Loading (50 kb)...'

(continued)
degrees -->5200W [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
Section 2003 of title II of Pub. L. 100-220 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 construed 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 preempting any State from imposing
any additional requirements."

-End-



-CITE-
33 USC Sec. 1902 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1902. Ships subject to preventive measures

-STATUTE-
(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; and
(4) with respect to regulations prescribed under section 1905
of this title, any port or terminal in the United States.
(b) Excluded vessels
(1) Except as provided in paragraph (2), this chapter shall not
apply to -
(A) a warship, naval auxiliary, or other ship owned or operated
by the United States when engaged in noncommercial service; or
(B) any other ship specifically excluded by the MARPOL Protocol
or the Antarctic Protocol.

(2)(A) Notwithstanding any provision of the MARPOL Protocol, and
subject to subparagraph (B) of this paragraph, the requirements of
Annex V to the Convention shall apply as follows:
(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned or
operated by the Department of the Navy.
(ii) Except as provided in subsection (c) of this section,
after December 31, 1998, to all ships referred to in paragraph
(1)(A) of this subsection other than submersibles owned or
operated by the Department of the Navy.
(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.

(B) This paragraph shall not apply during time of war or a
declared national emergency.
(c) 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 Department 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 a screen with openings no larger
than 12 millimeters 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 weighted 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 publish in the Federal Register standards
to ensure that each ship described in subparagraph (B) is, to the
maximum extent practicable without impairing the operations or
operational capabilities 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
decommission during the period beginning on January 1, 2001, and
ending on December 31, 2005.
(C) At the same time that the Secretary publishes standards under
subparagraph (A), the Secretary shall publish in the Federal
Register a list of the ships covered by subparagraph (B).
(d) Regulations
The Secretary shall prescribe regulations applicable to the ships
of a country not a party to the MARPOL Protocol, including
regulations conforming to and giving effect to the requirements of
Annex V 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.
(e) 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 management 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 Annex V to the
Convention on or before the dates referred to in subsections
(b)(2)(A) and (c)(1) of this section.
(2) Notwithstanding any effective date of the application of this
section to a ship, the provisions of Annex V to the Convention 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 discharge buoyant garbage
or plastic.
(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship
enters port.
(C) With regard to a surface ship, to discharge plastic, except
plastic that is contaminated 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 authorized under this chapter,
during the preceding year from ships referred to in subsection
(b)(1)(A) of this section owned or operated 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.
(f) Waiver authority
The President may waive the effective dates of the requirements
set forth in subsection (c) of this section and in subsection
1003(e) of the National 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 submit to the
Congress each January a report on all waivers from the requirements
of this section granted during the preceding calendar year,
together with the reasons for granting such waivers.
(g) Noncommercial shipping standards
The heads of Federal departments and agencies shall prescribe
standards applicable to ships excluded from this chapter by
subsection (b)(1) of this section and for which they are
responsible. Standards prescribed under this subsection shall
ensure, so far as is reasonable and practicable without impairing
the operations or operational capabilities of such ships, that such
ships act in a manner consistent with the MARPOL Protocol.

-SOURCE-
(Pub. L. 96-478, Sec. 3, Oct. 21, 1980, 94 Stat. 2297; Pub. L.
100-220, title II, Sec. 2102, Dec. 29, 1987, 101 Stat. 1461; Pub.
L. 103-160, div. A, title X, Sec. 1003(a)-(d), Nov. 30, 1993, 107
Stat. 1745-1747; Pub. L. 104-201, div. A, title III, Sec. 324(a),
(d), Sept. 23, 1996, 110 Stat. 2480, 2481; Pub. L. 104-227, title
II, Sec. 201(b), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 105-261,
div. A, title III, Sec. 326, Oct. 17, 1998, 112 Stat. 1965.)

-REFTEXT-
REFERENCES IN TEXT
Section 1003(e) of the National Defense Authorization Act for
Fiscal Year 1994, referred to in subsecs. (e)(4)(B) and (f), is
section 1003(e) of Pub. L. 103-160, which is set out below.


