§ 1228. — Conditions for entry to ports in the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1228]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1228. Conditions for entry to ports in the United States
(a) In general
No vessel, subject to the provisions of chapter 37 of title 46,
shall operate in the navigable waters of the United States or transfer
cargo or residue in any port or place under the jurisdiction of the
United States, if such vessel--
(1) has a history of accidents, pollution incidents, or serious
repair problems which, as determined by the Secretary, creates
reason to believe that such vessel may be unsafe or may create a
threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under
this chapter, chapter 37 of title 46, or under any other applicable
law or treaty; or
(3) discharges oil or hazardous material in violation of any law
of the United States or in a manner or quantities inconsistent with
the provisions of any treaty to which the United States is a party;
or
(4) does not comply with any applicable vessel traffic service
requirements; or
(5) is manned by one or more officers who are licensed by a
certificating state which the Secretary has determined, pursuant to
section 9101 of title 46, does not have standards for licensing and
certification of seafarers which are comparable to or more stringent
than United States standards or international standards which are
accepted by the United States; or
(6) is not manned in compliance with manning levels as
determined by the Secretary to be necessary to insure the safe
navigation of the vessel; or
(7) while underway, does not have at least one licensed deck
officer on the navigation bridge who is capable of clearly
understanding English.
(b) Exceptions
The Secretary may allow provisional entry of a vessel not in
compliance with subsection (a) of this section, if the owner or operator
of such vessel proves, to the satisfaction of the Secretary, that such
vessel is not unsafe or a threat to the marine environment, and if such
entry is necessary for the safety of the vessel or persons aboard. In
addition, paragraphs (1), (2), (3), and (4) of subsection (a) of this
section shall not apply if the owner or operator of such vessel proves,
to the satisfaction of the Secretary, that such vessel is no longer
unsafe or a threat to the marine environment, and is no longer in
violation of any applicable law, treaty, regulation or condition, as
appropriate. Clauses (5) and (6) of subsection (a) of this section shall
become applicable eighteen months after October 17, 1978.
(Pub. L. 92-340, Sec. 9, as added Pub. L. 95-474, Sec. 2, Oct. 17, 1978,
92 Stat. 1476; amended Pub. L. 101-380, title IV, Sec. 4106(c), Aug. 18,
1990, 104 Stat. 514.)
Amendments
1990--Subsec. (a). Pub. L. 101-380, Sec. 4106(c)(1), substituted
``chapter 37 of title 46'' for ``section 4417a of the Revised Statutes,
as amended'' in provisions preceding par. (1) and in par. (2) and
substituted ``section 9101 of title 46'' for ``section 4417a(11) of the
Revised Statutes, as amended'' in par. (5).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1223, 1232, 1911 of this
title.
