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U.S. Code as of:
01/19/04
Section 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.
(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.
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