(1) Institute a quality control procedure to ensure that all
production rescue boats are produced to the same standard, and in the
same manner, as the prototype rescue boat approved by the Commandant.
The manufacturer's quality control personnel must not work directly
under the department or person responsible for either production or
sales;
    (2) Schedule and coordinate with the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section)
to ensure that all tests are performed as described in this section;
    (3) Submit to the Commandant, a yearly report that contains the
following--
    (i) Serial number and date of final assembly of each rescue boat
constructed;
    (ii) Name of the representative of the independent laboratory (or
Coast Guard inspector if required under paragraph (a) of this section);
and
    (iii) Name of the vessel and company receiving the rescue boat, if
known;

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

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

Sec.  160.156-17  Marking and labeling.

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

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

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

Sec.  160.156-21  Operation and maintenance instructions.

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

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

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

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

Sec.  160.170-1  Scope.

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

Sec.  160.170-3  Definitions.

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

Sec.  160.170-5  Incorporation by reference.

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

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

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

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

Sec.  160.170-9  Preapproval review.

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

Sec.  160.170-11  [Reserved]

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

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

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

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

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

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

Sec.  160.170-17  Marking and labeling.

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

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

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

Sec.  160.170-21  Operation and maintenance instructions.

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

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

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

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

Subpart 160.900--Preemption

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

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

Sec.  160.900-3  [Reserved]

PART 164--MATERIALS

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

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

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

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

Sec.  164.017-1  Scope.

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

Sec.  164.017-3  Definitions.

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

Sec.  164.017-5  Incorporation by reference.

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

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

Sec.  164.017-7  Acceptance criteria.

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

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

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

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

Sec.  164.017-9  Procedure for acceptance.

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

Sec.  164.017-11  Production quality control requirements.

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

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

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

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

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

Subpart 164.900--Preemption

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

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

Sec.  164.900-3  [Reserved]

PART 180--LIFESAVING EQUIPMENTS AND ARRANGEMENTS

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

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

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

Sec.  180.150  Survival craft embarkation arrangements.

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

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

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

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

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

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

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


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Page 39639]
[FR Doc No: 2016-14404]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9027-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs).
Filed 06/06/2016 Through 06/10/2016.
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20160135, Draft, NOAA, FL, Amendment 37 to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region, Modification to the Hogfish Fishery Management Unit, Fishing
Level Specifications for the Two South Atlantic Hogfish Stocks,
Rebuilding Plan for the Florida Keys/East Florida Stock, and
Establishment/Revision of Management Measures for Both Stocks, Comment
Period Ends: 08/01/2016, Contact: Nikhil Mehta<PHONE_NUMBER>.
EIS No. 20160136, Final, USACE, PA, Upper Ohio Navigation Study, Review
Period Ends: 07/18/2016, Contact: Conrad Weiser<PHONE_NUMBER>.
EIS No. 20160137, Final, USACE, FL, Southern Palm Beach Island
Comprehensive Shoreline Stabilization Project, Review Period Ends: 07/
18/2016, Contact: Krista Sabin<PHONE_NUMBER>.

Amended Notices

EIS No. 20160096, Draft, USFWS, CA, Lower Klamath, Clear Lake, Tule
Lake, Upper Klamath, and Bear Valley National Wildlife Refuges Draft
Comprehensive Conservation Plan, Comment Period Ends: 08/04/2016,
Contact: Mark Pelz<PHONE_NUMBER> Revision to FR Notice Published 05/06/
2016, Extending Comment Period from 06/20/2016 to 08/04/2016.
EIS No. 20160114, Final, FHWA, TX, Grand Parkway (State Highway 99)
Segment B, Review Period Ends: 07/11/2016, Contact: Carlos Swonke 512-
416-2734 Revision to FR Notice Published 06/03/2016; Correction to the
Review Period to end 07/11/2016.

