[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62962-63015]
[FR Doc No: 2011-25035]

Vol. 76

Tuesday,

No. 196

October 11, 2011

Part IV

Department of Homeland Security

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Coast Guard

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46 CFR Parts 108, 117, et al.

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

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

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

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

Lifesaving Equipment: Production Testing and Harmonization With
International Standards

AGENCY: Coast Guard, DHS.

ACTION: Interim rule.

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SUMMARY: The Coast Guard is amending its regulations for certain
lifesaving equipment, including launching appliances (winches and
davits), release mechanisms, survival craft (lifeboats, inflatable
liferafts, and inflatable buoyant apparatuses), rescue boats, and
automatic disengaging devices. The amended regulations harmonize the
Coast Guard's design, construction, and performance standards for this
lifesaving equipment with international standards. In addition, the
regulations provide for the use of qualified independent laboratories,
instead of Coast Guard inspectors, during the approval process and for
production inspections of certain types of lifesaving equipment.
Because the International Maritime Organization (IMO) has recently
changed its international standards for lifeboat release mechanisms,
the Coast Guard is issuing these amended regulations as an interim rule
and will finalize the regulations after proposing amendments as
necessary to address the recent IMO changes regarding release
mechanisms. Additionally, recent IMO action modified the international
standards for liferafts, and the Coast Guard is proposing new changes
to its regulations to implement the modified international standards.
The Coast Guard is publishing the proposal regarding liferafts
separately in the Proposed Rules section of this issue of the Federal
Register.

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

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0048 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0048 in the ``Keyword'' box, and then clicking
``Search.''
    Viewing incorporation by reference material. You may inspect the
material incorporated by reference at U.S. Coast Guard Headquarters,
2100 Second Street, SW., Stop 7126, Washington, DC 20593-7126 between 9
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>. Copies of the material are available
as indicated in the ``Incorporation by Reference'' section of this
preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, e-
mail or call Mr. George Grills, P.E., Commercial Regulations and
Standards Directorate, Office of Design and Engineering Standards,
Lifesaving and Fire Safety Division (CG-5214), Coast Guard; telephone
202-372-1385, e-mail<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
    A. International Standards
    B. Independent Laboratories
    C. Other Revisions
IV. Discussion of Comments and Changes
    A. Discussion of Changes from the NPRM
    B. Discussion of Comments on the NPRM
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. International Trade Impacts
    M. Technical Standards
    N. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))
    O. Environment

I. Abbreviations

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

II. Regulatory History

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

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

III. Basis and Purpose

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

A. International Standards

    International safety standards for the lifesaving equipment
addressed by this rulemaking are established by the Parties to SOLAS,
including the United States, acting through the IMO. The international
standards for lifesaving equipment (IMO standards) addressed by this
rulemaking implement the requirements of Chapter III of SOLAS. The IMO
standards specify design, construction, performance, and testing
requirements for required lifesaving equipment, including launching
appliances, release mechanisms, survival craft, rescue boats, and
automatic disengaging devices. The primary IMO standards implementing
Chapter III of SOLAS are--
     International Life-saving Appliance Code (``LSA Code'')
(IMO Resolution MSC.48(66), as amended by IMO Resolutions MSC.207(81),
MSC.218(82), MSC.272(85), and MSC.293(87)); see SOLAS Chapter III,
Regulation 4; \1\ and
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    \1\ As discussed above, IMO recently adopted IMO Resolution
MSC.293(87). The only amendment to the LSA Code made by this
resolution relevant to this rulemaking affects capacity requirements
for inflatable life rafts and inflatable buoyant apparatuses. This
amendment is discussed in more detail in the SNPRM.
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     Revised recommendation on testing of life-saving
appliances (``Recommendation on Testing'') (IMO Resolution MSC.81(70),
as amended by IMO Resolutions MSC.226(82), MSC.274(85), and
MSC.295(87)); see SOLAS Chapter III, Regulation 4.\2\
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    \2\ As discussed above, IMO recently adopted IMO Resolution
MSC.295(87). The only amendment to the revised recommendation on
testing made by this resolution relevant to this rulemaking affects
tests, accounting for the change in capacity requirements, for
inflatable liferafts and inflatable buoyant apparatuses. This
amendment is discussed in more detail in the SNPRM.
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    The United States actively participated in the negotiations that
led to the development of these IMO standards. The Coast Guard
considers these IMO standards to represent the best available standards
for lifesaving appliances and to be appropriate for lifesaving
appliances for all vessels subject to inspection by the United States.
In order to facilitate international commerce with other contracting
governments to SOLAS that follow IMO standards, and to achieve the
benefits of the increased safety of adhering to these IMO standards,
the Coast Guard has, pursuant to 46 U.S.C. 3306 and 46 CFR 159.005-
7(c), deemed compliance by U.S. flag ships with the IMO standards as
compliance with Coast Guard domestic regulations.
    In this interim rule, the Coast Guard harmonizes its regulations
for certain lifesaving equipment with international standards by
incorporating the IMO standards into regulations in 46 CFR part 160.

B. Independent Laboratories

    The Coast Guard has a long history of recognizing the
qualifications of independent laboratories, working under the Coast
Guard's oversight, to do work traditionally conducted by Coast Guard
inspectors. In 1979, the Coast Guard promulgated 46 CFR part 159
establishing procedures and standards for accepting independent
laboratories for witnessing or performing certain tests and conducting
inspections for certain equipment and materials requiring Coast Guard
approval. See 44 FR 73038 (December 17, 1979). The Coast Guard
promulgated 46 CFR part 159 under the authority in 46 U.S.C. 481 (1976)
(Regulations for vessels subject to Coast Guard inspection).\3\ In
1983, Congress revised and recodified the maritime laws of the United
States moving the relevant authority for 46 CFR part 159 to new 46
U.S.C. 3306.\4\ See Public Law 98-89 Partial

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

C. Other Revisions

    In this interim rule, the Coast Guard also revises the structure of
certain subparts affected by this rulemaking, and makes additional
conforming, appliance-specific changes to these subparts not related to
harmonization with international standards or use of independent
laboratories.

IV. Discussion of the Comments and Changes

    The Coast Guard's regulations addressing lifesaving equipment are
found in 46 CFR part 160. Each subpart addresses a specific type of
lifesaving equipment. The Coast Guard is amending these subparts to:
     Harmonize its regulations with IMO standards for launching
appliances (winches and davits), release mechanisms, survival craft
(lifeboats, inflatable liferafts, and inflatable buoyant apparatuses),
and rescue boats, and add new harmonized rules addressing automatic
disengaging devices;
     Incorporate the use of independent laboratories, under
Coast Guard oversight, for Coast Guard approval procedures for
launching appliances, lifeboats, rescue boats, and release mechanisms,
and add such use of independent laboratories to new rules addressing
automatic disengaging devices; and
     Revise the structure of certain subparts affected by this
rulemaking, and make additional appliance-specific changes to these
subparts not related to harmonization with international standards or
use of independent laboratories. This revision includes updating,
adding, or removing certain standards incorporated by reference and
creating a new subpart in 46 CFR part 164 addressing fire-retardant
resins used in the construction of lifeboats and rescue boats.

