Page:United States Statutes at Large Volume 101 Part 3.djvu/164

 101 STAT. 1462

PUBLIC LAW 100-220—DEC. 29, 1987 mining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.". 0>) CONSIDERATION OF NUMBER AND TYPES OF SHIPS.—Section 6(b)

33 USC 1905.

of the Act to Prevent Pollution from Ships is amended by striking "terminal," the first time it appears and inserting in lieu thereof the following: "terminal, and in establishing regulations under subsection (a) of this section," and by striking "seagoing ships" and inserting in lieu thereof the following: "ships or seagoing ships". (c) CERTIFICATE ISSUANCE.—Section 6(c) of the Act to Prevent

Pollution from Ships is amended to read as follows: "(c)(1) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(D, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. "(2) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. "(3) A certificate issued under this subsection— "(A) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and "(B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal. "(4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation.". (d) ENTRY DENIAL.—Section 6(e) of the Act to Prevent Pollution from Ships is amended— (1) by inserting "(1)" immediately after "(e)"; (2) by striking "(1)" and inserting in lieu thereof "(A)"; (3) by striking "(2)" and inserting in lieu thereof "(B)"; (4) in subparagraph (A), as so redesignated, by striking "the MARPOL Protocol" and inserting in lieu thereof the following: "Annexes I and II of the Convention"; and (5) by adding at the end the following: "(2) 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.". SEC. 2104. VIOLATIONS.

(a) SHIP INSPECTIONS.—Section 8(c) of the Act to Prevent Pollution

33 USC 1907.

from Ships is amended by— (1) striking "(1)" and inserting "(A)"; (2) striking "(2)" and inserting "(B)"; (3) inserting "(2)" immediately after "(c)"; (4) in the last sentence of paragraph (2) (as redesignated), striking "If a report made under this subsection involves a ship, other than one of United States registry or nationality or one

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