---
kind: "section"
citation: "33 C.F.R. § 158.160"
title: "33"
number: "158.160"
heading: "Issuance and termination of a Certificate of Adequacy."
url: "https://uscodex.org/cfr/33/158.160"
---

# §158.160. Issuance and termination of a Certificate of Adequacy.

- (a) After reviewing an application made under [§ 158.140(a)(1)](/cfr/33/158.140.md?p=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.
- (b) After the inspections under [paragraph (a)](#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 [§ 158.140(a)(2)](/cfr/33/158.140.md?p=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 [§ 158.150](/cfr/33/158.150.md) when the Certificate of Adequacy is issued.
- (e) **Each Certificate of Adequacy remains valid for a period of five years or until—**
  - (1) Suspended;
  - (2) Revoked; or
  - (3) This part no longer applies to the port or terminal.

## Notes

### Amendments

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]

### Source

Source: CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1903(b), 1905(c); 49 CFR 1.46.

### Amendments

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]