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e-CFR data is current as of October 23, 2020

Title 46Chapter ISubchapter QPart 159 → Subpart 159.001


Title 46: Shipping
PART 159—APPROVAL OF EQUIPMENT AND MATERIALS


Subpart 159.001—General


Contents
§159.001-1   Purpose.
§159.001-2   Right of appeal.
§159.001-3   Definitions.
§159.001-4   Incorporation by reference.
§159.001-5   Correspondence and applications.
§159.001-7   Substituted procedures.
§159.001-9   OMB Control Numbers assigned pursuant to the Paperwork Reduction Act.

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§159.001-1   Purpose.

(a) This part contains the procedures for the approval of equipment and materials when that equipment or material is inspected or tested by an independent laboratory or by the manufacturer of the equipment or material.

(b) The regulations in this subchapter (parts 159 through 164) have preemptive effect over State or local regulations in the same field.

[CGD 76-048, 44 FR 73043, Dec. 17, 1979, as amended by USCG-2012-0196, 81 FR 48273, July 22, 2016]

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§159.001-2   Right of appeal.

Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal to the Deputy for Operations Policy and Capabilities (CG-DCO-D) as provided in §1.03-15 of this chapter.

[CGD 93-055, 61 FR 13927, Mar. 28, 1996, as amended by CGD 96-041, 61 FR 50733, Sept. 27, 1996; USCG-2009-0702, 74 FR 49236, Sept. 25, 2009; USCG-2012-0832, 77 FR 59785, Oct. 1, 2012]

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§159.001-3   Definitions.

As used in this part:

Classification society means an organization involved in the inspection of ships and ship equipment, and which, as determined by the Commandant, meets the standards in IMO Resolution A.739(18).

Independent laboratory means an organization which meets the standards for acceptance in §159.010-3 of this part, and which is accepted by the Coast Guard for performing certain tests and inspections. In addition to commercial testing laboratories, the Commandant may also accept classification societies and agencies of governments that are involved in the inspection and testing of marine safety equipment that meet the requirements of §159.010-3.

Marine Equipment Directive (MarED) means the European Community Council Directive 96/98/EC of December 20, 1996 on marine equipment, as amended.

Memorandum of Understanding (MOU) is an agreement between the Coast Guard and a laboratory that specifies the approval functions a recognized independent laboratory performs for the Coast Guard and the recognized independent laboratory's working arrangements with the Coast Guard.

Mutual Recognition Agreement (MRA) means an agreement between the United States and other Maritime Administrations or organized associations, such as the European Community and the European Free Trade Association that specifies equipment approval and monitoring processes through which parties of the MRA agree to approve equipment on behalf of all parties. An MRA allows reciprocal approval and acceptance of equipment between all parties.

Recognized independent laboratory means an independent laboratory which meets the standards of §159.010-3, and is accepted by the Coast Guard to perform certain equipment approval functions on behalf of the Coast Guard, as described in a Memorandum of Understanding signed by the laboratory and the Coast Guard in accordance with §159.010-7(b).

[CGD 93-055, 61 FR 13927, Mar. 28, 1996, as amended by USCG-2012-0196, 81 FR 48273, July 22, 2016]

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§159.001-4   Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

(b) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org.

(1) Resolution A.739(18), Guidelines for the Authorization of Organizations Acting on Behalf of the Administration, November 22, 1993, IBR approved for §159.001-3.

(2) [Reserved]

(c) International Organization for Standardization, ISO Central Secretariat BIBC II, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland, +41 22 749 01 11, http://www.iso.org.

(1) ISO/IEC 17025:2005(E), International Standard: General requirements for the competence of testing and calibration laboratories, Second edition, 15 May 2005 (“ISO/IEC 17025”), IBR approved for §159.010-3(a).

(2) [Reserved]

[USCG-2012-0196, 81 FR 48273, July 22, 2016]

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§159.001-5   Correspondence and applications.

Unless otherwise specified, all correspondence and applications in connection with approval and testing of equipment and materials must be addressed to: Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509; telephone 202-372-1392 or fax 202-372-1924.

[USCG-2006-25697, 71 FR 55747, Sept. 25, 2006, as amended by ; USCG-2009-0702, 74 FR 49236, Sept. 25, 2009; USCG-2012-0832, 77 FR 59785, Oct. 1, 2012; USCG-2013-0671, 78 FR 60156, Sept. 30, 2013]

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§159.001-7   Substituted procedures.

(a) The Commandant may substitute the procedures in this part for the procedures in any other part of this subchapter. Each person known to be affected by the substitution shall be informed that the procedures in this part apply.

(b) [Reserved]

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§159.001-9   OMB Control Numbers assigned pursuant to the Paperwork Reduction Act.

(a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980, (44 U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.

(b) Display.

46 CFR part or section where identified or describedCurrent OMB control No.
§159.007-11.131625-0035
§160.002-51625-0035
§160.047-51625-0035
§160.048-51625-0035
§160.050-51625-0035
§160.052-71625-0035
§160.053-41625-0035
§160.055-41625-0035
§160.064-61625-0035
§§161.001 through 161.0101625-0035
§161.171-151625-0035
§161.171-231625-0035
§§162.001 through 161.0181625-0035
§162.0411625-0035
§162.0431625-0035
§164.012-131625-0035
§164.019-51625-0035
§164.019-71625-0035
§164.019-91625-0035
§164.019-131625-0035
§164.019-151625-0035
§164.023-151625-0035

[49 FR 38121, Sept. 27, 1984, as amended by CGD 86-057, 51 FR 35220, Oct. 2, 1986; CGD 84-068, 58 FR 29492, May 20, 1993; USCG-2004-18884, 69 FR 58350, Sept. 30, 2004]

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