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
(a) While at a port or terminal under the jurisdiction of the United States, a ship is subject to inspection by the Coast Guard—
(1) To determine that a valid IOPP Certificate is on board and that the condition of the ship and its equipment corresponds substantially with the particulars of the IOPP Certificate;
(2) To determine that evidence of compliance with MARPOL 73/78, as required by § 151.21 is on board and that the condition of the ship and its equipment corresponds substantially with the particulars of this evidence of compliance;
(3) To determine whether a ship has been operating in accordance with and has not discharged any oil or oily mixtures in violation of the provisions of MARPOL 73/78 or this subchapter;
(4) To determine whether a ship has discharged oil or oily mixtures anywhere in violation of MARPOL 73/78, upon request from a party to MARPOL 73/78 for an investigation when the requesting party has furnished sufficient evidence to support a reasonable belief that a discharge has occurred.
(b) A ship that does not comply with the requirements of parts 151, 155 and 157 of this chapter, or where the condition of the ship or its equipment does not substantially agree with the particulars of the IOPP Certificate or other required documentation, may be detained by order of the COTP or OCMI, at the port or terminal where the violation is discovered until, in the opinion of the detaining authority, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered.
(c) An inspection under this section may include an examination of the Oil Record Book, the oil content meter continuous records, and a general examination of the ship. A copy of any entry in the Oil Record Book may be made and the Master of the ship may be required to certify that the copy is a true copy of such entry.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55 FR 18582, May 2, 1990]
Notes of Decisions
United States v. Nikolaos Vastardis, 19 F.4th 573 (3rd Cir. 2021).
· cites it 6× “” 33 C.F.R. § 151.23 . Accordingly, federal statute authorized the Coast Guard’s investigation.”
United States v. Kun Yun Jho, 465 F. Supp. 2d 618 (E.D. Tex. 2006).
· cites it 4× “” The Coast Guard is authorized to conduct inspections of vessels to determine compliance with MARPOL, APPS, and related regulations, and is specifically authorized to examine a vessel’s Oil Record Book pursuant to 33 C.F.R. § 151.23 (a)(3) & (c). These inspections are regularly…”
United States v. Kun Yun Jho, 534 F.3d 398 (5th Cir. 2008).
· cites it 2× “See 33 C.F.R. § 151.23 (e). The APPS provides two pertinent limitations on the application of § 1908(a) and 33 C.”
United States v. Hugo Pena, 684 F.3d 1137 (11th Cir. 2012).
“33 C.F.R. § 151.23 . B. Factual and Procedural History On May 4, 2010, the Coast Guard conducted an unannounced port state control examination of the motor vessel Island Express I {“Island Express”), which was docked at a port just south of Fort Lauderdale, Florida.”
Angelex Ltd. v. United States, 123 F. Supp. 3d 66 (D.D.C. 2015).
· cites it 2× “§ 89 (a); 33 C.F.R. § 151.23 (a). The Coast Guard’s inspection authority includes the ability to examine the Oil Record Book kept by the vessel.”
United States v. Korotkiy, 118 F.4th 1202 (9th Cir. 2024).
· cites it 6× “33 C.F.R. 151.23.” Dissent at 63–64. How any discrepancy would be discerned without a substantively accurate record is unclear.”
United States v. Sanford Ltd., 880 F. Supp. 2d 9 (D.D.C. 2012).
“07 (b), or it may detain the ship in port until it is safe for the vessel to proceed to sea, see 33 C.F.R. § 151.23 (b). In this case, the Superseding Indictment charges the defendants with two types of ORB violations: (1) affirmatively false ORB entries; and (2) failures to…”
United States v. Fox, 216 F. Supp. 3d 1225 (W.D. Wash. 2016).
“§ 89 (a); 33 C.F.R. § 151.23 (a)(2)-(3). While this investigative authority permits Coast Guard agents to interview crew members, those investigative interviews must nonetheless comply with the Fifth Amendment.”
— 33 C.F.R. § 151.23(a)(3) — 1 case
United States v. Kun Yun Jho, 465 F. Supp. 2d 618 (E.D. Tex. 2006).
“” The Coast Guard is authorized to conduct inspections of vessels to determine compliance with MARPOL, APPS, and related regulations, and is specifically authorized to examine a vessel’s Oil Record Book pursuant to 33 C.F.R. § 151.23 (a)(3) & (c). These inspections are regularly…”
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