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 ‘cruise vessel’ does not include a vessel of the United States operated by the Federal Government or a ves- sel owned and operated by the government of a State. ‘‘(3) DISCHARGE.—The term ‘discharge’ means any release however caused from a cruise vessel, and in- cludes any escape, disposal, spilling, leaking, pump- ing, emitting, or emptying. ‘‘(4) GRAYWATER.—The term ‘graywater’ means only galley, dishwasher, bath, and laundry waste water. The term does not include other wastes or waste streams. ‘‘(5) NAVIGABLE WATERS.—The term ‘navigable wa- ters’ has the same meaning as in section 502 of the Federal Water Pollution Control Act [33 U.S.C. 1362], as amended. ‘‘(6) PERSON.—The term ‘person’ means an indi- vidual, corporation, partnership, limited liability company, association, State, municipality, commis- sion, or political subdivision of a State, or any feder- ally recognized tribe. ‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the United States Coast Guard is operating. ‘‘(8) SEWAGE.—The term ‘sewage’ means human body wastes and the wastes from toilets and other re- ceptacles intended to receive or retain body waste. ‘‘(9) TREATED SEWAGE.—The term ‘treated sewage’ means sewage meeting all applicable effluent limita- tion standards and processing requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], as amended[,] and of this title, and regulations promulgated under either. ‘‘(10) UNTREATED SEWAGE.—The term ‘untreated sewage’ means sewage that is not treated sewage. ‘‘(11) WATERS OF THE ALEXANDER ARCHIPELAGO.— The term ‘waters of the Alexander Archipelago’ means all waters under the sovereignty of the United States within or near Southeast Alaska, beginning at a point 58≥11′41′′N, 136≥39′25′′W [near Cape Spencer Light], thence southeasterly along a line three nau- tical miles seaward of the baseline from which the breadth of the territorial sea is measured in the Pa- cific Ocean and the Dixon Entrance, except where this line intersects geodesics connecting the fol- lowing five pairs of points: ‘‘(1) 58≥05′17′′N, 136≥33′49′′W and 58≥11′41′′N, 136≥39′25′′W [Cross Sound]. ‘‘(2) 56≥09′40′′N, 134≥40′00′′W and 55≥49′15′′N, 134≥17′40′′W [Chatham Strait]. ‘‘(3) 55≥49′15′′N, 134≥17′40′′W and 55≥50′30′′N, 133≥54′15′′W [Sumner Strait]. ‘‘(4) 54≥41′30′′N, 132≥01′00′′W and 54≥51′30′′N, 131≥20′45′′W [Clarence Strait]. ‘‘(5) 54≥51′30′′N, 131≥20′45′′W and 54≥46′15′′N, 130≥52′00′′W [Revillagigedo Channel]. ‘‘The portion of each such geodesic situated beyond three nautical miles from the baseline from which the breadth of the territorial sea is measured forms the outer limit of the waters of the Alexander Archipelago in those five locations.’’ PREEMPTION; ADDITIONAL STATE REQUIREMENTS Pub. L. 100–220, title II, § 2003, Dec. 29, 1987, 101 Stat. 1460, provided that: ‘‘(a) PREEMPTION.—Except as specifically provided in this title [see Effective Date of 1987 Amendment note above], nothing in this title shall be interpreted or con- strued to supersede or preempt any other provision of Federal or State law, either statutory or common. ‘‘(b) ADDITIONAL STATE REQUIREMENTS.—Nothing in this title shall be construed or interpreted as pre- empting any State from imposing any additional re- quirements.’’ § 1902. Ships subject to preventive measures (a) Included vessels This chapter shall apply— (1) to a ship of United States registry or na- tionality, 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 re- ferred to in paragraph (1), while in the navi- gable 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 eco- nomic zone of the United States; (4) with respect to regulations prescribed under section 1905 of this title, any port or ter- minal in the United States; and (5) with respect to Annex VI to the Conven- tion, and other than with respect to a ship re- ferred 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; or (iii) any other area that the Adminis- trator, 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 protec- tion of public health, welfare, or the envi- ronment; Page 665 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902 (C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is in— (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated under section 1903 of this title; or (iii) any other area that the Adminis- trator, 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 protec- tion of public health, welfare, or the envi- ronment; and (D) to any other ship, to the extent that, and in the same manner as, such ship may be boarded by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V of the Convention, and is in— (i) the exclusive economic zone of the United States; (ii) the navigable waters of