[Code of Federal Regulations]

[Title 46, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 46CFR108.105]



[Page 121-122]

 

                            TITLE 46_SHIPPING



                  (This book contains parts 90 to 139)

 

   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)

 

PART 108_DESIGN AND EQUIPMENT--Table of Contents

 

                            Subpart A_General

 

Sec.  108.105  Substitutes for required fittings, material, apparatus, 

equipment, arrangements, calculations, and tests.



    (a) Where this subchapter requires a particular fitting, material, 

apparatus, equipment, arrangement, calculation or test, the Commandant 

(G-MSE) may accept any substitution that is at least as effective as 

that specified. If necessary, the Commandant (G-MSE) may require 

engineering evaluations and tests to demonstrate the equivalence of the 

substitution.

    (b) In any case where it is shown to the satisfaction of the 

Commandant that the use of any particular equipment, apparatus, 

arrangement, or test is unreasonable or impracticable, the Commandant 

may permit the use of alternate equipment, apparatus, arrangement, or 

test to such an extent and upon such condition as will insure, to his 

satisfaction, a degree of safety consistent with the minimum standards 

set forth in this subchapter.

    (c) The Commandant (G-MSE) 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--



[[Page 122]]



    (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 a unit's construction and when any modification to the 

lifesaving arrangement is done after construction, the owner must obtain 

acceptance of lifesaving arrangements from the Commandant (G-MSC).

    (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 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-072, 60 FR 

50465, Sept. 29, 1995; CGD 84-069, 61 FR 25291, May 20, 1996]