133.40—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 OSV must be approved.
(b)
Each item of lifesaving equipment carried on board the OSV in addition to those required by this part must—
(c)
The Commandant (CG-521) may accept a novel lifesaving appliance or arrangement if it provides a level of safety equivalent the requirements of this part and if 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 an OSV's construction, and when any modification to the lifesaving arrangement is done after construction, a OSV 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—
(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 25304, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009]