Editorial Note on Part 162
Editorial Note: Nomenclature changes to part 162 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 162.060-42 Responsibilities for Independent Laboratories (ILs). ( a ) Upon receipt of a request from a manufacturer for approval testing of a ballast water management system (BWMS), the independent laboratory will conduct a readiness evaluation and determine the acceptability of the BWMS for testing. ( 1 ) The readiness evaluation will examine the design and construction of the BWMS to determine whether there are any fundamental problems that might constrain the ability of the BWMS to manage ballast water as proposed by the manufacturer or to operate it safely onboard vessels. This evaluation must determine that the BWMS— ( i ) Is designed and constructed according to the requirements of § 162.060-20 of this subpart;
( ii ) Meets all existing safety and environmental regulatory requirements for all locations and conditions where the system will be operated during the testing and evaluation period; and
( iii ) Meets the definition of a complete BWMS, as defined in this subpart, to include both ballast water treatment equipment and control and monitoring equipment. Only complete systems in the configurations in which they are intended for sale and use will be accepted for type-approval testing.
( 2 ) The independent laboratory has the right to reject a proposed BWMS for type-approval testing if it does not satisfy the requirements in paragraph (a)(1) of this section, is not deemed ready for approval testing or if, for technical or logistical reasons, that independent laboratory does not have the capability to accommodate the BWMS for testing or evaluation.
( 3 ) Upon determination that the BWMS is ready for testing, the independent laboratory will notify the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, or by email to *msc@uscg.mil ”.*, and provide the estimated date for commencement of type-approval testing.
( b ) The independent laboratory must prepare a written Test Plan for each approval test to be completed, in accordance with § 162.060-24 of this subpart.
( c ) Prior to land-based testing, the independent laboratory must ensure that the BWMS supplied by the manufacturer is set up in accordance with the BWMS' Operation, Maintenance, and Safety Manual (OMSM).
( d ) Prior to shipboard testing, the independent laboratory must ensure that the BWMS supplied by the manufacturer is installed in a vessel in accordance with the OMSM and the vessel's administration's requirements and can be tested in accordance with § 162.060-28 of this subpart.
( e ) Prior to commencing land-based or shipboard testing required under this subpart, the independent laboratory must require the BWMS manufacturer to sign a written statement to attest that the system was properly assembled and installed at the test facility or onboard the test vessel.
( f ) The independent laboratory or its subcontractor(s) must conduct all approval testing and evaluations in accordance with testing requirements of this subpart and within the range or rated capacity of the BWMS.
( g ) Upon completion of all approval tests and evaluations, the independent laboratory must follow the requirements of § 162.060-34 of this subpart and forward a complete Test Report to the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, or by email to *msc@uscg.mil .*
[USCG-2001-10486, 77 FR 17311, Mar. 23, 2012, as amended by 77 FR 33970, June 8, 2012; USCG-2013-0671, 78 FR 60161, Sept. 30, 2013; USCG-2015-0867, 80 FR 62470, Oct. 16, 2015 ; USCG-2016-0498, 82 FR 35093, July 28, 2017; USCG-2018-0874, 84 FR 30883, June 28, 2019]