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EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 901 of this title.

§§ 929 to 932.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 30 section 932. § 933. Compensation for injuries where third persons are liable.

(b) Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner or Board shall operate as an assignment to the employer of all right of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such award.

(e) Any amount recovered by such employer on account of such assignment, whether or not as the result of a compromise, shall be distributed as follows:

(1) The employer shall retain an amount equal to

(A) the expenses incurred by him in respect to such proceedings or compromise (including a reasonable attorney's fee as determined by the deputy commissioner or Board);

(g) If compromise with such third person is made by the person entitled to compensation or such representative of an amount less than the compensation to which such person or representative would be entitled to under this chapter the employer shall be liable for compensation as determined in subdivision (f) of this section only if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made.

(As amended Oct. 27, 1972, Pub. L. 92-576, § 15 (f) – (h), 86 Stat. 1262.)

AMENDMENTS

1972 Subd. (b). Pub. L. 92–576, § 15(f), inserted "or Board" after "deputy commissioner".

Subd. (e) (1) (A). Pub. L. 92–576, § 15 (g), inserted "or Board" after "deputy commissioner".

Subd. (g). Pub. L. 92-576, § 15(h), substituted "if the written approval of such compromise is obtained from the employer and its insurance carrier by the person entitled to compensation or such representative at the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is made" for "if such compromise is made with his written approval".

EFFECTIVE DATE OF 1972 AMENDMENT.

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 905, 907 of this title; title 30 section 932.

§ 935. Substitution of carrier for employer.

In any case where the employer is not a selfinsurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Secretary shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in respect to such liability, imposed by this chapter upon the employer, as it considers proper in order to effectuate the provisions of this chapter. For such purposes (1) notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier, (2) jurisdiction of the employer by a deputy commissioner, the Board, or the Secretary, or any court under this chapter shall be jurisdiction of the carrier, and (3) any requirement by a deputy commissioner, the Board, or the Secretary, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer. (As amended Oct. 27, 1972, Pub. L. 92-576, § 15 (i), 86 Stat. 1262.)

AMENDMENTS

1972-Pub. L. 92-576 inserted reference to the Board in items (2) and (3).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

§ 938. Penalty for failure to secure payment of compensation.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 30 section 932.

§ 939. Administration.

(c) (1) The Secretary shall, upon request, provide persons covered by this chapter with information and assistance relating to the chapter's coverage and compensation and the procedures for obtaining such compensation and including assistance in processing a claim. The Secretary may, upon request, provide persons covered by this chapter with legal assistance in processing a claim. The Secretary shall also provide employees receiving compensation information on medical, manpower, and vocational rehabilitation services and assist such employees in obtaining the best such services available.

(2) The Secretary shall direct the vocational rehabilitation of permanently disabled employees and shall arrange with the appropriate public or private agencies in States or Territories, possessions, or the District of Columbia for such rehabilitation. The Secretary may in his discretion furnish such prosthetic appliances or other apparatus made necessary by an injury upon which an award has been made under this chapter to render a disabled employee fit to engage in a remunerative occupation. Where necessary rehabilitation servics are not available

otherwise, the Secretary of Labor may, in his discretion, use the fund provided for in section 944 of his title in such amounts as may be necessary to procure such services, including necessary prosthetic appliance or other apparatus. This fund shall also be available in such amounts as may be authorized in annual appropriations for the Department of Labor for the costs of administering this subsection. (As amended Oct. 27, 1972, Pub. L. 92-576, § 17, 86 Stat. 1262.)

AMENDMENTS

1972 Subd. (c). Pub. L. 92-576 added par. (1) and redesignated former subd. (c) as par. (2).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

§ 940. Deputy commissioners; Board members.

(f) Neither a deputy commissioner or Board member nor any business associate of a deputy commissioner or Board member shall appear as attorney in any proceeding under this chapter, and no deputy commissioner or Board member shall act in any such case in which he is interested, or when he is employed by any party in interest or related to any party in interest by consanguinity or affinity within the third degree, as determined by the common law. (As amended Oct. 27, 1972, Pub. L. 92–576, § 15(j), 86 Stat. 1262.)

AMENDMENTS

1972 Subd. (f). Pub. L. 92-576 inserted references to Board member in three instances.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

§ 941. Safety rules and regulations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 932.

§ 944. Special fund.

(a) Establishment; administration; custody, trust.

