770 



requirements of section 553 of Title 5. 



(f) Regulation by States or political subdivisions 

 thereof; complete prohibition upon discharge of 

 sewage. 



< 1 ) After the effective date of the initial standards 

 and regulations promulgated under this section, no 

 State or political subdivision thereof shall adopt or 

 enforce any statute or regulation of such State or 

 political subdivision with respect to the design, man- 

 ufacture, or installation or use of any marine sanita- 

 tion device on any vessel subject to the provisions of 

 this section. 



(2) If, after promulgation of the initial standards 

 and regulations and prior to their effective date, a 

 vessel is equipped with a marine sanitation device in 

 compliance with such standards and regulations and 

 the installation and operation of such device is in 

 accordance with such standards and regulations, 

 such standards and regulations shall, for the pur- 

 poses of paragraph (1) of this subsection, become 

 effective with respect to such vessel on the date of 

 such compliance. 



(3) After the effective date of the initial standards 

 and regulations promulgated under this section, if 

 any State determines that the protection and en- 

 hancement of the quality of some or all of the wa- 

 ters within such State require greater environmental 

 protection, such State may completely prohibit the 

 discharge from all vessels of any sewage, whether 

 treated or not, into such waters, except that no such 

 prohibition shall apply until the Administrator de- 

 termines that adequate facilities for the safe and 

 sanitary removal and treatment of sewage from all 

 vessels are reasonably available for such water to 

 which such prohibition would apply. Upon applica- 

 tion of the State, the Administrator shall malce such 

 determination within 90 days of the date of such 

 application. 



(4) If the Administrator determines upon appli- 

 cation by a State that the protection and enhance- 

 ment of the quality of specified waters within such 

 State requires such a prohibition, he shall by regu- 

 lation completely prohibit the discha; je from a ves- 

 sel of any sewage (whether treated or not) into such 

 waters. 



(g) Sales limited to certified devices; certification of 

 test device; recordkeeping; reports. 



(1 » No manufacturer of a marine sanitation de- 

 vice shall sell, offer for sale, or introduce or deliver 

 for introduction in interstate commerce, or import 

 inf the United States for sale or resale any marine 

 sanitation device manufactured after the effective 

 date of the standards and regulations promulgated 

 under this section unless such device is in all ma- 

 terial respects substantially the same as a test de- 

 vice certified under this subsection. 



(2) Upon application of the manufacturer, the 

 Secretary of the department in which the Coast 

 Guard is operating shall so certify a marine sanita- 

 tion device if he determines, in accordance with the 

 provisions of this paragraph, that it meets the ap- 

 propriate standards and regulations promulgated 

 under this section. The Secretary of the department 

 in which the Coast Guard is operating shall test or 

 require such testing of the device in accordance with 



procedures set forth by the Administrator as to 

 standards of performance and for such other pur- 

 poses as may be appropriate. If the Secretary of the 

 department in which the Coast Guard is operating 

 determines that the device is satisfactory from the 

 standpoint of safety and any other requirements of 

 maritime law or regulation, and after consideration 

 of the design, installation, operation, material, or 

 other appropriate factors, he shall certify the device. 

 Any device manufactured by such manufacturer 

 which is in all material respects substantially the 

 same as the certified test device shall be deemed to 

 be in conformity with the appropriate standards and 

 regulations established under this section. 



(3) Every manufacturer shall establish and main- 

 tain such records, malce such reports, and provide 

 such information as the Administrator or the Secre- 

 tary of the department in which the Coast Guard is 

 operating may reasonably require to enable him to 

 determine whether such manufacturer has acted or 

 is acting in compliance with this section and regula- 

 tions issued thereunder and shall, upon request of 

 an officer or employee duly designated by the Ad- 

 ministrator or the Secretary of the department in 

 which the Coast Guard is operating, permit such 

 officer or employee at reasonable times to have access 

 to and copy such records. All information reported 

 to or otherwise obtained by the Administrator or the 

 Secretary of the department in which the Coast 

 Guard is operating or their representatives pursuant 

 to this subsection which contains or relates to a trade 

 secret or other matter referred to in section 1905 of 

 Title 18 shall be considered confidential for the pur- 

 pose of that section, except that such information 

 may be disclosed to other officers or employees con- 

 cerned with carrying out this section. This para- 

 graph shall not apply in the case of the construction 

 of a vessel by an individual for his own use. 



(h) Sale and resale of properly equipped vessels; 

 operability of certified marine sanitation devices. 



After the effective date of standards and regula- 

 tions promulgated under this section, it shall be 

 unlawful — 



(1) for the manufacturer of any vessel subject 

 to such standards and regulations to manufacture 

 for sale, to sell or offer for sale, or to distribute 

 for sale or resale any such vessel unless it is 

 equipped with a marine sanitation device which is 

 in all material respects substantially the same as 

 the appropriate test device certified pursuant to 

 this section; 



(2) for any person, prior to the sale or delivery 

 of a vessel subject to such standards and regula- 

 tions to the ultimate purchaser, wrongfully to re- 

 move or render inoperative any certified marine 

 sanitation device or element of design of such de- 

 vice installed in such vessel ; 



(3) for any person to fail or refuse to permit 

 access to or copying of records or to fail to make 

 reports or provide information required under 

 this section; and 



(4) for a vessel subject to such standards and 

 regulations to operate on the navigable waters of 

 the United States, if such vessel is not equipped 



