1625-0035 Statutory Authority

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC2103]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part A--General Provisions
CHAPTER 21--GENERAL
Sec. 2103. Superintendence of the merchant marine
The Secretary has general superintendence over the merchant marine
of the United States and of merchant marine personnel insofar as the
enforcement of this subtitle is concerned and insofar as those vessels
and personnel are not subject, under other law, to the supervision of
another official of the United States Government. In the interests of
marine safety and seamen's welfare, the Secretary shall enforce this
subtitle and shall carry out correctly and uniformly administer this
subtitle. The Secretary may prescribe regulations to carry out the
provisions of this subtitle.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99-307, Sec. 9, May
19, 1986, 100 Stat. 447.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------2103.............................. 46:2
46:372
46:689
-----------------------------------------------------------------------Section 2103 provides the Secretary with the authority to
superintend the merchant marine and those involved personnel insofar as
the vessels and personnel are not subject, under other laws, to the
supervision of another official. The Secretary has the duty to enforce
the laws with respect to vessels and seamen and to carry out correctly
and uniformly these laws and regulations. The term ``superintendence''
is used to indicate the Secretary's broad responsibility for overseeing
maritime safety and seamen's welfare, including employment, shipping,
navigation, and protection of the marine environment.
Amendments
1986--Pub. L. 99-307 substituted ``subtitle. The Secretary may
prescribe regulations to carry out the provisions of this subtitle'' for
``subtitle and regulations prescribed under this subtitle''.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3306]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of individuals
and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the proper execution of, and
to carry out, this part in the most effective manner for-(1) the design, construction, alteration, repair, and operation
of those vessels, including superstructures, hulls, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
boilers, unfired pressure vessels, piping, electric installations,
and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures
to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and
(3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous
nature.
(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
(2) Except with respect to use on a public vessel, the Secretary may
treat an approval of equipment or materials by a foreign government as
approval by the Secretary for purposes of paragraph (1) if the Secretary
determines that-(A) the design standards and testing procedures used by that
government meet the requirements of the International Convention for
the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign
government will secure the safety of individuals and property on
board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government-(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by
the Secretary may be used on vessels that are documented and
subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the
Secretary shall consult with representatives of the private sector
having experience in the operation of vessels likely to be certificated
as sailing school vessels. The regulations shall-(1) reflect the specialized nature of sailing school vessel
operations, and the character, design, and construction of vessels
operating as sailing school vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the specialized nature

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of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated
by the United States Merchant Marine Academy or by a State maritime
academy (as defined in section 1302(3) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295a(3))), the Secretary shall consider the function,
purpose, and operation of the vessels, their routes, and the number of
individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements of a
regulation prescribed under this section related to lifesaving and
firefighting equipment, muster lists, ground tackle and hawsers, and
bilge systems.
(f) In prescribing regulations for offshore supply vessels, the
Secretary shall consider the characteristics, methods of operation, and
the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the private
sector having experience in the operation of these vessels. The
regulations shall reflect the specialized nature and economics of fish
processing or fish tender vessel operations and the character, design,
and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for vessels
of at least 100 gross tons but less than 300 gross tons as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title carrying not more than 150 passengers on
domestic voyages, which meet the eligibility criteria of section 2113(4)
of this title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for former
public vessels of the United States of at least 100 gross tons but less
that 500 gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title carrying
not more than 150 passengers on domestic voyages, which meet the
eligibility criteria of section 2113(5) of this title.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV,
Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206, title V,
Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-324, title VI,
Sec. 604(a), (c), title VII, Sec. 712, Oct. 19, 1996, 110 Stat. 3930,
3931, 3936.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3306.............................. 46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478

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46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)
-----------------------------------------------------------------------Section 3306 contains broad authority to prescribe regulations for
the proper inspection and certification of vessels. It provides
regulatory flexibility for meeting technological changes. The section
also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine Academy or by a
State maritime academy. The Secretary may suspend or grant exemptions to
certain limited inspection requirements when the Secretary finds that
this is necessary in the public interest. It also contains the
requirement that in regulating offshore supply vessels consideration
must be given to the special nature of their operations.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
``paragraphs (1), (2), and (3)'' for ``clauses (1)-(3)''.
Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Equipment
subject to regulation under this section may not be used on any vessel
without prior approval as prescribed by regulation.''
Subsec. (h). Pub. L. 104-324, Sec. 712(1), inserted ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title'' after ``300 gross tons''.
Subsec. (i). Pub. L. 104-324, Sec. 712(2), inserted ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title'' after ``500 gross tons''.
1993--Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and (i).
1984--Subsec. (g). Pub. L. 98-364 added subsec. (g).
Regulations
Section 512(b), (c) of Pub. L. 103-206 provided that:
``(b) The Secretary of Transportation shall, within twenty-four
months of the date of enactment of this Act [Dec. 20, 1993], prescribe
regulations establishing the structural fire protection, manning,
operating, and equipment requirements for vessels which meet the
requirements of subsections (h) and (i) of section 3306 of title 46,
United States Code, as amended by this Act.
``(c) Before the Secretary of Transportation prescribes regulations
under subsections (h) and (i) of section 3306 of title 46, United States
Code, as amended by this Act, the Secretary may prescribe the route,
service, manning, and equipment for those vessels based on existing
passenger vessel and small passenger vessel regulations.''
Foreign Approvals
Section 604(b) of Pub. L. 104-324 provided that: ``The Secretary of
Transportation, in consultation with other interested Federal agencies,
shall work with foreign governments to have those governments approve
the use of the same equipment and materials on vessels documented under
the laws of those countries that the Secretary requires on United States
documented vessels.''

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International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which
the United States has been a party, see section 1602 of Title 33,
Navigation and Navigable Waters, and notes thereunder.
Section Referred to in Other Sections
This section is referred to in sections 3313, 3318 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3703]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3703. Regulations
(a) The Secretary shall prescribe regulations for the design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels to which this chapter
applies, that may be necessary for increased protection against hazards
to life and property, for navigation and vessel safety, and for enhanced
protection of the marine environment. The Secretary may prescribe
different regulations applicable to vessels engaged in the domestic
trade, and also may prescribe regulations that exceed standards set
internationally. Regulations prescribed by the Secretary under this
subsection are in addition to regulations prescribed under other laws
that may apply to any of those vessels. Regulations prescribed under
this subsection shall include requirements about-(1) superstructures, hulls, cargo holds or tanks, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
and boilers;
(2) the handling or stowage of cargo, the manner of handling or
stowage of cargo, and the machinery and appliances used in the
handling or stowage;
(3) equipment and appliances for lifesaving, fire protection,
and prevention and mitigation of damage to the marine environment;
(4) the manning of vessels and the duties, qualifications, and
training of the officers and crew;
(5) improvements in vessel maneuvering and stopping ability and
other features that reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine casualty occurs; and
(7) the reduction or elimination of discharges during
ballasting, deballasting, tank cleaning, cargo handling, or other
such activity.
(b) In prescribing regulations under subsection (a) of this section,
the Secretary shall consider the types and grades of cargo permitted to
be on board a tank vessel.
(c) In prescribing regulations under subsection (a) of this section,
the Secretary shall establish procedures for consulting with, and
receiving and considering the views of-(1) interested departments, agencies, and instrumentalities of
the United States Government;
(2) officials of State and local governments;
(3) representatives of port and harbor authorities and
associations;
(4) representatives of environmental groups; and
(5) other interested parties knowledgeable or experienced in
dealing with problems involving vessel safety, port and waterways
safety, and protection of the marine environment.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