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

A. Discussion of Changes From the NPRM

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

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

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

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

B. Discussion of Comments on the NPRM

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

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

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

    No, the Coast Guard retains the responsibility for design review
for liferafts under provisions in current 46 CFR part 160, subpart
160.151, and those provisions are not affected by this rulemaking.
    One commenter noted that various steps of the approval process are
split between the Coast Guard and an independent laboratory for some
equipment. The commenter suggested it should be ensured that the same
party is involved with all parts of the approval process.
    The Coast Guard disagrees. As noted in the NPRM preamble, the Coast
Guard retains authority for the phases of the approval process that
involve decisions about the acceptability and approvability of
lifesaving equipment design and performance, preapproval plan review
and prototype testing. Additionally, the Coast Guard remains the sole
issuer of Certificates of Approval (except where approval numbers are
issued in accordance with the US/EC MRA or the US/EEA-EFTA MRA, as
discussed above).
    One commenter suggested that the use of independent laboratories
for plan review and prototype inspection and tests be limited to
manufacturers that already hold Coast Guard Certificates of Approval
for the type of equipment under consideration, and independent
laboratories already involved in inspection of the type of equipment
involved.
    The Coast Guard disagrees with the suggested blanket limitation
because, as stated in the NPRM, the authority for independent
laboratories to perform these functions will be defined in the course
of acceptance of the independent laboratory in accordance with 46 CFR
part 159, subpart 159.010. The commenter's suggestion may be
considered, as appropriate, in the course of accepting specific
independent laboratories for approval of specific types of equipment.
The Coast Guard notes that an entity must already be involved in
inspection of the type of equipment for which they apply in order to be
an accepted independent laboratory under 46 CFR part 159, subpart
159.010.
    One commenter asked whether the proposed rulemaking satisfies the
court order of May 31, 1983, effectuating the decision in U.S.
Lifesaving Equipment Manufacturers Association v. Dole, 567 F.Supp.
696, (May 4, 1983). Specifically, the court order prohibited the Coast
Guard from requiring or authorizing ``any manufacturer or manufacturers
of liferafts, lifeboats, or lifeboat equipment to have such equipment
inspected or tested by an independent laboratory unless USCG shall have
first (a) Published an appropriate notice of proposed rulemaking in the
Federal Register advising interested persons of the scope and effect of
and reasons for the proposed new requirement, (b) provided an
opportunity for public comment thereon, (c) fully considered all such
comments, and (d) included in the final regulation an adequate
statement of the basis and purpose of the new requirements.''
    Yes, the Coast Guard satisfies that court order with (a)
Publication of the NPRM on August 30, 2010, (b) the public comment
period that closed on November 29, 2010, (c) this discussion of
comments evidencing Coast Guard's consideration of all comments, and
(d) the discussion above under III, Basis and Purpose.
    One commenter stated that they think the word ``advertise'' in
Sec.  159.010-3(a)(3)-(5) (requiring an independent laboratory not be
owned or controlled by a manufacturer, vendor, or supplier of materials
for the equipment or material to be inspected; not be dependent on
acceptance as an independent laboratory to remain in business, and not
advertise or promote equipment or materials that the independent
laboratory inspects or tests), can be taken to mean that an independent
laboratory cannot list the products it has approved or allow the use of
its logos on such products.
    The Coast Guard agrees that under longstanding Coast Guard policy,
independent laboratories may, and commonly do, mark and list equipment
they have tested. The Coast Guard emphasizes, however, that under the
subparts affected by this rulemaking, independent laboratories do not
approve equipment on behalf of the Coast Guard.
    One commenter suggested that the proposed rule provisions for
permitting the use of equivalent materials should require the
independent laboratory to prepare the justification of equivalency for
acceptance by the Commandant. The commenter suggested that Coast Guard
staff should not have to do the research required to accept such
equivalencies.
    The Coast Guard concurs with the spirit of the comment to relieve
Coast Guard staff of researching equivalencies. Under longstanding
Coast Guard policy, it is the burden of the manufacturer to demonstrate
equivalency when requesting such a determination. No regulatory text
changes are necessary.
    One commenter asked if the Coast Guard intends that a laboratory
would be required to verify the quality assurance and quality control
process in a given factory and monitor batch testing of resins, per the
following NPRM preamble statement: ``The scope of proposed subpart
164.017 would state that the subpart contains performance requirements,
acceptance tests, and production testing and inspection requirements
for fire retardant resins used in the construction of lifeboats and
rescue boats approved under proposed 46 CFR part 160, subparts 160.135
and 160.156. See proposed Sec.  164.017-1.''
    No, the intent of this rulemaking is not to require independent
laboratories to verify the quality assurance and quality control
process at a resin manufacturer. The Coast Guard notes that new 46 CFR
part 164, subpart 164.120 (proposed in the NPRM as subpart 164.017)
does not contain such a requirement. The Coast Guard accepts
independent laboratories for the testing and inspections of specific
equipment or materials. An independent laboratory accepted for resin
may not be the same independent laboratory accepted for lifeboats or
rescue boats.
    One commenter suggested that Table 1, ``IMO Standards and Coast
Guard Proposed Interpretations,'' in the NPRM preamble should be
included in the final rule because of its usefulness in showing
differences between IMO standards and Coast Guard interpretations of
those standards.
    While the Coast Guard included Table 1 in the NPRM preamble to aid
readers in understanding the regulatory text, the regulatory text is
the official legal language. Table 1, however, will remain available
for reference as published in the NPRM.
    One commenter expressed support for Sec.  160.135-7(b)(2),
describing operator visibility requirements which exceed the
requirements of the IMO LSA Code.
    The Coast Guard appreciates the support.
    One commenter asked whether, per the preamble statement indicating
that the Coast Guard will require the installation of navigation lights
on lifeboats and rescue boats, consistent with the International
Regulations for Preventing Collisions at Sea (COLREGS) requirements,
the Coast Guard will present such a proposal to IMO for consideration.
    No, the Coast Guard does not consider such a proposal necessary
since neither SOLAS nor the LSA Code exempt lifeboats or rescue boats
from navigational lights as required by the COLREGS for a vessel of the
relevant size and speed.
    One commenter asked that the Coast Guard make available the data
used in the analysis of the proposed rule's effect on small entities.

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

V. Incorporation by Reference

    The Director of the Federal Register has approved the material in
46 CFR 160.010-1, 160.051-5, 160.115-5, 160.132-5, 160.133-5, 160.135-
5, 160.151-5, 160.156-5, 160.170-5, and 164.120-5 for incorporation by
reference under 5 U.S.C. 552 and 1 CFR part 51. You may inspect this
material at U.S. Coast Guard Headquarters where indicated under
ADDRESSES. Copies of the material are available from the sources listed
in paragraph (b) in each of those sections.

