(iii) Each control, gauge, or display must be identified by a
marking posted on, above, or adjacent to the respective item. Each
control must operate in a logical manner and be marked with an arrow to
show direction of movement of control which will cause an increased
response. Each gauge must be marked with the normal operating range and
indicate danger or abnormal conditions. Each marking must be permanent
and weatherproof.
(iv) Gauges, and audio and visual alarms, must be provided to
monitor at least the following parameters on inboard engines--
(A) Coolant temperature, for a liquid cooled engine;
(B) Oil pressure, for an engine with an oil pump;
(C) Tachometer, for an engine not provided with over-speed
protection; and
(D) State of charge, or rate of charge, for each rechargeable
engine starting power source.
(13) Drain plug. The position of each drain plug must be clearly
indicated by a permanent marking inside the lifeboat. The marking must
be an arrow pointing in the direction of the plug, and the words
``DRAIN PLUG'' must be 76 mm (3 in) high and have letters of a color
that contrast with their background. The marking must be clearly
visible to a person within the vicinity of the drain plug.
(14) Remote steering. The procedure to change over from remote to
local steering must be simple, not require the use of tools, and be
clearly posted. There must be sufficient clear space to install,
operate, remove, and stow the removable tiller arm. The tiller arm and
its connection to the rudder stock must be of sufficient strength so
that there is no slippage or bending of the tiller arm. Rudder stops or
other means must be provided to prevent the rudder from turning too far
on either side.
(15) Lifelines. Buoyant lifelines must be of ultraviolet resistant
material.
(16) Rails provided as handholds. Rails provided as handholds on
rigid and rigid-inflated rescue boats must extend for half the length
of the rescue boat on both sides of the hull, and the clearance between
the rail and hull must be at least 38 mm (1.5 in). The rails must be
attached to the hull below the chine or turn of the bilge, must be
faired to prevent any fouling, and not project beyond the widest part
of the rescue boat.
(17) Equipment list. A weatherproof equipment list must be
permanently mounted in a conspicuous and prominent location on a
stowage locker or compartment, or on inside of canopy. The list must
include a stowage plan oriented such that the stowage location of each
item of loose equipment is readily apparent.
(18) Release mechanism. Each release mechanism fitted to a rescue
boat, including a fast rescue boat, must be identified at the
application for approval of the prototype rescue boat and must be
approved under 46 CFR part 160, subparts 160.133 or 160.170. The
release lever or control must be red in color, and the area immediately
surrounding the control must be a sharply contrasting light color. An
illustrated operating instruction plate or placard, showing the correct
off-load and emergency on-load release procedure and recovery
procedure, must be posted so that it is visible and legible from the
helmsman's normal operating position. The plate or placard must be
corrosion resistant and weatherproof and must be marked with the word
``DANGER''.
(19) Painter/painter release. Each rescue boat must be fitted with
a device to secure the painter near the bow of the rescue boat. The
device must be arranged such that the rescue boat does not exhibit
unsafe or unstable characteristics when being towed by the ship with
the ship underway at 5 knots. A quick-release device must be provided,
which allows the painter to be released from inside the rescue boat
while under tension. The quick-release handle must be clearly
identified by a label.
(20) Canopy lamp. Any exterior rescue boat position-indicating
light must be approved by the Commandant under approval series 161.101.
(21) Manually-controlled interior light. Any interior light must be
approved by the Commandant under approval series 161.101.
(22) Manual bilge pump. Each rescue boat that is not automatically
self-bailing must be fitted with a manual bilge pump approved under 46
CFR part 160, subpart 160.044, or an engine-powered bilge pump.
(23) Labels and notices. Any labels, caution and danger notices,
and any operating, maintenance, or general instructions, must be in
accordance with ASTM F 1166, Section 15, in terms of format, content,
lettering size and spacing, color, and posted location. They must be
illustrated with symbols in accordance with IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.156-5), as applicable.
Information and instruction plates, not specifically mentioned in this
section, must not be posted in the vicinity of the control and steering
station without prior approval from the Commandant. Identification
label plates, if required, must be posted on or above the component or
equipment to be identified.
(24) Stowage. Each stowage compartment must be supported and
secured against movement. It must have adequate hand access for
removing and storing the required equipment, and for cleaning the
inside of the compartment.
[[Page 53507]]
There must be sufficient stowage volume to store the equipment required
by 46 CFR 199.175.
(25) Rescue boat equipment. The rescue boat must be designed to
accommodate and carry the equipment required by 46 CFR 199.175.
(26) Exterior color. The primary color of the exterior of the hull,
exterior of any canopy or bow cover, and the interior of a rescue boat
not covered by a canopy or bow cover must be a highly visible color
equivalent to vivid reddish orange color number 12197 of FED-STD-595C,
or a durable fluorescent color of a similar hue.
(27) Navigation light. Each rescue boat must have navigation lights
that are in compliance with the applicable sections of the
International and Inland Navigation Rules and meet 46 CFR 111.75-17.
(28) Retroreflective material. The exterior of each rescue boat and
canopy must be marked with Type II retroreflective material approved
under 46 CFR part 164, subpart 164.018. The arrangement of the
retroreflective material must comply with IMO Res. A.658(16)
(incorporated by reference, see Sec. 160.156-5).
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.156-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review, required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
rescue boat, the manufacturer must submit an application to the
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the
manufacturer must submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision issue, and date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Seating-arrangement plan, including a dimensioned seat form to
scale;
(4) A complete material list, with each material referenced to a
U.S. national standard or, if a copy is provided in English, an
equivalent international standard;
(5) Plans for carriage and, in detail, stowage of equipment;
(6) Hull, canopy, and critical parts lay-up schedule for Fiber
Reinforced Plastic (FRP) rescue boats, including fast rescue boats;
(7) Hull and canopy construction drawings, including particulars of
joints, welds, seams, and other fabricating details;
(8) Weights and thickness of each major FRP structural component,
including the hull, canopy, and inner liners, before outfitting;
(9) Specification and identification of materials such as steel,
aluminum, resin, foam, fiberglass, coated fabric, and plastic used in
the rescue boat's manufacture;
(10) Fabrication details for each major structural component,
including details of each welded joint;
(11) Lines plans;
(12) Propulsion system specifications and arrangement and
installation drawings;
(13) Steering system drawings and specifications;
(14) Release mechanism installation drawings and the mechanism's
Coast Guard approval number;
(15) Plans for critical subassemblies;
(16) Hydraulic systems drawings and specifications, if installed;
(17) Electrical system schematics and specifications;
(18) Stability data, including righting arm curves in the light
load and load condition for both intact and flooded;
(19) Drawings of all signs and placards, showing actual
inscription, format, color, size, and location on the rescue boat;
(20) Complete data pertinent to the installation and use of the
proposed rescue boat, including--
(i) The light load (condition A) and full load (condition B)
weights; and
(ii) Complete details of the lifting arrangement to include enough
detail for operators of the rescue boat to select a suitable release
mechanism approved under subpart 160.133 or 160.170 of this part;
(21) An operation, maintenance, and training manual as described in
Sec. Sec. 160.156-19 and 160.156-21 of this subpart;
(22) A description of the quality control procedures and record
keeping that will apply to the production of the rescue boat, which
must include but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication, seams, and
joints, including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved lifeboat complies with the
approved plans and the requirements of this subpart;
(23) Full details of any other unique capability;
(24) Any other drawing(s) necessary to show that the rescue boat
complies with the requirements of this subpart;
(25) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the rescue boat will
be constructed; and
(26) The name of the independent laboratory that will perform the
duties prescribed in Sec. Sec. 160.156-11 and 160.156-15 of this
subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section so long as the preapproval review is conducted
in accordance with the procedures agreed upon between the independent
laboratory and Commandant under 46 CFR part 159, subpart 159.010.
(d) Plan quality. The plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the lifeboat meets the
construction requirements of this subpart;
(3) Accurately depict the proposed rescue boat;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.156-11 Fabrication of prototype rescue boats for approval.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.156-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype rescue boat as set forth in this section.
