33 U.S.C. § 1909

MARPOL Protocol; proposed amendments

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(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.

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.

(Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 100–220, title II, § 2106, Dec. 29, 1987, 101 Stat. 1463; Pub. L. 110–280, § 9, July 21, 2008, 122 Stat. 2615.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 1987 Amendment

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.

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Alaska v. Kerry, 972 F. Supp. 2d 1111 (D. Alaska 2013).

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Alaska v. Kerry, 972 F. Supp. 2d 1111 (D. Alaska 2013). · cites it 14× “” 66 As cited above, 33 U.S.C. § 1909 (b) and (c) provide that the Secretary of State “may” take “appropriate action” on an amendment to a MARPOL Annex, or reject the amendment.”

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