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Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3703.............................. 46:391a(6)
46:391a(12)
-----------------------------------------------------------------------Section 3703 requires the Secretary to issue regulations to
implement this section. Specific items are listed to be included within
the regulations issued. The regulatory authority must be exercised under
the Administrative Procedure Act and, in prescribing these regulations,
the Secretary must consider the kinds and grades of cargo carried on
board. Furthermore, in addition to any requirements of the
Administrative Procedure Act, the Secretary must establish specific
consultation procedures for considering the views of various specified
interested officials, groups, and individuals. The procedures are
intended to provide for consultation as early as possible in the
regulatory process.
Studies Addressing Various Sources of Oil Spill Risk
Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat. 3947,
provided that:
``(a) Study of Group-5 Fuel Oil Spills.-``(1) Definition.--In this subsection, the term `group-5 fuel
oil' means a petroleum-based oil that has a specific gravity of
greater than 1.0.
``(2) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the relative environmental and public
health risks posed by discharges of group-5 fuel oil.
``(3) Matters to be included.--The study under this subsection
shall include a review and analysis of-``(A) the specific risks posed to the public health or
welfare of the United States, including fish, shellfish and
wildlife, public and private property, shorelines, beaches,
habitat, and other natural resources under the jurisdiction or
control of the United States, as a result of an actual or
threatened discharge of group-5 fuel oil from a vessel or
facility;
``(B) cleanup technologies currently available to address
actual or threatened discharge of group-5 fuel oil; and
``(C) any technological and financial barriers that prevent
the prompt remediation of discharges of group-5 fuel oil.
``(4) Report.--Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(5) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study under this subsection,
that there are significant risks to public health or the environment
resulting from the actual or threatened discharge of group-5 fuel
oil from a vessel or facility that cannot be technologically or
economically addressed by existing or anticipated cleanup efforts,
the Secretary may initiate a rulemaking to take such action as is
necessary to abate the threat.
``(b) Study of Automatic Fueling Shutoff Equipment.-``(1) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the unintentional or accidental

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discharge of fuel oil during lightering or fuel loading or offloading activity.
``(2) Matters to be included.--The study under this subsection
shall include a review and analysis of current monitoring and
fueling practices to determine the need for automatic fuel shutoff
equipment to prevent the accidental discharge of fuel oil, and
whether such equipment is needed as a supplement to or replacement
of existing preventive equipment or procedures.
``(3) Report.--Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(4) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study conducted under this
subsection, that the use of automatic oil shutoff equipment is
necessary to prevent the actual or threatened discharge of oil
during lightering or fuel loading or off[-]loading activity, the
Secretary may initiate a rulemaking to take such action as is
necessary to abate a threat to public health or the environment.
``(c) Lightering Study.--The Secretary of Transportation shall
coordinate with the Marine Board of the National Research Council on a
study into the actual incidence and risk of oil spills from lightering
operations off the coast of the United States. Among other things, the
study shall address the manner in which existing regulations are serving
to reduce oil spill risks. The study shall take into account current or
proposed international rules and standards and also include
recommendations on measures that would be likely to further reduce the
risks of oil spills from lightering operations. Not later than 18 months
after the date of enactment of this Act [Oct. 19, 1996], the Secretary
shall submit a report on the study to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.''
Existing Tank Vessel Research
Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat. 3985,
provided that:
``(a) Funding.--The Secretary of Transportation shall take steps to
allocate funds appropriated for research, development, testing, and
evaluation, including the combination of funds from any source available
and authorized for this purpose, to ensure that any Government-sponsored
project intended to evaluate double hull alternatives that provide equal
or greater protection to the marine environment, or interim solutions to
remediate potential environmental damage resulting from oil spills from
existing tank vessels, commenced prior to the date of enactment of this
section [Oct. 19, 1996], is fully funded for completion by the end of
fiscal year 1997. Any vessel construction or repair necessary to carry
out the purpose of this section must be performed in a shipyard located
in the United States.
``(b) Use of Public Vessels.--The Secretary may provide vessels
owned by, or demise chartered to, and operated by the Government and not
engaged in commercial service, without reimbursement, for use in and the
support of projects sponsored by the Government for research,
development, testing, evaluation, and demonstration of new or improved
technologies that are effective in preventing or mitigating oil
discharges and protecting the environment.''
Oil Spill Prevention and Response Technology Test and Evaluation Program
Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat. 2425,

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provided that:
``(a) Not later than 6 months after the date of enactment of this
Act [Dec. 20, 1993], the Secretary of Transportation shall establish a
program to evaluate the technological feasibility and environmental
benefits of having tank vessels carry oil spill prevention and response
technology. To implement the program the Secretary shall-``(1) publish in the Federal Register an invitation for
submission of proposals including plans and procedures for testing;
and
``(2) review and evaluate technology using, to the maximum
extent possible, existing evaluation and performance standards.
``(b) The Secretary shall, to the maximum extent possible,
incorporate in the program established in subsection (a), the results of
existing studies and evaluations of oil spill prevention and response
technology carried on tank vessels.
``(c) Not later than 2 years after the date of the enactment of this
Act [Dec. 20, 1993], the Secretary shall evaluate the results of the
program established in subsection (a) and submit a report to Congress
with recommendations on the feasibility and environmental benefits of,
and appropriate equipment and utilization standards for, requiring tank
vessels to carry oil spill prevention and response equipment.
``(d) Not later than 6 months after the date of the enactment of
this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the
Congress on the feasibility of using segregated ballast tanks for
emergency transfer of cargo and storage of recovered oil.''
Regulations Requiring Periodic Gauging of Plating Thickness for Oil
Carrying Commercial Vessels
Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515,
provided that: ``Not later than 1 year after the date of the enactment
of this Act [Aug. 18, 1990], the Secretary shall issue regulations for
vessels constructed or adapted to carry, or that carry, oil in bulk as
cargo or cargo residue-``(1) establishing minimum standards for plating thickness; and
``(2) requiring, consistent with generally recognized principles
of international law, periodic gauging of the plating thickness of
all such vessels over 30 years old operating on the navigable waters
or the waters of the exclusive economic zone.''
Regulations Requiring Use of Overfill and Tank Level or Monitoring
Devices on Oil Carrying Commercial Vessels
Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat. 515,
provided that:
``(a) Standards.--Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall establish, by
regulation, minimum standards for devices for warning persons of
overfills and tank levels of oil in cargo tanks and devices for
monitoring the pressure of oil cargo tanks.
``(b) Use.--Not later than 1 year after the date of the enactment of
this Act [Aug. 18, 1990], the Secretary shall issue regulations
establishing, consistent with generally recognized principles of
international law, requirements concerning the use of-``(1) overfill devices, and
``(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards
established by the Secretary under subsection (a), on vessels
constructed or adapted to carry, or that carry, oil in bulk as cargo or
cargo residue on the navigable waters and the waters of the exclusive
economic zone.''