the United States; (iii) an emission control area designated under section 1903 of this title; or (iv) any other area that the Adminis- trator, 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 protec- tion of public health, welfare, or the envi- ronment. (b) Excluded vessels; discharge requirements (1) Except as provided in paragraph (3), this chapter shall not apply to— (A) a ship of the Armed Forces described in paragraph (2); or (B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Pro- tocol. (2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as deter- mined by the Secretary concerned— (A) has unique military design, construc- tion, manning, or operating requirements; and (B) cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically fea- sible or would impair the operations or oper- ational capability of the ship. (3)(A) Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships re- ferred to in subsection (a) other than those de- scribed in paragraph (2). (B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows: (i) The discharge into the sea of plastics, in- cluding synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the resi- dues thereof, is prohibited. (ii) Garbage consisting of the following ma- terial may be discharged into the sea, subject to subparagraph (C): (I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capa- ble of passing through a screen with open- ings no larger than 12 millimeters in diame- ter. (II) Metal and glass that have been shred- ded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy. (III) With regard to a submersible, non- plastic garbage that has been compacted and weighted to ensure negative buoyancy. (IV) Ash from incinerators or other ther- mal destruction systems not containing toxic chemicals, heavy metals, or incom- pletely burned plastics. (C)(i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nau- tical miles of land. (ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be dis- charged within 12 nautical miles of land. (D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been proc- essed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than— (i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and (ii) 25 nautical miles from the nearest land, in the case of all other garbage. (E) This paragraph shall not apply when dis- charge of any garbage is necessary for the pur- pose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea. In the event that there is such a discharge, the discharge shall be reported to the Secretary, with respect to the Coast Guard, or the Sec- retary concerned. (F) This paragraph shall not apply during time of war or a national emergency declared by the President or Congress. (c) Application to other persons This chapter shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention. (d) Discharges in special areas (1) Except as provided in paragraphs (2) and (3), not later than December 31, 2000, all surface ships owned or operated by the Department of the Navy, and not later than December 31, 2008, all submersibles owned or operated by the De- partment of the Navy, shall comply with the special area requirements of Regulation 5 of Annex V to the Convention. (2)(A) Subject to subparagraph (B), any ship described in subparagraph (C) may discharge, without regard to the special area requirements of Regulation 5 of Annex V to the Convention, the following non-plastic, non-floating garbage: (i) A slurry of seawater, paper, cardboard, or food waste that is capable of passing through Page 666 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902 1 See References in Text note below. a screen with openings no larger than 12 milli- meters in diameter. (ii) Metal and glass that have been shredded and bagged so as to ensure negative buoyancy. (iii) With regard to a submersible, nonplastic garbage that has been compacted and weight- ed to ensure negative buoyancy. (B)(i) Garbage described in subparagraph (A)(i) may not be discharged within 3 nautical miles of land. (ii) Garbage described in clauses (ii) and (iii) of subparagraph (A) may not be discharged within 12 nautical miles of land. (C) This paragraph applies to any ship that is owned or operated by the Department of the Navy that, as determined by the Secretary of the Navy— (i) has unique military design, construction, manning, or operating requirements; and (ii) cannot fully comply with the special area requirements of Regulation 5 of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. (3)(A) Not later than December 31, 2000, the Secretary of the Navy shall prescribe and pub- lish in the Federal Register standards to ensure that each ship described in subparagraph (B) is, to the maximum extent practicable without im- pairing