33 U.S.C. § 1904: Certificates

Summary

The Secretary must pick who can issue MARPOL certificates for U.S. ships, and cannot give a MARPOL certificate to a ship that is registered in a country not part of MARPOL, except as allowed under section 1903(b)(1). A MARPOL certificate issued by any country that is a MARPOL party counts the same as one issued by the Secretary. Ships that need a MARPOL certificate must keep a valid one on board as the issuer requires and can be inspected while in a U.S. port. Inspections are normally only to check for the certificate unless there are clear reasons to check the ship’s condition. Other federal inspection powers are not changed. If a ship has no valid certificate or its condition does not match the certificate, the Secretary can detain it at the port until it can go to sea without an unreasonable threat to the environment or public health; the ship may be allowed to go to the nearest suitable shipyard instead. The Secretary can refuse or revoke the clearance required by 46 U.S.C. 60105. The ship’s owner can ask the Secretary to review the detention, and the Secretary must confirm, change, or lift the detention within the time set by regulation. A ship that was unreasonably detained or delayed by the Secretary is entitled to compensation for losses.

Title 33, §1904

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(a)Issuance by authorized designees; restriction on issuance

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)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, 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.

(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.

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