(b) The Commandant may accept compliance by a high speed craft with the provisions of the International Maritime Organization (IMO) "Code of Safety for High Speed Craft" as an equivalent to compliance with applica: ble requirements of this subchapter. * Requests for a determination of equivalency for a particular vessel must be submitted to the Marine Safety Center. (c) The Commandant may approve a novel lifesaving appliance or arrangement as an equivalent if it has performance characteristics at least equivalent to the appliance or arrangement required under this part, and: (1) Is evaluated and tested under 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 an el evaluation and tests that are substantially equivalent to those recommendations. [CGD 85-080, 61 FR 885, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997] $114.550 Special consideration. In applying the provisions of this ́ ́ subchapter, the OCMI may give special consideration to authorizing departures from the specific requirements te when unusual circumstances or arrangements warrant such departures and an equivalent level of safety is provided. The OCMI of each marine inspection zone in which a vessel operates must approve any special consideration granted to the vessel. $114.560 Appeals. Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal therefrom in accordance with §1.03 in subchapter A of this chapter. $114.600 Incorporation by reference. (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with Title 5 United States Code (U.S.C.) 552(a) and Title 1 Code of Federal Regulations (CFR) Part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish a notice of change in the FEDERAL REGISTER and make the material available to the public. All approved material is on file at the U.S. Coast Guard, Office of Operating and Environmental Standards (G-MSO), 2100 Second Street SW., Washington, DC 20593-0001 or 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. All material is available from the sources indicated in paragraph (b) of this section. (b) The material approved for incorporation by reference in this subchapter and the sections affected are: American Boat and Yacht Council (ABYC) 3069 Solomons Island Road, Edgewater, MD 21037 .116.300 Rules for Building and Classing Steel American National Standards Institute (ANSI) 11 West 42nd Street, New York, NY 10036 A 17.1-1984, including supplements A 17.1a and b-1985-Safety Code for Elevators and Escalators.. B 31.1-1986-Code for Pressure Piping, Z 26.1-1977, including 1980 supple- .120.540 .119.710 .116.1030 National Fire Protection Association (NFPA) 1 Batterymarch Park, Quincy, MA 02269-9101 NFPA 10-1994-Portable Fire Extin .119.440 ..114.400 .119.440 ASTM B 127-98, Standard Specification for Nickel-Copper Alloy (UNS NO4400) Plate, Sheet, and Strip......119.440 ASTM B 152-97a, Standard Specification for Copper Sheet, Strip, Plate, and Rolled Bar ASTM B 209-96, Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate. ..119.440 ASTM D 93-97, Standard Test Methods for Flash Point by PenskyMartens Closed Cup Tester. ASTM D 635-97, Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Plastics in a Horizontal Position ASTM D 2863-95, Standard Test Method for Measuring the Minimum Oxygen Concentration to Support Candle-like Combustion of Plastics (Oxygen Index). ASTM E 84-98, Standard Test Method for Surface Burning Characteristics of Building Materials.... .119.440 .116.405; 116.422; 116.423 .114.400; 116.423 NFPA 302-1994-Pleasure and Commercial Motor Craft, Chapter 6............121.200; 121.240 ASTM E 648-97, Standard Test Method for Critical Radiant Flux of FloorCovering Systems Using a Radiant Heat Energy Source.............. ASTM E 662-97, Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials .114.400; 116.423 Institute of Electrical and Electronics IEEE Service Center, 445 Hoes Lane, Standard 45-1977-Recommended Practice for Electrical Installations on Shipboard ..120.340 International Maritime Organization (IMO) International Maritime Organization, Publications Section, 4 Albert Embankment, London SE1 7SR United Kingdom Code of Practice for the Evaluation, facturer. COMDTINST M16714.3 (Series) may be obtained from New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. [CGD 85-080, 61 FR 885, Jan. 10, 1996, as amended at 62 FR 51348, Sept. 30, 1997] $114.900 OMB control numbers. (a) Purpose. This section lists 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 OMB for each approved agency information collection requirement. ..119.320 115.202 1625-0057 H [CGD 85-080, 61 FR 885, Jan. 10, 1996, as