Title 46

SECTION 199.40

199.40 Evaluation, testing and approval of lifesaving appliances and arrangements.

§ 199.40 Evaluation, testing and approval of lifesaving appliances and arrangements.

(a) Each item of lifesaving equipment required by this part to be carried on board the vessel must be approved.

(b) Each item of lifesaving equipment carried on board the vessel in addition to those required by this part must -

(1) Be approved; or

(2) Be accepted by the cognizant OCMI for use on the vessel.

(c) The Commandant (CG-ENG) may accept a novel lifesaving appliance or arrangement if it provides a level of safety equivalent to the requirements of this part and the appliance or arrangement -

(1) Is evaluated and tested in accordance with IMO Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements; or

(2) Has successfully undergone evaluation and tests that are substantially equivalent to those recommendations.

(d) During the vessel's construction and when any modification to the lifesaving arrangement is done after construction, a vessel owner must obtain acceptance of lifesaving arrangements from the Commandant (Marine Safety Center).

(e) The OCMI may accept substitute lifesaving appliances other than those required by this part except for -

(1) Survival craft and rescue boats; and

(2) Survival craft and rescue boat launching and embarkation appliances.

(f) Acceptance of lifesaving appliances and arrangements will remain in effect unless -

(1) The OCMI deems their condition to be unsatisfactory or unfit for the service intended; or

(2) The OCMI deems the crew's ability to use and assist others in the use of the lifesaving appliances or arrangements to be inadequate.

[CGD 84-069, 61 FR 25313, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49241, Sept. 25, 2009]

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