[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR158.160]

[Page 513]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND 
GARBAGE--Table of Contents
 
                           Subpart A--General
 
Sec. 158.160  Issuance and termination of a Certificate of Adequacy.

    (a) After reviewing an application made under Sec. 158.140(a)(1), 
the COTP determines by inspection the following:
    (1) When the application is made on Form A, whether or not the 
reception facility meets Subpart B of this part.
    (2) When the application is made on Form B, whether or not the 
reception facility and the port, or the reception facility and the 
terminal, meet Subpart C of this part.
    Note: If in the instruction manual required by Sec. 158.330(b) there 
is a certification by a registered professional engineer licensed by a 
state or the District of Columbia that the backpressure requirements 
under Sec. 158.330(a) are met, the COTP determines whether or not to 
accept this finding.
    (b) After the inspections under paragraph (a) are conducted, and 
after consulting with the Administrator of the Environmental Protection 
Agency (EPA) or his or her designee, the COTP.
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (c) After reviewing an application made under Sec. 158.140(a)(2), 
the COTP----
    (1) Issues a Certificate of Adequacy to the person in charge for the 
port or terminal; or
    (2) Denies the application and informs the person in charge in 
writing of the reasons for the denial.
    (d) In order to remain valid, the Certificate of Adequacy must have 
attached to it any waivers that are granted under Sec. 158.150 when the 
Certificate of Adequacy is issued.
    (e) Each Certificate of Adequacy remains valid until--
    (1) Suspended;
    (2) Revoked; or
    (3) This part no longer applies to the port or terminal.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996]