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Tanker Navigation Safety Standards Study
Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat. 515,
directed Secretary, not later than 2 years after Aug. 18, 1990, to
conduct a study and report to Congress on whether existing laws and
regulations are adequate to ensure safe navigation of vessels
transporting oil or hazardous substances in bulk on navigable waters and
waters of the exclusive economic zone.
Rules Governing Operation of Vessels on Auto-Pilot or With Unattended
Engine Room
Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat.
517, provided that: ``In order to protect life, property, and the
environment, the Secretary shall initiate a rulemaking proceeding within
180 days after the date of the enactment of this Act [Aug. 18, 1990] to
define the conditions under, and designate the waters upon, which tank
vessels subject to section 3703 of title 46, United States Code, may
operate in the navigable waters with the auto-pilot engaged or with an
unattended engine room.''
Regulations Requiring Escorts for Certain Tankers; ``Tanker'' Defined
Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, provided that:
``(c) Escorts for Certain Tankers.--Not later than 6 months after
the date of the enactment of this Act [Aug. 18, 1990], the Secretary
shall initiate issuance of regulations under section 3703(a)(3) of title
46, United States Code, to define those areas, including Prince William
Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including
those portions of the Strait of Juan de Fuca east of Port Angeles, Haro
Strait, and the Strait of Georgia subject to United States
jurisdiction), on which single hulled tankers over 5,000 gross tons
transporting oil in bulk shall be escorted by at least two towing
vessels (as defined under section 2101 of title 46, United States Code)
or other vessels considered appropriate by the Secretary.
``(d) Tanker Defined.--In this section [amending section 8502 of
this title] the term `tanker' has the same meaning the term has in
section 2101 of title 46, United States Code.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC4302]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 43--RECREATIONAL VESSELS
Sec. 4302. Regulations
(a) The Secretary may prescribe regulations-(1) establishing minimum safety standards for recreational
vessels and associated equipment, and establishing procedures and
tests required to measure conformance with those standards, with
each standard-(A) meeting the need for recreational vessel safety; and
(B) being stated, insofar as practicable, in terms of
performance;
(2) requiring the installation, carrying, or use of associated
equipment (including fuel systems, ventilation systems, electrical
systems, sound-producing devices, firefighting equipment, lifesaving
devices, signaling devices, ground tackle, life- and grab-rails, and
navigational equipment) on recreational vessels and classes of
recreational vessels subject to this chapter, and prohibiting the
installation, carrying, or use of associated equipment that does not
conform with safety standards established under this section; and
(3) requiring or permitting the display of seals, labels,
plates, insignia, or other devices for certifying or evidencing
compliance with safety regulations and standards of the United
States Government for recreational vessels and associated equipment.
(b) Each regulation prescribed under this section shall specify an
effective date that is not earlier than 180 days from the date the
regulation was published, unless the Secretary finds that there exists a
recreational vessel safety hazard so critical as to require an earlier
effective date. However, this period may not be more than 24 months for
cases involving, in the discretion of the Secretary, major product
design, retooling, or major changes in the manufacturing process.
(c) In prescribing regulations under this section, the Secretary
shall, among other things-(1) consider the need for and the extent to which the
regulations will contribute to recreational vessel safety;
(2) consider relevant available recreational vessel safety
standards, statistics, and data, including public and private
research, development, testing, and evaluation;
(3) not compel substantial alteration of a recreational vessel
or item of associated equipment that is in existence, or the
construction or manufacture of which is begun before the effective
date of the regulation, but subject to that limitation may require
compliance or performance, to avoid a substantial risk of personal
injury to the public, that the Secretary considers appropriate in

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relation to the degree of hazard that the compliance will correct;
and
(4) consult with the National Boating Safety Advisory Council
established under section 13110 of this title about the
considerations referred to in clauses (1)-(3) of this subsection.
(d) Section 8903 of this title does not apply to a vessel being
operated for bona fide dealer demonstrations provided without fee to
business invitees. However, if on the basis of substantial evidence, the
Secretary decides under this section that requiring vessels so operated
to be under the control of licensed individuals is necessary for boating
safety, then the Secretary may prescribe regulations requiring the
licensing of individuals controlling these vessels in the same manner as
provided in chapter 89 of this title for individuals in control of
vessels carrying passengers for hire.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 530.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------4302.............................. 46:1454
46:1455
46:1456
46:1464(g)
46:1488
-----------------------------------------------------------------------Section 4302 authorizes the Secretary to prescribe regulations to
carry out the provisions of this chapter. In lieu of establishing
specific statutory safety requirements, subsection (a) provides flexible
regulatory authority to establish uniform standards for the design,
construction, materials, and performance of the boats themselves and all
associated equipment. It also provides for the display of seals and
other devices for certifying or evidencing compliance with applicable
safety regulations or standards.
Section 4302(b) requires a regulation prescribed under this section
to have an effective date that is not earlier than 180 days from
publication. However, in those instances where a safety hazard may be
critical an earlier effective date is authorized.
Section 4302(c) requires the Secretary to consider certain
objectives in developing regulatory controls and regulations or
standards and that there must be an effective consultation process.
Section 4302(d) exempts dealer demonstration boats from the
requirement of having to be named by a licensed individual when
demonstrating boats to prospective purchasers or other business invitees
when no fees are charged. The Secretary may require that boats so used
be under control of a licensed individual.
Availability and Use of EPIRBs for Recreational Vessels
Pub. L. 105-383, title III, Sec. 309, Nov. 13, 1998, 112 Stat. 3422,
provided that: ``The Secretary of Transportation, through the Coast
Guard and in consultation with the National Transportation Safety Board
and recreational boating organizations, shall, within 24 months of the
date of the enactment of this Act [Nov. 13, 1998], assess and report to
Congress on the use of emergency position indicating beacons (EPIRBs)
and similar devices by operators of recreational vessels on the

