1625-0094 Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘(2) a ship registered in or of the nationality of a
country party to the MARPOL Protocol, or one operated under the authority of a country party to the
MARPOL Protocol, while in the navigable waters of
the United States; and
‘‘(3) a ship registered in or of the nationality of a
country not a party to the MARPOL Protocol, under
subsection (c) of this section, while in the navigable
waters of the United States.’’
Subsec. (b). Pub. L. 100–220, § 2102(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘This chapter does not apply to—
‘‘(1) a warship, naval auxiliary, or other ship owned
or operated by the United States when engaged in
noncommercial service; or
‘‘(2) any other ship specifically excluded by the
MARPOL Protocol.’’
Subsec. (c). Pub. L. 100–220, § 2102(c), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as
follows: ‘‘The Secretary shall prescribe regulations applicable to the ships of a country not a party to the
MARPOL Protocol to ensure that their treatment is
not more favorable than that accorded ships of parties
to the MARPOL Protocol.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE 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.
EFFECTIVE DATE
Subsecs. (c) and (d) of this section effective Oct. 21,
1980, see section 14(b) of Pub. L. 96–478, set out as a note
under section 1901 of this title.
COMPLIANCE WITH ANNEX V TO THE INTERNATIONAL
CONVENTION FOR THE PREVENTION OF POLLUTION
FROM SHIPS, 1973
Pub. L. 104–201, div. A, title III, § 324(b), (c), Sept. 23,
1996, 110 Stat. 2480, as amended by Pub. L. 105–85, div.
A, title X, § 1073(c)(1), Nov. 18, 1997, 111 Stat. 1904; Pub.
L. 108–136, div. A, title X, § 1031(f)(1), Nov. 24, 2003, 117
Stat. 1604, provided that:
‘‘(b) SENSE OF CONGRESS.—(1) It is the sense of Congress that it should be an objective of the Navy to
achieve full compliance with Annex V to the Convention as part of the Navy’s development of ships that are
environmentally sound.
‘‘(2) In this subsection and subsection (c), the terms
‘Convention’ and ‘ship’ have the meanings given such
terms in section 2(a) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901(a)).
‘‘[(c) Repealed. Pub. L. 108–136, div. A, title X,
§ 1031(f)(1), Nov. 24, 2003, 117 Stat. 1604.]’’
INSTALLATION SCHEDULE FOR PLASTICS PROCESSOR
EQUIPMENT ABOARD SHIPS; REQUEST FOR PROPOSALS
FOR EQUIPMENT
Pub. L. 103–160, div. A, title X, § 1003(e), Nov. 30, 1993,
107 Stat. 1747, provided that:
‘‘(1) Not later than October 1, 1994, the Secretary of
the Navy shall release a request for proposals for equipment (hereinafter in this subsection referred to as
‘plastics processor’) required for the long-term collection and storage of plastic aboard ships owned or operated by the Navy.
‘‘(2) Not later than July 1, 1996, the Secretary shall
install the first production unit of the plastics processor on board a ship owned or operated by the Navy.
‘‘(3) Not later than March 1, 1997, the Secretary shall
complete the installation of plastics processors on
board not less than 25 percent of the ships owned or operated by the Navy that require plastics processors to
comply with section 3 of the Act to Prevent Pollution

§ 1903

from Ships [33 U.S.C. 1902], as amended by subsections
(a), (b), and (c) of this section.
‘‘(4) Not later than July 1, 1997, the Secretary shall
complete the installation of plastics processors on
board not less than 50 percent of the ships owned or operated by the Navy that require processors to comply
with section 3 of such Act, as amended by subsections
(a), (b), and (c) of this section.
‘‘(5) Not later than July 1, 1998, the Secretary shall
complete the installation of plastics processors on
board not less than 75 percent of the ships owned or operated by the Navy that require processors to comply
with section 3 of such Act, as amended by subsections
(a), (b), and (c) of this section.
‘‘(6) Not later than December 31, 1998, the Secretary
shall complete the installation of plastics processors on
board all ships owned or operated by the Navy that require processors to comply with section 3 of such Act,
as amended by subsections (a), (b), and (c) of this section.’’

§ 1902a. Repealed. Pub. L. 116–283, div. G, title
LVXXXV [LXXXV], § 8502(a)(1), Jan. 1, 2021,
134 Stat. 4746
Section, Pub. L. 107–295, title II, § 204, Nov. 25, 2002,
116 Stat. 2094, related to discharge of agricultural cargo
residue. See section 1902(e) of this title.