There is established in the Treasury of the United States a special fund. Such fund shall be administered by the Secretary. The Treasurer of the United States shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Treasurer and shall not be money or property of the United States.

(b) Disbursements; bond of custodian.

The Treasurer is authorized to disburse moneys from such fund only upon order of the Secretary. He shall be required to give bond in an amount to be fixed and with securities to be approved by the Secretary of the Treasury and the Comptroller General of the United States conditioned upon the faithful performance of his duty as custodian of such fund.

(c) Payments into fund.

Payments into such fund shall be made as follows:

(1) Whenever the Secretary determines that there is no person entitled under this chapter to compensation for the death of an employee which would otherwise be compensable under this chap

ter, the appropriate employer shall pay $5,000 as compensation for the death of such an employee.

(2) At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and each carrier or self-insurer shall make payments into the fund on a prorated assessment by the Secretary in the proportion that the total compensation and medical payments made on risks covered by this chapter by each carrier and self-insurer bears to the total of such payments made by all carriers and self-insurers under the chapter in the prior calendar year in accordance with a formula and schedule to be determined from time to time by the Secretary to maintain adequate reserves in the fund.

(3) All amounts collected as fines and penalties under the provisions of this chapter shall be paid into such fund.

(d) Investigations; records, availability; recordkeeping; provisions of sections 49 and 50 of Title 15 applicable to Secretary.

(1) For the purpose of making rules, regulations, and determinations under this section under and for providing enforcement thereof, the Secretary may investigate and gather appropriate data from each carrier and self-insurer. For that purpose, the Secretary may enter and inspect such places and records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate.

(2) Each carrier and self-insurer shall make, keep, and preserve such records, and make such reports and provide such additional information, as prescribed by regulation or order of the Secretary, as the Secretary deems necessary or appropriate to carry out his responsibilities under this section.

(3) For the purpose of any hearing or investigation related to determinations or the enforcement of the provisions of this section, the provisions of sections 49 and 50 of Title 15 (relating to the attendance of witnesses and the production of books, papers, and documents) are hereby made applicable to the jurisdiction, powers, and duties of the Secretary of Labor.

(e) Authorization of appropriations; property of fund; repayment.

There is hereby authorized to be appropriated to the Secretary the sum of $2,000,000 which the Secretary shall immediately deposit into the fund. Upon deposit in the fund such moneys shall be treated as the property of such fund. This sum, without additional payments for interest, shall be repaid from the money or property belonging to the fund on a schedule of repayment set by the Secretary: Provided, That full repayment must be made no later than five years from the date of deposit into the fund. Each such repayment, as made, shall be covered into the Treasury of the United States as miscellaneous receipts.

(f) Depositories; investments.

The Treasurer of the United States shall deposit any moneys paid into such fund into such depository banks as the Secretary may designate and may invest any portion of the funds which, in the opinion

of the Secretary, is not needed for current requirements, in bonds or notes of the United States or of any Federal land bank.

(g) Limitation of liability.

Neither the United States nor the Secretary shall be liable in respect of payments authorized under section 908 of this title in an amount greater than the money or property deposited in or belonging to such fund.

(h) Audit by Comptroller General; finality of payment determinations; credits of disbursing offi

cers.

The Comptroller General of the United States shall audit the account for such fund, but the action of the Secretary in making payments from such fund shall be final and not subject to review, and the Comptroller General is authorized and directed to allow credit in the accounts of any disbursing officer of the Secretary for payments made from such fund authorized by the Secretary.

(i) Civil actions for civil penalties.

All civil penalties provided for in this chapter shall be collected by civil suit brought by the Secretary.

(j) Proceeds available for certain payments.

The proceeds of this fund shall be available for payments:

(1) Pursuant to sections 910 and 911 of this title with respect to initial and subsequent annual adjustments in compensation for total permanent disability or death which occurred prior to the effective date of this subsection.

(2) Under section 908 (f) and (g), under section 918(b), and under section 939 (c) of this title. (3) To repay the sums deposited in the fund pursuant to subsection (d) of this section.

(4) To defray the expense of making examinations as provided in section 907 of this title. (k) Audit to Congress.

At the close of each fiscal year the Secretary shall submit to the Congress a complete audit of the fund. (As amended Oct. 27, 1972, Pub. L. 92-576, § 8, 86 Stat. 1256.)

