Editorial Notes
Amendments

2008—Subsec. (a)(3). Puspan. L. 110–280, § 7(1), added par. (3).

Subsec. (span). Puspan. L. 110–280, § 7(2), inserted “or the Administrator” after “Secretary”.

Subsec. (e)(2). Puspan. L. 110–280, § 7(3), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.”

Subsec. (f)(1). Puspan. L. 110–280, § 7(4), substituted “Secretary and the Administrator are” for “Secretary is”.

Subsec. (f)(2). Puspan. L. 110–280, § 7(5), struck out subpar. (A) designation before “Not later”.

1996—Subsec. (span). Puspan. L. 104–227, § 201(d)(1), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

Subsec. (c)(2). Puspan. L. 104–324, § 801(a)(1), (2), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), if” for “If”, and added subpars. (B) and (C).

Subsec. (c)(3)(A). Puspan. L. 104–324, § 801(a)(3), added subpar. (A) and struck out former subpar. (A) which read as follows: “is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and”.

Subsec. (d). Puspan. L. 104–324, § 801(a)(4), added subsec. (d) and struck out former subsec. (d) which read as follows: “The Secretary shall periodically cause to be published in the Federal Register a list of the ports or terminals holding a valid certificate issued under this section.”

Subsec. (e)(1). Puspan. L. 104–227, § 201(d)(2), (3), inserted “or the Antarctic Protocol” after “the Convention” in introductory provisions and inserted “or Article 9 of Annex IV to the Antarctic Protocol” after “the Convention” in subpar. (A).

Subsec. (f). Puspan. L. 104–324, § 801(span), designated existing provisions as par. (1) and added par. (2)(A).

Puspan. L. 104–227, § 201(d)(4), inserted “or the Antarctic Protocol” after “the MARPOL Protocol”.

1989—Subsec. (c)(1). Puspan. L. 101–225 substituted “Annex I and Annex II” for “Annex V”.

1987—Subsec. (a). Puspan. L. 100–220, § 2103(a), designated existing provisions as par. (1), substituted “a port’s or terminal’s reception facilities for mixtures containing oil or noxious liquid substances” for “reception facilities of a port or terminal”, and added par. (2).

Subsec. (span). Puspan. L. 100–220, § 2103(span), inserted “and in establishing regulations under subsection (a) of this section,” and “ships or”.

Subsec. (c). Puspan. L. 100–220, § 2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If, upon inspection, reception facilities of a port or terminal are adequate to meet the requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. A certificate issued under this subsection—

“(1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and

“(2) shall be available for inspection upon the request of the master, other person in charge, or agent of a seagoing ship using or intending to use the port or terminal.

The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by him in the manner prescribed by regulation.”

Subsec. (e). Puspan. L. 100–220, § 2103(d), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A), substituted “Annexes I and II of the Convention” for “the MARPOL Protocol”, and added par. (2).

Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Puspan. L. 100–220, set out as a note under section 1901 of this title.

Effective Date

Subsecs. (a), (c), and (f) of this section effective Oct. 21, 1980, see section 14(span) of Puspan. L. 96–478, set out as a note under section 1901 of this title.