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Intracoastal Waterway and operators of recreational vessels beyond the
Boundary Line. The assessment shall at a minimum-``(1) evaluate the current availability and use of EPIRBs and
similar devices by the operators of recreational vessels and the
actual and potential contribution of such devices to recreational
boating safety; and
``(2) provide recommendations on policies and programs to
encourage the availability and use of EPIRBS [sic] and similar
devices by the operators of recreational vessels.''
Section Referred to in Other Sections
This section is referred to in sections 4303, 4306, 4310, 8905,
13110 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1322]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1322. Marine sanitation devices
(a) Definitions
For the purpose of this section, the term-(1) ``new vessel'' includes every description of watercraft or
other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters, the construction of
which is initiated after promulgation of standards and regulations
under this section;
(2) ``existing vessel'' includes every description of watercraft
or other artificial contrivance used, or capable of being used, as a
means of transportation on the navigable waters, the construction of
which is initiated before promulgation of standards and regulations
under this section;
(3) ``public vessel'' means a vessel owned or bareboat chartered
and operated by the United States, by a State or political
subdivision thereof, or by a foreign nation, except when such vessel
is engaged in commerce;
(4) ``United States'' includes the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Canal Zone, and the Trust Territory of the
Pacific Islands;
(5) ``marine sanitation device'' includes any equipment for
installation on board a vessel which is designed to receive, retain,
treat, or discharge sewage, and any process to treat such sewage;
(6) ``sewage'' means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
wastes except that, with respect to commercial vessels on the Great
Lakes, such term shall include graywater;
(7) ``manufacturer'' means any person engaged in the
manufacturing, assembling, or importation of marine sanitation
devices or of vessels subject to standards and regulations
promulgated under this section;
(8) ``person'' means an individual, partnership, firm,
corporation, association, or agency of the United States, but does
not include an individual on board a public vessel;
(9) ``discharge'' includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping;
(10) ``commercial vessels'' means those vessels used in the
business of transporting property for compensation or hire, or in
transporting property in the business of the owner, lessee, or
operator of the vessel;
(11) ``graywater'' means galley, bath, and shower water;
(12) ``discharge incidental to the normal operation of a

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vessel''-(A) means a discharge, including-(i) graywater, bilge water, cooling water, weather deck
runoff, ballast water, oil water separator effluent, and any
other pollutant discharge from the operation of a marine
propulsion system, shipboard maneuvering system, crew
habitability system, or installed major equipment, such as
an aircraft carrier elevator or a catapult, or from a
protective, preservative, or absorptive application to the
hull of the vessel; and
(ii) a discharge in connection with the testing,
maintenance, and repair of a system described in clause (i)
whenever the vessel is waterborne; and
(B) does not include-(i) a discharge of rubbish, trash, garbage, or other
such material discharged overboard;
(ii) an air emission resulting from the operation of a
vessel propulsion system, motor driven equipment, or
incinerator; or
(iii) a discharge that is not covered by part 122.3 of
title 40, Code of Federal Regulations (as in effect on
February 10, 1996);
(13) ``marine pollution control device'' means any equipment or
management practice, for installation or use on board a vessel of
the Armed Forces, that is-(A) designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a
vessel; and
(B) determined by the Administrator and the Secretary of
Defense to be the most effective equipment or management
practice to reduce the environmental impacts of the discharge
consistent with the considerations set forth in subsection
(n)(2)(B) of this section; and
(14) ``vessel of the Armed Forces'' means-(A) any vessel owned or operated by the Department of
Defense, other than a time or voyage chartered vessel; and
(B) any vessel owned or operated by the Department of
Transportation that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in subparagraph (A).
(b) Federal standards of performance
(1) As soon as possible, after October 18, 1972, and subject to the
provisions of section 1254(j) of this title, the Administrator, after
consultation with the Secretary of the department in which the Coast
Guard is operating, after giving appropriate consideration to the
economic costs involved, and within the limits of available technology,
shall promulgate Federal standards of performance for marine sanitation
devices (hereafter in this section referred to as ``standards'') which
shall be designed to prevent the discharge of untreated or inadequately
treated sewage into or upon the navigable waters from new vessels and
existing vessels, except vessels not equipped with installed toilet
facilities. Such standards and standards established under subsection
(c)(1)(B) of this section shall be consistent with maritime safety and
the marine and navigation laws and regulations and shall be coordinated
with the regulations issued under this subsection by the Secretary of

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the department in which the Coast Guard is operating. The Secretary of
the department in which the Coast Guard is operating shall promulgate
regulations, which are consistent with standards promulgated under this
subsection and subsection (c) of this section and with maritime safety
and the marine and navigation laws and regulations governing the design,
construction, installation, and operation of any marine sanitation
device on board such vessels.
(2) Any existing vessel equipped with a marine sanitation device on
the date of promulgation of initial standards and regulations under this
section, which device is in compliance with such initial standards and
regulations, shall be deemed in compliance with this section until such
time as the device is replaced or is found not to be in compliance with
such initial standards and regulations.
(c) Initial standards; effective dates; revision; waiver
(1)(A) Initial standards and regulations under this section shall
become effective for new vessels two years after promulgation; and for
existing vessels five years after promulgation. Revisions of standards
and regulations shall be effective upon promulgation, unless another
effective date is specified, except that no revision shall take effect
before the effective date of the standard or regulation being revised.
(B) The Administrator shall, with respect to commercial vessels on
the Great Lakes, establish standards which require at a minimum the
equivalent of secondary treatment as defined under section 1314(d) of
this title. Such standards and regulations shall take effect for
existing vessels after such time as the Administrator determines to be
reasonable for the upgrading of marine sanitation devices to attain such
standard.
(2) The Secretary of the department in which the Coast Guard is
operating with regard to his regulatory authority established by this
section, after consultation with the Administrator, may distinguish
among classes, type, and sizes of vessels as well as between new and
existing vessels, and may waive applicability of standards and
regulations as necessary or appropriate for such classes, types, and
sizes of vessels (including existing vessels equipped with marine
sanitation devices on the date of promulgation of the initial standards
required by this section), and, upon application, for individual
vessels.
(d) Vessels owned and operated by the United States
The provisions of this section and the standards and regulations
promulgated hereunder apply to vessels owned and operated by the United
States unless the Secretary of Defense finds that compliance would not
be in the interest of national security. With respect to vessels owned
and operated by the Department of Defense, regulations under the last
sentence of subsection (b)(1) of this section and certifications under
subsection (g)(2) of this section shall be promulgated and issued by the
Secretary of Defense.
(e) Pre-promulgation consultation
Before the standards and regulations under this section are
promulgated, the Administrator and the Secretary of the department in
which the Coast Guard is operating shall consult with the Secretary of
State; the Secretary of Health and Human Services; the Secretary of
Defense; the Secretary of the Treasury; the Secretary of Commerce; other
interested Federal agencies; and the States and industries interested;
and otherwise comply with the requirements of section 553 of title 5.