[[Page 53508]]
(b) Unless the Commandant directs otherwise, an independent
laboratory must conduct inspections, tests, and oversight required by
this section. Prototype inspections and tests of a rescue boat must be
carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional prototype tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(c) Fabrication of a rescue boat must proceed in the following
sequence:
(1) The manufacturer must arrange for an independent laboratory (or
Coast Guard inspector if required under paragraph (b) of this section)
to inspect, test, and oversee the rescue boat during its fabrication
and prepare an inspection and test report meeting the requirements of
46 CFR 159.005-11.
(2) The independent laboratory must make such inspections as are
necessary to determine that the prototype is constructed by the methods
and with the materials specified in the plans reviewed under Sec.
160.156-9 of this subpart. By conducting at least one inspection during
its construction, the independent laboratory must determine the
prototype rescue boat conforms with those plans by inspecting--
(i) Fiber reinforced plastic (FRP) construction.
(A) FRP components of each prototype rescue boat must have a layup
made of unpigmented clear resins so that details of construction are
visible for inspection. Test panels representative of each prototype
layup must be tested in accordance with MIL-P-17549D(SH) (incorporated
by reference, see Sec. 160.156-5). If an accepted MIL-R-21607E(SH)
Grade B resin is used for the prototype rescue boat, additives for fire
retardancy must not be used so that the laminate is translucent for
inspection purposes. A prototype test rescue boat with Grade B resins
will not be marked in accordance with Sec. 160.156-17 of this subpart
for use as a production rescue boat regardless of the outcome of the
performance tests. Whichever accepted resin the manufacturer decides to
use for the prototype rescue boat, the same resin must be used in the
production rescue boats.
(B) The hull, canopy, and major structural laminates of each
prototype FRP rescue boat must be tested for resin content, ultimate
flexural strength, and tensile strength. The test samples must be cut
out from the prototype rescue boat, or be laid up at the same time,
using the same procedures and by the same operators as the laminate
used in the rescue boat. The number of samples used for each test, and
the conditions and test methods used, must be as per the applicable
test specified in this paragraph. The resin content must be determined
as per ASTM D 2584 or ISO 1172 (incorporated by reference, see Sec.
160.156-5). The flexural ultimate strength must be determined by ASTM D
790 method I (test condition ``A'', flatwise, dry) or the corresponding
ISO 14125 test method (incorporated by reference, see Sec. 160.156-5).
The tensile strength, lengthwise, must be determined as per ASTM D 638
or ISO 527 (incorporated by reference, see Sec. 160.156-5).
(C) Each major FRP component, such as the hull, canopy, and inner
liner(s) of each prototype FRP rescue boat, must be examined and
weighed after it is completed but before it is assembled. If the rescue
boat is constructed by the spray lay-up technique, the hull and canopy
thicknesses must be measured using ultrasonic or equivalent techniques.
(ii) Steel construction. Steel sheet and plate used for the hull,
floors, and other structural components of a prototype steel rescue
boat must meet the bend tests requirement specified under ASTM A 653
(incorporated by reference, see Sec. 160.156-5) after galvanizing or
other anti-corrosion treatment has been applied. This may be
demonstrated through supplier's certification papers or through
witnessing actual tests.
(iii) Welding. Structural components of each prototype rescue boat
joined by welding must be joined by the welding procedures and
materials per the plans reviewed under Sec. 160.156-9 of this subpart
and by welders appropriately qualified.
(iv) Buoyancy material. If block foam buoyancy material is used,
each piece must be weighed after it is cut and shaped to make sure that
the correct amount of foam is installed. If foamed-in-place buoyancy
material is used, a separate sample of the foam must be poured, and
used to make a density determination after it has set. The density must
be 32 8 kg/m\3\ (2 0.5 lb/ft\3\). Each major
subassembly such as the hull-with-liner and canopy-with-liner must be
weighed after the buoyancy foam is installed and before it is further
assembled.
(v) Coated fabric. Coated fabric for inflatable collars used in the
construction of each rescue boat must meet the requirements specified
under Sec. 160.156-7(b)(3) of this subpart. This may be demonstrated
through a supplier's certification papers or through witnessing actual
tests.
(vi) Installation of the propulsion system.
(vii) Installation of the steering system.
(3) The independent laboratory must submit the inspection report to
the Commandant.
Sec. 160.156-13 Approval inspections and tests for prototype rescue
boats.
(a) After the Commandant notifies the manufacturer that the
prototype rescue boat is in compliance with the requirements of Sec.
160.156-11 of this subpart, the manufacturer may proceed with the
prototype approval inspections and tests required under this section.
The prototype rescue boat, the construction of which was witnessed
under Sec. 160.135-11 of this part, must be used for the tests in this
section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notification must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on rescue boats or their component parts and
materials for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype is constructed by the methods and with the materials
specified in the plans reviewed under Sec. 160.156-9, and the
inspection report under Sec. 160.156-11, of this subpart;
(ii) Assuring that the quality assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or tests; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of rescue boats, together with records identifying the lot
[[Page 53509]]
or serial numbers of the rescue boats in which such materials were
used.
(d) Tests--(1) Prototype rescue boat readiness. All tests must be
conducted on a completely outfitted rescue boat, including fixed
equipment such as a compass, searchlight, and navigating lights. Loose
equipment may be substituted by weights.
(2) FRP prototype rescue boat lay-up. For the prototype of each
design of an FRP rescue boat, the lay-up must be made of unpigmented
resins and clear gel coat.
(3) Fuel tank. Each non-portable fuel tank must be tested by a
static head above the tank top of 3 m (10 ft) of water without showing
any leaks or signs of permanent distortion.
(4) IMO Revised recommendation on testing. Each prototype rescue
boat of each design must pass each of the tests for the applicable hull
type described in the IMO Revised recommendation on testing, Part 1,
section 7 (incorporated by reference, see Sec. 160.156-5). Tests must
be conducted in accordance with these paragraphs of IMO Revised
recommendation on testing, Part 1, with the following modifications:
(i) Fire retardancy/release mechanism and engine tests (Paragraphs
1/6.2, 6.9, 6.10, 6.14). The tests in the following IMO Revised
recommendation on testing paragraphs may be accomplished independent of
the rescue boat, and may be considered completed and need not be
repeated if the tests have been previously shown to meet the following
necessary requirements--
(A) Paragraphs 6.9.3 through 6.9.6;
(B) Paragraphs 6.10.2 through 6.10.6; and
(C) Paragraphs 6.14.6 through 6.14.8.
(ii) Impact test (Paragraph 1/6.4). The rigid vertical surface must
not be displaced or deformed as a result of the test.
(iii) Flooded stability test for rigid rescue boats only (Paragraph
1/6.8). Any materials used to raise the test weights representing the
rescue boat occupants above the seat pan must be at least as dense as
fresh water.
(iv) Rescue boat operational test, operation of engine (Paragraph
1/7.1.5). For the 4-hour rescue boat maneuvering period, the rescue
boat must not (except for a short period to measure towing force and to
demonstrate towing fixture durability) be secured, and must be run
through its full range of speeds and full range of all controls
throughout the period.
(v) Survival recovery test (Paragraph 1/6.10.8). The recovery
demonstration must show that no more than two crewmembers are required
to recover a helpless person of ninety-fifth percentile by weight
described in ASTM F 1166 (incorporated by reference, see Sec. 160.156-
5) while the crewmembers and helpless person are each wearing a
lifejacket.
(vi) Rescue boat seating space test (Paragraph 1/7.1.3). The
average mass of persons used to test the rescue boat seating space must
be determined by weighing as a group or individually. Each person must
wear an inherently buoyant SOLAS lifejacket with at least 150 N of
buoyancy or a Coast Guard-approved lifejacket approved under approval
series 160.155. The operator(s) must demonstrate that the rescue boat
can be operated while wearing a Coast Guard approved, insulated-buoyant
immersion suit approved under approval series 160.171. The Commandant
will give consideration to requests to test at, and designate rescue
boats for, a heavier occupant weight than that stated in the IMO LSA
Code, Chapter V (incorporated by reference, Sec. 160.156-5).
(5) Visual inspection. Each rescue boat must be visually inspected
to confirm--
(i) Compliance with this subpart;
(ii) Conformance with the plans reviewed under Sec. 160.156-9 of
this subpart; and
(iii) Ease of operation and maintenance.
