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Title 33 — Navigation and Navigable Waters

Chapter 33 — Prevention of Pollution from Ships

§ 1909. MARPOL Protocol; proposed amendments

Statutory text

(a)

Acceptance of certain amendments by the President

A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the International Maritime 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)

Action on certain amendments by the Secretary of State

A proposed amendment to Annex I, II, V, or VI to the Convention, appendices to those Annexes, or Protocol I of the Convention received by the United States from the Secretary-General of the International Maritime 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, or the Administrator as provided for in this chapter, 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)

Declaration of nonacceptance by the Secretary of State

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Act to Prevent Pollution from Ships

    Pub. L. 96–478 § 10 · 94 Stat. 2297

    Enacted · 33 U.S.C. § 1909

    Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302

    Source evidence

    Code source credit
    Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302

    Enacted provision · exact public law 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.

  2. United States-Japan Fishery Agreement Approval Act of 1987

    Pub. L. 100–220 § 2106(1) · 101 Stat. 1458

    Substituted · 33 U.S.C. § 1909(a)

    Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Inter-Governmental Maritime Consultative Organization” and inserting “International Maritime Organization”; and

    Effective date note
    Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

  3. United States-Japan Fishery Agreement Approval Act of 1987

    Pub. L. 100–220 § 2106(2) · 101 Stat. 1458

    1. Substituted · 33 U.S.C. § 1909(b)

      Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,”

    2. Substituted · 33 U.S.C. § 1909(b)

      Pub. L. 100–220, § 2106(2), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and inserting “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention”, and by striking “Inter-Governmental Maritime Consultative Organization” and inserting “International Maritime Organization”.

    Effective date note
    Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

  4. Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 9 · 122 Stat. 2611

    1. Substituted · 33 U.S.C. § 1909(b)

      Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V”

    2. Inserted · 33 U.S.C. § 1909(b)

      Pub. L. 110–280 inserted “or the Administrator as provided for in this chapter,” after “Secretary,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.

    Enacted provision · exact public law section
    SEC. 9. AMENDMENTS TO THE PROTOCOL.   Section 10(b) (33 U.S.C. 1909(b)) is amended— (1) by striking “Annex I, II, or V” and inserting “Annex I, II, V, or VI”; and (2) by inserting “or the Administrator as provided for in this Act,” after “Secretary,”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1987–2008 · 2 rounds

2008

Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.

1987

Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.

Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–220 effective , the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

Credits

1980–2008 · 3 acts
  1. 1980Pub. L. 96–478, § 10, , 94 Stat. 2302
  2. 1987Pub. L. 100–220, title II, § 2106, , 101 Stat. 1463
  3. 2008Pub. L. 110–280, § 9, , 122 Stat. 2615.
Show as published

(Pub. L. 96–478, § 10, , 94 Stat. 2302; Pub. L. 100–220, title II, § 2106, , 101 Stat. 1463; Pub. L. 110–280, § 9, , 122 Stat. 2615.)

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USLM identifier /us/usc/t33/s1909