[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Proposed Rules]
[Page 53457-53519]
[DOCID:fr31au10-25]

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Part III

Department of Homeland Security

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Coast Guard

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

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

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

[USCG-2010-0048]
RIN 1625-AB15

Lifesaving Equipment: Production Testing and Harmonization With
International Standards

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Public Participation and Request for Comments

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

A. Submitting Comments

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

B. Viewing Comments and Documents

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

C. Privacy Act

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

D. Public Meeting

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

II. Abbreviations

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

III. Background

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

A. International Standards

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

B. Independent Laboratories

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

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

C. Other Revisions

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

IV. Discussion of Proposed Rule

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

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

A. Harmonization With International Standards

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

     Table 1--IMO Standards and Coast Guard Proposed Interpretations
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                                  USCG proposed      Equipment affected
   International standard        interpretation       in proposed rule
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LSA Code Chapter I/1.2,       USCG would require     Release
 General requirements for      manufacturers to      mechanisms: Sec.
 all lifesaving appliances.    follow the guidance   160.133-7(b)(2);
                               of ASTM F 1166 for    Lifeboats:
                               standard human        Sec.   160.135-
                               engineering           7(b)(1)(ii);
                               practices in the      Rescue
                               design.               boats: Sec.
                                                     160.156-7(b)(1)(ii)
                                                     ;
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-7(b)(2).
LSA Code Chapter I/1.2,       USCG would require     Release
 General requirements for      lifesaving            mechanisms: Sec.
 all lifesaving appliances.    equipment, with the   160.133-7(b)(1);
                               exception of fully    Lifeboats:
                               enclosed lifeboats,   Sec.   160.135-
                               be designed for use   7(b)(1)(i);
                               by persons wearing    Rescue
                               immersion suits.      boats: Sec.
                                                     160.156-7(b)(1)(i);
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-7(b)(1).
LSA Code Chapter I/<IP_ADDRESS>,   USCG would require:.   Winches:
 Addressing materials and     1. Manufacturers to    Sec.   160.115-
 workmanship for all           use steel and other   7(b);
 lifesaving appliances.        materials that meet   Davits:
                               specific              Sec.   160.132-
                               requirements.         7(b);
                              2. Joined materials    Release
                               to be compatible      mechanisms: Sec.
                               and meet              160.133-7(b);
                               requirements for      Lifeboats:
                               their mechanical      Sec.   160.135-
                               connections.          7(b);
                              3. Welder              Rescue
                               certifications for    boats: Sec.
                               all welders.          160.156-7(b);
                              4. Hydraulic systems   Automatic
                               used in lifesaving    liferaft
                               systems to conform    disengaging
                               to 46 CFR 58.30.      devices: Sec.
                                                     160.170-7(b).
LSA Code Chapter I/<IP_ADDRESS>,   USCG would require     Lifeboats:
 Color of life-saving          the exterior color    Sec.   160.135-
 appliances [this also         to be only vivid      7(b)(24);
 affects LSA Code Chapter IV/  reddish-orange with   Rescue
 4.5 and 4.6 for lifeboats].   certain exceptions    boats: Sec.
                               provided.             160.156-7(b)(26).
LSA Code Chapter I/<IP_ADDRESS>,   USCG would require     Lifeboats:
 Retroreflective material.     retroreflective       Sec.   160.135-
                               material be USCG      7(b)(27);
                               approved under 46     Rescue
                               CFR 164.018.          boats: Sec.
                                                     160.156-7(b)(28).
LSA Code Chapter I/<IP_ADDRESS>,   USCG would require     Winches:
 Marking of approved           equipment be marked   Sec.   160.115-17;
 equipment.                    as approved.          Davits:
                                                     Sec.   160.132-17;
                                                     Release
                                                     mechanisms: Sec.
                                                     160.133-17;
                                                     Lifeboats:
                                                     Sec.   160.135-17;
                                                     Rescue
                                                     boats: Sec.
                                                     160.156-17;
                                                     Automatic
                                                     liferaft
                                                     disengaging
                                                     devices: Sec.
                                                     160.170-17.
LSA Code Chapter IV/          USCG would specify     Liferafts:
 <IP_ADDRESS>.5.                    sea anchor            Sec.   160.151-
                               attachment point.     21(e).
LSA Code Chapter IV/<IP_ADDRESS>   USCG would require     Liferafts:
 and <IP_ADDRESS>.                  both interior and     Sec.   160.151-
                               exterior canopy       15(n).
                               lamps to be
                               approved under
                               approval series
                               161.101.\3\

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

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

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

B. Independent Laboratories

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

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

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

C. Affected Subparts: Revised and Proposed

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

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

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

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

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

D. Structure of Part 160 Proposed Subparts

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

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

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

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

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

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

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

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

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

Coast Guard would also require all launching appliances and release
mechanisms to be marked with their safe working loads. The Coast Guard
would also require liferaft automatic disengaging devices to be marked
with the number of the test certificate attesting to the static proof
test required by the Revised recommendation on testing, part 2/6.2.2.
10. Section 160.[subpart number]-19 Operating instructions and
information for the ship's training manual
    Section 160.[subpart number]-19 would detail the Coast Guard
requirements for the information for the ship's training manual
required by SOLAS and would specify that IMO symbols be used to
describe location and operation of the equipment. This section would
also provide that the instructions and information may be combined with