(e) Test waiver. The Commandant may waive certain tests for a
rescue boat identical in construction to smaller and larger rescue
boats that have successfully completed the tests. Tests associated with
rescue boat components that have already been approved by the
Commandant are not required to be repeated.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.156-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted by paragraph (f) of this section) who witnessed the testing,
indicating that the report accurately describes the testing and its
results; and
(2) The final plans of the rescue boat as built. The plans must
include, in triplicate--
(i) The instructions for training and maintenance described in
Sec. Sec. 160.156-19 and 160.156-21 of this subpart; and
(ii) The final version of the plans required under Sec. 160.156-9
of this subpart.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and, if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.156-15 Production inspections, tests, quality control, and
conformance of rescue boats.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct inspections, tests, and oversight required by
this section. Production inspections and tests of rescue boats must be
carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section, unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production rescue boats are produced to the same standard, and in the
same manner, as the prototype rescue boat approved by the Commandant.
The manufacturer's quality control personnel must not work directly
under the department or person responsible for either production or
sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant, a yearly report that contains the
following--
(i) Serial number and date of final assembly of each rescue boat
constructed;
(ii) Name of the representative of the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section);
and
(iii) Name of the vessel and company receiving the rescue boat, if
known;
[[Page 53510]]
(4) Ensure that the arrangement and materials entering into the
construction of the rescue boat are in accordance with plans approved
under Sec. 160.156-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the rescue boat, work or testing is performed
on rescue boats or their component parts and materials, or records are
retained to meet the requirements of paragraph (c) of this section, for
the purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory conducts the inspections
and witnesses the tests required by paragraph (e) of this section, and
further conducts a visual inspection to verify that the rescue boats
are being made in accordance with the plans approved under Sec.
160.156-13(h) of this subpart and the requirements of this subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each rescue boat. The records must
include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each applicable document listed in Sec. 160.156-5 of this
subpart;
(2) A copy of approved plans, documentation, and certifications;
(3) A current certificate of approval for each approved rescue
boat;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
rescue boats, together with records identifying the serial numbers of
the rescue boats in which such materials were used;
(5) Start and finish date and time of the lay-up of each major
Fiber Reinforced Plastic (FRP) component such as the hull, canopy, and
inner liner and the names of the operator(s);
(6) Start and finish date and time of pouring of foam-in-place
rigid buoyancy foam, and name of operator(s);
(7) Records of all structural welding and name of operator(s);
(8) Records of welder certificates, training and qualifications;
(9) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(10) The serial number of each production rescue boat, along with
records of its inspections and tests carried out under this section;
and
(11) The original purchaser of each rescue boat and the vessel on
which it was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under
paragraph (e) in this section for each Coast Guard-approved rescue boat
to be installed on a U.S.-flagged vessel. If the manufacturer also
produces rescue boats for approval by other maritime safety
administrations, the inspections may be coordinated with inspection
visits for those administrations.
(e) Production inspections and tests. Each approved rescue boat
must be inspected and tested in accordance with each of the following
procedures:
(1) In-process inspections and tests. In accordance with the
interval prescribed in paragraph (d)(1) of this section, each
production rescue boat must be examined during lay-up of the hull to
verify that the lay-up conforms to the approved drawings. Each FRP
major component, such as the hull, canopy, and inner liner, must be
examined and weighed after it is completed but before assembled. If the
rescue boat is constructed by the spray lay-up technique, the hull and
canopy thicknesses must be measured using ultrasonic or equivalent
techniques. Laboratory tests of laminates must be conducted at this
time. Test samples must be cut out from the rescue boat itself or be
laid up at the same time, using the same procedures, and by the same
operators as the laminate used in the rescue boat. The number of
samples used for each test, and the conditions and test methods used,
must be as described in the applicable test specified in this
paragraph.
(i) Weight. The weight of each FRP section, such as hull, canopy,
and inner liner, must be within 10 percent of similar sections of the
prototype rescue boat. These weights must be the bare laminate weights.
Backing plates that are molded into the laminate may be included.
(ii) Thickness. The average thickness of each section of sprayed-up
laminate must be within 20 percent of the corresponding sections of the
prototype.
(iii) Resin content. Laminate samples from the hull, canopy, and
inner liners must be tested in accordance with ASTM D 2584 or ISO 1172
(incorporated by reference, see Sec. 160.156-5). The resin content
must be within 8 percentage points of the prototype results. If the
resin content does not comply, flexural ultimate strength and tensile
tests in paragraph (e)(1)(iv) of this section must be conducted.
(iv) Flexural ultimate strength and tensile tests. Each laminate
sample from each major component, such as hull and liner, that does not
comply with the resin content requirement in paragraph (e)(1)(iii) of
this section, and from each component of every fifth production rescue
boat, must be subjected to the flexural ultimate strength and tensile
strength tests as described in Sec. 160.156-11(c)(2)(i)(B) of this
subpart. The values must be at least 90 percent of the prototype
results.
(v) Buoyancy material. If block foam buoyancy material is used,
each piece must be weighed after it is cut and shaped to make sure that
the correct amount of foam is installed. If foamed-in-place buoyancy
material is used, a separate sample of the foam must be poured, and
used to make a density determination after it has set. The density must
be 32 +/- 8 kg/m\3\ (2 +/- 0.5 lb/ft\3\).
(vi) Steel sheet and plate. Steel sheet and plate for the hull,
floors, and other structural components must meet ASTM A 36 and ASTM A
653 as applicable (incorporated by reference, see Sec. 160.156-5).
Non-corrosive resistant steel must meet the coating mass and bend tests
requirement specified under ASTM A 653. Compliance for this paragraph
can be ascertained through supplier's certification papers or through
conducting actual tests.
(vii) Fabric. The coated fabric for inflatable collars, when used,
for the construction of each rescue boat must meet ISO 15372
(incorporated by reference, see Sec. 160.156-5). This compliance can
be ascertained through a supplier's certification papers or through
witnessing actual tests.
(viii) Fuel tank. Each fuel tank must be tested by a static head
above the tank top of 3 m (10 ft) of water without showing any leaks or
signs of permanent distortion.
(ix) Welding. It must be determined that structural components
joined by welding was performed by welders who are appropriately
qualified and that the welding procedure and materials are as per the
plans approved under Sec. 160.156-13(h) of this subpart.
(2) Post assembly tests and inspections. The finished rescue boat
must be visually inspected inside and out. The manufacturer must
develop and maintain a visual inspection checklist designed to ensure
that all applicable requirements have been met
[[Page 53511]]
and the rescue boat is equipped in accordance with approved plans. At a
minimum, each rescue boat must be operated for 2 hours, during which
all rescue boat systems must be exercised.
Sec. 160.156-17 Marking and labeling.
(a) Each rescue boat must be marked with a plate or label
permanently affixed to the hull in a conspicuous place readily
accessible for inspection and sufficiently durable to withstand
continuous exposure to environmental conditions at sea for the life of
the rescue boat.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Name and address of the manufacturer;
(2) Manufacturer's model identification;
(3) Name of the independent laboratory that witnessed the prototype
or production tests;
(4) Serial number of the rescue boat;
(5) U.S. Coast Guard approval number;
(6) Month and year of manufacture;
(7) Material of hull construction;
(8) Number of persons for which the rescue boat is approved;
(9) Light load and full load (condition A and condition B weight);
and
(10) Word ``SOLAS.''
Sec. 160.156-19 Operating instructions and information for the ship's
training manual.
(a) Each rescue boat must have instructions and information for the
ship's training manual, that use the symbols from IMO Res. A.760(18)
(incorporated by reference, see Sec. 160.156-5) to describe the
location and operation of the rescue boat.
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their launching systems.
(c) The rescue boat manufacturer must make the instructions and
information required by paragraph (a) of this section available--
(1) In English to purchasers of a rescue boat approved by the Coast
Guard; and
(2) In the form of an instruction placard providing simple
procedures and illustrations for operation of the rescue boat. The
placard must be not greater than 36 cm (14 in) by 51 cm (20 in), and
must be made of durable material and suitable for display near
installations of rescue boats on vessels.
Sec. 160.156-21 Operation and maintenance instructions.
(a) In order to comply with SOLAS, each rescue boat must have
operation and maintenance instructions that--
(1) Follows the general format and content specified in MSC.1 Circ.
1205 (incorporated by reference, see Sec. 160.156-5); and
(2) Includes a checklist for use in monthly, external inspections
of the rescue boat.
