33 USC 1902 - Ships subject to preventive measures

1 See References in Text note below.

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.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (span)(1) and (e), was in the original “this Act”, meaning Puspan. 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 Puspan. L. 103–160, which is set out below.

Subsection (c) of this section, referred to in subsec. (h), was redesignated subsection (d) by Puspan. L. 110–280, § 4(3), July 21, 2008, 122 Stat. 2613.

Amendments

2021—Subsecs. (e) to (j). Puspan. L. 116–283 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

2011—Subsec. (span). Puspan. L. 112–81, § 313(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) related to excluded vessels.

Subsec. (f)(1). Puspan. L. 112–81, § 313(span)(1), substituted “subsection (span)” for “Annex V to the Convention on or before the dates referred to in subsections (span)(2)(A) and (c)(1)”.

Subsec. (f)(2). Puspan. L. 112–81, § 313(span)(2), inserted “and subsection (span)(3)(B)(i) of this section” after “Annex V to the Convention”.

2008—Subsec. (a)(5). Puspan. L. 110–280, § 4(1), added par. (5).

Subsec. (span)(1). Puspan. L. 110–280, § 4(2)(A), substituted “paragraphs (2) and (3),” for “paragraph (2),” in introductory provisions.

Subsec. (span)(3). Puspan. L. 110–280, § 4(2)(B), added par. (3).

Subsecs. (c), (d). Puspan. L. 110–280, § 4(3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 110–280, § 4(4)(C), substituted “Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI” for “Protocol, including regulations conforming to and giving effect to the requirements of Annex V”.

Puspan. 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.

Puspan. L. 110–280, § 4(4)(A), inserted “or the Administrator, consistent with section 1903 of this title,” after “Secretary”.

Puspan. L. 110–280, § 4(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsecs. (f) to (h). Puspan. L. 110–280, § 4(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively.

Subsec. (i). Puspan. L. 110–280, § 4(5), added subsec. (i).

1998—Subsec. (c)(2)(A)(iii). Puspan. L. 105–261, § 326(a)(1), added cl. (iii).

Subsec. (c)(2)(B)(ii). Puspan. L. 105–261, § 326(a)(2), substituted “clauses (ii) and (iii) of subparagraph (A)” for “subparagraph (A)(ii)”.

Subsec. (e)(3)(A). Puspan. L. 105–261, § 326(span), struck out “garbage that contains more than the minimum amount practicable of” after “buoyant garbage or”.

1996—Subsec. (span)(1)(B). Puspan. L. 104–227 inserted “or the Antarctic Protocol” after “MARPOL Protocol”.

Subsec. (c)(1). Puspan. 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). Puspan. 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). Puspan. 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 (span)(1)(A) of this section owned or operated by the Department of the Navy.”

1993—Subsec. (span)(2)(A). Puspan. L. 103–160, § 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). Puspan. L. 103–160, § 1003(span), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (g).

Subsecs. (e), (f). Puspan. L. 103–160, § 1003(c), (d), added subsecs. (e) and (f).

Subsec. (g). Puspan. L. 103–160, § 1003(span)(1), redesignated subsec. (d) as (g).

1987—Subsec. (a). Puspan. 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 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. (span). Puspan. L. 100–220, § 2102(span), amended subsec. (span) generally. Prior to amendment, subsec. (span) 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). Puspan. L. 100–220, § 2102(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties to the MARPOL Protocol.”

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Amendment by Puspan. 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 Puspan. 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(span) of Puspan. 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

Puspan. L. 104–201, div. A, title III, § 324(span), (c), Sept. 23, 1996, 110 Stat. 2480, as amended by Puspan. L. 105–85, div. A, title X, § 1073(c)(1), Nov. 18, 1997, 111 Stat. 1904; Puspan. L. 108–136, div. A, title X, § 1031(f)(1), Nov. 24, 2003, 117 Stat. 1604, provided that:

“(span)Sense of Congress.—

(1) It is the sense of Congress that it should be an objective of the Navy to achieve full compliance with Annex V to the Convention as part of the Navy’s development of ships that are environmentally sound.

“(2) In this subsection and subsection (c), the terms ‘Convention’ and ‘ship’ have the meanings given such terms in section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)).

“[(c) Repealed. Puspan. 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

Puspan. L. 103–160, div. A, title X, § 1003(e), Nov. 30, 1993, 107 Stat. 1747, provided that:

“(1) Not later than October 1, 1994, the Secretary of the Navy shall release a request for proposals for equipment (hereinafter in this subsection referred to as ‘plastics processor’) required for the long-term collection and storage of plastic aboard ships owned or operated by the Navy.

“(2) Not later than July 1, 1996, the Secretary shall install the first production unit of the plastics processor on board a ship owned or operated by the Navy.

“(3) Not later than March 1, 1997, the Secretary shall complete the installation of plastics processors on board not less than 25 percent of the ships owned or operated by the Navy that require plastics processors to comply with section 3 of the Act to Prevent Pollution from Ships [33 U.S.C. 1902], as amended by subsections (a), (span), 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), (span), 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), (span), 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), (span), and (c) of this section.”