C.F.R.
»
Title 33
» CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER O—POLLUTION › PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER › Subpart A—Implementation of MARPOL 73/78 and the Protocol on Environmental Protection to the Antarctic Treaty as it Pertains to Pollution from Ships
Each Coast Guard official designated as a Captain of the Port (COTP) or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer, Sector Office, is delegated the authority to—
(a) Issue International Oil Pollution Prevention (IOPP) Certificates;
(b) Detain or deny entry to ships not in substantial compliance with MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance with MARPOL 73/78 on board;
(c) Receive and investigate reports under § 151.15; and
(d) Issue subpoenas to require the attendance of any witness and the production of documents and other evidence, in the course of investigations of potential violations of the Act to Prevent Pollution from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 73/78.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR 18582, May 2, 1990; USCG-2006-25556, 72 FR 36328, July 2, 2007]
Notes of Decisions
United States v. Sanford Ltd., 880 F. Supp. 2d 9 (D.D.C. 2012).
· cites it 2× “§ 1228 ; 33 C.F.R. § 151.07 (b), or it may detain the ship in port until it is safe for the vessel to proceed to sea, see 33 C.”
Angelex Ltd. v. United States, 123 F. Supp. 3d 66 (D.D.C. 2015).
“See 33 C.F.R. § 151.07 . U.S. Customs and Border Protection (“CBP”) is responsible for refusing, revoking, and granting a ship’s departure clearance upon the request of the Coast Guard.”
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