(b) The rescue boat manufacturer must make the manual required by
paragraph (a) of this section available in English to purchasers of a
rescue boat approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their launching systems.
Sec. 160.156-23 Procedure for approval of design, material, or
construction change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.156-13(h) of this
subpart must be approved by the Commandant before being used in any
production rescue boat. The manufacturer must submit any such change
following the procedures set forth in Sec. 160.156-9 of this subpart,
but documentation on items that are unchanged from the plans approved
under 46 CFR 159.005-13 and Sec. 160.156-13(h) of this subpart need
not be resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype rescue boat with each change described in paragraph (a) of
this section must be made and tested according to the procedures for
new approvals in Sec. Sec. 160.156-9 through 160.156-13 of this
subpart.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
45. Add subpart 160.170 to read as follows:
Subpart 160.170--Davit-Launched Liferaft Automatic Release Hooks
(SOLAS)
Sec.
160.170-1 Scope.
160.170-3 Definitions.
160.170-5 Incorporation by reference.
160.170-7 Design, construction, and performance of release
mechanisms.
160.170-9 Preapproval review.
160.170-11 [Reserved]
160.170-13 Approval inspections and tests for prototype release
mechanisms.
160.170-15 Production inspections, tests, quality control, and
conformance of release mechanisms.
160.170-17 Marking and labeling.
160.170-19 Operating instructions and information for the ship's
training manual.
160.170-21 Operation and maintenance instructions.
160.170-23 Procedure for approval of design, material, or change.
Subpart 160.170--Davit-Launched Liferaft Automatic Release Hooks
(SOLAS)
Sec. 160.170-1 Scope.
This subpart prescribes standards, tests, and procedures for
seeking Coast Guard approval of an automatic release mechanism
complying with SOLAS and the IMO LSA Code, for use with davit-launched
liferafts approved under 46 CFR part 160, subparts 160.051 or 160.151,
and single-fall rescue boats approved under 46 CFR part 160, subpart
160.156.
Sec. 160.170-3 Definitions.
In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec. 160.170-5), in this subpart, the term:
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST SW., STOP 7126, WASHINGTON, DC 20593-7126.
Full load means the weight of the complete rescue boat including
all required equipment, provisions, fuel (if applicable), and the
number of persons for which it is approved. This is also known as the
``condition B'' weight.
Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
Light load means the weight of the complete rescue boat empty and
does not include fuel, required equipment, or the equivalent weight of
persons. This is also known as the ``condition A'' weight.
Officer In Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspection, enforcement, and
administration of vessel safety and navigation laws and regulations.
The ``cognizant OCMI'' is the OCMI who has immediate jurisdiction over
a vessel for the purpose of performing the duties previously described.
SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.
[[Page 53512]]
Sec. 160.170-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST., SW., STOP
7126, WASHINGTON, DC 20593-7126 and is available from the sources
indicated in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959.
(1) ASTM A 36/A 36M-08 Standard Specification for Carbon Structural
Steel, IBR approved for Sec. 160.170-7 (``ASTM A 36'').
(2) ASTM A 653/A 653M-08 Standard Specification for Steel Sheet,
Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by
the Hot-Dip Process, IBR approved for Sec. Sec. 160.170-7, 160.170-13,
and 160.170-15 (``ASTM A 653'').
(3) ASTM F 1166-07 Standard Practice for Human Engineering Design
for Marine Systems, Equipment, and Facilities, IBR approved for Sec.
160.170-7 (``ASTM F 1166'').
(c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, IBR approved for Sec. 160.170-19 (``IMO
Res. A.760(18)'').
(2) IMO Resolution MSC.81(70), IMO Revised recommendation on
testing of life-saving appliances, as amended by IMO Resolutions
MSC.226(82) and MSC.274(85), IBR approved for Sec. Sec. 160.170-7,
160.170-13, and 160.170-15 (``Revised recommendation on testing'').
(3) IMO Resolution MSC.48(66), International Life-Saving Appliance
Code, as amended by IMO Resolutions MSC.207(81), MSC.218(82), and
MSC.272(85), IBR approved for Sec. Sec. 160.170-7 (``IMO LSA Code'').
(4) MSC Circular 980, Standardized life-saving appliance evaluation
and test report forms, IBR approved for Sec. 160.170-13 (``IMO MSC
Circ. 980'').
(5) MSC.1 Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, IBR approved for Sec.
160.170-21 (``IMO MSC.1 Circ. 1205'').
Sec. 160.170-7 Design, construction, and performance of release
mechanisms.
(a) To seek Coast Guard approval of a release mechanism, a
manufacturer must comply with, and each release mechanism must meet,
the requirements of the following--
(1) IMO LSA Code, Chapter VI/6.1.5 (incorporated by reference, see
Sec. 160.170-5);
(2) IMO Revised recommendation on testing Part 1/8.2 (incorporated
by reference, see Sec. 160.170-5).
(3) 46 CFR part 159; and
(4) This subpart.
(b) Each release mechanism must meet the following requirements--
(1) Design. All functions of the release mechanism, including
removal of interlocks, operation of the release handle, resetting the
hooks, and reattaching the falls to the hooks, must be designed to be
operable by persons wearing immersion suits;
(2) Each release mechanism should be designed following standard
human engineering practices described in ASTM F 1166 (incorporated by
reference, see Sec. 160.170-5). Design limits should be based on a
range from the fifth percentile female to the ninety-fifth percentile
male values for critical body dimensions and functional capabilities as
described in ASTM F 1166. The dimensions for a person wearing an
immersion suit correspond to the arctic-clothed dimensions of ASTM F
1166;
(3) Steel. Each major structural component of each release
mechanism must be constructed of steel. Other materials may be used if
accepted by the Commandant as equivalent or superior. Sheet steel and
plate must be low-carbon, commercial quality, either corrosion
resistant or galvanized as per ASTM A 653 (incorporated by reference,
see Sec. 160.170-5), coating designation G115. Structural steel plates
and shapes must be carbon steel as per ASTM A 36 (incorporated by
reference, see Sec. 160.170-5). All steel products, except corrosion
resistant steel, must be galvanized to provide high-quality zinc
coatings suitable for the intended service life in a marine
environment. Each fabricated part must be galvanized after fabrication.
Corrosion resistant steel must be a standard 302 stainless steel or
have equal or superior corrosion resistant characteristics;
(4) Welding. Welding must be performed by welders certified by the
Commandant, American Bureau of Shipping, U.S. Navy, or an independent
laboratory accepted by the Commandant. Only electrodes intended for use
with the material being welded may be used. All welds must be checked
using appropriate non-destructive tests;
(5) Metals in contact with each other must be either galvanically
compatible or insulated with suitable non-porous materials. Provisions
must also be made to prevent loosening or tightening resulting from
differences of thermal expansion, freezing, buckling of parts, galvanic
corrosion, or other incompatibilities;
(6) Screws, nuts, bolts, pins, keys, and other similar hardware,
securing moving parts must be fitted with suitable lock washers, cotter
pins, or locks to prevent them from coming adrift;
(7) The on-load operation of the release mechanism must require two
separate, deliberate actions by the operator;
(8) To prevent an accidental release during recovery of the boat,
the release hooks must not be able to carry any weight until the
release mechanism is properly reset;
(9) The release and recovery procedures must be included as an
illustrated operation instruction plate or placard. The plate or
placard must be corrosion resistant and weatherproof and must be marked
with the word ``DANGER''. The illustrations must correspond exactly to
those used in the instruction and maintenance manual provided by the
manufacturer;
(10) The release lever or control must be red in color, and the
area immediately surrounding the control must be a sharply contrasting
light color;
(11) Each load carrying part of the release mechanism, including
its connection to the boat, must be designed with a safety factor of
six based on the ultimate strength of the materials used;
(12) The release lever and its connection to the release mechanism
must be of sufficient strength so that there is no deformation of the
release lever or the release control assembly during on-load release;
(13) Positive means of lubrication must be provided for each
bearing which is not permanently lubricated. Points of lubrication must
be so located that they are clearly visible and accessible in the
installed position in the boat;
(14) A hydraulic system, if used to activate the release mechanism,
must be in accordance with 46 CFR part 58,
[[Page 53513]]
subpart 58.30, with hose and fittings in accordance with 46 CFR part
56, subpart 56.60, except that--
(i) Push-on type fittings such as Aeroquip 1525-X, 25156-X, and
FC332-X are not permitted;
(ii) The length of nonmetallic flexible hose is limited to 760 mm
(30 in); and
(iii) If a hand pump is provided, adequate space must be provided
for the hand pump or hand operation.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
Sec. 160.170-9 Preapproval review.
