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 set out under section 7401 of Title 42 and Tables. The effective date of this paragraph, referred to in subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of section 2107(b) of Pub. L. 100–220. See Effective Date of 1987 Amendment note below. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as (c), added pars. (2), (3), and (5), and redesignated former par. (2) as (4). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec. (c) as (d). 1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted ‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the MARPOL Protocol’’ in first sentence. Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted ‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the MARPOL Protocol’’. Subsec. (b)(2)(A). Pub. L. 104–227, § 201(c)(3), (4), struck out ‘‘within 1 year after the effective date of this para- graph,’’ before ‘‘prescribe’’ in introductory provisions and inserted ‘‘and of Annex IV to the Antarctic Pro- tocol’’ after ‘‘the Convention’’ in cl. (i). 1987—Subsec. (a). Pub. L. 100–220, § 2107(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Unless otherwise specified herein, the Secretary shall administer and enforce the MARPOL Protocol and this chapter. In the administration and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the MARPOL Protocol shall be ap- plicable only to seagoing ships.’’ Subsec. (b). Pub. L. 100–220, § 2107(b), designated exist- ing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Con- vention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see sec- tion 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title. EFFECTIVE DATE Subsec. (b) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96–478, set out as a note under section 1901 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1904. Certificates (a) Issuance by authorized designees; restriction on issuance Except as provided in section 1903(b)(1) of this title, the Secretary shall designate those per- sons 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 va- lidity 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 inspec- tion authority unaffected An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, un- less clear grounds exist which reasonably indi- cate that the condition of the ship or its equip- ment does not substantially agree with the par- ticulars 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. Page 670 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1905 (e) Detention orders; duration of detention; ship- yard option In addition to the penalties prescribed in sec- tion 1908 of this title, 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 dis- covered 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. (g) Review of detention orders; petition; deter- mination by Secretary A person whose ship is subject to a detention order under this section may petition the Sec- retary, 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. (Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 110–280, § 6, July 21, 2008, 122 Stat. 2614; Pub. L. 115–232, div. C, title XXXV, § 3548(c), Aug. 13, 2018, 132 Stat. 2328.) Editorial Notes AMENDMENTS 2018—Subsec. (f). Pub. L. 115–232 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to refusal or revocation of ship clearance or permits. 2008—Subsec. (a). Pub. L. 110–280, § 6(1), substituted ‘‘Except as provided in section 1903(b)(1) of this title, the Secretary’’ for ‘‘The Secretary’’. Subsec. (b). Pub. L. 110–280, § 6(2), substituted ‘‘Sec- retary or the Administrator under the authority of this chapter.’’ for ‘‘Secretary under the authority of the MARPOL Protocol.’’ Subsec. (e). Pub. L. 110–280, § 6(3), substituted ‘‘envi- ronment or the public health and welfare.’’ for ‘‘envi- ronment.’’ in concluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96–478, set out as a note under section 1901 of this title. § 1905. Pollution reception facilities (a) Adequacy; criteria (1) The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall establish regulations setting cri- teria for determining the adequacy of a port’s or terminal’s reception facilities for mixtures con- taining oil or noxious liquid substances and shall establish procedures whereby a person in charge of a port or terminal may request the Secretary to certify that the port’s or termi- nal’s facilities for receiving the residues and mixtures containing oil or noxious liquid sub- stance from seagoing ships are adequate. (2) The Secretary, after consulting with appro- priate Federal agencies, shall establish regula- tions setting criteria for determining the ade- quacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception fa- cilities, or ensure that such facilities are avail- able, for receiving garbage in accordance with those regulations. (3) The Secretary and the Administrator, after consulting with appropriate Federal agencies, shall jointly prescribe regulations setting cri- teria for determining the adequacy of reception facilities for receiving ozone depleting sub- stances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations. The Sec- retary and the Administrator may jointly pre- scribe regulations to certify, and may issue cer- tificates to the effect, that a port’s or terminal’s facilities for receiving ozone depleting sub- stances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate. (b) Traffic considerations In determining the adequacy of reception fa- cilities required by the MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in establishing regulations under subsection (a) of this section, the Secretary or the Adminis- trator may consider, among other things, the number and types of ships or seagoing ships using the port or terminal, including their prin- cipal trades. (c) Certificate; issuance; validity; inspection; re- view of suspension or revocation by Sec- retary (1) If reception facilities of a port or terminal meet the requirements of Annex I and Annex II to the Convention and the regulations pre- scribed under subsection (a)(1), the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. (2)(A) Subject to subparagraph (B), if reception facilities of a port or terminal meet the require- ments of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with ap- propriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. (B) The Secretary may not issue a certificate attesting to the adequacy of reception facilities