664 



chinery space bilges which shall be governed by 



the above provisions for ships other than tankers — 

 (i) the total quantity of oil discharged on a 

 ballast voyage does not exceed the fifteen 

 thousandths of the total cargo-carrying capac- 

 ity, and 



(ii) the tanker is more than fifty miles from 

 the nearest land. 

 (As amended Pub. L. 93-119, § 2(2), Oct. 4, 1973, 87 

 Stat. 425.) 



Amendments 



1973— Pub. L. 93-119 substituted In introductory text 

 "the discharge of oU or oUy mixture from a ship Is pro- 

 hibited unless — " for "it shall be unlawful for any person 

 to discharge oil or oily mixture from:". 



Subsecs. (a)-(c). Pub. L. 93-119, In revising the text. 

 suDStltuted provisions of subsecs. (a) to (c) for former 

 provisions which made unlawful the discharge of oil or 

 oily mixture from: "(a) a tanker within any of the pro- 

 hibited zones."; "(b) a ship other than a tanlcer. within 

 any of the prohibited zones, except when the ship is 

 proceeding to a port not provided with facilities adequate 

 for the reception, without causing undue delay. It may 

 discharge such residue and oily mixture as would remain 

 for disposal if the bullc of the water had been separated 

 ■from the mixture: Provided, such discharge is made as 

 far as praticable from land." and "(c) a ship of twenty 

 thousand tons gross tonnage or more, including a tanker, 

 for which the building contract Is placed on or after 

 the effective date of this chapter." 



Pub. L. 93-119 deleted second and third sentences which 

 authorized discharge of oil or oUy mixture outside the 

 prohibited zones If in the opinion of the master special 

 circumstances made It neither reasonable nor practicable 

 to retain the oil or oily mixture and which required the 

 reasons for the discharge to be reported in accordance 

 with regulations prescribed by the Secretary. 



§1003. Excepted discharges; securing safety of ship; 

 prevention of damage to ship or cargo; saving life; 

 damaged ship or unavoidable leakage. 



Section 1002 of this title does not apply to — 



(a) the discharge of oil or oily mixture from a 

 ship for the purpose of securing the safety of a ship, 

 preventing damage to a ship or cargo, or saving life 

 at sea; or 



(b) the escape of oil, or of oily mixture, result- 

 ing from damage to a ship or unavoidable leakage, 

 if all reasonable precautions have been taken after 

 the occurrence of the damage or discovery of the 

 leakage for the purpose of preventing or minimiz- 

 ing the escape; 



(c) Repealed. Pub. L. 93-119. § 2(3) (C), Oct. 4, 

 1973, 87 Stat. 425. 



(As amended Pub. L. 93-119. § 2(3), Oct. 4, 1973. 87 

 Stat. 425.) 



Amendments 



1973— Pub. L. 93-119. § 2(3) (A), substituted in the In- 

 troductory clause "does" for "shall". 



Subsec. (b). Pub. L. 93-119, §2(3)(B). substituted a 

 period for the semicolon, 



Subsec. (c) Pub, L. 93-119, §2(3)(C), repealed subsec. 

 (c) which had made provisions of section 1002 of thia 

 title Inapplicable to the discharge of residue arising from 

 the purification or clarification of fuel oU or lubricating 

 oU. provided the discharge was made as far from land 

 as practicable. See section 1002(c) (1) (U), (2) (11) of this 

 tltl6. 



§ 1004. Excepted discharges; tanker ballast from cargo, 

 tank. 



Section 1002 of this title does not apply to the dis- 

 charge of tanker ballast from a cargo tank which 

 since the cargo was last carried therein, has been so 

 cleaned that any effluent therefrom, if it were dis- 

 charged from a stationary tanker into clean calm 

 water on a clear day, would produce no visible traces 

 of oil on the surface of the water. (As amended 

 Pub. L. 93-119, § 2(4), Oct. 4, 1973. 87 Stat. 425.) 

 Amendments 



1973 — Pub, L. 93-119 substituted "does not" for "shall 

 not" and provisions which permitted discharge of tanker 

 ballast from cargo tanker for former authorization of 

 discharge from the bilges of a ship of an oUy mixture 

 containing no oil other than lubricating oil which had 

 aed or leaked from machinery spaces. 



§ 1004a. United States tankers; construction stand- 

 ards. 



(a) Tank arrangement and tank size limitation pur- 

 suant to provisions of annex C to the convention;, 

 building contracts placed on or after effective 

 date. 



Every tanker to which this chapter applies and 

 built in the United States and for which the build- 

 ing contract is placed on or after the effective data 

 of this section shall be constructed in accordance 

 with the provisions of annex C to the convention, 

 relating to tank arrangement and hmitation of tank 

 size. 



(b) Same; building contracts placed or keel laid be- 

 fore effective date. 



Every tanker to which this chapter applies and 

 built in the United States and for which the build- 

 ing contract the keel of which is laid or which 

 is at a similar state of construction, before the 

 effective date of this section, shall, within two years 

 after that date, comply with the provisions of annex 

 C of the convention if — 



(1) the delivery of the tanker is after Janu- 

 ary 1, 1977; or 



(2) the delivery of the tanker is not later than 

 January 1, 1977, and the building contract is placed 

 after January 1, 1972, or in cases where no build- 

 ing contract has previously been placed, the keel 

 is laid or the tanker is at a similar stage of con- 

 struction, after June 30, 1972. 



(c) Domestic tankers without certificate of compli- 

 ance or exemption prohibited from engaging in 

 domestic or foreign trade. 



A tanker required under this section to be con- 

 structed in accordance with annex C to the conven- 

 tion and so constructed shall carry on board 

 a certificate issued by the Secretary attesting to 

 that compliance. A tanker which is not required 

 Ho be constructed in accordance with annex C 

 to the convention shall cnrry on board a certificate 

 to that effect issued by the Secretary, or if a tanker 

 does' comply with annex C though not required 

 to do so, she may carry on board a certificate issued 

 by the Secretary attesting to that compliance. Tank- 

 ers under the fiag of the United States are pro- 

 hibited from engaging in domestic or foreign trade 