(a) Except as provided in paragraph (c) of this section, the
Commandant must conduct the preapproval review, required by this
section, in accordance with 46 CFR 159.005-5.
(b) Manufacturer requirements. To seek Coast Guard approval of a
release mechanism, the manufacturer must submit an application to the
Commandant meeting the requirements of 46 CFR 159.005-5 for preapproval
review. To meet the requirements of 46 CFR 159.005-5(a)(2), the
manufacturer must submit in triplicate--
(1) A list of drawings, specifications, manuals, and any other
documentation submitted, with each document identified by number,
title, revision issue, and date;
(2) General arrangement and assembly drawings, including principal
dimensions;
(3) Stress calculations for all load carrying parts, including the
release hooks, release mechanisms, and connections;
(4) Hydraulic systems drawings and specifications, if installed;
(5) Drawings of all signs and placards showing actual inscription,
format, color, and size;
(6) An operation, maintenance, and training manual as described in
Sec. Sec. 160.170-19 and 160.170-21 of this subpart;
(7) A description of the quality control procedures and
recordkeeping that will apply to the production of the release
mechanism, which must include but is not limited to--
(i) The system for checking material certifications received from
suppliers;
(ii) The method for controlling the inventory of materials;
(iii) The method for checking quality of fabrication and joints,
including welding inspection procedures; and
(iv) The inspection checklists used during various stages of
fabrication to assure that the approved release mechanism complies with
the approved plans and the requirements of this subpart;
(8) Full details of any other unique capability;
(9) Any other drawing(s) necessary to show that the release
mechanism complies with the requirements of this subpart;
(10) The location or address of all manufacturing sites, including
the name and address of any subcontractors, where the release mechanism
will be constructed; and
(11) The name of the independent laboratory that will perform the
duties prescribed in Sec. 160.170-15 of this subpart.
(c) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may conduct preapproval review
required by this section, so long as the preapproval review is
conducted in accordance with the procedures agreed upon between the
independent laboratory and Commandant under 46 CFR part 159, subpart
159.010.
(d) Plan quality. The plans and specifications submitted to the
Commandant under this section must--
(1) Be provided in English, including all notes, inscriptions, and
designations for configuration control;
(2) Address each of the applicable items in paragraph (b) of this
section in sufficient detail to show that the release mechanism meets
the construction requirements of this subpart;
(3) Accurately depict the proposed automatic release hook;
(4) Be internally consistent;
(5) Be legible; and
(6) If reviewed by an independent laboratory under paragraph (c) of
this section, include the independent laboratory's attestation that the
plans meet the quality requirements of this section.
(e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
(f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.
Sec. 160.170-11 [Reserved]
Sec. 160.170-13 Approval inspections and tests for prototype release
mechanisms.
(a) If the manufacturer is notified that the information submitted
in accordance with Sec. 160.170-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype release mechanism, and the approval inspections and tests
required under this section.
(b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
(c) Manufacturer's requirements. To proceed with approval
inspections and tests required by this section, the manufacturer must--
(1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notification must be in
sufficient time to allow making travel arrangements;
(2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
(3) Admit the Coast Guard inspector to any place where work or
testing is performed on release mechanisms or their component parts and
materials for the purpose of--
(i) Conducting inspections as necessary to determine that the
prototype--
(A) Conforms with the plans reviewed under Sec. 160.170-9 of this
subpart;
(B) Is constructed by the methods and with the materials specified
in the plans reviewed under Sec. 160.170-9 of this subpart; and
(C) When welding is part of the construction process, is
constructed by the welding procedure and materials as per the plans
reviewed under Sec. 160.170-9 of this subpart, and the welders are
appropriately qualified;
(ii) Assuring that the quality-assurance program of the
manufacturer is satisfactory;
(iii) Witnessing tests; and
(iv) Taking samples of parts or materials for additional
inspections or tests; and
(4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of release mechanisms, together with records identifying the
lot or serial numbers of the release mechanisms in which such materials
were used.
(d) Tests--(1) Prototype release mechanism readiness. All tests
must be conducted on a complete release mechanism.
(2) IMO Revised recommendation on testing. Each prototype release
mechanism of each design must pass each of the tests described in IMO
Revised recommendation on testing, Part 1, paragraph 8.2 (incorporated
by reference, see Sec. 160.170-5). Tests must
[[Page 53514]]
be conducted in accordance with these paragraphs of IMO Revised
recommendation on testing, Part 1, with the following modifications:
(i) Visual inspection. Each release mechanism must be visually
inspected to confirm--
(A) Compliance with this subpart;
(B) Conformance with the examined plans; and
(C) Ease of operation and maintenance.
(ii) Materials. Steel meeting ASTM A 653 (incorporated by
reference, see Sec. 160.170-5) must meet the coating mass and bend
tests requirement specified under ASTM A 653 after galvanizing or other
anti-corrosion treatment has been applied. This compliance can be
ascertained through a supplier's certification or by conducting actual
tests.
(iii) Tensile tests. The release mechanism hook assembly and
supporting structure must be tensile tested in a jig built to load the
hook assembly in the same way or ways it would be loaded when used with
a liferaft or rescue boat. The hook assembly will be approved for a
maximum of one-sixth of the highest load applied.
(iv) Universal joints. This test is required if the release
mechanism employs universal joints to transmit the release power from
the control to the hook release. One of each type and size of universal
joint must be set up in a jig with the angles of leads set at 0 (zero),
30, and 60 degrees, respectively. A torque of 540 Nm (400 ft lb) must
be applied. This torque must be applied with the connecting rod secured
beyond the universal and with the lever arm in the horizontal position.
There must be no permanent set, or undue stress, as a result of this
test.
(v) Hydraulic controls. If the release mechanism includes a fluid
power and control system, a test of the hydraulic controls must be
conducted in accordance with 46 CFR 58.30-35.
(e) Test waiver. The Commandant may waive certain tests for a
release mechanism identical in construction to smaller and larger
release mechanisms that have successfully completed the tests. However,
stress calculations in accordance with Sec. 160.170-9(b) of this
subpart must still be submitted. Tests associated with release
mechanism components that have already been accepted by the Commandant
are not required to be repeated.
(f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
(g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
(1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec. 160.170-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted by paragraph (f) of this section) who witnessed the testing,
indicating that the report accurately describes the testing and its
results; and
(2) The final plans of the release mechanism as built. The plans
must include, in triplicate, the instructions for training and
maintenance described in Sec. Sec. 160.170-19 and 160.170-21 of this
subpart, respectively.
(h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.
Sec. 160.170-15 Production inspections, tests, quality control, and
conformance of release mechanisms.
(a) Unless the Commandant directs otherwise, an independent
laboratory must conduct inspections, tests, and oversight required by
this section. Production inspections and tests of release mechanisms
must be carried out in accordance with the procedures for independent
laboratory inspection in 46 CFR part 159, subpart 159.007 and in this
section unless the Commandant authorizes alternative tests and
inspections. The Commandant may prescribe additional production tests
and inspections necessary to maintain quality control and to monitor
compliance with the requirements of this subpart.
(b) Manufacturer's responsibility. The manufacturer must--
(1) Institute a quality control procedure to ensure that all
production release mechanisms are produced to the same standard, and in
the same manner, as the prototype release mechanism approved by the
Commandant. The manufacturer's quality control personnel must not work
directly under the department or person responsible for either
production or sales;
(2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
(3) Submit to the Commandant, a yearly report that contains the
following--
(i) Serial number and date of final assembly of each release
mechanism constructed;
(ii) The name of the representative of the independent laboratory
(or Coast Guard inspector if required under paragraph (a) of this
section); and
(iii) Serial number and model name of the liferaft or rescue boat
with which the release hook is to be used, if known;
(4) Ensure that the arrangement and materials entering into the
construction of the release mechanism are in accordance with plans
approved under Sec. 160.170-13(h) of this subpart;
(5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the release mechanism, work or testing is
performed on release mechanisms or their component parts and materials,
or records are retained to meet the requirements of paragraph (c) of
this section below, for the purpose of--
(i) Assuring that the quality control program of the manufacturer
is satisfactory;
(ii) Witnessing tests; or
(iii) Taking samples of parts or materials for additional
inspections or tests; and
(6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e) of this
section, and further conducts a visual inspection to verify that the
release mechanisms are being made in accordance with the plans approved
under Sec. 160.170-13(h) of this subpart and the requirements of this
subpart.
