Page:United States Statutes at Large Volume 124.djvu/3054

 124 STAT. 3028 PUBLIC LAW 111–281—OCT. 15, 2010 unless that vessel bears an overcoating which forms a barrier to organotin leaching from the underlying antifouling system. (c) LIMITATIONS.— (1) EXCEPTED VESSEL.—Subsection (b) does not apply to fixed or floating platforms, FSUs, or FPSOs that were con- structed prior to January 1, 2003, and that have not been in dry dock on or after that date. (2) SALE, MANUFACTURE, ETC.—This section does not apply to— (A) the sale, distribution, or use pursuant to any agree- ment between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this title; or (B) the manufacture, processing, formulation, sale, dis- tribution, or use of organotin or antifouling systems con- taining organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments. SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY. (a) IN GENERAL.—The Secretary may conduct investigations and inspections regarding a vessel’s compliance with this title or the Convention. (b) VIOLATIONS; SUBPOENAS.— (1) IN GENERAL.—In any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if— (A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and (B) the Attorney General— (i) determines that the subpoena will not interfere with a criminal investigation; or (ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subpara- graph (A). (2) ENFORCEMENT.—In the case of refusal to obey a sub- poena issued to any person under this subsection, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compli- ance. (c) FURTHER ACTION.—On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this title. (d) COOPERATION.—The Secretary may cooperate with other parties to the Convention in the detection of violations and in enforcement of the Convention. Nothing in this section affects or alters requirements under any other laws. SEC. 1033. EPA ENFORCEMENT. (a) INSPECTIONS, SUBPOENAS.— (1) IN GENERAL.—For purposes of enforcing this title or any regulation prescribed under this title, officers or employees of the Environmental Protection Agency or of any State des- ignated by the Administrator may enter at reasonable times 33 USC 3843. Deadline. Determination. 33 USC 3842.