-MISC1-
AMENDMENTS
1998 - Subsec. (c)(2)(A)(iii). Pub. L. 105-261, Sec. 326(a)(1),
added cl. (iii).
Subsec. (c)(2)(B)(ii). Pub. L. 105-261, Sec. 326(a)(2),
substituted "clauses (ii) and (iii) of subparagraph (A)" for
"subparagraph (A)(ii)".
Subsec. (e)(3)(A). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 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, Sec. 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 Department of
the Navy."
1993 - Subsec. (b)(2)(A). Pub. L. 103-160, Sec. 1003(a),
substituted "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, Sec. 1003(b), added subsec.
(c) and redesignated former subsec. (c) as (d). Former subsec. (d)
redesignated (g).
Subsecs. (e), (f). Pub. L. 103-160, Sec. 1003(c), (d), added
subsecs. (e) and (f).
Subsec. (g). Pub. L. 103-160, Sec. 1003(b)(1), redesignated
subsec. (d) as (g).
1987 - Subsec. (a). Pub. L. 100-220, Sec. 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 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, Sec. 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, Sec. 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."

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.

INSTALLATION SCHEDULE FOR PLASTICS PROCESSOR EQUIPMENT ABOARD
SHIPS; REQUEST FOR PROPOSALS FOR EQUIPMENT
Section 1003(e) of Pub. L. 103-160 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 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."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1903, 1907, 1913 of this
title.

-End-



-CITE-
33 USC Sec. 1902a 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1902a. Discharge of agricultural cargo residue

-STATUTE-
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
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
that implement Annex V to the International Convention for the
Prevention of Pollution from Ships.

-SOURCE-
(Pub. L. 107-295, title II, Sec. 204, Nov. 25, 2002, 116 Stat.
2094.)

-REFTEXT-
REFERENCES IN TEXT
The Act to Prevent Pollution from Ships, referred to in text, is
Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as amended, which is
classified principally to this chapter (Sec. 1901 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out under section 1901 of this title and Tables.

-COD-
CODIFICATION
Section was enacted as part of the Maritime Policy Improvement
Act of 2002 and as part of the Maritime Transportation Security Act
of 2002, and not as part of the Act to Prevent Pollution from Ships
which comprises this chapter.

-End-



-CITE-
33 USC Sec. 1903 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1903. Administration and enforcement

-STATUTE-
(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) 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) 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.
(c) 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.

-SOURCE-
(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L.
100-220, title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub.
L. 104-227, title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this paragraph, referred to in subsec.
(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b)
of Pub. L. 100-220 which added par. (2) to subsec. (b). See
Effective Date of 1987 Amendment note below.


-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ",
Annex IV to the Antarctic Protocol," after "the MARPOL Protocol" in
first sentence.
Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ",
Annex IV to the Antarctic Protocol," after "the MARPOL Protocol".
Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 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, Sec. 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, Sec. 2107(b), designated existing
provisions as par. (1) and added par. (2).

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.


-TRANS-
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.

-End-



-CITE-
33 USC Sec. 1904 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1904. Certificates

-STATUTE-
(a) Issuance by authorized designees; restriction on issuance
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 under the authority of the MARPOL Protocol.
(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 inspection authority
unaffected
An inspection conducted under subsection (c)(2) of this section
is limited to verifying whether or not a valid certificate is
onboard, unless clear grounds exist which reasonably indicate that
the condition of the ship or its equipment does not substantially
agree with the particulars 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.
(e) Detention orders; duration of detention; shipyard option
In addition to the penalties prescribed in section 1908 of this
title, a ship required by the MARPOL Protocol to have a certificate
-
(1) which does not have a valid certificate onboard; or
(2) whose condition or whose equipment's condition does not
substantially agree with the particulars of the certificate
onboard;

shall be detained by order of the Secretary at the port or terminal
where the violation is discovered until, in the opinion of the
Secretary, the ship can proceed to sea without presenting an
unreasonable threat of harm to the marine environment. The
detention order may authorize the ship to proceed to the nearest
appropriate available shipyard rather than remaining at the place
where the violation was discovered.
(f) Ship clearance or permits; refusal or revocation
If a ship is under a detention order under this section, the
Secretary of the Treasury, upon the request of the Secretary, may
refuse or revoke -
(1) the clearance required by section 91 of title 46, Appendix;
or
(2) a permit to proceed under section 313 (!1) of title 46,
Appendix, or section 1443 (!2) of title 19.


