[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR4.66c]



[Page 51-52]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 4_VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents

 

Sec.  4.66c  Oil pollution by oceangoing vessels.



    (a) If a port director receives a request from a Coast Guard officer 

to refuse or revoke the clearance or permit to proceed of a vessel 

because the vessel, its owner, operator, or person in charge, is liable 

for a fine or civil penalty, or reasonable cause exists to believe that 

they may be subject to a fine or civil penalty under the provisions of 

33 U.S.C. 1908 for violating the Protocol of 1978 Relating to the 

International Convention for the Prevention of Pollution from Ships, 

1973 (MARPOL Protocol), the Act to Prevent Pollution



[[Page 52]]



from Ships, 1980 (33 U.S.C. 1901-1911), or regulations issued 

thereunder, such clearance or a permit to proceed shall be refused or 

revoked. Clearance or a permit to proceed may be granted when the port 

director is informed that a bond or other security satisfactory to the 

Coast Guard has been filed.

    (b) If a port director receives a notification from a Coast Guard 

officer that an order has been issued to detain a vessel required to 

have an International Oil Pollution Prevention (IOPP) Certificate which 

does not have a valid certificate on board, or whose condition or whose 

equipment's condition does not substantially agree with the particulars 

of the certificate on board, or which presents an unreasonable threat of 

harm to the marine environment, the port director shall refuse or revoke 

the clearance or permit to proceed of the vessel if requested to do so 

by a Coast Guard officer. The port director shall not grant clearance or 

issue a permit to proceed to the vessel until notified by a Coast Guard 

officer that detention of the vessel is no longer required.

    (c) If a port director receives a notification from a Coast Guard 

officer to detain a vessel operated under the authority of a country not 

a party to the MARPOL Protocol which does not have a valid certificate 

on board showing that the vessel has been surveyed in accordance with 

and complies with the requirements of the MARPOL Protocol, or whose 

condition or whose equipment's condition does not substantially agree 

with the particulars of the certificate on board, or which presents an 

unreasonable threat of harm to the marine environment, the port director 

shall refuse or revoke the clearance or permit to proceed of the vessel 

if requested to do so by a Coast Guard officer. The port director shall 

not grant clearance or issue a permit to proceed to the vessel until 

notified by a Coast Guard officer that detention of the vessel is no 

longer required.



[T.D. 81-148, 49 FR 28695, July 16, 1984]