Page:United States Statutes at Large Volume 94 Part 2.djvu/1024

 94 STAT. 2302

MARPOL Protocol, proposed amendments. 33 USC 1909.

Legal actions. 33 USC 1910.

PUBLIC LAW 96-478—OCT. 21, 1980

country for appropriate action, rather than taking the actions required or authorized by this section. SEC. 10. (a) A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section. (b) A proposed amendment to Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol, received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received. (c) Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol. SEC. 11. (a) Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own b e h a l f CD against any person alleged to be in violation of the provisions of this Act, or regulations issued hereunder; (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this Act which is not discretionary with the Secretary; (3) against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 9(e) of this Act. 0)) No action may be commenced under subsection (a) of this section— (1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned, and the Attorney General; or (2) if the Secretary has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently. <c) Any suit brought under this section shall be brought— (1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located; (2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure; (3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or (4) in any case, in the District Court for the District of Columbia. (d) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including

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