§ 159.12Regulations for certification of existing devices.
(a) The purpose of this section is to provide regulations for certification of existing devices until manufacturers can design and manufacture devices that comply with this part and recognized facilities are prepared to perform the testing required by this part.
(b) Any Type III device that was installed on an existing vessel before January 30, 1975, is considered certified.
(c) Any person may apply to the Commanding Officer, USCG Marine Safety Center, 2100 2nd St. SW., Stop 7102, Washington, DC 20593-7102 for certification of a marine sanitation device manufactured before January 30, 1976. The Coast Guard will issue a letter certifying the device if the applicant shows that the device meets § 159.53 by:
(1) Evidence that the device meets State standards at least equal to the standards in § 159.53, or
(2) Test conducted under this part by a recognized laboratory, or
(3) Evidence that the device is substantially equivalent to a device certified under this section, or
(4) A Coast Guard field test if considered necessary by the Coast Guard.
(d) The Coast Guard will maintain and make available a list that identifies each device certified under this section.
(e) Devices certified under this section in compliance with § 159.53 need not meet the other regulations in this part and may not be labeled under § 159.16.
[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15325, Apr. 12, 1976; CGD 82-063a, 48 FR 4776, Feb. 3, 1983; CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36286, June 25, 2010]
Title 33 published on 2014-07-01
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