VI. Regulatory Analyses

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

A. Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. OMB has not reviewed it under that Order.
    Comments on the proposed rule are summarized in the ``Discussion of
Comments and Changes'' section of this preamble. The Coast Guard
received no comments that altered our assessment of impacts in the
NPRM. We have found no additional data or information that changed our
findings in the NPRM. We have adopted the assessment in the NPRM for
this rule as final.
    A ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' is available in the docket where indicated under
the ``Public Participation and Request for Comments'' section of this
preamble. A summary of the analysis follows:
    As previously discussed, the Coast Guard will amend 46 CFR part 160
to harmonize its regulations with IMO standards governing certain types
of lifesaving equipment. The Coast Guard also will incorporate the use
of independent laboratories for Coast Guard approval procedures for
certain types of lifesaving equipment, including requiring the use of
independent laboratories at certain stages of the approval procedures
in lieu of Coast Guard personnel who currently perform these
inspections and witness these tests.
    We expect the changes to harmonize existing regulations with
international standards to have no additional costs for manufacturers
of lifesaving equipment. In order for their lifesaving equipment to be
used on vessels for international voyages from any nation that is a
SOLAS signatory, equipment manufacturers must currently comply with the
international standards for lifesaving equipment established by SOLAS.
We expect the rule reflects existing industry practices adopted in
response to these international standards governing the performance of
certain types of lifesaving equipment.
    We expect the changes to require the use of independent
laboratories instead of Coast Guard personnel will result in additional
costs for manufacturers of certain types of lifesaving equipment.
    Currently, the Coast Guard does not charge for its inspections
(although

overseas manufacturing facilities reimburse the Coast Guard for travel
and subsistence costs of Coast Guard inspectors). The use of
independent laboratories required by this rule will create a new cost
for manufacturers of lifesaving equipment. However, the costs of
inspections by independent laboratories will be partially offset by an
overall reduction in the number of inspections, made possible through
the coordination of independent laboratories. Manufacturers will be
able to schedule inspections and testing for independent laboratories
acting on behalf of multiple nations, including the U.S., rather than
requiring separate Coast Guard inspections and testing by Coast Guard
inspectors. This coordinated use of independent laboratories will avoid
multiple inspections and testing of the same equipment (see the
``Independent Laboratories'' section for more details).
    Data obtained from the Coast Guard Maritime Information Exchange
(CGMIX) indicates that the population affected by this rule includes
eight U.S. manufacturers and 76 foreign manufacturers of lifesaving
equipment. We estimate the annual costs to manufacturers for using
independent laboratories are approximately $130,000 for U.S. firms and
approximately $683,000 for foreign firms (undiscounted). Over a 10-year
period of analysis, we estimate the total present value costs of the
rulemaking are approximately $913,000 for U.S. firms and approximately
$4.8 million for foreign firms, discounted at seven percent. We
estimate the total present value cost of the rulemaking to be about
$5.7 million over a 10-year period of analysis.
    The other changes, not resulting from harmonization with internal
standards or use of independent laboratories, update Coast Guard
regulations to reflect current practice or newer versions of existing
standards and have minimal costs. These include an amendment specifying
the attachment point for sea anchors to liferafts, and the addition of
a new subpart in 46 CFR part 164 addressing resins used in the
construction of lifeboats and rescue boats and incorporating the use of
equivalent international standards as an alternative to national
consensus standards.
    The benefits of the rule include compliance with U.S. obligations
as a SOLAS signatory and the removal of inconsistencies between
international standards and the Coast Guard's current regulations. The
rule also provides possible savings for manufacturers from coordination
efficiencies for inspections and increased efficiency for the Coast
Guard from greater flexibility in assigning its human resources,
particularly those stationed at overseas Coast Guard offices.
    The ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' available on the docket provides additional
detail on the costs and benefits of this rulemaking.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard has considered whether this rule will have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    A combined ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' discussing the impact of this rule on small
entities is available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
    In the NPRM, the Coast Guard certified under 5 U.S.C. 605(b) that
the rule would not have a significant economic impact on a substantial
number of small entities. We received no comments on this certification
and have made no changes that would alter our assessment of the impacts
in the NPRM.
    We determined that six of the eight U.S. firms manufacturing
lifesaving equipment are classified as small entities under the Small
Business Administration size standards. We estimate the annual costs to
use independent laboratories is less than 0.5 percent of revenue for
five of the six small entities and less than 1.25 percent of revenue
for one of the six small entities. However, these estimates do not
include adjustments for manufacturer savings from the coordinated use
of independent laboratories that will avoid multiple inspections and
testing of the same equipment (see the ``Independent Laboratories''
section for more details).
    Based on this information, the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.

C. Assistance for Small Entities

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

D. Collection of Information

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

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

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and will either preempt State law or impose a substantial
direct cost of compliance on them.
    The U.S. Supreme Court has long recognized the field preemptive
impact of the Federal regulatory regime for inspected vessels. See,
e.g., Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and the
consolidated cases of United States v. Locke and Intertanko v. Locke,
529 U.S. 89, 113-116 (2000). Therefore, the Coast Guard's view is that
regulations issued under the authority of 46 U.S.C. 3306 in the areas
of design, construction, alteration, repair, operation,
superstructures, hulls, fittings, equipment, appliances, propulsion
machinery, auxiliary machinery, boilers, unfired pressure vessels,
piping, electric installations, accommodations for passengers and crew,
sailing school instructors, sailing school students, lifesaving
equipment and its use, firefighting equipment, its use and
precautionary measures to guard against fire, inspections and tests
related to these areas and the use of vessel stores and other supplies
of a dangerous nature have preemptive effect over State regulation in
these fields, regardless of whether the Coast Guard has issued
regulations on the subject or not, and regardless of the existence of
conflict between the state and Coast Guard regulation.
    While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, as these categories are within a field foreclosed
from regulation by the States (see U.S. v. Locke, above), the Coast
Guard recognizes the key role state and local governments may have in
making regulatory determinations. Additionally, Sections 4 and 6 of
Executive Order 13132 require that for any rules with preemptive
effect, the Coast Guard shall provide elected officials of affected
state and local governments and their representative national
organizations the notice and opportunity for appropriate participation
in any rulemaking proceedings, and to consult with such officials early
in the rulemaking process. Therefore, we invited affected state and
local governments and their representative national organizations to
indicate their desire for participation and consultation in this
rulemaking. We received no such indications.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. International Trade Impacts

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

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards will be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
    This rule uses the following voluntary consensus standards:
     ASTM A 36/A 36M-08, Standard Specification for Carbon
Structural Steel, (approved May 15, 2008);
     ASTM A 216/A 216M-08, Standard Specification for Steel
Castings, Carbon, Suitable for Fusion Welding for High-Temperature
Service, (approved November 1, 2008);
     ASTM A 276-08a, Standard Specification for Stainless Steel
Bars and Shapes, (approved October 1, 2008);
     ASTM A 313/A313M--08, Standard Specification for Stainless
Steel Spring Wire, (approved October 1, 2008);
     ASTM A 314-08, Standard Specification for Stainless Steel
Billets and Bars for Forging, (approved October 1, 2008);
     ASTM A 653/A 653M-08, Standard Specification for Steel
Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated
(Galvannealed) by the Hot-Dip Process, (approved July 15, 2008);