(c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each release mechanism. The records must
include--
(1) A copy of this subpart, other CFR sections referenced in this
subpart, and each document listed in Sec. 160.170-5 of this subpart;
(2) A copy of the approved plans and documentation;
[[Page 53515]]
(3) A current certificate of approval for each approved release
mechanism;
(4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
release mechanisms, together with records identifying the serial
numbers of the release mechanisms in which such materials were used;
(5) Records of all structural welding and name of operator(s);
(6) Records of welder certificates, training, and qualifications;
(7) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
(8) The serial number of each production release gear, along with
records of its inspections and tests carried out under this section;
and
(9) The original purchaser of each release gear and the vessel on
which it was installed, if known.
(d) Independent laboratory responsibility. The independent
laboratory must perform or witness the inspections and tests under
paragraph (e) below for each Coast Guard-approved release mechanism to
be installed on a U.S.-flagged vessel. If the manufacturer also
produces release mechanisms for approval by other maritime safety
administrations, the inspections may be coordinated with inspection
visits for those administrations.
(e) Production inspections and tests. Each finished release
mechanism must be visually inspected. The manufacturer must develop and
maintain a visual inspection checklist designed to ensure that all
applicable requirements have been met. Each approved release mechanism
constructed with non-corrosion resistant steel must be confirmed to
have met the coating mass and bend tests requirement specified under
ASTM A 653 (incorporated by reference, see Sec. 160.170-5) after
galvanizing or other anti-corrosion treatment has been applied. This
compliance can be ascertained through a supplier's certification papers
or through conducting actual tests.
(f) Each approved release mechanism must pass each of the tests
described in IMO Revised recommendation on testing, Part 2, paragraph
6.2 (incorporated by reference, see Sec. 160.170-5). However, each
approved release mechanism for installation of a single-fall rescue
boat must pass each of the tests described in IMO Revised
recommendation on testing, Part 2, paragraph 5.3.1 and 5.3.4.
Sec. 160.170-17 Marking and labeling.
(a) Each hook body of a release mechanism must be marked with a
plate or label permanently affixed in a conspicuous place readily
accessible for inspection and sufficiently durable to withstand
continuous exposure to environmental conditions at sea for the life of
the release mechanism.
(b) The plate or label must be in English, but may also be in other
languages.
(c) The plate or label must contain the--
(1) Manufacturer's name and model identification;
(2) Name of the independent laboratory that witnessed the prototype
or production tests;
(3) Serial number of the release mechanism;
(4) U.S. Coast Guard approval number;
(5) Month and year of manufacture;
(6) Safe working load of the release mechanism;
(7) Number of the test certificate in accordance with IMO Revised
recommendation on testing, Part 2/6.2.2 (incorporated by reference, see
Sec. 160.170-5); and
(8) Word ``SOLAS.''
Sec. 160.170-19 Operating instructions and information for the ship's
training manual.
(a) In order to comply with SOLAS, each release mechanism must have
instructions and information for the ship's training manual that use
the symbols from IMO Res. A.760(18) (incorporated by reference, see
Sec. 160.170-5) to describe the location and operation of the winch.
(b) The instructions and information required by paragraph (a) of
this section may be combined with similar material for survival craft
and rescue boats, and their launching systems.
(c) The release mechanism manufacturer must make the instructions
and information required by paragraph (a) of this section available--
(1) In English to purchasers of release mechanisms approved by the
Coast Guard; and
(2) In the form of an instruction placard providing simple
procedures and illustrations for operation of the release mechanism.
The placard must be not greater than 36 cm (14 in) by 51 cm (20 in),
and must be made of durable material and suitable for display inside a
lifeboat and rescue boat, and near launching apparatuses on vessels.
Sec. 160.170-21 Operation and maintenance instructions.
(a) Each release mechanism must have operation and maintenance
instructions that--
(1) Follows the general format and content specified in IMO MSC.1
Circ. 1205 (incorporated by reference, see Sec. 160.170-5); and
(2) Includes a checklist for use in monthly, external inspections
of the release mechanism.
(b) The release mechanism manufacturer must make the manual
required by paragraph (a) of this section available in English to
purchasers of a release mechanism approved by the Coast Guard.
(c) The operation and maintenance instructions required by
paragraph (a) of this section may be combined with similar material for
survival craft and rescue boats, and their launching systems.
Sec. 160.170-23 Procedure for approval of design, material, or
construction change.
(a) Each change in design, material, or construction from the plans
approved under 46 CFR 159.005-13 and Sec. 160.170-13(h) of this
subpart must be approved by the Commandant before being used in any
production release mechanism. The manufacturer must submit any such
change following the procedures in Sec. 160.170-9 of this subpart, but
documentation on items that are unchanged from the plans approved under
46 CFR 159.005-13 and Sec. 160.170-13(h) of this subpart need not be
resubmitted.
(b) Unless determined by the Commandant to be unnecessary, a
prototype release mechanism with each change described in paragraph (a)
of this section must be made and tested according to the procedures for
new approvals in Sec. Sec. 160.170-9 through 160.170-13 of this
subpart.
(c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.
46. Add subpart 160.900 to read as follows:
Subpart 160.900--Preemption
Sec.
160.900-1 Preemption of State or Local law.
160.900-3 [Reserved]
Subpart 160.900--Preemption
Sec. 160.900-1 Preemption of State or local law.
The regulations in this part have preemptive effect over State or
local regulation within the same field.
[[Page 53516]]
Sec. 160.900-3 [Reserved]
PART 164--MATERIALS
47. The authority citation for part 164 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
48. Add subpart 164.017 to read as follows:
Subpart 164.017--Fire Retardant Resins for Lifeboats and Rescue Boats
Sec.
164.017-1 Scope.
164.017-3 Definitions.
164.017-5 Incorporation by reference.
164.017-7 Acceptance criteria.
164.017-9 Procedure for acceptance.
164.017-11 Production quality control requirements.
164.017-13 Marking, labeling, and instructions for use.
164.017-15 Procedure for acceptance of material change.
Subpart 164.017--Fire Retardant Resins for Lifeboats and Rescue
Boats
Sec. 164.017-1 Scope.
This subpart contains performance requirements, acceptance tests,
and production testing and inspection requirements for fire retardant
resins used in the construction of lifeboats approved under 46 CFR part
160, subpart 160.135 and rescue boats approved under 46 CFR part 160,
subpart 160.156.
Sec. 164.017-3 Definitions.
In this subpart, the term:
Acceptance means certification by the Coast Guard that a component
is suitable for use in the manufacture of Coast Guard-approved
lifeboats and rescue boats.
Commandant means the Commandant (CG-5214), U.S. COAST GUARD, 2100
2ND ST., SW., STOP 7126, WASHINGTON, DC 20593-7126.
Sec. 164.017-5 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at COMMANDANT (CG-5214), U.S. COAST GUARD, 2100 2ND ST., SW., STOP
7126, WASHINGTON, DC 20593-7126 and is available from the sources
indicated in this section.
(b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D 543-06 Standard Test Method for Resistance of Plastics
to Chemical Reagents, IBR approved for Sec. 164.017-7 (``ASTM D
543'').
(2) ASTM D 570-98(2005) Standard Test Method for Water Absorption
of Plastics, IBR approved for Sec. 164.017-7 (``ASTM D 570'').
(3) ASTM D 638-08 Standard Test Method for Tensile Properties of
Plastics, IBR approved for Sec. 164.017-7 (``ASTM D 638'').
(4) ASTM D 695-08 Standard Test Method for Compressive Properties
of Rigid Plastics, IBR approved for Sec. 164.017-7 (``ASTM D 695'').
(5) ASTM D 790-07e1 Standard Test Methods for Flexural Properties
of Unreinforced and Reinforced Plastics and Electrical Insulating
Materials, IBR approved for Sec. 164.017-7 (``ASTM D 790'').
