Page:United States Statutes at Large Volume 94 Part 2.djvu/1025

 PUBLIC LAW 96-478—OCT. 21, 1980

94 STAT. 2303

reasonable attorney and expert witness fees) to any party including the Federal Government. (e) In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene. SEC. 12. On the effective date of this Act— (a) the Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal or civil penalty proceeding under that Act for a violation which occurred prior to the effective date of this Act may be initiated or continued to conclusion as though that Act had not been repealed; and (b) the Oil Pollution Act Amendments of 1973 (87 Stat. 428, Public Law 93-119) are repealed. SEC. 13. (a) Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is amended as follows— (1) by amending subparagraph (C) of paragraph (2) by deleting the word "or" in clause (ii); by deleting the period at the end of clause (iii) and inserting "; or"; and by adding a new clause (iv) as follows: "(iv) designated as a noxious liquid substance under Annex II of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973."; (2) by amending subparagraph (E) of paragraph (3) to read as follows: "(E) which is constructed or adapted to carry, or which carries, oil or any hazardous materials in bulk as cargo or in residue.". (b) The Federal Water Pollution Control Act, as amended, is further amended in the first sentence of section 311(b)(3), after the words "except (A) in the case of such discharges", by striking the words "of oil"; and by striking the phrase "the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended" and inserting in lieu thereof the phrase "the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973". SEC. 14. (a) Except as provided in subsection Ob) of this section, this Act is effective upon the date of enactment, or on the date the MARPOL Protocol becomes effective as to the United States, whichever is later. Ob) The Secretary and the heads of Federal departments shall have the authority to issue regulations, standards, and certifications under sections 3(c), 3(d), 40b), 5(a), 6(a), 6(c), and 6(f) effective on the date of enactment of this Act. Section 13(a)(2) is effective upon the date of enactment of this Act. (c) Any rights or liabilities existing on the effective date of this Act shall not be affected by this enactment. Any regulations or procedures promulgated or effected pursuant to the Oil Pollution Act, 1961, as amended, remain in effect until modified or superseded by regulations promulgated under the authority of the MARPOL Protocol or this Act. SEC. 15. Nothing in this Act shall be construed as limiting, diminishing, or otherwise restricting any of the authority of the Secretary under the Port and Tanker Safety Act of 1978 (Public Law 95-474). SEC. 16. (a) Subsection (c) of section 4 of the Act of 1956 (16 U.S.C. 742c(c)) is amended— (1) by striking out "September 30, 1980," each place it appears therein and inserting in lieu thereof "September 30, 1982,; and (2) by striking out the third, fourth, and fifth sentences thereof.

79-194

O—81—pt. 2

65: QL3

33 USC lOOl et «^9-

33 USC 1321.

Effective date. 33 USC 1901 "°^®-

33 USC lOOi "°*® 33 USC 1911. 33 USC 1221 "°*«-

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