(g) Review of detention orders; petition; determination by
Secretary
A person whose ship is subject to a detention order under this
section may petition the Secretary, in the manner prescribed by
regulation, to review the detention order. Upon receipt of a
petition under this subsection, the Secretary shall affirm, modify,
or withdraw the detention order within the time prescribed by
regulation.
(h) Compensation for loss or damage
A ship unreasonably detained or delayed by the Secretary acting
under the authority of this chapter is entitled to compensation for
any loss or damage suffered thereby.

-SOURCE-
(Pub. L. 96-478, Sec. 5, Oct. 21, 1980, 94 Stat. 2298.)

-REFTEXT-
REFERENCES IN TEXT
Section 313 of title 46, Appendix, referred to in subsec. (f)(2),
was repealed by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8,
1993, 107 Stat. 2223.

-COD-
CODIFICATION
Section 1443 of title 19, referred to in subsec. (f)(2), was in
the original section 442 of the Tariff Act of 1930, as amended (19
U.S.C. 1443). Although section 442 of the Tariff Act of 1930, June
17, 1930, ch. 497, title IV, 46 Stat. 713, is classified to section
1442 of Title 19, Customs Duties, the reference was translated as
meaning section 443 of the Tariff Act of 1930, which was classified
to section 1443 of title 19 prior to repeal by Pub. L. 103-182,
title VI, Sec. 690(b)(6), Dec. 8, 1993, 107 Stat. 2223.


-MISC1-
EFFECTIVE DATE
Subsec. (a) 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.

-FOOTNOTE-
(!1) See References in Text note below.

(!2) See Codification note below.


-End-



-CITE-
33 USC Sec. 1905 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1905. Pollution reception facilities

-STATUTE-
(a) Adequacy; criteria
(1) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall establish regulations
setting criteria for determining the adequacy of a port's or
terminal's reception facilities for mixtures containing oil or
noxious liquid substances and shall establish procedures whereby a
person in charge of a port or terminal may request the Secretary to
certify that the port's or terminal's facilities for receiving the
residues and mixtures containing oil or noxious liquid substance
from seagoing ships are adequate.
(2) The Secretary, after consulting with appropriate Federal
agencies, shall establish regulations setting criteria for
determining the adequacy of reception facilities for garbage at a
port or terminal, and stating such additional measures and
requirements as are appropriate to ensure such adequacy. Persons in
charge of ports and terminals shall provide reception facilities,
or ensure that such facilities are available, for receiving garbage
in accordance with those regulations.
(b) Traffic considerations
In determining the adequacy of reception facilities required by
the MARPOL Protocol or the Antarctic Protocol at a port or
terminal, and in establishing regulations under subsection (a) of
this section, the Secretary may consider, among other things, the
number and types of ships or seagoing ships using the port or
terminal, including their principal trades.
(c) Certificate; issuance; validity; inspection; review of
suspension or revocation by Secretary
(1) If reception facilities of a port or terminal meet the
requirements of Annex I and Annex II to the Convention and the
regulations prescribed under subsection (a)(1) of this section, the
Secretary shall, after consultation with the Administrator of the
Environmental Protection Agency, issue a certificate to that effect
to the applicant.
(2)(A) Subject to subparagraph (B), if reception facilities of a
port or terminal meet the requirements of Annex V to the Convention
and the regulations prescribed under subsection (a)(2) of this
section, the Secretary may, after consultation with appropriate
Federal agencies, issue a certificate to that effect to the person
in charge of the port or terminal.
(B) The Secretary may not issue a certificate attesting to the
adequacy of reception facilities under this paragraph unless, prior
to the issuance of the certificate, the Secretary conducts an
inspection of the reception facilities of the port or terminal that
is the subject of the certificate.
(C) The Secretary may, with respect to certificates issued under
this paragraph prior to October 19, 1996, prescribe by regulation
differing periods of validity for such certificates.
(3) A certificate issued under this subsection -
(A) is valid for the 5-year period beginning on the date of
issuance of the certificate, except that if -
(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate -
(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or

(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and

(B) shall be available for inspection upon the request of the
master, other person in charge, or agent of a ship using or
intending to use the port or terminal.

(4) The suspension or revocation of a certificate issued under
this subsection may be appealed to the Secretary and acted on by
the Secretary in the manner prescribed by regulation.
(d) Publication of list of certificated ports or terminals
(1) The Secretary shall maintain a list of ports or terminals
with respect to which a certificate issued under this section -
(A) is in effect; or
(B) has been revoked or suspended.

