---
kind: "section"
citation: "46 C.F.R. § 133.40"
title: "46"
number: "133.40"
heading: "Evaluation, testing and approval of lifesaving appliances and arrangements."
url: "https://uscodex.org/cfr/46/133.40"
---

# §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—
  - (1) Be approved; or
  - (2) **Be accepted by the cognizant OCMI for use on the OSV.**
- (c) The Commandant (CG-ENG) 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—
  - (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.

## Notes

### Amendments

[CGD 84-069, 61 FR 25304, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012]

### Authority

Authority: 46 U.S.C. 3306, 3307; DHS Delegation 00170.1, Revision No. 01.4.

### Source

Source: CGD 84-069, 61 FR 25304, May 20, 1996, unless otherwise noted.

### Amendments

[CGD 84-069, 61 FR 25304, May 20, 1996, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012]