amended by CGD 96-041, 61 FR 50730, Sept. 27, 1996; CGD 97-057, 62 FR 51047, Sept. 30, 1997; CGD 85-080, 62 FR 51348, Sept. 30, 1997; USCG 1999-5151, 64 FR 67182, Dec. 1, 1999; USCG2000-7790, 65 FR 58462, Sept. 29, 2000] $114.800 Approved equipment and material. (a) Equipment and material that is required by this subchapter to be approved or of an approved type, must have been manufactured and approved in accordance with the design and testing requirements in subchapter Q (Equipment, Construction, and Materials: Specifications and Approval) of this chapter or as otherwise specified by the Commandant. (b) Coast Guard publication COMDTINST M16714.3 (Series) "Equipment Lists, Items Approved, Certificated or Accepted under Marine Inspection and Navigation Laws," lists approved equipment by type and manu 115.310 1625-0057 115.500(a) 1625-0057 115.910 Passenger Ship Safety Certificate. 115.920 Exemptions. 115.925 Safety Management Certificate. 115.930 Equivalents. AUTHORITY: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170. SOURCE: CGD 85-080, 61 FR 892, Jan. 10, 1996, unless otherwise noted. Subpart A-Certificate of $115.100 When required. (a) A vessel to which this subchapter applies may not be operated without having on board a valid U.S. Coast Guard Certificate of Inspection. (b) Except as noted in §115.114 of this part, each vessel inspected and certificated under the provisions of this subchapter must, when any passengers are aboard during the tenure of the certificate, be in full compliance with the terms of the certificate. (c) If necessary to prevent delay of the vessel, a temporary Certificate of Inspection may be issued pending the issuance and delivery of the regular Certificate of Inspection. The temporary certificate must be carried in the same manner as the regular certificate and is considered the same as the regular Certificate of Inspection which it represents. (d) A vessel on a foreign voyage between a port in the United States and a port in a foreign country, whose Certificate of Inspection expires during the voyage, may lawfully complete the Voyage without a valid Certificate of Inspection provided the voyage is completed within 30 days of expiration and the certificate did not expire within 15 days of sailing on the foreign voyage from a U.S. port. $115.103 Description. The Certificate of Inspection issued to a vessel describes the vessel, the route(s) that it may travel, the minimum manning requirements, the survival and rescue craft carried, the minimum fire extinguishing equipment and life jackets required to be carried, the maximum number of passengers and total persons that may be carried, the number of passengers the vessel may carry in overnight accommodation spaces, the name of the owner and managing operator, any equivalences accepted or authorized by the Commandant or any Officer in Charge, Marine Inspection (OCMI) in accordance with $114.540 or $114.550 of this subchapter and such other conditions of operations as may be determined by the cognizant OCMI. [CGD 85-080, 61 FR 892, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51047, Sept. 30, 1997] $115.105 How to obtain or renew. (a) A Certificate of Inspection is obtained or renewed by making application on Form CG 3752, “Application for Inspection of U.S. Vessel," to the Coast Guard OCMI of the marine inspection zone in which the inspection is to be made. Form CG-3752 may be obtained at any U.S. Coast Guard Marine Safety Office or Marine Inspection Office. (b) The application for initial inspection of a vessel being newly constructed or converted must be submitted prior to the start of the construction or conversion. (c) The construction, arrangement, and equipment of each vessel must be acceptable to the cognizant OCMI as a prerequisite of the issuance of the initial Certificate of Inspection. Acceptance is based on the information, specifications, drawings and calculations available to the OCMI, and on the successful completion of an initial inspection for certification. (d) A Certificate of Inspection is renewed by the issuance of a new Certificate of Inspection. (e) The condition of the vessel and its equipment must be acceptable to the cognizant OCMI as a prerequisite to the Certificate of Inspection renewal. Acceptance is based on the condition of the vessel as found at the inspection for certification. [CGD 85-080, 61 FR 892, Jan. 10, 1996, as amended by USCG 1999-4976, 65 FR 6504, Feb. 9, 2000] $ 115.107 Period of validity for a Certificate of Inspection. (a) A Certificate of Inspection is valid for 1 year for vessels carrying |