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33 U.S.C. § 1904 — Certificates

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1904 — Certificates

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Source location: Title 33, Chapter 33, § 1904; chapter-033-prevention-of-pollution-from-ships.md

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**(a) Issuance by authorized designees; restriction on issuance** Except as provided in [section 1903(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1903/b/1&num=0&edition=prelim), the Secretary shall designate those persons authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol. A certificate required by the MARPOL Protocol shall not be issued to a ship which is registered in or of the nationality of a country which is not a party to the MARPOL Protocol. **(b) Validity of foreign certificates** A certificate issued by a country which is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or the Administrator under the authority of this chapter. **(c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States** A ship required by the MARPOL Protocol to have a certificate— (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and (2) is subject to inspection while in a port or terminal under the jurisdiction of the United States. **(d) Onboard inspections; other Federal inspection authority unaffected** An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment. **(e) Detention orders; duration of detention; shipyard option** In addition to the penalties prescribed in [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1908&num=0&edition=prelim), a ship required by the MARPOL Protocol to have a certificate— (1) which does not have a valid certificate onboard; or (2) whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate onboard; shall be detained by order of the Secretary at the port or terminal where the violation is discovered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered. **(f) Ship clearance; refusal or revocation** If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim). **(g) Review of detention orders; petition; determination by Secretary** A person whose ship is subject to a detention order under this section may petition the Secretary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation. **(h) Compensation for loss or damage** A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1901 — Definitions

**(a)** Unless the context indicates otherwise, as used in this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency; (2) “Antarctica” means the area south of 60 degrees south latitude; (3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention; (7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1908 — Penalties for violations

**(a) Criminal penalties; payment for information leading to conviction** A person who knowingly violates the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder commits a class D felony. In the discretion of the Court, an amount equal to not more than ½ of such fine may be paid to the person giving information leading to conviction. **(b) Civil penalties; separate violations; assessment notice; considerations affecting amount; payment for information leading to assessment of penalty** A person who is found by the Secretary, or the Administrator as provided for in this chapter, after notice and an opportunity for a hearing, to have— (1) violated the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation; or (2) made a false, fictitious, or fraudulent statement or representation in any matter in which a statement or representation is required to be made to the Secretary, or the Administrator as provided for in this chapter, under the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations thereunder, shall be liable to the United States for a civil penalty, not to exceed $5,000 for each statement or representation. Each day of a continuing violation shall constitute a separate violation. The amount of the civil penalty shall be assessed by the Secretary, or the Administrator as provided for in this chapter or his designee, by written notice. In determining the amount of the penalty, the Secretary, or the Administrator as provided for in this chapter, shall take into account the nature, circumstances, extent, and gravity of the prohibited acts

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1904 — Certificates

Page 669 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1904 ments equivalent to those described in sub- paragraph (A)(i) to all vessels subject to Annex V to the Convention; and (C) within 2 years after the effective date of this paragraph, report to the Congress— (i) regarding activities of the Secretary under subparagraph (B); and (ii) if the Secretary has not obtained agreements pursuant to subparagraph (B) re- garding the desirability of applying the re- quirements described in subparagraph (A)(i) to all vessels described in section 1902(a) of this title which call at United States ports. (5) No standard issued by any person or Fed- eral authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months after the required notification to the International Maritime Organization by the Secretary. (d) Utilization of personnel, facilities, or equip- ment of other Federal departments and agen- cies The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the MARPOL Pro- tocol, this chapter, or the regulations there- under. (Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100–220, title II, § 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104–227, title II, § 201(c), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 110–280, § 5, July 21, 2008, 122 Stat. 2613.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (b)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note s

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