§ 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels
Unless otherwise specified in this chapter, the
Secretary shall administer and enforce the
MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the MARPOL Protocol
and this chapter, Annexes I and II of the Convention apply only to seagoing ships.
(b) Duty of the Administrator
In addition to other duties specified in this
chapter, the Administrator and the Secretary,
respectively, shall have the following duties and
authorities:
(1) The Administrator shall, and no other
person may, issue Engine International Air
Pollution Prevention certificates in accordance with Annex VI and the International
Maritime Organization’s Technical Code on
Control of Emissions of Nitrogen Oxides from
Marine Diesel Engines, on behalf of the United
States for a vessel of the United States as that
term is defined in section 116 of title 46. The
issuance of Engine International Air Pollution
Prevention certificates shall be consistent
with any applicable requirements of the Clean
Air Act [42 U.S.C. 7401 et seq.] or regulations
prescribed under that Act.
(2) The Administrator shall have authority
to administer regulations 12, 13, 14, 15, 16, 17,
18, and 19 of Annex VI to the Convention.
(3) The Administrator shall, only as specified in section 1907(f) of this title, have authority to enforce Annex VI of the Convention.
(c) Regulations; refuse record books; waste management plans; notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired regulations to carry out the
provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) In addition to the authority the Secretary
has to prescribe regulations under this chapter,

§ 1904

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

the Administrator shall also prescribe any necessary or desired regulations to carry out the
provisions of regulations 12, 13, 14, 15, 16, 17, 18,
and 19 of Annex VI to the Convention.
(3) In prescribing any regulations under this
section, the Secretary and the Administrator
shall consult with each other, and with respect
to regulation 19, with the Secretary of the Interior.
(4) The Secretary of the department in which
the Coast Guard is operating shall—
(A) prescribe regulations which—
(i) require certain ships described in section 1902(a)(1) of this title to maintain refuse
record books and shipboard management
plans, and to display placards which notify
the crew and passengers of the requirements
of Annex V to the Convention and of Annex
IV to the Antarctic Protocol; and
(ii) specify the ships described in section
1902(a)(1) of this title to which the regulations apply;
(B) seek an international agreement or
international agreements which apply requirements equivalent to those described in subparagraph (A)(i) to all vessels subject to
Annex V to the Convention; and
(C) within 2 years after the effective date of
this paragraph, report to the Congress—
(i) regarding activities of the Secretary
under subparagraph (B); and
(ii) if the Secretary has not obtained
agreements pursuant to subparagraph (B) regarding the desirability of applying the requirements described in subparagraph (A)(i)
to all vessels described in section 1902(a) of
this title which call at United States ports.
(5) No standard issued by any person or Federal authority, with respect to emissions from
tank vessels subject to regulation 15 of Annex VI
to the Convention, shall be effective until 6
months after the required notification to the
International Maritime Organization by the
Secretary.
(d) Utilization of personnel, facilities, or equipment of other Federal departments and agencies
The Secretary may utilize by agreement, with
or without reimbursement, personnel, facilities,
or equipment of other Federal departments and
agencies in administering the MARPOL Protocol, this chapter, or the regulations thereunder.
(Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 100–220, title II, § 2107, Dec. 29, 1987, 101
Stat. 1464; Pub. L. 104–227, title II, § 201(c), Oct. 2,
1996, 110 Stat. 3042; Pub. L. 110–280, § 5, July 21,
2008, 122 Stat. 2613.)
Editorial Notes
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (b)(1), is act
July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 7401 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
The effective date of this paragraph, referred to in
subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of

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section 2107(b) of Pub. L. 100–220. See Effective Date of
1987 Amendment note below.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as
(c), added pars. (2), (3), and (5), and redesignated former
par. (2) as (4). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec.
(c) as (d).
1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’ in first sentence.
Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’.
Subsec. (b)(2)(A). Pub. L. 104–227, § 201(c)(3), (4), struck
out ‘‘within 1 year after the effective date of this paragraph,’’ before ‘‘prescribe’’ in introductory provisions
and inserted ‘‘and of Annex IV to the Antarctic Protocol’’ after ‘‘the Convention’’ in cl. (i).
1987—Subsec. (a). Pub. L. 100–220, § 2107(a), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘Unless otherwise specified herein, the
Secretary shall administer and enforce the MARPOL
Protocol and this chapter. In the administration and
enforcement of the MARPOL Protocol and this chapter,
Annexes I and II of the MARPOL Protocol shall be applicable only to seagoing ships.’’
Subsec. (b). Pub. L. 100–220, § 2107(b), designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE 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.
EFFECTIVE DATE
Subsec. (b) of this section effective Oct. 21, 1980, see
section 14(b) of Pub. L. 96–478, set out as a note under
section 1901 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1904. Certificates
(a) Issuance by authorized designees; restriction
on issuance
Except as provided in section 1903(b)(1) of this
title, the Secretary shall designate those persons authorized to issue on behalf of the United
States the certificates required by the MARPOL
Protocol. A certificate required by the MARPOL
Protocol shall not be issued to a ship which is
registered in or of the nationality of a country
which is not a party to the MARPOL Protocol.
(b) Validity of foreign certificates
A certificate issued by a country which is a
party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or
the Administrator under the authority of this
chapter.