Page:United States Statutes at Large Volume 101 Part 3.djvu/163

 PUBLIC LAW 100-220—DEC. 29, 1987

101 STAT. 1461

"(b) For purposes of this Act, the requirements of Annex V shall apply to the navigable waters of the United States, as well as to all other waters and vessels over which the United States has jurisdiction.". SEC. 2102. APPLICATION OF ACT.

(a) IN GENERAL.—Section 3(a) of the Act to Prevent Pollution from Ships is amended to read as follows: 33 USC 1902. "(a) This Act shall apply— "(1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; "(2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; "(3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; and "(4) with respect to regulations prescribed under section 6 of this Act, any port or terminal in the United States.". (b) EXCLUSIONS.—Section 3(b) of the Act to Prevent Pollution from Ships is amended to read as follows: "(b)(1) Except as provided in paragraph (2), this Act shall not apply to— "(A) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or "(B) any other ship specifically excluded by the MARPOL Protocol. "(2)(A) Notwithstanding any provision of the MARPOL Protocol, and subject to subparagraph (B) of this paragraph, the requirements of Annex V to the (Convention shall apply after 5 years after the effective date of this paragraph to a ship referred to in paragraph (I)(A). "(B) This paragraph shall not apply during time of war or a declared national emergency.". (c) REGULATIONS.—Section 3(c) of the Act to Prevent Pollution from Ships is amended to read as follows: "(c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol, including regulations conforming to and giving effect to the requirements of Annex V as they apply under subsection (a) of section 3, to ensure that their treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol.". SEC. 2103. POLLUTION RECEPTION FACILITIES. (a) DETERMINATION OF ADEQUACY OF FACILITIES.—Section 6(a) of

the Act to Prevent Pollution from Ships is amended— 33 USC 1905. (1) by inserting "(1)" immediately after "(a)"; (2) in subsection (a)(D, as so redesignated, by striking "reception facilities of a port or terminal" and inserting in lieu thereof the following: "a port's or terminal's reception facilities for mixtures containing oil or noxious liquid substances"; and (3) by adding at the end the following: "(2) The Secretary, after consulting with appropriate Federal Regulations. agencies, shall establish regulations setting criteria for deter-

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