(6) ASTM D 792-08 Standard Test Methods for Density and Specific
Gravity (Relative Density) of Plastics by Displacement, IBR approved
for Sec. 164.017-7 (``ASTM D 792'').
(7) ASTM D 1045-08 Standard Methods of Sampling and Testing
Plasticizers used in Plastics, IBR approved for Sec. 164.017-7 (``ASTM
D 1045'').
(8) ASTM D 1824-95(2002) Standard Test Method for Apparent
Viscosity of Plastisols and Organosols at Low Shear Rates, IBR approved
for Sec. 164.017-7 (``ASTM D 1824'').
(9) ASTM D 2471-99 Standard Test Method for Gel Time and Peak
Exothermic Temperature of Reacting Thermosetting Resins, IBR approved
for Sec. 164.017-7 (``ASTM D 2471'').
(10) ASTM D 2583-07 Standard Test Method for Indentation Hardness
of Rigid Plastics by Means of a Barcol Impressor, IBR approved for
Sec. 164.017-7 (``ASTM D 2583'').
(11) ASTM D 2584-08 Standard Test Method of Ignition Loss for Cured
Reinforced Resins, IBR approved for Sec. 164.017-7 (``ASTM D 2584'').
(12) ASTM G 154-06 Standard Practice for Operating Fluorescent
Light Apparatus for UV Exposure of Nonmetallic Materials, IBR approved
for Sec. 164.017-7 (``ASTM G 154-06'').
(c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
(1) MSC Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, IBR approved for Sec. 164.017-7 (``IMO MSC Circ. 1006'').
(2) [Reserved]
(d) International Organization for Standardization (ISO): ISO
Central Secretariat [ISO Copyright Office], Case Postale 56, CH-1211
Geneve 20, Switzerland.
(1) ISO 62:2008 Plastics--Determination of water absorption, IBR
approved for Sec. 164.017-7 (``ISO 62'').
(2) ISO 175:1999 Plastics--Methods of test for the determination of
the effects of immersion in liquid chemicals, IBR approved for Sec.
164.017-7 (``ISO 175'').
(3) ISO 14125:1998 Fibre-reinforced plastic composites--
Determination of flexural properties, IBR approved for Sec. 164.017-7
(``ISO 14125'').
(4) ISO 527-1:1993 Plastics--Determination of tensile properties;
IBR approved for Sec. 164.017-7 (``ISO 527'').
(5) ISO 604:2002 Plastics--Determination of compressive properties,
IBR approved for Sec. 164.017-7 (``ISO 604'').
(6) ISO 1172:1996 Textile-glass-reinforced plastics--Prepregs,
moulding compounds and laminates--Determination of the textile-glass
and mineral-filler content--Calcination methods, IBR approved for Sec.
164.017-7 (``ISO 1172'').
(7) ISO 1183-1:2004 Plastics--Methods for determining the density
of non-cellular plastics-Part 1: Immersion method, liquid pyknometer
method and titration method, IBR approved for Sec. 164.017-7 (``ISO
1183'').
(8) ISO 1675:1985 Plastics--Liquid resins--Determination of density
by the pyknometer method, IBR approved for Sec. 164.017-7 (``ISO
1675'').
(9) ISO 2039-1:2001 Determination of hardness--Part 1: Ball
indentation method, IBR approved for Sec. 164.017-7 (``ISO 2039-1'').
(10) ISO 2039-2:1097 Determination of hardness--Part 1: Rockwell
hardness, IBR approved for Sec. 164.017-7 (``ISO 2039-2'').
(11) ISO 2114:2000 Plastics (polyester resins) and paints and
varnishes (binders)--Determination of partial acid value and total acid
value, IBR approved for Sec. 164.017-7 (``ISO 2114'').
(12) ISO 2535:2001 Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature, IBR approved for Sec.
164.017-7 (``ISO 2535'').
(13) ISO 2555:1989 Plastics--Resins in the liquid state or as
emulsions or dispersions--Determination of apparent
[[Page 53517]]
viscosity by the Brookfield test method, IBR approved for Sec.
164.017-7 (``ISO 2555'').
(e) Military Specifications and Standards, Standardization Order
Desk, Building 4D, 700 Robins Avenue, Philadelphia, PA 19111-5094,
https://assist.daps.dla.mil/quicksearch/.
(1) MIL-C-19663D: Cloth, Woven Roving, For Plastic Laminate, 4 AUG
1998, IBR approved for Sec. 164.017-7 (``MIL-C-19663D'').
(2) MIL-P-17549D(SH): Plastic Laminates, Fibrous Glass Reinforced,
Marine, 31 AUG 1981, IBR approved for Sec. 164.017-7 ``(MIL-P-
17549D(SH)'').
(3) MIL-R-7575 C, Resin, Polyester, Low Pressure Laminating, 29
June 1966, IBR approved for Sec. 164.017-7 (``MIL-R-7575 C'').
(4) MIL-R-21607E(SH), Resins, Polyester, Low Pressure Laminating,
Fire-Retardant, 25 May 1990, IBR approved for Sec. 164.017-7 (``MIL-R-
21607E(SH)'').
(5) MIL-R-24719(SH), Resins, Vinyl Ester, Low Pressure Laminating,
4 May 1989, IBR approved for Sec. 164. 017-7 (``MIL-R-24719(SH)'').
Sec. 164.017-7 Acceptance criteria.
(a) The laminating resin must pass the inspections and tests
specified in this section. The inspections and tests required by this
section, including weathering of samples, are the responsibility of the
manufacturer and must be performed by an independent laboratory.
(1) Polyester resins. (i) The resin must meet the specifications of
Grade A, Class O resin of MIL-R-7575C (incorporated by reference, see
Sec. 164.017-5) and meet the specifications conforming to Grade A
(standard flame resistance) of MIL-R-21607E(SH) (incorporated by
reference, see Sec. 164.017-5).
(ii) MIL-R-21607E(SH) Grade B resins will be given consideration
upon request.
(2) Vinyl ester resins. The resin must meet the specifications of
Grade B (fire retardant) resin of MIL-R-24719(SH) (incorporated by
reference, see Sec. 164.017-5) and must be tested and meet the
requirements of weathering and post-weathering mechanical testing as
shown in Table 164.017-7 of this section. Samples for the weathering
must be prepared in accordance with MIL-R-7575C paragraph 4.3.1.1.
(3) All other resins. Each resin formulation submitted for Coast
Guard approval, other than those addressed in paragraphs (a)(1) and (2)
of this section, must be tested and meet the requirements of Table
164.017-7 of this section.
(b) [Reserved]
Table 164.017-7--Alternative Test Method Standards for Laminating Resins
for Use in Lifeboats, Rescue Boats, and Other Lifesaving Equipment \1\
------------------------------------------------------------------------
Property Test methods
------------------------------------------------------------------------
(c) MATERIAL IDENTIFICATION TESTS \2\
------------------------------------------------------------------------
(1) Uncatalyzed Liquid Resin:
(i) Specific gravity............... ISO 1675 or ASTM D 1045.
(ii) Viscosity..................... ISO 2555 or ASTM D 1824.
(iii) Acid number.................. ISO 2114 or ASTM D 1045.
(2) Catalyzed Resin
(i) Max gel time................... ISO 2535 or ASTM D 2471.
(ii) Peak exotherm................. ASTM D 2471
(3) Cured Unfilled Resin
(i) Barcol hardness................ ISO 2039 or ASTM D 2583.
(ii) Specific gravity/density...... ISO 1183 or ASTM D 792.
----------------------------------------------------------------------------------------------------------------
Property Test method Requirements \3\
----------------------------------------------------------------------------------------------------------------
(d) LENGTHWISE MECHANICAL & PHYSICAL PROPERTIES OF GLASS CLOTH BASE PLASTIC LAMINATE
(Lengthwise direction of test specimens is parallel to the warp direction of glass fabric)
----------------------------------------------------------------------------------------------------------------
(1) Tested Under Standard Conditions
----------------------------------------------------------------------------------------------------------------
(i) Ultimate strength, flatwise.. ISO 14125 or ASTM D 790 345 MPa (50,000 lb/in\2\).