     ASTM B 127-05 (Reapproved 2009), Standard Specification
for Nickel-Copper Alloy (UNS N04400) Plate, Sheet, and Strip, (approved
October 1, 2009);
     ASTM B 209-07, Standard Specification for Aluminum and
Aluminum-Alloy Sheet and Plate, (approved August 1, 2007);
     ASTM D 543-06, Standard Practices for Evaluating the
Resistance of Plastics to Chemical Reagents, (approved April 1, 2006);
     ASTM D 570-98 (Reapproved 2005), Standard Test Method for
Water Absorption of Plastics, (approved November 1, 2005);
     ASTM D 638-08, Standard Test Method for Tensile Properties
of Plastics, (approved April 1, 2008);
     ASTM D 695-08, Standard Test Method for Compressive
Properties of Rigid Plastics, (approved August 1, 2008);
     ASTM D 790-07e1, Standard Test Methods for Flexural
Properties of Unreinforced and Reinforced Plastics and Electrical
Insulating Materials, (approved September 1, 2007);
     ASTM D 792-08, Standard Test Methods for Density and
Specific Gravity (Relative Density) of Plastics by Displacement,
(approved June 15, 2008);
     ASTM D 1045-08, Standard Test Methods of Sampling and
Testing Plasticizers used in Plastics, (approved August 1, 2008);
     ASTM D 1824-95 (Reapproved 2002), Standard Test Method for
Apparent Viscosity of Plastisols and Organosols at Low Shear Rates,
(approved March 15, 1995);
     ASTM D 2471-99, Standard Test Method for Gel Time and Peak
Exothermic Temperature of Reacting Thermosetting Resins, (approved
November 10, 1999);
     ASTM D 2583-07, Standard Test Method for Indentation
Hardness of Rigid Plastics by Means of a Barcol Impressor, (approved
March 1, 2007);
     ASTM D 2584-08, Standard Test Method of Ignition Loss for
Cured Reinforced Resins, (approved May 1, 2008);
     ASTM D 4029-09, Standard Specification for Finished Woven
Glass Fabrics, (approved January 15, 2009);
     ASTM F 1014-02 (Reapproved 2007), Standard Specification
for Flashlights on Vessels, (approved May 1, 2007);
     ASTM F 1166-07, Standard Practice for Human Engineering
Design for Marine Systems, Equipment, and Facilities, (approved January
1, 2007);
     ASTM G 154-06, Standard Practice for Operating Fluorescent
Light Apparatus for UV Exposure of Nonmetallic Materials, (approved
June 5, 2006);
     IMO Resolution A.657(16), Instructions for Action in
Survival Craft, (adopted October 19, 1989);
     IMO Resolution A.658(16), Use and Fitting of Retro-
Reflective Materials on Life-Saving Appliances, (adopted October 19,
1989);
     IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, (adopted November 4, 1993);
     Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010);
     MSC/Circular 980, Standardized Life-saving Appliance
Evaluation and Test Report Forms (February 13, 2001);
     MSC/Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, (June 18, 2001);
     MSC.1/Circular 1205, Guidelines for Developing Operation
and Maintenance Manuals for Lifeboat Systems, (May 26, 2006);
     ISO 62:2008(E), Plastics--Determination of water
absorption, Third Edition (February 15, 2008);
     ISO 175:1999(E), Plastics--Methods of test for the
determination of the effects of immersion in liquid chemicals, Second
Edition (May 1, 1999);
     ISO 527-1:1993(E), Plastics--Determination of tensile
properties, Part 1: General Principles, First Edition (June 15, 1993);
     ISO 604:2002(E), Plastics--Determination of compressive
properties, Third Edition (March 1, 2002);
     ISO 1172:1996(E), Textile-glass-reinforced plastics--
Prepregs, moulding compounds and laminates--Determination of the
textile-glass and mineral-filler content--Calcination methods, Second
Edition (December 15, 1996);
     ISO 1183-1:2004(E), Plastics,--Methods for determining the
density of non-cellular plastics--Part 1: Immersion method, liquid
pyknometer method and titration method, First Edition (February 1,
2004);
     ISO 1675-1985(E), Plastics--Liquid resins--Determination
of density by the pyknometer method, Second Edition (August 15, 1985);
     ISO 2039-2:1987(E), Plastics--Determination of hardness--
Part 2: Rockwell hardness, Second Edition (July 15, 1987);
     ISO 2114:2000(E), Plastics (polyester resins) and paints
and varnishes (binders)--Determination of partial acid value and total
acid value, Third Edition (August 1, 2000);
     ISO 2535:2001(E), Plastics--Unsaturated-polyester resins--
Measurement of gel time at ambient temperature, Third Edition (July 15,
2001);
     ISO 2555:1989(E), Plastics--Resins in the liquid state or
as emulsions or dispersions--Determination of apparent viscosity by the
Brookfield test method, Second Edition (February 1, 1989, corrected and
reprinted February 1, 1999);
     ISO 14125:1998(E), Fibre-reinforced plastic composites--
Determination of flexural properties, First Edition (March 1, 1998);
     ISO 15372:2000(E), Ships and marine technology--Inflatable
rescue boats--Coated fabrics for inflatable chambers, First Edition
(December 1, 2000);
     ISO 15738:2002(E), Ships and marine technology--Gas
Inflation systems for inflatable life-saving appliances, First Edition
(February 1, 2002);
     ISO 17339:2002(E), Ships and marine technology--Sea
anchors for survival craft and rescue boats, First Edition (November
15, 2002);
     ISO 18813:2006(E), Ships and marine technology--Survival
equipment for survival craft and rescue boats, First Edition (April 1,
2006);
     SAE J1527-93 (Revised JAN93), Marine Fuel Hoses, (February
5, 1993);
     UL 1102, Standard for Nonintegral Marine Fuel Tanks, Fifth
Edition (February 4, 1999); and
     UL 1185, Standard for Portable Marine Fuel Tanks, Fourth
Edition (September 26, 1996).
    The sections that reference these standards and the locations where
these standards are available are listed in 46 CFR 160.010-1, 160. 051-
5, 160.115-5, 160.132-5, 160.133-5, 160.135-5, 160.151-5, 160.156-5,
160.170-5, and 164.120-5.
    This rule also uses technical standards other than voluntary
consensus standards. The Coast Guard will use the below-listed
standards issued by the Department of Defense and the General Services
Administration because the Coast Guard did not find voluntary consensus
standards that fulfill the purpose of these standards as applicable to
the rule:
     A-A-55308, Commercial Item Description, Cloth And Strip,
Laminated Or Coated, Vinyl Nylon Or Polyester, High Strength, Flexible,
(May 13, 1997);
     Federal Standard 595C, Colors Used in Government
Procurement, (January 16, 2008);
     MIL-C-17415F, Military Specification, Cloth, Coated, and

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

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

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

O. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(a) and (d) of the Instruction and under
section 6(a) of the ``Appendix to National Environmental Policy Act:
Coast Guard Procedures for Categorical Exclusions, Notice of Final
Agency Policy'' (67 FR 48243, July 23, 2002). This rule involves
regulations which are editorial or procedural; regulations concerning
equipping of vessels, and regulations concerning vessel operation
safety standards. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects

46 CFR Part 108

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

46 CFR Part 117

    Marine safety, Passenger vessels.

46 CFR Part 133

    Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 160

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

46 CFR Part 164

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

46 CFR Part 180

    Marine safety, Passenger vessels.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 108, 117, 133, 160, 164, 180, and 199 as follows:

PART 108--DESIGN AND EQUIPMENT

0
1. The authority citation for part 108 continues to read as follows:

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

0
2. Revise Sec.  108.550(a) to read as follows:

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

    (a)(1) Each launching appliance must be a davit approved under 46
CFR part 160, subpart 160.132 for use with the intended craft, with a
winch approved under 46 CFR part 160, subpart 160.115 for use with the
intended craft.
    (2) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
    (i) A launching appliance described in paragraph (a)(1) of this
section; or
    (ii) A launching appliance approved on or before November 10, 2011
under approval series 160.163.
* * * * *

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

0
3. The authority citation for part 117 continues to read as follows:

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

0
4. In Sec.  117.150, revise paragraph (a) and add paragraph (c) to read
as follows:

Sec.  117.150  Survival craft embarkation arrangements.

