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33 U.S.C. § 1903 — Administration and enforcement

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1903 — Administration and enforcement

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Source location: Title 33, Chapter 33, § 1903; chapter-033-prevention-of-pollution-from-ships.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1907/f&num=0&edition=prelim), 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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/a&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1901 — Definitions

**(a)** Unless the context indicates otherwise, as used in this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency; (2) “Antarctica” means the area south of 60 degrees south latitude; (3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention; (7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 116 — Vessel of the United States

In this title, the term “vessel of the United States” means a vessel documented under chapter 121 of this title (or exempt from documentation under [section 12102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12102/c&num=0&edition=prelim)), numbered under chapter 123 of this title, or titled under the law of a State.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1902 — Ships subject to preventive measures

**(a) Included vessels** This chapter shall apply— (1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; (3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; (4) with respect to regulations prescribed under [section 1905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1905&num=0&edition=prelim), any port or terminal in the United States; and (5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)— (A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; (B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated pursuant to [section 1903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1903&num=0&edition=prelim); or (iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; (C) to a ship that is entitled to fly the flag of

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1903 — Administration and enforcement

Page 668 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902a vention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see sec- tion 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 Con- gress that it should be an objective of the Navy to achieve full compliance with Annex V to the Conven- tion 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 equip- ment (hereinafter in this subsection referred to as ‘plastics processor’) required for the long-term collec- tion and storage of plastic ab

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of

Page 7160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 Sec. PART C—CLEAN FUEL VEHICLES 7581. Definitions. 7582. Requirements applicable to clean-fuel vehi- cles. 7583. Standards for light-duty clean-fuel vehicles. 7584. Administration and enforcement as per Cali- fornia standards. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.). 7586. Centrally fueled fleets. 7587. Vehicle conversions. 7588. Federal agency fleets. 7589. California pilot test program. 7590. General provisions. SUBCHAPTER III—GENERAL PROVISIONS 7601. Administration. 7602. Definitions. 7603. Emergency powers. 7604. Citizen suits. 7605. Representation in litigation. 7606. Federal procurement. 7607. Administrative proceedings and judicial re- view. 7608. Mandatory licensing. 7609. Policy review. 7610. Other authority. 7611. Records and audit. 7612. Economic impact analyses. 7613. Repealed. 7614. Labor standards. 7615. Separability. 7616. Sewage treatment grants. 7617. Economic impact assessment. 7618. Repealed. 7619. Air quality monitoring. 7620. Standardized air quality modeling. 7621. Employment effects. 7622. Employee protection. 7623. Repealed. 7624. Cost of vapor recovery equipment. 7625. Vapor recovery for small business marketers of petroleum products. 7625–1. Exemptions for certain territories. 7625a. Statutory construction. 7626. Authorization of appropriations. 7627. Air pollution from Outer Continental Shelf activities. 7628. Demonstration grant program for local gov- ernments. SUBCHAPTER IV—NOISE POLLUTION 7641. Noise abatement. 7642. Authorization of appropriations. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL 7651. Findings and purposes. 7651a. Definitions. 7651b.

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