(ii) Initial modulus of ISO 14125 or ASTM D 790 18,616 MPa (2.7 x 10E6 lb/in\2\).
elasticity, flatwise.
(iii) Ultimate tensile strength.. ISO 527 or ASTM D 638.. 278 MPa (40,000 lb/in\2\).
(iv) Ultimate compressive ISO 604 or ASTM D 695.. 241 MPa (35,000 ln/in\2\).
strength, edgewise.
(v) Fire retardant............... MSC Circ. 1006......... Pass.
(vi) Water absorption, 24-hour ISO 62 or ASTM D 570... 0.5% max change in weight.
immersion.
(vii) Barcol hardness............ ISO 2039 or ASTM D 2583 55.
(viii) Specific gravity/density.. ISO 1183 or ASTM D 792. (\2\)
(ix) Resin content, percentage... ISO 1172 or ASTM D 2584 (\2\)
----------------------------------------------------------------------------------------------------------------
(2) Tested Under Wet Conditions (Specimens must be immersed for 2 hours in boiling distilled water as per ASTM D
570 paragraph 7.5. The specimens must then be cooled in water at 23 [deg]C and tested wet at standard
conditions immediately after removal from the water.)
----------------------------------------------------------------------------------------------------------------
(i) Ultimate strength, flatwise.. ISO 14125 or ASTM D 790 310 MPa (45,000 lb/in\2\).
(ii) Initial modulus of ISO 14125 or ASTM D 790 17,237 MPa (2.5 x 10E6 lb/in\2\).
elasticity, flatwise.
(iii) Ultimate tensile strength.. ISO 527 or ASTM D 638.. 278 MPa (40,000 lb/in\2\).
(iv) Ultimate compressive ISO 604 or ASTM D 695.. 241 MPa (35,000 ln/in\2\).
strength, edgewise.
----------------------------------------------------------------------------------------------------------------
(3) Tested Under Elevated Temperature Conditions (Specimens must be exposed to 70 [deg]C for 1 hour and tested
at that temperature.)
----------------------------------------------------------------------------------------------------------------
(i) Ultimate strength, flatwise.. ISO 14125 or ASTM D 790 276 MPa (40,000 lb/in\2\).
(ii) Initial modulus of ISO 14125 or ASTM D 790 15,858 MPa (2.3 x 10E6 lb/in\2\).
elasticity, flatwise.
----------------------------------------------------------------------------------------------------------------
[[Page 53518]]
(4) Tested After Exposure to Liquid Chemicals (Standard test chemical reagents.)
----------------------------------------------------------------------------------------------------------------
(i) Change in mass & dimensions.. ISO 175 or ASTM D 543.. 0.1% max.
(ii) Ultimate strength........... ISO 14125 or ASTM D 790 (\2\)
----------------------------------------------------------------------------------------------------------------
(5) Tested After Weathering (Specimens must be weathered by either: 1 year per MIL-R-7575C or 500-hour exposure
per ASTM G154 Table X2.1 Cycle 3.)
----------------------------------------------------------------------------------------------------------------
(i) Ultimate strength, flatwise.. ISO 14125 or ASTM D 790 310 MPa (45,000 lb/in\2\).
(ii) Initial modulus of ISO 14125 or ASTM D 790 17,237 MPa (2.5 x 10E6 lb/in\2\).
elasticity, flatwise.
(iii) Fire retardant............. MSC Circ. 1006......... Pass.
----------------------------------------------------------------------------------------------------------------
\1\ Each standard in this table is incorporated by reference, see Sec. 164.017-5.
\2\ There are no requirements for these properties, but the values must be determined and reported. Calculations
for ultimate flexural strength after immersion in chemical fluids must be based on the dimensions of the
specimens before immersion.
\3\ The specimens must show no cracking, crazing, softening, delamination, or any other visible deterioration
after conditioning exposure or immersions.
Sec. 164.017-9 Procedure for acceptance.
(a) Fire retardant resin is not subject to formal approval, but
will be accepted by the Coast Guard on the basis of this subpart for
use in the manufacture of lifesaving equipment. Coast Guard acceptance
of fire retardant resin for use in the manufacture of lifesaving
equipment does not guarantee Coast Guard acceptance of the manufactured
lifesaving equipment.
(b) Resin manufacturer requirements. The resin manufacturer must
submit the test report, material data sheet, including instructions for
use, and quality control procedures in accordance with 46 CFR 159.005-
9.
(c) Independent laboratory requirements. The independent laboratory
must perform each inspection and test required by Sec. 164.017-7 of
this subpart, and prepare a report in accordance with 46 CFR 159.005-11
and submit the report to the Commandant for acceptance.
Sec. 164.017-11 Production quality control requirements.
The resin manufacturer must institute a quality control procedure
to ensure that all Coast Guard-accepted resin is produced to the same
standard, and in the same manner as the tested resin accepted by the
Commandant. The manufacturer's quality control personnel must not work
directly under the department or person responsible for either
production or sales.
Sec. 164.017-13 Marking, labeling, and instructions for use.
(a) Marking and labeling. Each container for the resin must be
permanently marked with at least the following information--
(1) Manufacturer's name or trademark, batch number, date of
manufacture, and date of expiration;
(2) Chemical type of the resin;
(3) Maximum usable storage life of the resin (uncatalyzed and
catalyzed) and recommended storage conditions;
(4) Maximum allowable shelf life at various temperatures of
impregnated fabric before curing; and
(5) Precautionary markings.
(b) Instructions for use must be included with each shipment of
approved material and must include--
(1) Recommended mixing and impregnating procedures, including
recommended types, percentages, and manner of utilization of catalysts,
retardants, and fillers, as applicable;
(2) Range of time, temperature, and pressure cycles recommended to
effect the cure for laminates; and
(3) Precautionary information on usage, storage, and handling.
Sec. 164.017-15 Procedure for acceptance of material change.
(a) Each change in material from the resin accepted under Sec.
164.017-9 of this subpart must be accepted by the Commandant before
being used in any production lifeboat or rescue boat. The manufacturer
must submit any such change following the procedures set forth in Sec.
164.017-9 of this subpart, but documentation on items that are
unchanged from the resin accepted under Sec. 164.017-9 of this subpart
need not be resubmitted.
(b) Determinations of equivalence of materials will be made by the
Commandant only.
49. Add subpart 164.900 to read as follows:
Subpart 164.900--Preemption
Sec.
164.900-1 Preemption of State or Local law.
164.900-3 [Reserved]
Subpart 164.900--Preemption
Sec. 164.900-1 Preemption of State or local law.
The regulations in this part have preemptive effect over State or
local regulation within the same field.
Sec. 164.900-3 [Reserved]
PART 180--LIFESAVING EQUIPMENTS AND ARRANGEMENTS
50. The authority citation for part 180 continues to read as
follows:
Authority: 46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
51. In Sec. 180.150, revise paragraph (a) introductory text and
add paragraph (c) to read as follows:
Sec. 180.150 Survival craft embarkation arrangements.
(a) A launching appliance described in paragraph (c) of this
section, or a marine evacuation system approved under approval series
160.175, must be provided for each inflatable liferaft and inflatable
buoyant apparatus when either--
* * * * *
(c) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
(1) A davit approved under 46 CFR part 160, subpart 160.132 for use
with a liferaft, with a winch approved under 46 CFR part 160, subpart
160.115 for use with a liferaft; or
(2) A launching appliance approved on or before (EFFECTIVE DATE OF
FINAL RULE) under approval series 160.163.
[[Page 53519]]
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
52. The authority citation for part 199 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L 103-206, 107 Stat. 2439;
Department of Homeland Security Delegation No. 0170.1.
53. Revise Sec. 199.150(a) to read as follows:
Sec. 199.150 Survival craft launching and recovery arrangements;
general.
(a)(1) Each launching appliance must be approved under 46 CFR part
160, subpart 160.132 for use with the intended craft, with a winch
approved under 46 CFR part 160, subpart 160.115 for use with the
intended craft.
(2) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
(i) A launching appliance described in paragraph (a)(1) of this
section; or
(ii) A launching appliance approved on or before (EFFECTIVE DATE OF
FINAL RULE) under approval series 160.163.
* * * * *
Dated: August 16, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2010-20917 Filed 8-30-10; 8:45 am]
BILLING CODE 9110-04-P