    (a) A launching appliance described in paragraph (c) of this
section, or a marine evacuation system approved under approval series
160.175, must be provided for each inflatable liferaft and inflatable
buoyant apparatus when either--
* * * * *
    (c) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
    (1) A davit approved under 46 CFR part 160, subpart 160.132 for use
with a liferaft, with a winch approved under 46 CFR part 160, subpart
160.115 for use with a liferaft; or
    (2) A launching appliance approved on or before November 10, 2011
under approval series 160.163.

PART 133--LIFESAVING SYSTEMS

0
5. The authority citation for part 133 continues to read as follows:

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

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

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

* * * * *

    (b)(1) Each launching appliance must be a davit approved under 46
CFR part 160, subpart 160.132 for use with the intended craft, with a
winch approved under 46 CFR part 160, subpart 160.115 for use with the
intended craft.
    (2) Each launching appliance for a davit-launched liferaft must
include an automatic disengaging apparatus approved under 46 CFR part
160, subpart 160.170 and be either--
    (i) A launching appliance described in paragraph (b)(1) of this
section; or
    (ii) A launching appliance approved on or before November 10, 2011
under approval series 160.163.
* * * * *

PART 160--LIFESAVING EQUIPMENT

0
7. The authority citation for part 160 continues to read as follows:

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

Subpart 160.010--Buoyant Apparatus for Merchant Vessels

0
8. Revise Sec.  160.010-1 to read as follows:

Sec.  160.010-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop
7126, Washington, DC 20593-7126. You may also inspect this material at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may obtain copies of the
material from the sources specified in the following paragraphs.
    (b) General Services Administration, Federal Acquisition Service,
Office of the FAS Commissioner, 2200 Crystal Drive, 11th Floor,
Arlington, VA 22202,<PHONE_NUMBER>.
    (1) Federal Standard 595C, Colors Used in Government Procurement,
(January 16, 2008), IBR approved for Sec.  160.010-4 (``FED-STD-
595C'').
    (2) [Reserved].
    (c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec.  160.010-
3.
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), Revised recommendation on testing of live-saving appliances,
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved
for Sec.  160.010-3.
    (d) Military Specifications and Standards, Standardization
Documents Order Desk, Building 4D, 700 Robbins Avenue, Philadelphia, PA
19111-5094, https://assist.daps.dla.mil/quicksearch/.
    (1) MIL-P-19644C, Military Specification, Plastic Molding Material
(Polystyrene Foam, Expanded Bead), (July 10, 1970), IBR approved for
Sec.  160.010-5 (``MIL-P-19644C'').
    (2) MIL-P-21929B, Military Specification, Plastic Material,
Cellular Polyurethane, Foam-In-Place, Rigid (2 and 4 Pounds per Cubic
Foot), (August 11, 1969), IBR approved for Sec.  160.010-5 (``MIL-P-
21929B'').
    (3) MIL-P-40619A, Military Specification, Plastic Material,
Cellular, Polystyrene (For Buoyancy Applications), (December 9, 1968),
IBR approved for Sec.  160.010-5 (``MIL-P-40619A'').
    (4) MIL-R-21607E(SH), Military Specification, Resins, Polyester,
Low Pressure Laminating, Fire-Retardant, (May 25, 1990), IBR approved
for Sec.  160.010-5 (``MIL-R-21607E(SH)'').

0
9. In Sec.  160.010-2, revise the definition for ``Commandant'' to read
as follows:

Sec.  160.010-2  Definitions.

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

0
10. Amend Sec.  160.010-3 as follows:
0
a. In paragraph (a)(1), remove the words ``(SOLAS chapter III,
regulation 38, paragraph 1.5 (III/38.1.5))'' and add, in their place,
the words ``(IMO LSA Code, Chapter IV/<IP_ADDRESS> (incorporated by
reference, see Sec.  160.010-1 of this subpart))'';
0
b. In paragraph (a)(2), remove the words ``(Regulation III/38.2.1)''
and add, in their place, the words ``(IMO LSA Code, chapter IV/
<IP_ADDRESS>)'';
0
c. In paragraph (a)(3), remove the words ``(Regulation III/39.2.2)''
and add, in their place, the words ``(IMO LSA Code, chapter IV/
<IP_ADDRESS>)'';
0
d. In paragraph (a)(4), remove the words ``(Regulation III/39.5.1)''
and add, in their place, the words ``IMO LSA Code, chapter IV/
<IP_ADDRESS>'';
0
e. In paragraph (a)(5), remove the words ``(Regulation III/39.5.2)''
and add, in their place, the words ``(IMO LSA Code, chapter IV/
<IP_ADDRESS>)'';
0
f. In paragraph (a)(9) introductory text, remove the words
``(Regulation III/39.4.1)'' and add, in their place, the words ``(IMO
LSA Code, chapter IV/<IP_ADDRESS>)'';
0
g. In paragraph (a)(10) introductory text, remove the words
``(Regulation III/39.4.2)'' and add, in their place, the words ``(IMO
LSA Code, chapter IV/<IP_ADDRESS>)'';
0
h. In paragraph (a)(11) introductory text, remove the symbol ``Sec.  ''
and add, in its place, the words ``46 CFR''; and remove the words ``of
this subchapter'';
0
i. In paragraph (a)(12), in the introductory text after the word
``Equipment'', remove the words ``(Regulation III/38.5.1)''; and in the
last sentence in the introductory text, remove the words ``Regulation
III/38.5.1'' and add, in their places, the words ``IMO LSA Code,
Chapter IV/4.1.5'';
0
j. In paragraph (a)(13), remove the words ``(Regulations III/<IP_ADDRESS>,
III/<IP_ADDRESS>, 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/<IP_ADDRESS> and <IP_ADDRESS>.6''; and remove the words ``regulation III/
39.8.6'' and add, in their place, the words ``IMO LSA Code, chapter IV/
<IP_ADDRESS>.6'';
0
k. In paragraph (a)(14), remove the words ``IMO Resolution A.689(17)''
and add, in their place, the words ``IMO Revised recommendation on
testing (incorporated by reference, see Sec.  160.010-1 of this
subpart)'';
0
l. In paragraphs (a)(15) and (a)(16), remove the words ``IMO Resolution
A.689(17)'' and add, in their place, the words ``IMO Revised
recommendation on testing'';
0
m. In paragraph (e) introductory text, remove the words ``under the IMO
International Code of Safety for High-Speed Craft (HSC Code)''; and
remove the words ``Annex 10 to the HSC Code'' and add, in their places,
the words ``Annex 11 to IMO Res. MSC.97(73)''; and
0
n. Add paragraph (e)(9) to read as follows:

Sec.  160.010-3  Inflatable buoyant apparatus.

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

Sec.  160.010-4  [Amended]

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

0
a. In paragraph (g), remove the word ``(1/4in.)'' and add, in its
place, the words ``(1/4 in.)''; and
0
b. In paragraph (n), remove the words ``sections 13 and 14 of the
``Color Names Dictionary'''' and add, in their place, the words
``sections 13 and 14 of FED-STD-595C (incorporated by reference, see
Sec.  160.010-1 of this subpart)''.

