been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape. 33 § 1004. Excepted discharges; tanker ballast from cargo tank Section 1002 of this title does not apply to the discharge of tanker ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any effluent therefrom, if it were discharged from a stationary tanker into clean calm water on a clear day, would produce no visible traces of oil on the surface of the water. 33 § 1004a. United States tankers; construction standardsTank arrangement and tank size limitation pursuant to provisions of annex C to the convention; building contracts placed on or after effective date (a) Every tanker to which this chapter applies and built in the United States and for which the building contract is placed on or after the effective date of this section shall be constructed in accordance with the provisions of annex C to the convention, relating to tank arrangement and limitation of tank size. Same; building contracts placed or keel laid before effective date (b) Every tanker to which this chapter applies and built in the United States and for which the building contract is placed, or in the absence of a building contract the keel of which is laid or which is at a similar state of construction, before the effective date of this section, shall, wthin two years after that date, comply with the provisions of annex C of the convention if (1) the delivery of the tanker is after January 1, 1977; or (2) the delivery of the tanker is not later than January 1, 1977, and the building contract is placed after January 1, 1972, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction, after June 30, 1972. Domestic tankers without certificate of compliance or exemption prohibited from engaging in domestic or foreign trade (c) A tanker required under this section to be constructed in accordance with annex C to the convention and so constructed shall carry on board a certificate issued by the Secretary attesting to that compliance. A tanker which is not required to be constructed in accordance with annex C to the convention shall carry on board a certificate to that effect issued by the Secretary, or if a tanker does comply with annex C though not required to do so, she may carry on board a certificate issued by the Secretary attesting to that compliance. Tankers under the flag of the United States are prohibited from engaging in domestic or foreign trade without an appropriate certificate issued under this section. Foreign tankers with foreign registry but without certificate of compliance; consultation with foreign government; denial of access (d) Certificates issued to foreign tankers pursuant to the convention by other nations party thereto shall be accepted by the Secretary as of the same force as certificates issued by him. If the Secretary has clear grounds for believing that a foreign tanker required under the convention to be constructed in accordance with annex C entering ports of the United States or using offshore terminals under United States control does not in fact comply with annex C, he may request the Secretary of State to seek consultation with the government with which the tanker is registered. If after consultation or otherwise, the Secretary is satisfied that such tanker does not comply with annex C, he may for this reason deny such tanker access to ports of the United States or to offshore terminals under United States control until such time as he is satisfied that the tanker has been brought into compliance. Foreign tankers without foreign registry; denial of access (e) If the Secretary is satisfied that any other foreign tanker which, if registered in a country party to the convention, would be required to be constructed in accordance with annex C, does not in fact comply with the standards relating to tank arrangement and limitation of tank size of annex C, then he may deny such tanker access to ports of the United States or to offshore terminals under United States control. 33 § 1005. Penalties for violations-Criminal penalties for willful violations; separate violations (a) Any person who willfully discharges oil or oily mixture from a ship in violation of this chapter or the regulations thereunder shall be fined not more than $10,000 for each violation or imprisoned not more than one year, or both. Civil penalties for willful or negligent and other violations; separate violations (b) In addition to any other penalty prescribed by law any person who willfully or negligently discharges oil or oily mixture from a ship in violation of this chapter or any regulation thereunder shall be liable to a civil penalty of not more than $10,000 for each violation, and any person who otherwise violates this chapter or any regulation thereunder shall be liable to a civil penalty of not more than $5,000 for each violation. Liability of vessel; venue (c) A ship from which oil or oily mixture is discharged in violation of this chapter or any regulation thereunder is liable for any pecuniary penalty under this section and may be proceeded against in the district court of any district in which the vessel may be found. Administrative proceedings: assessment of civil penalties; remission, mitigation, or compromise of any penalty; notice and hearing; judicial proceedings: civil actions by Attorney General for collection of penalties; trial de novo (d) The Secretary may assess any civil penalty incurred under this chapter or any regulation thereunder and, in his discretion, remit, mitigate, or compromise any penalty. No penalty may be assessed unless the alleged violator shall have been given notice and the opportunity to be heard on the alleged violation. Upon any failure to pay a civil penalty assessed under this chapter, the Secretary may request the Attorney General to institute a civil action to collect the penalty. In hearing such action, the district court shall have authority to review the violation and the assessment of the civil penalty de novo. 33 § 1006. Suspension or revocation of license of officers of offending vessels The Coast Guard may, subject to the provisions of section 239 of Title 46, suspend or revoke a license issued to the master or other licensed officer of any ship found violating the provisions of this chapter or the regulations issued pursuant thereto. 