(2) The Secretary shall make the list referred to in paragraph
(1) available to the general public.
(e) Entry; denial
(1) Except in the case of force majeure, the Secretary shall deny
entry to a seagoing ship required by the Convention or the
Antarctic Protocol to retain onboard while at sea, residues and
mixtures containing oil or noxious liquid substances, if -
(A) the port or terminal is one required by Annexes I and II of
the Convention or Article 9 of Annex IV to the Antarctic Protocol
or regulations hereunder to have adequate reception facilities;
and
(B) the port or terminal does not hold a valid certificate
issued by the Secretary under this section.

(2) The Secretary may deny the entry of a ship to a port or
terminal required by regulations issued under this section to
provide adequate reception facilities for garbage if the port or
terminal is not in compliance with those regulations.
(f) Surveys
(1) The Secretary is authorized to conduct surveys of existing
reception facilities in the United States to determine measures
needed to comply with the MARPOL Protocol or the Antarctic
Protocol.
(2)(A) (!1) Not later than 18 months after October 19, 1996, the
Secretary shall promulgate regulations that require the operator of
each port or terminal that is subject to any requirement of the
MARPOL Protocol relating to reception facilities to post a placard
in a location that can easily be seen by port and terminal users.
The placard shall state, at a minimum, that a user of a reception
facility of the port or terminal should report to the Secretary any
inadequacy of the reception facility.


-SOURCE-
(Pub. L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L.
100-220, title II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub.
L. 101-225, title II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910;
Pub. L. 104-227, title II, Sec. 201(d), Oct. 2, 1996, 110 Stat.
3042; Pub. L. 104-324, title VIII, Sec. 801, Oct. 19, 1996, 110
Stat. 3943.)


-MISC1-
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted "or
the Antarctic Protocol" after "the MARPOL Protocol".
Subsec. (c)(2). Pub. L. 104-324, Sec. 801(a)(1), (2), designated
existing provisions as subpar. (A), substituted "Subject to
subparagraph (B), if" for "If", and added subpars. (B) and (C).
Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 801(a)(3), added subpar.
(A) and struck out former subpar. (A) which read as follows: "is
valid until suspended or revoked by the Secretary for cause or
because of changed conditions; and".
Subsec. (d). Pub. L. 104-324, Sec. 801(a)(4), added subsec. (d)
and struck out former subsec. (d) which read as follows: "The
Secretary shall periodically cause to be published in the Federal
Register a list of the ports or terminals holding a valid
certificate issued under this section."
Subsec. (e)(1). Pub. L. 104-227, Sec. 201(d)(2), (3), inserted
"or the Antarctic Protocol" after "the Convention" in introductory
provisions and inserted "or Article 9 of Annex IV to the Antarctic
Protocol" after "the Convention" in subpar. (A).
Subsec. (f). Pub. L. 104-324, Sec. 801(b), designated existing
provisions as par. (1) and added par. (2)(A).
Pub. L. 104-227, Sec. 201(d)(4), inserted "or the Antarctic
Protocol" after "the MARPOL Protocol".
1989 - Subsec. (c)(1). Pub. L. 101-225 substituted "Annex I and
Annex II" for "Annex V".
1987 - Subsec. (a). Pub. L. 100-220, Sec. 2103(a), designated
existing provisions as par. (1), substituted "a port's or
terminal's reception facilities for mixtures containing oil or
noxious liquid substances" for "reception facilities of a port or
terminal", and added par. (2).
Subsec. (b). Pub. L. 100-220, Sec. 2103(b), inserted "and in
establishing regulations under subsection (a) of this section," and
"ships or".
Subsec. (c). Pub. L. 100-220, Sec. 2103(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "If,
upon inspection, reception facilities of a port or terminal are
adequate to meet the requirements of the MARPOL Protocol and the
regulations established hereunder, the Secretary shall, after
consultation with the Administrator of the Environmental Protection
Agency, issue a certificate to that effect to the applicant. A
certificate issued under this subsection -
"(1) is valid until suspended or revoked by the Secretary for
cause or because of changed conditions; and
"(2) shall be available for inspection upon the request of the
master, other person in charge, or agent of a seagoing ship using
or intending to use the port or terminal.
The suspension or revocation of a certificate issued under this
subsection may be appealed to the Secretary and acted on by him in
the manner prescribed by regulation."
Subsec. (e). Pub. L. 100-220, Sec. 2103(d), designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, in subpar. (A), substituted
"Annexes I and II of the Convention" for "the MARPOL Protocol", and
added par. (2).