AMENDMENTS

1972 Subd. (a). Pub. L. 92-576, § 8(a), substituted "special fund" for "special fund for the purpose of making payments in accordance with the provisions of subsections (f) and (g) of section 908, of subsection (b) of section 918, and of subsection (c) of section 939 of this title".

Subd. (c)(1). Pub. L. 92-576, § 8(b), increased compensation payment for death to $5,000 from $1,000; inserted provision for compensation which would otherwise be compensable under this chapter; deleted second sentence, less two provisos, now incorporated in subsec. (j) (2) of this section; deleted first such proviso for priority of payments authorized by subsec. (f) over other payments authorized from the fund; and deleted second such proviso, now incorporated in subsec. (k) of this section.

Subd. (c) (2). Pub. L. 92-576, § 8(b), added subd. (c) (2). Former subd. (c) (2) redesignated (c) (3).

Subd. (c) (3). Pub. L. 92-576, § 8(b), redesignated former subd. (c) (2) as (c) (3).

Subd. (d). Pub. L. 92-576, § 8(b), added subd. (d). Former subd. (d) redesignated (f).

Subd. (e). Pub. L. 92-576, § 8(b), added subd. (e). Former subd. (e) redesignated (g).

Subds. (f)-(1). Pub. L. 92-576, § 8(b), redesignated former subds. (d) to (g) as (f) to (1).

Subd. (J). Pub. L. 92–576, § 8(d), added cls. (1), (3), and (4), and incorporated former part of first sentence of subsec. (a) and former second sentence, less provisos, of subd. (c) (1), in provisions designated as cl. (2). Subd. (k). Pub. L. 92-576, § 8(d), incorporated former provisions of subd. (c) (1), last proviso, in provisions designated as subd. (k).

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 907, 910, 939, 948a of this title; title 30 section 932.

§ 945. Administration fund.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 932.

§ 947. Availability of appropriations.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Transfer of Functions note set out under this section in the main volume.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 932.

§ 948. Laws inapplicable.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 932.

948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability.

It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void. (Mar. 4, 1927, ch. 509, § 49, as added Oct. 27, 1972, Pub. L. 92–576, § 19, 86 Stat. 1263.)

EFFECTIVE DATE

Section effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92-576, set out as a note under section 901 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 30 section 932.

§§ 949, 950.

Sections 49 and 50 of act Mar. 4, 1927, redesignated sections 50 and 51, respectively, by Pub. L. 92-576, § 19, Oct. 27, 1972, 86 Stat. 1263.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in title 30 section 932.

Chapter 19.-SAINT LAWRENCE SEAWAY

§ 982. Management of Corporation.

TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 984. General powers of Corporation.

(a) For the purpose of carrying out its functions under this chapter the Corporation—

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(a) Tank arrangement and tank size limita-
tion pursuant to provisions of annex C
to the convention; building contracts
placed on or after effective date.
(b) Same; building contracts place or keel
laid before effective date.

(c) Domestic tankers without certificate of
compliance or exemption prohibited
from engaging in domestic or foreign
trade.

(d) Foreign tankers with foreign registry but without certificate of compliance; consultation with foreign government; denial of access.

(e) Foreign tankers without foreign registry; denial of access.

Effective date of 1973 Amendments [New].

(a) General provision.

(b) Savings provision.

(c) Special provision.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 section 1655.

§ 1001. Definitions.

As used in this chapter, unless the context otherwise requires

(c) The term "instantaneous rate of discharge of oil content" means the rate of discharge of oil in liters per hour at any instant divided by the speed of the ship in knots at the same instant;

(d) The term "heavy diesel oil" means diesel oil, other than those distillates of which more than 50 per centum, by volume distills at a temperature not exceeding three hundred and forty degrees centigrade when tested by American Society for Testing and Materials standard method D. 86/59;

(e) The term "mile" means a nautical mile of six thousand and eighty feet or one thousand eight hundred and fifty-two meters;

(f) The term "oil" means crude oil, fuel oil, heavy diesel oil, and lubricating oil, and “oily" shall be construed accordingly; an "oily mixture" means a mixture with any oil content;

(g) The term "person" means an individual, partnership, corporation, or association; and any owner, operator, agent, master, officer or employee of a ship;

(h) The term "Secretary" means the Secretary of the department in which the Coast Guard is operating;