33 1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment (a) In the administration of sections 1001 to 1010 of this title, the Secretary may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel, facilities, or equipment of other Federal agencies or the States. For the better enforcement of the provisions of said sections, officers of the Coast Guard and other persons employed by or acting under the authority of the Secretary shall have power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of said provisions: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of said sections the person so arrested shall be brought forthwith before a commissioner, judge or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States. Representatives of the Secretary and of the Coast Guard of the United States may go on board and inspect any ship as may be necessary for enforcement of this chapter. (b) To implement article VII of the convention, ship fittings and equipment, and operating requirements thereof, shall be in accordance with regulations prescribed by the Secretary. 33 § 1008. Oil record book-Printing; regulations by Secretary (a) The Secretary shall have printed separate oil record books, containing instructions and spaces for inserting information in the form prescribed by the Convention, which shall be published in regulations prescribed by the Secretary. Book supplied without charge; inspection and surrender (b) If subject to this chapter, every ship using oil fuel and every tanker shall be provided, without charge, an oil record book which shall be carried on board. The provisions of section 140 of Title 5 shall not apply. The ownership of the booklet shall remain in the United States Government. This book shall be available for inspection as provided in this chapter and for surrender to the United States Government pursuant to regulations of the Secretary. Operations requiring recordation (c) The oil record book shall be completed on each occasion, on a tank-to-tank basis, whenever any of the following operations take place in the ship: (1) for tankers (i) loading of oil cargo; (ii) transfer of oil cargo during voyage; (v) cleaning of cargo tanks; (vi) discharge of dirty ballast; (vii) discharge of water from slop tanks; (ix) discharge overboard of bilge water containing oil which (i) ballasting or cleaning of bunker fuel tanks; (ii) discharge of dirty ballast or cleaning water from bunker fuel tanks; (iii) disposal of residues; (iv) discharge overboard of bilge water containing oil which has accumulated in machinery spaces while in port, and the routine discharge at sea of bilge water containing oil unless the latter has been entered in the appropriate logbook. In the event of such discharge or escape of oil or oily mixture as is referred to in section 1003 of this title, a statement shall be made in the oil record book of the circumstances of, and reason for, the discharge or escape. Entries; signatures (d) Each operation described in subsection (c) of this section shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and, when the ship is manned, by the master of the ship. Rules and regulations (e) Oil record books shall be kept in such manner and for such length of time as set forth in the regulations prescribed by the Secretary. 33 § 1009. Regulations The Secretary may make regulations for the administration of sections 1002, 1003, 1004, 1004a, 1005, 1007, and 1008 of this title. 33 § 1010. Boarding of ships; production of records; evidence of violations by foreign ships (a) The Secretary may make regulations empowering such persons as may be designated to go on board any ship to which the convention applies, while the ship is within the territorial jurisdiction of the United States, and to require production of any records required to be kept in accordance with the convention. (b) Should evidence be obtained that a ship registered in another country party to the convention has discharged oil in violation of the convention but outside the territorial sea of the United States such evidence should be forwarded to the State Department for action in accordance with article X of the convention. 33 § 1014. Effect on other laws Nothing in this chapter or in regulations issued hereunder shall be construed to modify or amend the provisions of section 1321 of this title or of section 89 of Title 14. Chapter 24.-VESSEL BRIDGE-TO-BRIDGE COMMUNICATION 1201. 1202. 1203. 1204. 1205. 1206. 1207. 1208. Sec. Statement of purpose. Radiotelephone requirement. (a) Vessel coverage; exchange of navigational information. (b) Vessel upon navigable waters of United States inside high seas lines. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment. Radiotelephone capability, maintenance; restoration; consequences of loss; navigation of vessel. Exemptions; terms and conditions. Regulations. (a) Operating and technical conditions and characteristics; fre- Penalties. (a) Master, person in charge, or pilot subject to penalty. (c) Remission or mitigation. 33 § 1201. Statement of purpose It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator's navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States. |