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(a) Modifications to general procedures. Subpart 159.005 of this chapter contains the approval procedures. Those procedures must be followed, except as modified in this paragraph.
(1) Preapproval review under §§ 159.005–5 and 159.005–7 may be omitted if a similar design has already been approved.
(2) The information required under § 159.005–5(a)(2) (i) through (iii) of this chapter must be included in the application.
(3) The application must also include the following:
(i) The Type of performance (i.e. Type I or Type V) that the lifejacket is designed to provide.
(ii) Any special purpose(s) for which the lifejacket is designed and the vessel(s) or vessel type(s) on which its use is planned.
(iii) Buoyancy and torque values along with tolerances to be allowed in production. The Coast Guard normally will approve tolerances of up to ±10% unless prototypes are tested at greater extremes or greater tolerances are otherwise justified.
(iv) The text of any optional marking to be provided in addition to required text.
(v) The service manual and written guidelines required by §§ 160.176–19(c) and 160.176–19(d) of the part and the user's manual required by § 160.176–21 of this part.
(vi) A list of proposed servicing facilities.
(4) The description of quality control procedures required by § 159.005–9 of this chapter to be submitted with the test report may be omitted as long as the manufacturer's planned quality control procedures comply with § 160.176–15 of this part.
(5) The test report must include, in addition to information required by § 159.005–9 of this chapter, a report of inspection of each proposed servicing facility. The report must include the time, date, place, and name of the person doing the inspection and observations that show whether the facility meets §§ 160.176–19(b)(2), 160–176–19(b)(4), and 160.176–19(d) of this part.
(6) The certificate of approval, when issued, is accompanied by a letter to the manufacturer listing the servicing facilities that have been approved. Copies of the letter are also provided for each facility.
(7) An approval will be suspended or terminated under § 159.005–15 of this chapter if the manufacturer fails to maintain approved servicing facilities that meet § 160.176–19 of this part.
(b) Manuals and guidelines. The manuals and servicing facility guidelines required by this subpart are reviewed with the application for lifejacket approval. Changes will be required if needed to comply with §§ 160.176–19 and 160.176–21 of this part.
(c) Approval of servicing facilities.
(1) Approval of servicing facilities initially proposed for use is considered during and as a part of the lifejacket approval process described in paragraph (a) of this section.
(2) Other servicing facilities may subsequently be considered for approval, upon submission of a letter of application to Commandant containing each of the applicable items required of manufacturers and laboratories under § 159.005–5 of this chapter and the following:
(i) A copy of guidelines meeting § 160.176–19(d) of this part, if different from those originally approved with the lifejacket;
(ii) A list of the sources the servicing facility proposes to use for parts and manuals for the servicing of the make and model of lifejacket applied for; and
(iii) A report of inspection prepared by an independent laboratory which includes the time, date, and place of the inspection, the name of the inspector, and observations that show whether the facility meets §§ 160.176–19(b)(2) through 160.176–19(b)(4) and 160.176–19(d) of this part.
(3) To conduct servicing at a remote or mobile site, the servicing facility must be authorized in its letter of approval to conduct this type of servicing. Approval for servicing at these sites is obtained according to paragraph (c)(2) of this section except that portable or mobile equipment must be available when evaluating the compliance with § 160.176–19(b)(3) of this part.
(4) Each change to equipment, procedure, or qualification and training of personnel of an approved servicing facility must be also approved.
(d) Waiver of tests. If a manufacturer requests that any test in this subpart be waived, one of the following must be provided to the Commandant as justification for the waiver:
(1) Acceptable test results on a lifejacket of sufficiently similar design.
(2) Engineering analysis showing that the test is not applicable to the particular design or that by design or construction the lifejacket cannot fail the test.
(e) Alternative requirements. A lifejacket that does not meet requirements in this subpart may still be approved if the device—
(1) Meets other requirements prescribed by the Commandant in place of or in addition to requirements in this subpart; and
(2) Provides at least the same degree of safety provided by other lifejackets that do comply with this subpart.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.160.176–5 Approval procedures - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-160-176-5.html
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