(j) The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958; except that, for the purpose of this chapter "from the nearest land" off the northeastern coast of Australia means a line drawn from a point on the coast of Australia in latitude 11 degrees south, longitude 142 degrees 08 minutes east to a point in latitude 10 degrees 35 minutes south, longitude 141 degrees 55 minutes east

thence to a point latitude 10 degrees 00 minutes south, longitude 142 degrees 00 minutes east; thence to a point latitude 9 degrees 10 minutes south, longitude 143 degrees 52 minutes east; thence to a point latitude 9 degrees 00 minutes south, longitude 144 degrees 30 minutes east; thence to a point latitude 13 degrees 00 minutes south, longitude 144 degrees 00 minutes east; thence to a point latitude 15 degrees 00 minutes south, longitude 146 degrees 00 minutes east; thence to a point latitude 18 degrees 00 minutes south, longitude 147 degrees 00 minutes east; thence to a point latitude 21 degrees 00 minutes south, longitude 153 degrees 00 minutes east;

thence to a point on the coast of Australia in latitude 24 degrees 42 minutes south, longitude 153 degrees 15 minutes east. (As amended Pub. L. 93-119, § 2(1), Oct. 4, 1973, 87 Stat. 424.)

AMENDMENTS

1973-Subsec. (c). Pub. L. 93-119, § 2(1)(C), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 93-119, § 2(1)(B), (D), redesignated former subsec. (c) as (d), and deleted the word "marine" preceding "diesel oil" and substituted "Ameri

can Society for Testing and Materials" for "American Society for the Testing of Materials", respectively. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 93-119, § 2(1) (B), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 93-119, § 2(1) (B), (E), redesignated former subsec. (e) as (f) and substituted "; an 'oily mixture' means a mixture with any oil content;" for ". An 'oily mixture' means a mixture with an oil content of one hundred parts or more in one million parts of mixture." Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 93-119, § 2(1) (A), (B), repealed former subsec. (g) which defined "prohibited zones" and redesignated former subsec. (f) as (g), respectively.

Subsec. (h). Pub. L. 93-119, § 2(1) (F), substituted as the definition for "Secretary" the "Secretary of the department in which the Coast Guard is operating" for "Secretary of Transportation".

Subsec. (J). Pub. L. 93-119, § 2(1) (G), inserted definition of "from the nearest land" off the northeastern coast of Australia.

EFFECTIVE DATE OF 1973 AMENDMENT

See section 1016 of this title.

SHORT TITLE OF 1973 AMENDMENT

Section 1 of Pub. L. 93-119 provided: "That this Act [which enacted sections 1004a and 1016, amended sections 1001 to 1004, 1005, 1007 to 1010, and 1014, and repealed sections 1011 and 1015 of this title] may be cited as the 'Oil Pollution Act Amendments of 1973'."

SEPARABILITY OF PROVISIONS

Section 14, formerly 15 of Pub. L. 87-167, renumbered by section 2(13) of Pub. L. 93-119 provided that: "If a pro.vision of this Act [this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [this chapter] and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1007 of this title.

§ 1002. Prohibition against discharge of oil or oily mixtures; permissible discharges.

Subject to the provisions of sections 1003 and 1004 of this title, the discharge of oil or oily mixture from a ship is prohibited unless

(a) the ship is proceeding en route; and (b) the instantaneous rate of discharge of oil content does not exceed sixty liters per mile, and (c) (1) for a ship, other than a tanker

(i) the oil content of the discharge is less than one hundred parts per one million parts of the mixture, and

(ii) the discharge is made as far as practicable from the nearest land;

(2) for a tanker, except discharges from machinery 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 capacity, 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 oil or oily mixture from a ship is prohibited 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, substituted 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 prohibited zones."; "(b) a ship other than a tanker, 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 bulk 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 oily 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.

EFFECTIVE DATE OF 1973 AMENDMENT

See section 1016 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1007 of this title.

§ 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

(b) the escape of oil, or of oily mixture, resulting 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 minimizing 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 introductory 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 this title inapplicable to the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil, provided the discharge was made as far from land as practicable. See section 1002 (c) (1) (ii), (2) (11) of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

See section 1016 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1007 of this title.

§ 1004. Excepted discharges; tanker ballast from cargo tank.

Section 1002 of this title does not apply to the discharge 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 discharged 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 oily mixture containing no oil other than lubricating oil which had drained or leaked from machinery spaces.

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