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

Summary

The Secretary must pick people who can issue MARPOL certificates for the United States, unless section 1903(b)(1) says otherwise. The U.S. will not give a MARPOL certificate to a ship registered in a country that is not a MARPOL party. A MARPOL certificate from any country that is a party is as good as one issued by the Secretary or the Administrator under this chapter. Ships that need a MARPOL certificate must keep a valid one on board and can be inspected in U.S. ports or terminals. Inspections normally only check whether the certificate is onboard unless there are clear reasons to doubt the ship or its equipment matches the certificate. In addition to penalties in section 1908, ships without a valid certificate or whose condition does not match their certificate may be penalized. If detained, the Secretary may refuse or take away the clearance required by section 60105 of title 46. Owners can ask the Secretary to review a detention under the rules; the Secretary must decide in the time the regulations set. If the Secretary unreasonably detains or delays a ship under this chapter, the ship can get paid for losses.

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