    Dated: June 14, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-14404 Filed 6-16-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55316]
[DOCID:fr10se10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12605-004]

Rentricity, Inc.; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, and Terms and
Conditions

September 2, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Surrender of Conduit Exemption.
    b. Project No.: 12605-004.
    c. Date Filed: May 7, 2010.
    d. Applicant: Rentricity, Inc.
    e. Name of Project: Stamford Energy Recovery Project.
    f. Location: At a pressure regulator vault on an Aquarian Water
Company Supply Conduit in the Town of Stamford, Fairfield County,
Connecticut.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Frank Zammataro, President, Rentricity,
Inc., P.O. Box 1021 Planetarium Station, New York, NY 10024. Phone
(732) 319-4501.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing motions to intervene and protests, comments,
recommendations, and preliminary terms and conditions, is 30 days from
the issuance date of this notice. All documents (original and seven
copies) should be filed with: Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. Please include
the project number (P-12605-004) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the applicant specified in a particular application.
    k. Description of Request: The proposed surrender would consist of
removing connections to the existing water supply pipeline with
electronically controlled valves and a 40-kilowatt reverse pump
generator and restoring site to original condition.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/
efiling.asp. Enter the docket number excluding the last three digits in
the docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Mailing list: Individuals desiring to be included on the
Commission's mailing list should so indicate by writing to the
Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application (see item (j) above).
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``PROTEST'', ``MOTION TO
INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' or
``TERMS AND CONDITIONS''; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments,
motions to intervene or protests should relate to project works which
are the subject of the license surrender. Agencies may obtain copies of
the application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervenor
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    p. Comments and motions to intervene may be filed electronically
via the Internet. See 18 CFR 385.2001(a)(1)(iii)(2008) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
If unable to be filed electronically, documents may be paper-filed. To
paper-file, an original and seven copies should be mailed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For more information on how to
submit these types of filings please go to the Commission's Web site
located at http://www.ferc.gov/filing-comments.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-
filing/ecomment.asp. You must include your name and contact information
at the end of your comments. More information about this project can be
viewed or printed on the eLibrary link of Commission's Web site at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
(P-12605-004) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22517 Filed 9-9-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Proposed Rules]
[Pages 8923-8926]
[FR Doc No: 2014-03328]

-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0794; FRL-9906-66-Region-4]

Approval and Promulgation of Implementation Plans; Kentucky;
Stage II Requirements for the Hertz Corporation Facility at Cincinnati/
Northern Kentucky International Airport in Boone County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a source-specific State Implementation Plan (SIP) revision
submitted to EPA by the Commonwealth of Kentucky, through the Kentucky
Division for Air Quality (KDAQ) on January 17, 2014, for the purpose of
exempting a Hertz Corporation facility from the Clean Air Act (CAA or
Act) Stage II vapor control requirements. The subject Hertz Corporation
facility is currently being constructed at the Cincinnati/Northern
Kentucky International Airport in Boone County, Kentucky. EPA's
proposed approval of this revision to Kentucky's SIP is based on
rationale contained in the December 12, 2006 EPA policy memorandum from
Stephen D. Page, entitled ``Removal of Stage II Vapor Recovery in
Situations Where Widespread Use of Onboard Refueling Vapor Recovery is
Demonstrated.'' This action is being proposed pursuant to the CAA.

DATES: Comments must be received on or before March 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0794 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2013-0794, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2013-0794.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding this source
specific SIP revision, contact Ms. Kelly Sheckler, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms.
Sheckler's telephone number is<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the Commonwealth's Submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Under the CAA Amendments of 1990, EPA designated and classified
three Kentucky Counties (Boone, Campbell and Kenton) and four Ohio
Counties (Butler, Clermont, Hamilton and Warren) as a part of the
Cincinnati/Northern Kentucky ``moderate'' nonattainment area for the 1-
hour ozone national ambient air quality standards (NAAQS). See 56 FR
56694 (November 6, 1991). The designation was based on the Area's 1-
hour ozone design value of 0.157 parts per million for the three year
period of 1988-1990.
    Pursuant to the requirements of section 182(b)(3) \1\ of the CAA,
KDAQ developed the Kentucky Administrative Regulation (KAR) 401 KAR
59:174 ``Stage II controls at gasoline dispensing facilities,'' and
submitted the rule to EPA for approval as part of Kentucky's ozone SIP.
The rule was adopted by Kentucky on January 12, 1998, and approved by
EPA into the SIP on December 8, 1998 (63 FR 675896). Under this
regulation, gasoline dispensing facilities with a monthly throughput of
25,000 gallons or more located in a Kentucky County in which the entire
County is classified as severe, serious, or moderate nonattainment for
ozone are required to install Stage II vapor recovery systems.
---------------------------------------------------------------------------