0
12. Amend Sec.  160.010-5 as follows:
0
a. In paragraph (b) introductory text, remove the text ``(CG-521)'' and
add, in its place, the text ``(CG-5214)'';
0
b. Revise paragraph (b)(2) to read as set forth below;
0
c. Revise paragraph (b)(3) to read as set forth below;
0
d. Revise paragraph (b)(4) to read as set forth below'';
0
e. In paragraph (c)(1), remove the text ``MIL-P-21607'' and add, in its
place, the text ``MIL-P-21607E(SH) (incorporated by reference, see
Sec.  160.010-1 of this subpart)''; and remove the text ``(G-MSE)'' and
add, in its place, the text ``(CG-5214)''; and
0
f. In paragraphs (c)(2) and (c)(3), remove the text ``(CG-521)'' and
add, in its place, the text ``(CG-5214)''.

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

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

Sec.  160.010-7  [Amended]

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

Subpart 160.015 [Removed and Reserved]

0
14. Remove and reserve subpart 160.015.

Subpart 160.032 [Removed and Reserved]

0
15. Remove and reserve subpart 160.032.

Subpart 160.033 [Removed and Reserved]

0
16. Remove and reserve subpart 160.033.

Subpart 160.035 [Removed and Reserved]

0
17. Remove and reserve subpart 160.035.

Subpart 160.051--Inflatable Liferafts for Domestic Service

0
18. Revise Sec.  160.051-1 to read as follows:

Sec.  160.051-1  Scope.

    (a) This subpart prescribes requirements for approval by the Coast
Guard of A, B, and Coastal Service inflatable liferafts for use only in
domestic service. These liferafts must comply with all of the
requirements for SOLAS A and SOLAS B liferafts in subpart 160.151
except as specified in this subpart.
    (b) This subpart does not apply to any A, B, and Coastal Service
inflatable liferaft for use only in domestic service that has been
approved by the Coast Guard before [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION OF INTERIM RULE], so long as the liferaft satisfies the
annual servicing requirements set forth in 46 CFR 160.151-57.
0
19. In Sec.  160.051-3, add the definition for ``Commandant'', in
alphabetical order, to read as follows:

Sec.  160.051-3  Definitions.

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

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

0
20. Redesignate Sec. Sec.  160.051-5, 160.051-7, and 160.051-9 as
Sec. Sec.  160.051-7, 160.051-9, and 160.051-11, respectively.

0
21. Add new Sec.  160.051-5 to read as follows:

Sec.  160.051-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop
7126, Washington, DC 20593-7126. You may also inspect this material at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may obtain copies of the
material from the sources specified in the following paragraphs.
    (b) International Maritime Organization (IMO) Publications Section,
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735
7611, http://www.imo.org/.
    (1) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec. Sec.
160.051-7 and 160.051-9.
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), Revised recommendation on testing of live-saving appliances,
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved
for Sec. Sec.  160.051-7 and 160.051-11.

Sec.  160.051-7  [Amended]

0
22. Amend newly redesignated Sec.  160.051-7 as follows:
0
a. In paragraph (a) introductory text, remove the words ``Regulation
III/38.1.5'' and add, in their place, the words ``IMO LSA Code chapter
IV/<IP_ADDRESS>, (incorporated by reference, see Sec.  160.051-5 of this
subpart)'';
0
b. In paragraph (b), remove the first instance of the words
``Regulation III/<IP_ADDRESS>'' and add, in their place, the words ``IMO
LSA Code, chapter IV/<IP_ADDRESS>.5''; and after the words ``the viewing
port'', remove the words ``described in Regulation III/<IP_ADDRESS>'';
0
c. In paragraph (c), remove the first instance of the words
``Regulation III/<IP_ADDRESS>'' and add, in their place, the words ``IMO
LSA Code, chapter IV/<IP_ADDRESS>.6''; and after the words ``means of
rainwater collection'', remove the words ``described in Regulation III/
<IP_ADDRESS>'';
0
d. In paragraph (d), remove the words ``Regulation III/38.2.1'' and
add, in their place, the words ``IMO LSA Code, chapter IV/<IP_ADDRESS>'';
0
e. In paragraph (e), remove the words ``Regulation III/39.2.2'' and
add, in their place, the words ``IMO LSA Code, chapter IV/<IP_ADDRESS>'';
0
f. In paragraph (f), remove the words ``Regulation III/39.4.1'' and
add, in their place, the words ``IMO LSA Code, chapter IV/<IP_ADDRESS>'';
0
g. In paragraph (g), remove the words ``Regulation III/39.5.1'' and
add, in their place, the words ``IMO LSA Code, chapter IV/4.2.5'';
0
h. In paragraph (h), remove the first instance of the words
``Regulation III/39.6.3'' and add, in their place, the words ``IMO LSA
Code, chapter IV/<IP_ADDRESS>''; and after the words ``controlled

interior lamp'', remove the words ``described in Regulation III/
39.6.3'';
0
i. In paragraph (i), remove the words ``Regulations III/<IP_ADDRESS> and
III/<IP_ADDRESS>'' and add, in their place, the words ``IMO LSA Code,
chapter IV/<IP_ADDRESS>'';
0
j. In paragraph (j), remove the words ``IMO Resolution A.689(17)'' and
add, in their place, the words ``IMO Revised recommendation on testing
(incorporated by reference, see Sec.  160.051-5 of this subpart)''; and
0
k. In paragraphs (k) and (l), remove the words ``IMO Resolution
A.689(17)'' and add, in their place, the words ``IMO Revised
recommendation on testing''.

Sec.  160.051-9  [Amended]

0
23. Amend newly redesignated Sec.  160.051-9 as follows:
0
a. In paragraph (a), remove the words ``Regulation III/38.2.1'' and
add, in their place, the words ``IMO LSA Code chapter IV/<IP_ADDRESS>''; and
0
b. In paragraph (b), remove the words ``Regulations III/<IP_ADDRESS> and
III/<IP_ADDRESS>'' and add, in their place, the words ``IMO LSA Code,
chapter IV/<IP_ADDRESS>''.

Sec.  160.051-11  [Amended]

0
24. In newly redesignated Sec.  160.051-11, paragraph (f), remove the
words ``IMO Resolution A.689(17)'' and add, in their place, the words
``IMO Revised recommendation on testing (incorporated by reference, see
Sec.  160.051-5 of this subpart)''.

0
25. Add subpart 160.115 to read as follows:

Subpart 160.115--Launching Appliances--Winches

Sec.
160.115-1 Scope.
160.115-3 Definitions.
160.115-5 Incorporation by reference.
160.115-7 Design, construction, and performance of winches.
160.115-9 Preapproval review.
160.115-11 [Reserved]
160.115-13 Approval inspections and tests for prototype winches.
160.115-15 Production inspections, tests, quality control, and
conformance of winches.
160.115-17 Marking and labeling.
160.115-19 Operating instructions and information for the ship's
training manual.
160.115-21 Operation and maintenance instructions.
160.115-23 Procedure for approval of design or material change.
Subpart 160.115--Launching Appliances--Winches

Sec.  160.115-1  Scope.

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

Sec.  160.115-3  Definitions.

