§ 1903. Administration and enforcement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 4 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1903

   Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298

   Source evidence

   Code source credit
   Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298

   Enacted provision · exact public law section
   Sec. 4. (a) Unless otherwise specified herein, the Secretary shall administer and enforce the MARPOL Protocol and this Act. In the administration and enforcement of the MARPOL Protocol and this Act, Annexes I and II of the MARPOL Protocol shall be applicable only to seagoing ships. (b) The Secretary shall prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol or this Act. (c) 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 Act, or the regulations thereunder.

2. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2107(a) · 101 Stat. 1458

   Amended · 33 U.S.C. § 1903(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 applicable only to seagoing ships.”

   Source evidence

   Code amendment note
   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 applicable only to seagoing ships.”

   Enacted provision · exact public law section
   (a) Administration and Enforcement, Generally.— Section 4(a) 33 USC 1903. of the Act to prevent pollution from ships is amended to read as follows: “(a) Unless otherwise specified in this Act, the Secretary shall administer and enforce the MARPOL Protocol and this Act. In the administration and enforcement of the MARPOL Protocol and this Act, Annexes I and II of the Convention apply only to seagoing ships.”.

   Effective date note
   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.

3. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2107(b) · 101 Stat. 1458

   1. Amended · 33 U.S.C. § 1903(b)

      Pub. L. 100–220, § 2107(b), designated existing provisions as par. (1)

   2. Added · 33 U.S.C. § 1903(b)

      Pub. L. 100–220, § 2107(b), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–220, § 2107(b), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (b) Refuse Record Books; Waste Management Plans; Notification of Crew and Passengers.— Section 4(b) of the Act to Prevent Pollution from Ships is amended by— (1) inserting “(1)” after “(b)”; and (2) adding at the end the following: “(2) The Secretary of the department in which the Coast Guard is operating shall— “(A) Regulations. within 1 year after the effective date of this paragraph, prescribe regulations which— “(i) require certain ships described in section 3(a)(1) 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 “(ii) specify the ships described in section 3(a)(1) to which the regulations apply; “(B) International agreements. 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) Reports. within 2 years after the effective date of this paragraph, report to the Confess— “(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 3(a) which call at United States ports.”.

   Effective date note
   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.

4. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(c)(1) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1903(a)

   Pub. L. 104–227, § 201(c)(1), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in first sentence.

   Enacted provision · exact public law section
   (1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in the first sentence of subsection (a);

5. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(c)(2) · 110 Stat. 3034

   Inserted · 33 U.S.C. § 1903(b)(1)

   Pub. L. 104–227, § 201(c)(2), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”.

   Enacted provision · exact public law section
   (2) in subsection (b)(1) by inserting “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”;

6. 1996

   Antarctic Science, Tourism, and Conservation Act of 1996

   Pub. L. 104–227 § 201(c)(3) · 110 Stat. 3034

   Struck and inserted · 33 U.S.C. § 1903(b)(2)(A)

   Pub. L. 104–227, § 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)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 104–227, § 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).

   Enacted provision · exact public law section
   (3) in subsection (b)(2)(A) by striking “within 1 year after the effective date of this paragraph,”; and

7. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 5(1) · 122 Stat. 2611

   Redesignated · 33 U.S.C. § 1903(b)

   Pub. L. 110–280, § 5(1), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–280, § 5(1), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: “(b) Duty of the Administrator.— In addition to other duties specified in this Act, 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, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act 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 8(f), have authority to enforce Annex VI of the Convention.” ;

8. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 5 · 122 Stat. 2611

   1. Redesignated · 33 U.S.C. § 1903(c)

      Pub. L. 110–280 redesignated subsec. (b) as (c)

   2. Added · 33 U.S.C. § 1903(c)

      Pub. L. 110–280 added pars. (2), (3), and (5)

   3. Redesignated · 33 U.S.C. § 1903(c)

      Pub. L. 110–280 redesignated former par. (2) as (4). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 5. ADMINISTRATION AND ENFORCEMENT.   Section 4 (33 U.S.C. 1903) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: “(b) Duty of the Administrator.— In addition to other duties specified in this Act, 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, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act 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 8(f), have authority to enforce Annex VI of the Convention.” ; (2) in subsection (c), as redesignated, by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following: “(2) In addition to the authority the Secretary has to prescribe regulations under this Act, the Administrator shall also prescribe any necessary or desired regulations to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. “(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and with respect to regulation 19, with the Secretary of the Interior.” ; and (3) by adding at the end of subsection (c), as redesignated, the following: “(5) No standard issued by any person or Federal authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months after the required notification to the International Maritime Organization by the Secretary.” .

9. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 5(1) · 122 Stat. 2611

   Redesignated · 33 U.S.C. § 1903(d)

   Pub. L. 110–280, § 5(1), redesignated subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec. (c) as (d).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: “(b) Duty of the Administrator.— In addition to other duties specified in this Act, 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, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act 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 8(f), have authority to enforce Annex VI of the Convention.” ;

12 of 12 references resolved to an enrolled provision