    \1\ Section 182(b)(3) of the Act requires that states submit SIP
revisions for moderate ozone nonattainment areas requiring that a
system for gasoline vapor recovery of emissions from the refueling
of motor vehicles be implemented in such nonattainment areas.
---------------------------------------------------------------------------

    On October 29, 1999, having implemented all measures required of
Kentucky to that date for moderate ozone nonattainment areas under the
CAA, and with three years of data (1996-1998) showing compliance with
the 1-hour ozone standards, KDAQ submitted to EPA an ozone maintenance
plan and request for redesignation of the Kentucky portion of
Cincinnati/Northern Kentucky area to attainment status. The maintenance
plan, as required under section 175A of the CAA, showed that nitrogen
oxides and volatile organic compounds (VOC)

emissions in the Area would remain below the 1990 ``attainment year's''
levels. In making these projections KDAQ factored in the emissions
benefit (primarily VOC) of the Area's Stage II program, and did not
remove this program from the Kentucky SIP. The redesignation request
and maintenance plan were approved by EPA on June 19, 2000 (65 FR
37879).
    Since the Kentucky Stage II program was already in place and had
been included in the Commonwealth's October 29, 1999, redesignation
request and 1-hour ozone maintenance plan for the Area, KDAQ elected
not to remove the program from the SIP at that time. On April 6, 1994,
EPA promulgated regulations requiring the phase-in of onboard refueling
vapor recovery (ORVR) systems on new motor vehicles. Under section
202(a)(6) of the CAA, moderate ozone nonattainment areas are not
required to implement Stage II vapor recovery programs after
promulgation of ORVR standards.

II. Analysis of the Commonwealth's Submittal

    EPA's primary consideration for determining the approvability of
Kentucky's request to exempt Stage II vapor control requirements for
the Hertz Corporation facility located at the Cincinnati/Northern
Kentucky International Airport in Boone County is whether this
requested action complies with the requirements of section 110(l) of
the CAA. Below is EPA's analysis of these considerations.

a. Federal Requirements for Stage II

    States were required to adopt Stage II rules for all areas
classified as ``moderate'' or worse under section 182(b)(3) of the CAA.
However, section 202(a)(6) of the CAA states that ``the requirements of
section 182(b)(3) (relating to Stage II gasoline vapor recovery) for
areas classified under section 181 as moderate for ozone shall not
apply after the promulgation of such [ORVR] standards.'' ORVR
regulations were promulgated by EPA on April 6, 1994. See 59 FR 16262,
and 40 CFR 86.001, .098). As a result, the CAA no longer requires
moderate areas to impose Stage II controls under section 182(b)(3), and
such areas may seek SIP revisions to remove such requirements from
their SIP, subject to section 110(l) of the Act. EPA's policy memoranda
related to ORVR, dated March 9, 1993, and June 23, 1993, provided
further guidance on removing Stage II requirements from certain areas.
The policy memorandum dated March 9, 1993, states ``[w]hen onboard
rules are promulgated, a State may withdraw its Stage II rules for
moderate areas from the SIP (or from consideration as a SIP revision)
consistent with its obligation under sections 182(b)(3) and 202(a)(6),
so long as withdrawal will not interfere with any other applicable
requirements of the Act.'' Because the Stage II vapor controls in
Kentucky are implemented pursuant to the Commonwealth's approved
maintenance plan, the Commonwealth's request for a source specific
exemption from the Stage II vapor control requirements is subject to
the requirements of section 110(l) of the CAA.
    Section 110(l) of the Act provides that EPA cannot approve a SIP
revision if that revision interferes with any applicable requirement
regarding attainment, reasonable further progress (RFP) or any
requirement established in the CAA. EPA can approve a SIP revision that
removes or modifies control measures in the SIP once states make a
``noninterference'' demonstration that such a removal or modification
will not interfere with attainment of the NAAQS, RFP or any other CAA
requirement. As such, Kentucky must make a demonstration of
noninterference in order to exempt the Hertz Corporation facility
located at the Cincinnati/Northern Kentucky International Airport in
Boone County from the Stage II requirements.