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(f) Regulation by States or political subdivisions thereof; complete
prohibition upon discharge of sewage
(1)(A) Except as provided in subparagraph (B), after the effective
date of the initial standards and regulations promulgated under this
section, no State or political subdivision thereof shall adopt or
enforce any statute or regulation of such State or political subdivision
with respect to the design, manufacture, or installation or use of any
marine sanitation device on any vessel subject to the provisions of this
section.
(B) A State may adopt and enforce a statute or regulation with
respect to the design, manufacture, or installation or use of any marine
sanitation device on a houseboat, if such statute or regulation is more
stringent than the standards and regulations promulgated under this
section. For purposes of this paragraph, the term ``houseboat'' means a
vessel which, for a period of time determined by the State in which the
vessel is located, is used primarily as a residence and is not used
primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regulations
and prior to their effective date, a vessel is equipped with a marine
sanitation device in compliance with such standards and regulations and
the installation and operation of such device is in accordance with such
standards and regulations, such standards and regulations shall, for the
purposes of paragraph (1) of this subsection, become effective with
respect to such vessel on the date of such compliance.
(3) After the effective date of the initial standards and
regulations promulgated under this section, if any State determines that
the protection and enhancement of the quality of some or all of the
waters within such State require greater environmental protection, such
State may completely prohibit the discharge from all vessels of any
sewage, whether treated or not, into such waters, except that no such
prohibition shall apply until the Administrator determines that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for such water to which such
prohibition would apply. Upon application of the State, the
Administrator shall make such determination within 90 days of the date
of such application.
(4)(A) If the Administrator determines upon application by a State
that the protection and enhancement of the quality of specified waters
within such State requires such a prohibition, he shall by regulation
completely prohibit the discharge from a vessel of any sewage (whether
treated or not) into such waters.
(B) Upon application by a State, the Administrator shall, by
regulation, establish a drinking water intake zone in any waters within
such State and prohibit the discharge of sewage from vessels within that
zone.
(g) Sales limited to certified devices; certification of test device;
recordkeeping; reports
(1) No manufacturer of a marine sanitation device shall sell, offer
for sale, or introduce or deliver for introduction in interstate
commerce, or import into the United States for sale or resale any marine
sanitation device manufactured after the effective date of the standards
and regulations promulgated under this section unless such device is in
all material respects substantially the same as a test device certified
under this subsection.
(2) Upon application of the manufacturer, the Secretary of the
department in which the Coast Guard is operating shall so certify a

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marine sanitation device if he determines, in accordance with the
provisions of this paragraph, that it meets the appropriate standards
and regulations promulgated under this section. The Secretary of the
department in which the Coast Guard is operating shall test or require
such testing of the device in accordance with procedures set forth by
the Administrator as to standards of performance and for such other
purposes as may be appropriate. If the Secretary of the department in
which the Coast Guard is operating determines that the device is
satisfactory from the standpoint of safety and any other requirements of
maritime law or regulation, and after consideration of the design,
installation, operation, material, or other appropriate factors, he
shall certify the device. Any device manufactured by such manufacturer
which is in all material respects substantially the same as the
certified test device shall be deemed to be in conformity with the
appropriate standards and regulations established under this section.
(3) Every manufacturer shall establish and maintain such records,
make such reports, and provide such information as the Administrator or
the Secretary of the department in which the Coast Guard is operating
may reasonably require to enable him to determine whether such
manufacturer has acted or is acting in compliance with this section and
regulations issued thereunder and shall, upon request of an officer or
employee duly designated by the Administrator or the Secretary of the
department in which the Coast Guard is operating, permit such officer or
employee at reasonable times to have access to and copy such records.
All information reported to or otherwise obtained by the Administrator
or the Secretary of the Department in which the Coast Guard is operating
or their representatives pursuant to this subsection which contains or
relates to a trade secret or other matter referred to in section 1905 of
title 18 shall be considered confidential for the purpose of that
section, except that such information may be disclosed to other officers
or employees concerned with carrying out this section. This paragraph
shall not apply in the case of the construction of a vessel by an
individual for his own use.
(h) Sale and resale of properly equipped vessels; operability of
certified marine sanitation devices
After the effective date of standards and regulations promulgated
under this section, it shall be unlawful-(1) for the manufacturer of any vessel subject to such standards
and regulations to manufacture for sale, to sell or offer for sale,
or to distribute for sale or resale any such vessel unless it is
equipped with a marine sanitation device which is in all material
respects substantially the same as the appropriate test device
certified pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel
subject to such standards and regulations to the ultimate purchaser,
wrongfully to remove or render inoperative any certified marine
sanitation device or element of design of such device installed in
such vessel;
(3) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide information
required under this section; and
(4) for a vessel subject to such standards and regulations to
operate on the navigable waters of the United States, if such vessel
is not equipped with an operable marine sanitation device certified
pursuant to this section.
(i) Jurisdiction to restrain violations; contempts

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The district courts of the United States shall have jurisdictions to
restrain violations of subsection (g)(1) of this section and subsections
(h)(1) through (3) of this section. Actions to restrain such violations
shall be brought by, and in, the name of the United States. In case of
contumacy or refusal to obey a subpena served upon any person under this
subsection, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony or to appear and produce documents, and any failure to
obey such order of the court may be punished by such court as a contempt
thereof.
(j) Penalties
Any person who violates subsection (g)(1) of this section, clause
(1) or (2) of subsection (h) of this section, or subsection (n)(8) of
this section shall be liable to a civil penalty of not more than $5,000
for each violation. Any person who violates clause (4) of subsection (h)
of this section or any regulation issued pursuant to this section shall
be liable to a civil penalty of not more than $2,000 for each violation.
Each violation shall be a separate offense. The Secretary of the
department in which the Coast Guard is operating may assess and
compromise any such penalty. No penalty shall be assessed until the
person charged shall have been given notice and an opportunity for a
hearing on such charge. In determining the amount of the penalty, or the
amount agreed upon in compromise, the gravity of the violation, and the
demonstrated good faith of the person charged in attempting to achieve
rapid compliance, after notification of a violation, shall be considered
by said Secretary.
(k) Enforcement authority
The provisions of this section shall be enforced by the Secretary of
the department in which the Coast Guard is operating and he may utilize
by agreement, with or without reimbursement, law enforcement officers or
other personnel and facilities of the Administrator, other Federal
agencies, or the States to carry out the provisions of this section. The
provisions of this section may also be enforced by a State.
(l) Boarding and inspection of vessels; execution of warrants and other
process
Anyone authorized by the Secretary of the department in which the
Coast Guard is operating to enforce the provisions of this section may,
except as to public vessels, (1) board and inspect any vessel upon the
navigable waters of the United States and (2) execute any warrant or
other process issued by an officer or court of competent jurisdiction.
(m) Enforcement in United States possessions
In the case of Guam and the Trust Territory of the Pacific Islands,
actions arising under this section may be brought in the district court
of Guam, and in the case of the Virgin Islands such actions may be
brought in the district court of the Virgin Islands. In the case of
American Samoa and the Trust Territory of the Pacific Islands, such
actions may be brought in the District Court of the United States for
the District of Hawaii and such court shall have jurisdiction of such
actions. In the case of the Canal Zone, such actions may be brought in
the District Court for the District of the Canal Zone.

