769 



dence furnished by the President that the financial 

 responsibility provisions of paragraph d ) of this 

 subsection have been complied with. (June 30, 1948, 

 ch. 758, title III, S 311, as added Oct. 18, 1972, Pub. 

 L. 92-500, S 2, 86 Stat. 862.) 



§ 1322. Marine sanitation devices. 



(a) "Definitions. 



For the purpose of this section, the term — 



(1) "new vessel" includes every description of 

 watercraft or other artificial contrivance used, or 

 capable of being used, as a means of transporta- 

 tion on the navigable waters, the construction of 

 which is initiated after promulgation of standards 

 and regulations under this section; 



(2i "existing vessel" includes every description 

 of watercraft or other artificial contrivance used, 

 or capable of being used, as a means of transporta- 

 tion on the navigable waters, the constni.ction of 

 which is initiated before promulgation of stand- 

 ards and regulations under this section; 



(3) "public vessel" means a vessel owned or 

 bareboat chartered and operated by the United 

 States, by a State or political subdivision thereof, 

 or by a foreign nation, except when such vessel is 

 engaged in commerce; 



(4) "United States" includes the States, the 

 District of Columbia, the Commonwealth of Puerto 

 Rico, the Virgin Islands, Guam, American Samoa, 

 the Canal Zone, and the Trust Territory of the 

 Pacific Islands; 



(5) "marine sanitation device" includes any 

 equipment for installation on board a vessel which 

 is designed to receive, retain, treat, or discharge 

 sewage, and any process to treat such sewage; 



(6) "sewage" means human body wastes and the 

 wastes from toilets and other receptacles intended 

 to receive or retain body wastes; 



(7) "manufacturer" means any person engaged 

 in the manufacturing, assembling, or importation 

 of marine sanitation devices or of vessels subject 

 to standards and regulations promulgated under 

 this section; 



(8) "person" means an individual, partnership, 

 firm, corporation, or association, but does not in- 

 clude an individual on board a public vessel; 



(9) "discharge" includes, but is not limited to, 

 any spilling, leaking, pumping, pouring, emitting, 

 emptying or dumping. 



(b) Federal standards of performance. 



(1) As soon as possible, after October 18, 1972, and 

 subject to the provisions of section 1254(j) of this 

 title, the Administrator, after consultation with the 

 Secretary of the department in which the Coast 

 Guard is operating, after giving appropriate con- 

 sideration to the economic costs involved, and within 

 the limits of available technology, shall promulgate 

 Federal standards of performance for marine sani- 

 tation devices (hereafter in this section referred to 

 as "standards") which shall be designed to prevent 

 the discharge of untreated or inadequately treated 

 sewage into or upon the navigable waters from new 

 vessels and existing vessels, except vessels not 

 equipped with installed toilet facilities. Such stand- 

 ards shall be consistent with maritime safety and 



the marine and navigation laws and regulations and 

 shall be coordinated with the regulations issued 

 under this subsection by the Secretary of the depart- 

 ment in which the Coast Guard is operating. The 

 Secretary of the department in which the Coast 

 Guard is operating shall promulgate regulations, 

 which are consistent with standards promulgated 

 under this subsection and with maritime safety and 

 the marine and navigation laws and regulations gov- 

 erning the design, construction, installation, and 

 operation of any marine sanitation device on board 

 such vessels. 



(2) Any existing vessel equipped with a marine 

 sanitation device on the date of promulgation of 

 initial standards and regulations under this section, 

 which device is in compliance with such initial 

 standards and regulations, shall be deemed in com- 

 pliance with this section until such time as the de- 

 vice is replaced or is found not to be in compliance 

 with such initial standards and regulations. 



(c) Initial standards; effective dates; revision; 

 waiver. 



(1) Initial standards and regulations under this 

 section shall become effective for new vessels two 

 years after promulgation; and for existing vessels 

 five years after promulgation. Revisions of standards 

 and regulations shall be effective upon promulgation, 

 unless another effective date is specified, except that 

 no revision shall take effect before the effective date 

 of the standard or regulation being revised. 



(2) The Secretary of the department in which the 

 Coast Guard is operating with regard to his regula- 

 tory authority established by this section, after con- 

 sultation with the Administrator, may distinguish 

 among classes, type, and sizes of vessels as well as 

 between new and existing vessels, and may waive 

 applicability of standards and regulations as neces- 

 sary or appropriate for such classes, types, and sizes 

 of vessels (including existing vessels equipped with 

 marine sanitation devices on the date of ..ga- 

 tion of the initial standards required by this section) , 

 and, upon application, for individual vessels. 



(d) Vessels owned and operated by the United States. 



The provisions of this section and the stand- 

 ards and regulations promulgated hereunder apply 

 to vessels owned and operated by the United 

 States unless the Secretary of Defense finds that 

 compliance would not be in the interest of national 

 security. With respect to vessels owned and operated 

 by the Department of Defense, regulations under the 

 last sentence of subsection (b)(li of this section 

 and certifications under subsection (g) (2) of this 

 section shall be promulgated and issued by the Sec- 

 retary of Defense. 



(e) Pre-promulgation consultation. 



Before the standards and regulations under this 

 section are promulgated, the Administrator and the 

 Secretary of the department in which the Coast 

 Guard is operating shall consult with the Secretary 

 of State; the Secretary of Health, Education, and 

 Welfare; the Secretary of Defense; the Secretary of 

 the Treasury; the Secretary of Commerce; other 

 interested Federal agencies; and the States and in- 

 dustries interested; and otherwise comply with the 



