(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 (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7410, 4200 Wilson Boulevard, Suite 400, Arlington, VA 20598-7410 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 Sec. 159.53 by:
(1) Evidence that the device meets State standards at least equal to the standards in Sec. 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 Sec. 159.53 need not meet the other regulations in this part and may not be labeled under Sec. 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; USCG-2014-0410, 79 FR 38439, July 7, 2014] Sec. 159.12a Certification of certain Type III devices.
(a) The purpose of this section is to provide regulations for certification of certain Type III devices.
(b) Any Type III device is considered certified under this section if:
(1) It is used solely for the storage of sewage and flushwater at ambient air pressure and temperature; and
(2) It is in compliance with Sec. 159.53(c).
(c) Any device certified under this section need not comply with the other regulations in this part except as required in paragraphs (b)(2) and (d) of this section and may not be labeled under Sec. 159.16.
(d) Each device certified under this section which is installed aboard an inspected vessel must comply with Sec. 159.97. [CGD 76-145, 42 FR 11, Jan. 3, 1977]