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(n) Uniform national discharge standards for vessels of Armed Forces
(1) Applicability
This subsection shall apply to vessels of the Armed Forces and
discharges, other than sewage, incidental to the normal operation of
a vessel of the Armed Forces, unless the Secretary of Defense finds
that compliance with this subsection would not be in the national
security interests of the United States.
(2) Determination of discharges required to be controlled by
marine pollution control devices
(A) In general
The Administrator and the Secretary of Defense, after
consultation with the Secretary of the department in which the
Coast Guard is operating, the Secretary of Commerce, and
interested States, shall jointly determine the discharges
incidental to the normal operation of a vessel of the Armed
Forces for which it is reasonable and practicable to require use
of a marine pollution control device to mitigate adverse impacts
on the marine environment. Notwithstanding subsection (a)(1) of
section 553 of title 5, the Administrator and the Secretary of
Defense shall promulgate the determinations in accordance with
such section. The Secretary of Defense shall require the use of
a marine pollution control device on board a vessel of the Armed
Forces in any case in which it is determined that the use of
such a device is reasonable and practicable.
(B) Considerations
In making a determination under subparagraph (A), the
Administrator and the Secretary of Defense shall take into
consideration-(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollution
control device;
(iv) the effect that installation or use of the marine
pollution control device would have on the operation or
operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
(vii) the economic costs of the installation and use of
the marine pollution control device.
(3) Performance standards for marine pollution control
devices
(A) In general
For each discharge for which a marine pollution control
device is determined to be required under paragraph (2), the
Administrator and the Secretary of Defense, in consultation with
the Secretary of the department in which the Coast Guard is
operating, the Secretary of State, the Secretary of Commerce,
other interested Federal agencies, and interested States, shall
jointly promulgate Federal standards of performance for each

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marine pollution control device required with respect to the
discharge. Notwithstanding subsection (a)(1) of section 553 of
title 5, the Administrator and the Secretary of Defense shall
promulgate the standards in accordance with such section.
(B) Considerations
In promulgating standards under this paragraph, the
Administrator and the Secretary of Defense shall take into
consideration the matters set forth in paragraph (2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this paragraph may-(i) distinguish among classes, types, and sizes of
vessels;
(ii) distinguish between new and existing vessels; and
(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular class,
type, age, or size of vessel.
(4) Regulations for use of marine pollution control devices
The Secretary of Defense, after consultation with the
Administrator and the Secretary of the department in which the Coast
Guard is operating, shall promulgate such regulations governing the
design, construction, installation, and use of marine pollution
control devices on board vessels of the Armed Forces as are
necessary to achieve the standards promulgated under paragraph (3).
(5) Deadlines; effective date
(A) Determinations
The Administrator and the Secretary of Defense shall-(i) make the initial determinations under paragraph (2)
not later than 2 years after February 10, 1996; and
(ii) every 5 years-(I) review the determinations; and
(II) if necessary, revise the determinations based
on significant new information.
(B) Standards
The Administrator and the Secretary of Defense shall-(i) promulgate standards of performance for a marine
pollution control device under paragraph (3) not later than
2 years after the date of a determination under paragraph
(2) that the marine pollution control device is required;
and
(ii) every 5 years-(I) review the standards; and
(II) if necessary, revise the standards, consistent
with paragraph (3)(B) and based on significant new
information.
(C) Regulations
The Secretary of Defense shall promulgate regulations with
respect to a marine pollution control device under paragraph (4)

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as soon as practicable after the Administrator and the Secretary
of Defense promulgate standards with respect to the device under
paragraph (3), but not later than 1 year after the Administrator
and the Secretary of Defense promulgate the standards. The
regulations promulgated by the Secretary of Defense under
paragraph (4) shall become effective upon promulgation unless
another effective date is specified in the regulations.
(D) Petition for review
The Governor of any State may submit a petition requesting
that the Secretary of Defense and the Administrator review a
determination under paragraph (2) or a standard under paragraph
(3), if there is significant new information, not considered
previously, that could reasonably result in a change to the
particular determination or standard after consideration of the
matters set forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical information on which
the petition is based. The Administrator and the Secretary of
Defense shall grant or deny the petition not later than 2 years
after the date of receipt of the petition.
(6) Effect on other laws
(A) Prohibition on regulation by States or political
subdivisions of States
Beginning on the effective date of-(i) a determination under paragraph (2) that it is not
reasonable and practicable to require use of a marine
pollution control device regarding a particular discharge
incidental to the normal operation of a vessel of the Armed
Forces; or
(ii) regulations promulgated by the Secretary of Defense
under paragraph (4);
except as provided in paragraph (7), neither a State nor a
political subdivision of a State may adopt or enforce any
statute or regulation of the State or political subdivision with
respect to the discharge or the design, construction,
installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed
Forces.
(B) Federal laws
This subsection shall not affect the application of section
1321 of this title to discharges incidental to the normal
operation of a vessel.
(7) Establishment of State no-discharge zones
(A) State prohibition
(i) In general
After the effective date of-(I) a determination under paragraph (2) that it is
not reasonable and practicable to require use of a
marine pollution control device regarding a particular

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discharge incidental to the normal operation of a vessel
of the Armed Forces; or
(II) regulations promulgated by the Secretary of
Defense under paragraph (4);
if a State determines that the protection and enhancement of
the quality of some or all of the waters within the State
require greater environmental protection, the State may
prohibit 1 or more discharges incidental to the normal
operation of a vessel, whether treated or not treated, into
the waters. No prohibition shall apply until the
Administrator makes the determinations described in
subclauses (II) and (III) of subparagraph (B)(i).
(ii) Documentation
To the extent that a prohibition under this paragraph
would apply to vessels of the Armed Forces and not to other
types of vessels, the State shall document the technical or
environmental basis for the distinction.
(B) Prohibition by the Administrator
(i) In general
Upon application of a State, the Administrator shall by
regulation prohibit the discharge from a vessel of 1 or more
discharges incidental to the normal operation of a vessel,
whether treated or not treated, into the waters covered by
the application if the Administrator determines that-(I) the protection and enhancement of the quality of
the specified waters within the State require a
prohibition of the discharge into the waters;
(II) adequate facilities for the safe and sanitary
removal of the discharge incidental to the normal
operation of a vessel are reasonably available for the
waters to which the prohibition would apply; and
(III) the prohibition will not have the effect of
discriminating against a vessel of the Armed Forces by
reason of the ownership or operation by the Federal
Government, or the military function, of the vessel.
(ii) Approval or disapproval
The Administrator shall approve or disapprove an
application submitted under clause (i) not later than 90
days after the date on which the application is submitted to
the Administrator. Notwithstanding clause (i)(II), the
Administrator shall not disapprove an application for the
sole reason that there are not adequate facilities to remove
any discharge incidental to the normal operation of a vessel
from vessels of the Armed Forces.
(C) Applicability to foreign flagged vessels
A prohibition under this paragraph-(i) shall not impose any design, construction, manning,
or equipment standard on a foreign flagged vessel engaged in
innocent passage unless the prohibition implements a
generally accepted international rule or standard; and
(ii) that relates to the prevention, reduction, and
control of pollution shall not apply to a foreign flagged

