§ 1904. — Certificates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1904]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1904. Certificates
(a) Issuance by authorized designees; restriction on issuance
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
under the authority of the MARPOL Protocol.
(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. 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 or permits; refusal or revocation
If a ship is under a detention order under this section, the
Secretary of the Treasury, upon the request of the Secretary, may refuse
or revoke--
(1) the clearance required by section 91 of title 46, Appendix;
or
(2) a permit to proceed under section 313 \1\ of title 46,
Appendix, or section 1443 \2\ of title 19.
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\1\ See References in Text note below.
\2\ See Codification note below.
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(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.
(Pub. L. 96-478, Sec. 5, Oct. 21, 1980, 94 Stat. 2298.)
References in Text
Section 313 of title 46, Appendix, referred to in subsec. (f)(2),
was repealed by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8,
1993, 107 Stat. 2223.
Codification
Section 1443 of title 19, referred to in subsec. (f)(2), was in the
original section 442 of the Tariff Act of 1930, as amended (19 U.S.C.
1443). Although section 442 of the Tariff Act of 1930, June 17, 1930,
ch. 497, title IV, 46 Stat. 713, is classified to section 1442 of Title
19, Customs Duties, the reference was translated as meaning section 443
of the Tariff Act of 1930, which was classified to section 1443 of title
19 prior to repeal by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,
1993, 107 Stat. 2223.
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.
