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

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

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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 ‘‘[(c) Repealed.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 aboard ships owned or oper- ated by the Navy. ‘‘(2) Not later than July 1, 1996, the Secretary shall install the first production unit of the plastics proc- essor 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 op- erated by the Navy that require plastics processors to comply with section 3 of the Act to Prevent Pollution 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 op- erated 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 op- erated 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 re- quire processors to comply with section 3 of such Act, as amended by subsections (a), (b), and (c) of this sec- tion.’’ § 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 ap- plicable 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 administra- tion and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the Con- vention 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 accord- ance 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 speci- fied in section 1907(f) of this title, have author- ity to enforce Annex VI of the Convention. (c) Regulations; refuse record books; waste man- agement plans; notification of crew and pas- sengers (1) The Secretary shall prescribe any nec- essary 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 nec- essary 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 Inte- rior. (4) The Secretary of the department in which the Coast Guard is operating shall— (A) prescribe regulations which— (i) require certain ships described in sec- tion 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 regula- tions apply; (B) seek an international agreement or international agreements which apply require- Page 669 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1904 ments equivalent to those described in sub- paragraph (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) re- garding the desirability of applying the re- quirements 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 Fed- eral 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 equip- ment of other Federal departments and agen- cies The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the MARPOL Pro- tocol, this chapter, or the regulations there- under. (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 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 para- graph,’’ before ‘‘prescribe’’ in introductory provisions and inserted ‘‘and of Annex IV to the Antarctic Pro- tocol’’ 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 ap- plicable only to seagoing ships.’’ Subsec. (b). Pub. L. 100–220, § 2107(b), designated exist- ing 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 Con- 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 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization 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 per- sons 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 va- lidity as a certificate issued by the Secretary or the Administrator under the authority of this chapter. (c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States A ship required by the MARPOL Protocol to have a certificate— (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and (2) is subject to inspection while in a port or terminal under the jurisdiction of the United States. (d) Onboard inspections; other Federal inspec- tion authority unaffected An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, un- less clear grounds exist which reasonably indi- cate that the condition of the ship or its equip- ment does not substantially agree with the par- ticulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment.

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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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33 U.S.C. § 1901 — Definitions

Page 659 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1901 Sec. 1910. Legal actions. 1911. Effect on other laws. 1912. International law. 1913. Compliance reports. 1914. Transferred. 1915. Repealed. § 1901. Definitions (a) Unless the context indicates otherwise, as used in this chapter— (1) ‘‘Administrator’’ means the Adminis- trator of the Environmental Protection Agen- cy; (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 Conven- tion 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 Con- vention, Protocols, or Annexes which have en- tered into force for the United States; (6) ‘‘discharge’’, ‘‘emission’’, ‘‘garbage’’, ‘‘harmful substance’’, and ‘‘incident’’ shall have the meanings provided in the Conven- tion; (7) ‘‘navigable waters’’ includes the terri- torial 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 partici- pating in the management or operation of a ship or terminal, holds indicia of

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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. § 1902 — Ships subject to preventive measures

Page 664 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902 authority of any department, instrumentality, or agen- cy of the United States. ‘‘(b) Nothing in this title shall in any way affect or restrict, or be construed to affect or restrict, the au- thority of the State of Alaska or any political subdivi- sion thereof— ‘‘(1) to impose additional liability or additional re- quirements; or ‘‘(2) to impose, or determine the amount of a fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge of sewage (whether treated or untreated) or graywater in the waters of the Alexander Archipelago and the navi- gable waters of the United States within the State of Alaska or within the Kachemak Bay National Estua- rine Research Reserve. ‘‘SEC. 1412. REGULATIONS. ‘‘The Secretary and the Administrator each may pre- scribe any regulations necessary to carry out the provi- sions of this title. ‘‘SEC. 1413. INFORMATION GATHERING AUTHORITY. ‘‘The authority of sections 308(a) and (b) of the Fed- eral Water Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall be available to the Administrator to carry out the provisions of this title. The Adminis- trator and the Secretary shall minimize, to the extent practicable, duplication of or inconsistency with the inspection, sampling, testing, recordkeeping, and re- porting requirements established by the Secretary under section 1406 of this title. ‘‘SEC. 1414. DEFINITIONS. ‘‘In this title: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the United States Envi- ronmental Protection Agency. ‘‘(2) CRUISE VESSEL.—The term ‘cruise vessel’ means a passenger vessel as defined in section 2101(22) [now 2101(31)] of title 46, United States Code. The term ‘c

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

33 U.S.C. § 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](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; ref

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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

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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