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vessel engaged in transit passage unless the prohibition
implements an applicable international regulation regarding
the discharge of oil, oily waste, or any other noxious
substance into the waters.
(8) Prohibition relating to vessels of the Armed Forces
After the effective date of the regulations promulgated by the
Secretary of Defense under paragraph (4), it shall be unlawful for
any vessel of the Armed Forces subject to the regulations to-(A) operate in the navigable waters of the United States or
the waters of the contiguous zone, if the vessel is not equipped
with any required marine pollution control device meeting
standards established under this subsection; or
(B) discharge overboard any discharge incidental to the
normal operation of a vessel in waters with respect to which a
prohibition on the discharge has been established under
paragraph (7).
(9) Enforcement
This subsection shall be enforceable, as provided in subsections
(j) and (k) of this section, against any agency of the United States
responsible for vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.
(June 30, 1948, ch. 758, title III, Sec. 312, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 871; amended Pub. L. 95-217, Sec. 59,
Dec. 27, 1977, 91 Stat. 1596; Pub. L. 96-88, title V, Sec. 509(b), Oct.
17, 1979, 93 Stat. 695; Pub. L. 100-4, title III, Sec. 311, Feb. 4,
1987, 101 Stat. 42; Pub. L. 104-106, div. A, title III, Sec. 325(b)(c)(2), Feb. 10, 1996, 110 Stat. 254-259.)
References in Text
For definition of Canal Zone, referred to in subsecs. (a)(4) and
(m), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments
1996--Subsec. (a)(8). Pub. L. 104-106, Sec. 325(c)(1)(A),
substituted ``corporation, association, or agency of the United
States,'' for ``corporation, or association,''.
Subsec. (a)(12) to (14). Pub. L. 104-106, Sec. 325(c)(1)(B), (C),
added pars. (12) to (14).
Subsec. (j). Pub. L. 104-106, Sec. 325(c)(2), substituted
``subsection (g)(1) of this section, clause (1) or (2) of subsection (h)
of this section, or subsection (n)(8) of this section shall be liable''
for ``subsection (g)(1) of this section or clause (1) or (2) of
subsection (h) of this section shall be liable''.
Subsec. (n). Pub. L. 104-106, Sec. 325(b), added subsec. (n).
1987--Subsec. (f)(1). Pub. L. 100-4, Sec. 311(a), designated
existing provision as subpar. (A), substituted ``Except as provided in
subparagraph (B), after'' for ``After'', and added subpar. (B).
Subsec. (k). Pub. L. 100-4, Sec. 311(b), inserted at end ``The
provisions of this section may also be enforced by a State.''
1977--Subsec. (a)(6). Pub. L. 95-217, Sec. 59(a), inserted ``except
that, with respect to commercial vessels on the Great Lakes, such term
shall include graywater'' after ``receive or retain body wastes''.

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Subsec. (a)(10), (11). Pub. L. 95-217, Sec. 59(b), added pars. (10)
and (11).
Subsec. (b)(1). Pub. L. 95-217, Sec. 59(c), inserted references to
standards established under subsec. (c)(1)(B) of this section and to
standards promulgated under subsec. (c) of this section.
Subsec. (c)(1). Pub. L. 95-217, Sec. 59(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(4). Pub. L. 95-217, Sec. 59(e), designated existing
provisions as subpar. (A) and added subpar. (B).
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (e) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
Purpose of 1996 Amendment
Section 325(a) of Pub. L. 104-106 provided that: ``The purposes of
this section [amending this section and section 1362 of this title and
enacting provisions set out as a note below] are to-``(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
``(2) stimulate the development of innovative vessel pollution
control technology; and
``(3) advance the development by the United States Navy of
environmentally sound ships.''
Cooperation in National Discharge Standards Development
Section 325(d) of Pub. L. 104-106 provided that: ``The Administrator
of the Environmental Protection Agency and the Secretary of Defense may,
by mutual agreement, with or without reimbursement, provide for the use
of information, reports, personnel, or other resources of the
Environmental Protection Agency or the Department of Defense to carry
out section 312(n) of the Federal Water Pollution Control Act [33 U.S.C.
1322(n)] (as added by subsection (b)), including the use of the
resources-``(1) to determine-``(A) the nature and environmental effect of discharges

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incidental to the normal operation of a vessel of the Armed
Forces;
``(B) the practicability of using marine pollution control
devices on vessels of the Armed Forces; and
``(C) the effect that installation or use of marine
pollution control devices on vessels of the Armed Forces would
have on the operation or operational capability of the vessels;
and
``(2) to establish performance standards for marine pollution
control devices on vessels of the Armed Forces.''
Clean Vessels
Pub. L. 102-587, title V, subtitle F, Nov. 4, 1992, 106 Stat. 5086,
provided that:
``SEC. 5601. SHORT TITLE.
``This subtitle may be cited as the `Clean Vessel Act of 1992'.
``SEC. 5602. FINDINGS; PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) The discharge of untreated sewage by vessels is prohibited
under Federal law in all areas within the navigable waters of the
United States.
``(2) The discharge of treated sewage by vessels is prohibited
under either Federal or State law in many of the United States
bodies of water where recreational boaters operate.
``(3) There is currently an inadequate number of pumpout
stations for type III marine sanitation devices where recreational
vessels normally operate.
``(4) Sewage discharged by recreational vessels because of an
inadequate number of pumpout stations is a substantial contributor
to localized degradation of water quality in the United States.
``(b) Purpose.--The purpose of this subtitle is to provide funds to
States for the construction, renovation, operation, and maintenance of
pumpout stations and waste reception facilities.
``SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION
DEVICE PUMPOUT STATION NEEDS.
``(a) Survey.--Within 3 months after the notification under section
5605(b), each coastal State shall conduct a survey to determine-``(1) the number and location of all operational pumpout
stations and waste reception facilities at public and private
marinas, mooring areas, docks, and other boating access facilities
within the coastal zone of the State; and
``(2) the number of recreational vessels in the coastal waters
of the State with type III marine sanitation devices or portable
toilets, and the areas of those coastal waters where those vessels
congregate.
``(b) Plan.--Within 6 months after the notification under section
5605(b), and based on the survey conducted under subsection (a), each
coastal State shall-``(1) develop and submit to the Secretary of the Interior a plan
for any construction or renovation of pumpout stations and waste
reception facilities that are necessary to ensure that, based on the
guidance issued under section 5605(a), there are pumpout stations
and waste reception facilities in the State that are adequate and
reasonably available to meet the needs of recreational vessels using
the coastal waters of the State; and
``(2) submit to the Secretary of the Interior with that plan a
list of all stations and facilities in the coastal zone of the State
which are operational on the date of submittal.