    In addition to the definitions in the IMO LSA Code (incorporated by
reference, see Sec.  160.115-5 of this subpart), in this subpart, the
term:
    Commandant means the Commandant (CG-5214), U.S. Coast Guard, 2100
Second Street, SW., Stop 7126, Washington, DC 20593-7126.
    Independent laboratory has the same meaning as 46 CFR 159.001-3. A
list of accepted independent laboratories is available from the
Commandant and online at http://cgmix.uscg.mil.
    Officer in Charge, Marine Inspection (OCMI) means an officer of the
Coast Guard designated as such by the Commandant and who fulfills the
duties described in 46 CFR 1.01-15(b). The ``cognizant OCMI'' is the
OCMI who has immediate jurisdiction over a vessel or geographic area
for the purpose of performing the duties previously described.
    SOLAS means the International Convention for the Safety of Life at
Sea, 1974, as amended.

Sec.  160.115-5   Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at
Commandant (CG-5214), U.S. Coast Guard, 2100 Second Street, SW., Stop
7126, Washington, DC 20593-7126. You may also inspect this material at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may obtain copies of the
material from the sources specified in the following paragraphs.
    (b) International Maritime Organization (IMO) Publications Section,
4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735
7611, http://www.imo.org/.
    (1) IMO Resolution A.760(18), Symbols Related to Life-Saving
Appliances and Arrangements, (adopted November 4, 1993), IBR approved
for Sec.  160.115-19 (``IMO Res. A.760(18)'').
    (2) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), pages 7-71 (``IMO LSA Code''), IBR approved for Sec.  160.115-
7.
    (3) Life-Saving Appliances, including LSA Code, 2010 Edition,
(2010), Revised recommendation on testing of live-saving appliances,
pages 79-254 (``IMO Revised recommendation on testing''), IBR approved
for Sec. Sec.  160.115-7, 160.115-13, and 160.115-15.
    (4) MSC/Circular 980, Standardized Life-saving Appliance Evaluation
and Test Report Forms, (February 13, 2001), IBR approved for Sec.
160.115-13 (``IMO MSC Circ. 980'').
    (5) MSC.1/Circular 1205, Guidelines for Developing Operation and
Maintenance Manuals for Lifeboat Systems, (May 26, 2006), IBR approved
for Sec.  160.115-21 (``IMO MSC.1 Circ. 1205'').

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

    (a) To seek Coast Guard approval of a winch, a manufacturer must
comply with, and each winch must meet, the requirements of the
following--
    (1) IMO LSA Code, chapter I/1.2.2 and chapter VI/6.1. (incorporated
by reference, see Sec.  160.115-5 of this subpart) applicable to the
design and intended service of the winch;
    (2) IMO Revised recommendation on testing, Part 1/8.1 (incorporated
by reference, see Sec.  160.115-5 of this subpart) applicable to the
winch;
    (3) 46 CFR part 159; and
    (4) This subpart.
    (b) Each winch must meet each of the following requirements:
    (1) Materials. (i) All gears must be machine cut and made of steel,
bronze, or other suitable materials properly keyed to shafts. The use
of cast iron is not permitted for these parts.
    (ii) Metals in contact with each other must be either galvanically
compatible or insulated with suitable non-porous materials. Provisions
must also be made to prevent loosening or tightening resulting from
differences of thermal expansion, freezing, buckling of parts, galvanic
corrosion, or other incompatibilities.
    (iii) Screws, nuts, bolts, pins, keys, and other similar hardware,
securing moving parts must be fitted with suitable lock washers, cotter
pins, or locks to prevent them from coming adrift.
    (2) Bearings and gears. (i) Positive means of lubrication must be
provided for all bearings.
    (ii) When worm gears are used, the worm wheel must operate in an
oil bath.

Means to easily check the oil level in the gear case must be provided.
    (iii) The manufacturer must furnish a lubrication chart and a plate
attached to the winch indicating the lubricant recommended for extremes
in temperature.
    (3) Guards. All moving parts must have suitable guards.
    (4) Welding. Welding must be performed by welders certified by the
Commandant, a classification society recognized by the Commandant in
accordance with 46 CFR 8.220, the U.S. Navy, or the national body where
the winch is constructed or the national body's designated recognized
organization. Only electrodes intended for use with the material being
welded may be used. All welds must be checked using appropriate non-
destructive tests.
    (5) Winch drums. (i) A winch must have grooved drums unless
otherwise approved by the Commandant.
    (ii) The diameter of the drums must be at least 16 times the
diameter of the falls.
    (iii) Drums must be so arranged as to keep the falls separate, and
to pay out the falls at the same rate. Clutches between drums are not
permitted unless bolted locking devices are used.
    (6) Winch motors. For a winch powered by electric or hydraulic
motors, or portable power units such as air or electric drills--
    (i) Positive means must be provided for controlling the power to
the winch, arranged so that the operator must hold the master switch or
controller in the ``on'' or ``hoist'' position for hoisting, and when
released, will immediately shut off the power;
    (ii) A clutch must be fitted to disengage the power installation
during the lowering operation;
    (iii) A means must be provided to disconnect power to the winch
before a hand crank can be engaged with the winch operating shaft, and
this interruption of power must be maintained while the hand crank is
so engaged;
    (iv) The air or electric power outlet for a portable power unit
must be located adjacent to the winch where the unit is to be coupled,
and the outlet must be interconnected with, and protected by, the same
system of safety devices as required for a winch with built-in-motors;
    (v) A main line emergency disconnect switch, the opening of which
disconnects all electrical potential to the winch, must be provided.
This switch must be located in a position accessible to the person in
charge of the boat stowage and must be in a position from which the
movement of both davit arms can be observed as they approach the final
stowed position;
    (vi) Limit switches, one for each davit arm, must be provided to
limit the travel of the davit arms as they approach the final stowed
position. These switches must--
    (A) Be so arranged that the opening of either switch will
disconnect all electrical potential of the circuit in which the
switches are connected;
    (B) Be arranged to stop the travel of the davit arms not less than
0.3m (12 in) from their final stowed position; and
    (C) Remain open until the davit arms move outboard beyond the
tripping position of the switches;
    (vii) Motor clutches, when used, must be of either frictional or
positive engaging type. When one motor is used for two winches, the
clutch must be so arranged that only one winch may be engaged at any
one time. The clutch operating lever must be capable of remaining in
any position when subject to vibration and must be so arranged that
when in neutral position both lifeboats may be lowered simultaneously;
    (viii) Motors, switches, controls, and cables must be waterproof if
installed on an open deck. Controls may be of the drip-proof type if
installed in a deck house or under deck;
    (ix) Hydraulic systems must be in accordance with 46 CFR part 58,
subpart 58.30; and
    (x) Electrical installations must comply with 46 CFR 111.01-9,
111.01-11, 111.01-19, 111.25, 111.55, 111.70, and 111.95.
    (7) Quick return. For a winch used to launch an inflatable liferaft
means must be provided for rapidly retrieving the falls by hand power.
    (c) Determinations of equivalence of design, construction, and
materials will be made by the Commandant only.

Sec.  160.115-9  Preapproval review.

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

    (e) Alternatives. Alternatives in materials, parts, or
construction, and each item replaced by an alternative, must be clearly
indicated as such in the plans and specifications submitted to the
Commandant under this section.
    (f) Coast Guard review. If the plans or specifications do not
comply with the requirements of this section, Coast Guard review may be
suspended, and the applicant notified accordingly.