the operations or operational capabili- ties of the ship, operated in a manner that is consistent with the special area requirements of Regulation 5 of Annex V to the Convention. (B) Subparagraph (A) applies to surface ships that are owned or operated by the Department of the Navy that the Secretary plans to decom- mission during the period beginning on January 1, 2001, and ending on December 31, 2005. (C) At the same time that the Secretary pub- lishes standards under subparagraph (A), the Secretary shall publish in the Federal Register a list of the ships covered by subparagraph (B). (e) Discharge of agricultural cargo residue Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this chapter that implement Annex V to the International Convention for the Pre- vention of Pollution from Ships. (f) Regulations The Secretary or the Administrator, con- sistent with section 1903 of this title, shall pre- scribe regulations applicable to the ships of a country not a party to the MARPOL Protocol (or the applicable Annex), including regulations conforming to and giving effect to the require- ments of Annex V and Annex VI as they apply under subsection (a) of this section, to ensure that their treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol. (g) Compliance by excluded vessels (1) The Secretary of the Navy shall develop and, as appropriate, support the development of technologies and practices for solid waste man- agement aboard ships owned or operated by the Department of the Navy, including technologies and practices for the reduction of the waste stream generated aboard such ships, that are necessary to ensure the compliance of such ships with subsection (b) of this section. (2) Notwithstanding any effective date of the application of this section to a ship, the provi- sions of Annex V to the Convention and sub- section (b)(3)(B)(i) of this section with respect to the disposal of plastic shall apply to ships equipped with plastic processors required for the long-term collection and storage of plastic aboard ships of the Navy upon the installation of such processors in such ships. (3) Except when necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea, it shall be a violation of this chapter for a ship referred to in subsection (b)(1)(A) of this section that is owned or operated by the Department of the Navy: (A) With regard to a submersible, to dis- charge buoyant garbage or plastic. (B) With regard to a surface ship, to dis- charge plastic contaminated by food during the last 3 days before the ship enters port. (C) With regard to a surface ship, to dis- charge plastic, except plastic that is contami- nated by food, during the last 20 days before the ship enters port. (4) The Secretary of Defense shall publish in the Federal Register: (A) Each year, the amount and nature of the discharges in special areas, not otherwise au- thorized under this chapter, during the pre- ceding year from ships referred to in sub- section (b)(1)(A) of this section owned or oper- ated by the Department of the Navy. (B) Beginning on October 1, 1996, and each year thereafter until October 1, 1998, a list of the names of such ships equipped with plastic processors pursuant to section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994. (h) Waiver authority The President may waive the effective dates of the requirements set forth in subsection (c) 1 of this section and in subsection 1003(e) of the Na- tional Defense Authorization Act for Fiscal Year 1994 if the President determines it to be in the paramount interest of the United States to do so. Any such waiver shall be for a period not in excess of one year. The President shall sub- mit to the Congress each January a report on all waivers from the requirements of this section granted during the preceding calendar year, to- gether with the reasons for granting such waiv- ers. (i) Noncommercial shipping standards The heads of Federal departments and agen- cies shall prescribe standards applicable to ships excluded from this chapter by subsection (b)(1) of this section and for which they are respon- sible. Standards prescribed under this sub- section shall ensure, so far as is reasonable and practicable without impairing the operations or operational capabilities of such ships, that such Page 667 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902 ships act in a manner consistent with the MARPOL Protocol. (j) Savings clause Nothing in this section shall be construed to restrict in a manner inconsistent with inter- national law navigational rights and freedoms as defined by United States law, treaty, conven- tion, or customary international law. (Pub. L. 96–478, § 3, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100–220, title II, § 2102, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 103–160, div. A, title X, § 1003(a)–(d), Nov. 30, 1993, 107 Stat. 1745–1747; Pub. L. 104–201, div. A, title III, § 324(a), (d), Sept. 23, 1996, 110 Stat. 2480, 2481; Pub. L. 104–227, title II, § 201(b), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 105–261, div. A, title III, § 326, Oct. 17, 1998, 112 Stat. 1965; Pub. L. 110–280, § 4, July 21, 2008, 122 Stat. 2611; Pub. L. 112–81, div. A, title III, § 313, Dec. 31, 2011, 125 Stat. 1355; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8502(a)(2), Jan. 1, 2021, 134 Stat. 4746.