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``(c) Plan Approval.-``(1) In general.--Not later than 60 days after a plan is
submitted by a State under subsection (b), the Secretary of the
Interior shall approve or disapprove the plan, based on-``(A) the adequacy of the survey conducted by the State
under subsection (a); and
``(B) the ability of the plan, based on the guidance issued
under section 5605(a), to meet the construction and renovation
needs of the recreational vessels identified in the survey.
``(2) Notification of state; modification.--The Secretary of the
Interior shall promptly notify the affected Governor of the approval
or disapproval of a plan. If a plan is disapproved, the Secretary of
the Interior shall recommend necessary modifications and return the
plan to the affected Governor.
``(3) Resubmittal.--Not later than 60 days after receiving a
plan returned by the Secretary of the Interior, the Governor shall
make the appropriate changes and resubmit the plan.
``(d) Indication of Stations and Facilities on NOAA Charts.-``(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall indicate, on charts published by the National
Oceanic and Atmospheric Administration for the use of operators of
recreational vessels, the locations of pumpout stations and waste
reception facilities.
``(2) Notification of NOAA.-``(A) Lists of stations and facilities.--The Secretary of
the Interior shall transmit to the Under Secretary of Commerce
for Oceans and Atmosphere each list of operational stations and
facilities submitted by a State under subsection (b)(2), by not
later than 30 days after the date of receipt of that list.
``(B) Completion of project.--The Director of the United
States Fish and Wildlife Service shall notify the Under
Secretary of the location of each station or facility at which a
construction or renovation project is completed by a State with
amounts made available under the Act of August 9, 1950 (16
U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by this
subtitle, by not later than 30 days after the date of
notification by a State of the completion of the project.
``SEC. 5604. FUNDING.
``(a) Transfer.--[Amended section 777c of Title 16, Conservation.]
``(b) Access Increase.--[Amended section 777g of Title 16,
Conservation.]
``(c) Grant Program.-``(1) Matching grants.--The Secretary of the Interior may
obligate an amount not to exceed the amount made available under
section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2),
as amended by this Act), to make grants to-``(A) coastal States to pay not more than 75 percent of the
cost to a coastal State of-``(i) conducting a survey under section 5603(a);
``(ii) developing and submitting a plan and accompanying
list under section 5603(b);
``(iii) constructing and renovating pumpout stations and
waste reception facilities; and
``(iv) conducting a program to educate recreational
boaters about the problem of human body waste discharges
from vessels and inform them of the location of pumpout
stations and waste reception facilities.
``(B) inland States, which can demonstrate to the Secretary
of the Interior that there are an inadequate number of pumpout
stations and waste reception facilities to meet the needs of

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recreational vessels in the waters of that State, to pay 75
percent of the cost to that State of-``(i) constructing and renovating pumpout stations and
waste reception facilities in the inland State; and
``(ii) conducting a program to educate recreational
boaters about the problem of human body waste discharges
from vessels and inform them of the location of pumpout
stations and waste reception facilities.
``(2) Priority.--In awarding grants under this subsection, the
Secretary of the Interior shall give priority consideration to grant
applications that-``(A) in coastal States, propose constructing and renovating
pumpout stations and waste reception facilities in accordance
with a coastal State's plan approved under section 5603(c);
``(B) provide for public/private partnership efforts to
develop and operate pumpout stations and waste receptions [sic]
facilities; and
``(C) propose innovative ways to increase the availability
and use of pumpout stations and waste reception facilities.
``(d) Disclaimer.--Nothing in this subtitle shall be interpreted to
preclude a State from carrying out the provisions of this subtitle with
funds other than those described in this section.
``SEC. 5605. GUIDANCE AND NOTIFICATION.
``(a) Issuance of Guidance.--Not later than 3 months after the date
of the enactment of this subtitle [Nov. 4, 1992], the Secretary of the
Interior shall, after consulting with the Administrator of the
Environmental Protection Agency, the Under Secretary of Commerce for
Oceans and Atmosphere, and the Commandant of the Coast Guard, issue for
public comment pumpout station and waste reception facility guidance.
The Secretary of the Interior shall finalize the guidance not later than
6 months after the date of enactment of this subtitle. The guidance
shall include-``(1) guidance regarding the types of pumpout stations and waste
reception facilities that may be appropriate for construction,
renovation, operation, or maintenance with amounts available under
the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et
seq.]), as amended by this subtitle, and appropriate location of the
stations and facilities within a marina or boatyard;
``(2) guidance defining what constitutes adequate and reasonably
available pumpout stations and waste reception facilities in boating
areas;
``(3) guidance on appropriate methods for disposal of vessel
sewage from pumpout stations and waste reception facilities;
``(4) guidance on appropriate connector fittings to facilitate
the sanitary and expeditious discharge of sewage from vessels;
``(5) guidance on the waters most likely to be affected by the
discharge of sewage from vessels; and
``(6) other information that is considered necessary to promote
the establishment of pumpout facilities to reduce sewage discharges
from vessels and to protect United States waters.
``(b) Notification.--Not later than one month after the guidance
issued under subsection (a) is finalized, the Secretary of the Interior
shall provide notification in writing to the fish and wildlife, water
pollution control, and coastal zone management authorities of each
State, of-``(1) the availability of amounts under the Act of August 9,
1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]) to implement
the Clean Vessel Act of 1992; and
``(2) the guidance developed under subsection (a).
``SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.

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``This subtitle shall not be construed or applied to jeopardize any
funds available to a coastal State under the Act of August 9, 1950 (16
U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), if the coastal State is,
in good faith, pursuing a survey and plan designed to meet the purposes
of this subtitle.
``SEC. 5607. APPLICABILITY.
``The requirements of section 5603 shall not apply to a coastal
State if within six months after the date of enactment of this subtitle
[Nov. 4, 1992] the Secretary of the Interior certifies that-``(1) the State has developed and is implementing a plan that
will ensure that there will be pumpout stations and waste reception
facilities adequate to meet the needs of recreational vessels in the
coastal waters of the State; or
``(2) existing pumpout stations and waste reception facilities
in the coastal waters of the State are adequate to meet those needs.
``SEC. 5608. DEFINITIONS.
``For the purposes of this subtitle the term:
``(1) `coastal State'-``(A) means a State of the United States in, or bordering on
the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long
Island Sound; or one or more of the Great Lakes;
``(B) includes Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and American
Samoa; and
``(C) does not include a State for which the ratio of the
number of recreational vessels in the State numbered under
chapter 123 of title 46, United States Code, to number of miles
of shoreline (as that term is defined in section 926.2(d) of
title 15, Code of Federal Regulations, as in effect on January
1, 1991), is less than one.
``(2) `coastal waters' means-``(A) in the Great Lakes area, the waters within the
territorial jurisdiction of the United States consisting of the
Great Lakes, their connecting waters, harbors, roadsteads, and
estuary-type areas such as bays, shallows, and marshes; and
``(B) in other areas, those waters, adjacent to the
shorelines, which contain a measurable percentage of sea water,
including sounds, bay, lagoons, bayous, ponds, and estuaries.
``(3) `coastal zone' has the same meaning that term has in
section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453(1));
``(4) `inland State' means a State which is not a coastal state;
``(5) `type III marine sanitation device' means any equipment
for installation on board a vessel which is specifically designed to
receive, retain, and discharge human body wastes;
``(6) `pumpout station' means a facility that pumps or receives
human body wastes out of type III marine sanitation devices
installed on board vessels;
``(7) `recreational vessel' means a vessel-``(A) manufactured for operation, or operated, primarily for
pleasure; or
``(B) leased, rented, or chartered to another for the
latter's pleasure; and
``(8) `waste reception facility' means a facility specifically
designed to receive wastes from portable toilets carried on vessels,
and does not include lavatories.''
Contiguous Zone of United States
For extension of contiguous zone of United States, see Proc. No.

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7219, set out as a note under section 1331 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 1254, 1362, 1402 of this
title.

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