33 U.S.C. § 1228 : US Code - Section 1228: Conditions for entry to ports in the United States

Search 33 U.S.C. § 1228 : US Code - Section 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.