Sec.  160.115-11  [Reserved]

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

    (a) If the manufacturer is notified that the information submitted
in accordance with Sec.  160.115-9 of this subpart is satisfactory to
the Commandant, the manufacturer may proceed with fabrication of the
prototype winch and the approval inspections and tests required under
this section.
    (b) Except as provided in paragraph (f) of this section, the Coast
Guard must conduct the approval inspections and witness the approval
tests required under this section.
    (c) Manufacturer requirements. To proceed with approval inspections
and tests required by this section, the manufacturer must--
    (1) Notify the Commandant and cognizant Officer in Charge, Marine
Inspection (OCMI) of where the approval inspections and tests required
under this section will take place, and such notifications must be in
sufficient time to allow making travel arrangements;
    (2) Arrange a testing schedule that allows for a Coast Guard
inspector to travel to the site where the testing is to be performed;
    (3) Admit the Coast Guard inspector to any place where work or
testing is performed on winches or their component parts and materials
for the purpose of--
    (i) Conducting inspections as necessary to determine that the
prototype--
    (A) Conforms with the plans reviewed under Sec.  160.115-9 of this
subpart;
    (B) Is constructed by the methods and with the materials specified
in the plans reviewed under Sec.  160.115-9 of this subpart; and
    (C) When welding is part of the construction process, is
constructed by the welding procedure and materials as per the plans
reviewed under Sec.  160.115-9 of this subpart and the welders are
appropriately qualified;
    (ii) Assuring that the quality-assurance program of the
manufacturer is satisfactory;
    (iii) Witnessing tests; and
    (iv) Taking samples of parts or materials for additional
inspections or tests; and
    (4) Make available to the Coast Guard inspector the affidavits or
invoices from the suppliers of all essential materials used in the
production of winches, together with records identifying the lot or
serial numbers of the winches in which such materials were used.
    (d) Tests. (1) IMO Revised recommendation on testing. Each
prototype winch of each design must pass each of the tests described in
IMO Revised recommendation on testing, part 1, paragraph 8.1
(incorporated by reference, see Sec.  160.115-5 of this subpart)
applicable to winches.
    (2) Visual inspection. Each winch must be visually inspected to
confirm--
    (i) Compliance with this subpart;
    (ii) Conformance with the examined plans; and
    (iii) Ease of operation and maintenance.
    (3) Hydraulic controls. If the winch motor includes a fluid power
and control system, a test of the hydraulic controls must be conducted
in accordance with 46 CFR 58.30-35.
    (e) Test waiver. The Commandant may waive certain tests for a winch
similar in construction to a winch that has successfully completed the
tests.
    (f) At the request of the manufacturer and discretion of the
Commandant, an independent laboratory may perform approval inspections
and witness approval tests required by this section so long as the
inspections and tests are performed and witnessed in accordance with
the procedures agreed upon between the independent laboratory and
Commandant under 46 CFR part 159, subpart 159.010.
    (g) After completion of approval inspections and tests required by
this section, the manufacturer must comply with the requirements of 46
CFR 159.005-9(a)(5) by preparing and submitting to the Commandant for
review--
    (1) The prototype approval test report containing the same
information recommended by IMO MSC Circ. 980 (incorporated by
reference, see Sec.  160.115-5). The report must include a signed
statement by the Coast Guard inspector (or independent laboratory as
permitted under paragraph (f) of this section) who witnessed the
testing, indicating that the report accurately describes the testing
and its results; and
    (2) The final version of the plans required under Sec.  160.115-9
of this subpart in triplicate.
    (h) The Commandant will review the report and plans submitted under
paragraph (g) of this section, and if satisfactory to the Commandant,
will approve the plans under 46 CFR 159.005-13.

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

    (a) Unless the Commandant directs otherwise, an independent
laboratory must perform or witness, as appropriate, inspections, tests,
and oversight required by this section. Production inspections and
tests of a winch must be carried out in accordance with the procedures
for independent laboratory inspection in 46 CFR part 159, subpart
159.007 and in this section, unless the Commandant authorizes
alternative tests and inspections. The Commandant may prescribe
additional production tests and inspections necessary to maintain
quality control and to monitor compliance with the requirements of this
subpart.
    (b) Manufacturer's responsibility. The manufacturer must--
    (1) Institute a quality control procedure to ensure that all
production winches are produced to the same standard, and in the same
manner, as the prototype winch approved by the Commandant. The
manufacturer's quality control personnel must not work directly under
the department or person responsible for either production or sales;
    (2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant a yearly report that contains the
following--
    (i) Serial number and date of final assembly of each winch
constructed;
    (ii) The name of the representative of the independent laboratory
(or Coast Guard inspector if required under paragraph (a) of this
section); and
    (iii) Name of the vessel and company receiving the winch, if known;
    (4) Ensure that the arrangement and materials entering into the
construction of the winch are in accordance with plans approved under
Sec.  160.115-13(h) of this subpart;
    (5) Allow an independent laboratory (or Coast Guard inspector if
required under paragraph (a) of this section) access to any place where
materials are stored for the winch, work or testing is performed on
winches or their component parts and materials, or records are retained
to meet the requirements of paragraph (c) of this section, below, for
the purpose of--

    (i) Assuring that the quality control program of the manufacturer
is satisfactory;
    (ii) Witnessing tests; or
    (iii) Taking samples of parts or materials for additional
inspections or tests; and
    (6) Ensure that the independent laboratory (or Coast Guard
inspector if required under paragraph (a) of this section) conducts the
inspections and witnesses the tests required by paragraph (e) of this
section, and further conducts a visual inspection to verify that the
winches are being made in accordance with the plans approved under
Sec.  160.115-13(h) of this subpart and the requirements of this
subpart.
    (c) Recordkeeping. The manufacturer must maintain records in
accordance with 46 CFR 159.007-13. The manufacturer must keep records
of all items listed in this section for at least 5 years from the date
of termination of approval of each winch. The records must include--
    (1) A copy of this subpart, other CFR sections referenced in this
subpart, and each document listed in Sec.  160.115-5 of this subpart;
    (2) A copy of the approved plans, documentation, and
certifications;
    (3) A current certificate of approval for each approved winch;
    (4) Affidavits, certificates, or invoices from the suppliers
identifying all essential materials used in the production of approved
winches, together with records identifying the serial numbers of the
winches in which such materials were used;
    (5) Records of all structural welding and name of operator(s);
    (6) Records of welder certificates, training, and qualifications;
    (7) Date and results of calibration of test equipment and the name
and address of the company or agency that performed the calibration;
    (8) The serial number of each production winch, along with records
of its inspections and tests carried out under this section; and
    (9) The original purchaser of each winch and the vessel on which it
was installed, if known.
    (d) Independent laboratory responsibility. The independent
laboratory must perform or witness, as appropriate, the inspections and
tests under this section for each Coast Guard-approved winch to be
installed on a U.S. flag vessel. If the manufacturer also produces
winches for approval by other maritime safety administrations, the
inspections may be coordinated with inspection visits for those
administrations.
    (e) Production inspections and tests.
    (1) Each approved winch must be inspected and tested in accordance
with the procedures in 46 CFR part 159, subpart 159.007 and the brake
test described in IMO Revised recommendation on testing, part 2,
paragraph 6.1.1 (incorporated by reference, see Sec.  160.115-5 of this
subpart).
    (2) The lowering tests described in IMO Revised recommendation on
testing, Part 2, paragraph 6.1 may be performed if the installation
height is known. If these tests are performed, the results must be in
accordance with 46 CFR 199.153(h) through (j).

Sec.  160.115-17  Marking and labeling.

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

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

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