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1) and (e), was in the original ‘‘this Act’’, meaning Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, known as the ‘‘Act to Prevent Pollution from Ships’’ which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994, referred to in subsecs. (g)(4)(B) and (h), is section 1003(e) of Pub. L. 103–160, which is set out below. Subsection (c) of this section, referred to in subsec. (h), was redesignated subsection (d) by Pub. L. 110–280, § 4(3), July 21, 2008, 122 Stat. 2613. AMENDMENTS 2021—Subsecs. (e) to (j). Pub. L. 116–283 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively. 2011—Subsec. (b). Pub. L. 112–81, § 313(a), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) re- lated to excluded vessels. Subsec. (f)(1). Pub. L. 112–81, § 313(b)(1), substituted ‘‘subsection (b)’’ for ‘‘Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)’’. Subsec. (f)(2). Pub. L. 112–81, § 313(b)(2), inserted ‘‘and subsection (b)(3)(B)(i) of this section’’ after ‘‘Annex V to the Convention’’. 2008—Subsec. (a)(5). Pub. L. 110–280, § 4(1), added par. (5). Subsec. (b)(1). Pub. L. 110–280, § 4(2)(A), substituted ‘‘paragraphs (2) and (3),’’ for ‘‘paragraph (2),’’ in intro- ductory provisions. Subsec. (b)(3). Pub. L. 110–280, § 4(2)(B), added par. (3). Subsecs. (c), (d). Pub. L. 110–280, § 4(3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 110–280, § 4(4)(C), substituted ‘‘Pro- tocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI’’ for ‘‘Protocol, including regu- lations conforming to and giving effect to the require- ments of Annex V’’. Pub. L. 110–280, § 4(4)(B), made technical amendment to reference in original act which appears in text as reference to ‘‘of this section’’ requiring no change in text. Pub. L. 110–280, § 4(4)(A), inserted ‘‘or the Adminis- trator, consistent with section 1903 of this title,’’ after ‘‘Secretary’’. Pub. L. 110–280, § 4(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsecs. (f) to (h). Pub. L. 110–280, § 4(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively. Subsec. (i). Pub. L. 110–280, § 4(5), added subsec. (i). 1998—Subsec. (c)(2)(A)(iii). Pub. L. 105–261, § 326(a)(1), added cl. (iii). Subsec. (c)(2)(B)(ii). Pub. L. 105–261, § 326(a)(2), sub- stituted ‘‘clauses (ii) and (iii) of subparagraph (A)’’ for ‘‘subparagraph (A)(ii)’’. Subsec. (e)(3)(A). Pub. L. 105–261, § 326(b), struck out ‘‘garbage that contains more than the minimum amount practicable of’’ after ‘‘buoyant garbage or’’. 1996—Subsec. (b)(1)(B). Pub. L. 104–227 inserted ‘‘or the Antarctic Protocol’’ after ‘‘MARPOL Protocol’’. Subsec. (c)(1). Pub. L. 104–201, § 324(a)(1), substituted ‘‘Except as provided in paragraphs (2) and (3), not later than’’ for ‘‘Not later than’’. Subsec. (c)(2) to (4). Pub. L. 104–201, § 324(a)(2), added pars. (2) and (3) and struck out former pars. (2) to (4) which required the Secretary of the Navy to submit to Congress a plan for compliance of Navy ships with the requirements set forth in par. (1) of this subsec. and provided for modification of the applicability of par. (1) as appropriate. Subsec. (e)(4)(A). Pub. L. 104–201, § 324(d), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the De- partment of the Navy.’’ 1993—Subsec. (b)(2)(A). Pub. L. 103–160, § 1003(a), sub- stituted ‘‘as follows:’’ and cls. (i) to (iii) for ‘‘after 5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A).’’ Subsecs. (c), (d). Pub. L. 103–160, § 1003(b), added sub- sec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (g). Subsecs. (e), (f). Pub. L. 103–160, § 1003(c), (d), added subsecs. (e) and (f). Subsec. (g). Pub. L. 103–160, § 1003(b)(1), redesignated subsec. (d) as (g). 1987—Subsec. (a). Pub. L. 100–220, § 2102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘This chapter applies to— ‘‘(1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; ‘‘(2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one oper- ated 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 ap- plicable 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 Con- 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-