(a) To be accepted by the Coast Guard as an independent laboratory, a laboratory must--
(1) Be engaged, as a regular part of its business, in performing inspections and tests that are the same as or similar to the inspections and tests required in the applicable subpart;
(2) Have or have access to the apparatus, facilities, personnel, and calibrated instruments that are necessary to inspect and test the equipment or material under the applicable subpart;
(3) Not be owned or controlled by--
(i) The manufacturer of the equipment or material to be inspected or tested under this subchapter or any manufacturer of similar equipment or material;
(ii) A vendor of the equipment or material to be inspected or tested under this subchapter or a vendor of similar equipment or material; or
(iii) A supplier of materials to the manufacturer;
(4) Not be dependent on Coast Guard acceptance under this subchapter to remain in business; and
(5) Not advertise or promote the manufacturer's equipment or material that the laboratory inspects and tests under this subchapter.
(b) [Reserved]