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. (a), (c), and (f) 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1902 of this title.

-FOOTNOTE-
(!1) So in original. No subpar. (B) has been enacted.


-End-



-CITE-
33 USC Sec. 1906 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1906. Incidents involving ships

-STATUTE-
(a) Requirement to report incident
The master, person in charge, owner, charterer, manager, or
operator of a ship involved in an incident shall report the
incident in the manner prescribed by Article 8 of the Convention in
accordance with regulations promulgated by the Secretary for that
purpose.
(b) Requirement to report discharge, probable discharge, or
presence of oil
The master or person in charge of -
(1) a ship of United States registry or nationality, or
operated under the authority of the United States, wherever
located;
(2) another ship while in the navigable waters of the United
States; or
(3) a sea port or oil handling facility subject to the
jurisdiction of the United States,

shall report a discharge, probable discharge, or presence of oil in
the manner prescribed by Article 4 of the International Convention
on Oil Pollution Preparedness, Response and Cooperation, 1990
(adopted at London, November 30, 1990), in accordance with
regulations promulgated by the Secretary for that purpose.

-SOURCE-
(Pub. L. 96-478, Sec. 7, Oct. 21, 1980, 94 Stat. 2300; Pub. L.
102-241, Sec. 39, Dec. 19, 1991, 105 Stat. 2225.)


-MISC1-
AMENDMENTS
1991 - Pub. L. 102-241 amended section generally. Prior to
amendment, section read as follows:
"(a) As soon as he has knowledge of an incident, the master or
other person in charge of a ship shall report it to the Secretary
in the manner prescribed by Article 8 of the Convention.
"(b) Upon receipt of the report of an incident involving a ship,
other than one of United States registry or nationality or one
operated under the authority of the United States, the Secretary
shall take the action required by Article 8 of the Convention."

-End-



-CITE-
33 USC Sec. 1907 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
Sec. 1907. Violations

-STATUTE-
(a) General prohibition; cooperation and enforcement; detection and
monitoring measures; reports; evidence
It is unlawful to act in violation of the MARPOL Protocol, Annex
IV to the Antarctic Protocol, this chapter, or the regulations
issued thereunder. The Secretary shall cooperate with other parties
to the MARPOL Protocol or to the Antarctic Protocol in the
detection of violations and in enforcement of the MARPOL Protocol
and Annex IV to the Antarctic Protocol. The Secretary shall use all
appropriate and practical measures of detection and environmental
monitoring, and shall establish adequate procedures for reporting
violations and accumulating evidence.
(b) Investigations; subpenas: issuance by Secretary, enforcement;
action by Secretary; information to party
Upon receipt of evidence that a violation has occurred, the
Secretary shall cause the matter to be investigated. In any
investigation under this section the Secretary may issue subpenas
to require the attendance of any witness and the production of
documents and other evidence. In case of refusal to obey a subpena
issued to any person, the Secretary may request the Attorney
General to invoke the aid of the appropriate district court of the
United States to compel compliance. Upon completion of the
investigation, the Secretary shall take the action required by the
MARPOL Protocol or the Antarctic Protocol and whatever further
action he considers appropriate under the circumstances. If the
initial evidence was provided by a party to the MARPOL Protocol or
the Antarctic Protocol, the Secretary, acting through the Secretary
of State, shall inform that party of the action taken or proposed.
(c) Ship inspections; reports to Secretary; additional action
(1) This subsection applies to inspections relating to possible
violations of Annex I or Annex II to the Convention, of Article 3
or Article 4 of Annex IV to the Antarctic Protocol, or of this
chapter by any seagoing ship referred to in section 1902(a)(2) of
this title.
(2) While at a port or terminal subject to the jurisdiction of
the United States, a ship to which the MARPOL Protocol or the
Antarctic Protocol applies may be inspected by the Secretary -
(A) to verify whether or not the ship has discharged a harmful
substance in violation of the MARPOL Protocol, Annex IV to the
Antarctic Protocol, or this chapter; or
(B) to comply with a request from a party to the MARPOL
Protocol or the Antarctic Protocol for an investigation as to
whether the ship may have discharged a harmful substance anywhere
in violation of the MARPOL Protocol or Annex IV to the Antarctic
Protocol. An investigation may be undertaken under this clause
only when the requesting party has furnished sufficient evidence
to allow the Secretary reasonably to believe that a discharge has
occurred.

