Notes on 33 U.S.C. § 1905 : US Code - Notes

Search Notes on 33 U.S.C. § 1905 : US Code - Notes

(Pub. L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100-
220, title II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L.
101-225, title II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910; Pub.
L. 104-227, title II, Sec. 201(d), Oct. 2, 1996, 110 Stat. 3042;
Pub. L. 104-324, title VIII, Sec. 801, Oct. 19, 1996, 110 Stat.
3943.)
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted "or
the Antarctic Protocol" after "the MARPOL Protocol".
Subsec. (c)(2). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-227, Sec. 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). Pub. L. 104-324, Sec. 801(b), designated existing
provisions as par. (1) and added par. (2)(A).
Pub. L. 104-227, Sec. 201(d)(4), inserted "or the Antarctic
Protocol" after "the MARPOL Protocol".
1989 - Subsec. (c)(1). Pub. L. 101-225 substituted "Annex I and
Annex II" for "Annex V".
1987 - Subsec. (a). Pub. L. 100-220, Sec. 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. (b). Pub. L. 100-220, Sec. 2103(b), inserted "and in
establishing regulations under subsection (a) of this section," and
"ships or".
Subsec. (c). Pub. L. 100-220, Sec. 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). Pub. L. 100-220, Sec. 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).
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. 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 Pub. 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(b) of Pub. L. 96-478, set out as a note under
section 1901 of this title.
(!1) So in original. No subpar. (B) has been enacted.