§1904 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must pick who can issue MARPOL certificates for the United States, except as provided in section 1903(b)(1). A ship registered in or of the nationality of a country that is not a MARPOL party cannot be issued a certificate. Certificates issued by other MARPOL party countries are as valid as those from the Secretary or the Administrator. Ships that must have a certificate must keep a valid one on board and may be inspected in U.S. ports or terminals. Inspections normally only check for a valid certificate unless there are clear reasons to suspect the ship or its equipment does not match the certificate. That does not stop other U.S. officials from boarding under other laws. In addition to penalties in section 1908, the law covers ships without a valid certificate or whose condition disagrees with the certificate. If a ship is detained, the Secretary may refuse or revoke its clearance under 46 U.S.C. 60105. Anyone whose ship is detained can ask the Secretary to review the detention under agency rules, and the Secretary must act within the time those rules set. A ship unreasonably detained or delayed by the Secretary is entitled to compensation for any loss or damage.

Title 33, §1904

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Except as provided in section 1903(b)(1) of this title, 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)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)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)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)In addition to the penalties prescribed in section 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;

(f)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)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)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.

Notes & Related Subsidiaries

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 “Secretary 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 “environment or the public health and welfare.” for “environment.” 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.

§1904 Certificates