If an inspection under this subsection indicates that a violation
has occurred, the investigating officer shall forward a report to
the Secretary for appropriate action. The Secretary shall undertake
to notify the master of the ship concerned and, acting in
coordination with the Secretary of State, shall take any additional
action required by Article 6 of the Convention.
(d) Garbage disposal inspections; covered ships; enforcement
actions
(1) The Secretary may inspect a ship referred to in section
1902(a)(3) of this title to verify whether the ship has disposed of
garbage in violation of Annex V to the Convention, Article 5 of
Annex IV to the Antarctic Protocol, or this chapter.
(2) If an inspection under this subsection indicates that a
violation has occurred, the Secretary may undertake enforcement
action under section 1908 of this title.
(e) Harmful substance or garbage disposal inspections; covered
ships; enforcement actions
(1) The Secretary may inspect at any time a ship of United States
registry or nationality or operating under the authority of the
United States to which the MARPOL Protocol or the Antarctic
Protocol applies to verify whether the ship has discharged a
harmful substance or disposed of garbage in violation of those
Protocols or this chapter.
(2) If an inspection under this subsection indicates that a
violation of the MARPOL Protocol, of Annex IV to the Antarctic
Protocol, or of this chapter has occurred the Secretary may
undertake enforcement action under section 1908 of this title.
(f) Supplemental remedies and requirements; other provisions and
available remedies unaffected
Remedies and requirements of this chapter supplement and neither
amend nor repeal any other provisions of law, except as expressly
provided in this chapter. Nothing in this chapter shall limit,
deny, amend, modify, or repeal any other remedy available to the
United States or any other person, except as expressly provided in
this chapter.

-SOURCE-
(Pub. L. 96-478, Sec. 8, Oct. 21, 1980, 94 Stat. 2300; Pub. L.
100-220, title II, Sec. 2104, Dec. 29, 1987, 101 Stat. 1462; Pub.
L. 101-225, title II, Sec. 201(2), (3), Dec. 12, 1989, 103 Stat.
1910; Pub. L. 104-227, title II, Sec. 201(e), Oct. 2, 1996, 110
Stat. 3043.)


-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(e)(1), (2),
inserted "Annex IV to the Antarctic Protocol," after "violation of
the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the
MARPOL Protocol", and "and Annex IV to the Antarctic Protocol"
after "enforcement of the MARPOL Protocol".
Subsec. (b). Pub. L. 104-227, Sec. 201(e)(3), inserted "or the
Antarctic Protocol" after "MARPOL Protocol" in two places.
Subsec. (c)(1). Pub. L. 104-227, Sec. 201(e)(4), inserted ", of
Article 3 or Article 4 of Annex IV to the Antarctic Protocol,"
after "to the Convention".
Subsec. (c)(2). Pub. L. 104-227, Sec. 201(e)(5), (6), inserted
"or the Antarctic Protocol" after "which the MARPOL Protocol" in
introductory provisions, ", Annex IV to the Antarctic Protocol,"
after "MARPOL Protocol" in subpar. (A), and "or the Antarctic
Protocol" after "to the MARPOL Protocol" and "or Annex IV to the
Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).
Subsec. (d)(1). Pub. L. 104-227, Sec. 201(e)(8), inserted ",
Article 5 of Annex IV to the Antarctic Protocol," after
"Convention".
Subsec. (e)(1). Pub. L. 104-227, Sec. 201(e)(9), inserted "or the
Antarctic Protocol" after "MARPOL Protocol" and substituted "those
Protocols" for "that Protocol".
Subsec. (e)(2). Pub. L. 104-227, Sec. 201(e)(10), inserted ", of
Annex IV to the Antarctic Protocol," after "MARPOL Protocol".
1989 - Subsecs. (c)(1), (e)(2). Pub. L. 101-225 inserted "or of (continued)