b. Cincinnati-Hamilton Interstate Area Air Quality Status

    With respect to ozone, on April 30, 2004, EPA designated the
Cincinnati/Northern Kentucky Area as nonattainment for the 1997 8-hour
ozone NAAQS. See 69 FR 23857. On January 29, 2010, the Commonwealth
submitted to EPA a redesignation request and maintenance plan for the
1997 8-hour ozone NAAQS. EPA then redesignated the Cincinnati/Northern
Kentucky area to attainment for the 1997 8-hour ozone NAAQS on August
5, 2010 (75 FR 4718). EPA then designated portions of Boone, Campbell
and Kenton Counties in Kentucky as moderate nonattainment for the 2008
8-hour ozone NAAQS as part of the Cincinnati/Northern Kentucky
Nonattainment Area. This designation for the 2008 8-hour ozone NAAQS
was effective July 20, 2012. See 77 FR 30088.
    With respect to PM, on July 18, 1997, EPA promulgated the first air
quality standards for PM2.5. EPA promulgated an annual
PM2.5 standard at a level of 15 micrograms per cubic meter
([mu]g/m\3\), based on a 3-year average of annual mean PM2.5
concentrations. In the same rulemaking, EPA promulgated a 24-hour
standard of 65 [mu]g/m\3\, based on a 3-year average of the 98th
percentile of 24-hour PM2.5 concentrations. On January 5,
2005, at 70 FR 944, and supplemented on April 14, 2005, at 70 FR 19844,
EPA designated Boone, Campbell, and Kenton Counties in Kentucky as part
of the tri-state Cincinnati-Hamilton Nonattainment Area for the 1997
PM2.5 NAAQS.\2\
---------------------------------------------------------------------------

    \2\ EPA subsequently clarified that the Tri-state Cincinnati-
Hamilton Area was classified unclassifiable/attainment for the 24-
hour NAAQS promulgated in 1997. See 74 FR 58688 (November 13, 2009).
---------------------------------------------------------------------------

    On January 27, 2011, KDAQ submitted a request to redesignate the
Kentucky portion of the tri-state Cincinnati-Hamilton Area
PM2.5 Nonattainment Area to attainment for the 1997 Annual
PM2.5 NAAQS based on 2007-2009 data. On December 15, 2011,
EPA published the final rulemaking redesignating the Area to attainment
for the 1997 annual PM2.5 NAAQS. See 76 FR 77904.
    In 2006, EPA strengthened the primary and secondary 24-hour
PM2.5 NAAQS from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and
retained the current primary and secondary annual PM2.5
NAAQS at 15 [mu]g/m\3\. See 71 FR 61144, October 17, 2006. The revision
of the 24-hour PM2.5 NAAQS in 2006, triggered the
designation process for the NAAQS. The Cincinnati/Northern Kentucky
Area was designated attainment for the 2006 PM2.5 NAAQS. See
74 FR 58688, November 13, 2009.

c. Non-Interference Demonstration for Exemption of Stage II
Requirements

    EPA is making the preliminary determination that Kentucky's January
17, 2014, source-specific revision to the Kentucky SIP is approvable
based on the CAA and the December 12, 2006, EPA memorandum from Stephen
D. Page entitled, ``Removal of Stage II Vapor Recovery in Situations
Where Widespread use of On-board Refueling Vapor Recovery is
Demonstrated,'' which provides guidance to states concerning the
removal of Stage II gasoline vapor recovery systems where states
demonstrate to EPA that widespread use of ORVR has occurred in specific
portions of the motor vehicle fleet.
    As previously discussed, states were required to adopt Stage II
rules for such areas under section 182(b)(3) of the CAA. However,
section 202(a)(6) of the CAA provides that the requirements of section
182(b)(3) (relating to Stage II gasoline vapor recovery) for areas
classified as moderate for ozone shall not apply after the promulgation
of ORVR standards. As noted above, the Hertz Corporation facility is
located in a moderate nonattainment area for

purposes of the 2008 ozone NAAQS. Nevertheless, pursuant to the
December 12, 2006 Memorandum, EPA is proposing to conclude that an
analysis as described in the guidance is relevant to satisfy the
section 110(l) demonstration necessary to exempt the Hertz Corporation
facility from the Stage II vapor control requirements.
    EPA believes the widespread use of ORVR has been sufficiently
demonstrated with respect to the rental car fleet that will be utilized
by the Hertz Corporation facility at issue.\3\ EPA's December 12, 2006,
memorandum states that if 95 percent of the vehicles in the fleet have
ORVR, then widespread use will likely have been demonstrated for that
fleet. The memorandum addresses the following specific fleets:
---------------------------------------------------------------------------

    \3\ On May 16, 2012, EPA made a determination that ORVR was in
widespread use throughout the motor vehicle fleet for purposes of
controlling motor vehicle refueling emissions. See 77 FR 28772. EPA
estimated that approximately 70 percent of all vehicles would be
equipped with on-board systems to capture these vapors by the end of
2012, rendering the use of Stage II vapor recovery systems
redundant.
---------------------------------------------------------------------------

     Initial fueling of new vehicles at automobile assembly
plants;
     Refueling of rental cars at rental car facilities; and
     Refueling of flexible fuel vehicles at E85 dispensing
pumps.
    Most large rental companies rent current model vehicles, that are
equipped with ORVR and vehicle models are updated to current year
models every year or two. The Commonwealth of Kentucky has confirmed
that 100 percent of the fleet will be equipped with 2006 model year
(first model year vehicles required to be equipped with ORVR) and newer
vehicles at the Hertz Corporation facility at the Cincinnati/Northern
Kentucky International Airport in Boone County.
    EPA has preliminarily determined that Kentucky has adequately
demonstrated that ORVR is in widespread use and that the Stage II
requirements of the Kentucky SIP have been sufficiently supplanted by
the ORVR such that exemption of the Hertz Corporation facility from the
Stage II requirements would not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA.

III. Proposed Action

    EPA is proposing to approve the aforementioned source-specific SIP
revision request from Kentucky. VOC emissions from vehicles at the
Hertz Corporation facility are controlled by ORVR, therefore, EPA has
preliminarily concluded that removal of Stage II requirements at this
facility would not result in an increase of VOC emissions, and thus
would not contribute to ozone formation. The Commonwealth is seeking to
exempt this facility from the Stage II requirements and EPA has
preliminarily determined that Kentucky has fully satisfied the
requirements of section 110(l) of the CAA. Therefore, EPA is proposing
to approve this source-specific SIP revision as being consistent with
section 110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by Commonwealth law. For that reason, these proposed actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Greenhouse gas,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 3, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2014-03328 Filed 2-13-14; 8:45 am]
BILLING CODE 6560-50-P


September 25, 2006

Re:	Documents from CAIR Rulemaking for IPM and NEEDS Information
Incorporated by Reference Into Docket

From:  	John Silvasi, Environmental Engineer

To:  	Docket EPA-HQ-OAR-2003-0079

The technical support document for the Federal Register notice “Phase
2 of the Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard –Notice of Reconsideration” (proposed rule) notes
that EPA relied on certain data and analyses used in the Clean Air
Interstate Rule (CAIR).  Specifically, the TSD cited the Integrated
Planning Model (IPM) and National Electric Energy Data System (NEEDS).
The specific data and information are found in the CAIR docket in the
following documents:

-  Base Case_2010_Parsed: EPA-HQ-OAR-2003-0053-1904

-  IPM 2004 (v.2.1.9) Documentation: EPA-HQ-OAR-2003-0053-1901

-  NEEDS 2004:  EPA-HQ-OAR-2003-0053-1686

We are incorporating these documents by reference into Docket
EPA-HQ-OAR-2003-0079 (“Final Rule To Implement the 8-Hour Ozone
National Ambient Air Quality Standard”).

 Federal Register of  May 12, 2005  (70 FR 25162).

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