1625-0094 Stat/Authority

§ 1903

TITLE 33—NAVIGATION AND NAVIGABLE WATERS
REFERENCES IN TEXT

The Act to Prevent Pollution from Ships, referred to
in text, is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to this chapter
(§ 1901 et seq.). For complete classification of this Act
to the Code, see Short Title note set out under section
1901 of this title and Tables.
CODIFICATION
Section was enacted as part of the Maritime Policy
Improvement Act of 2002 and as part of the Maritime
Transportation Security Act of 2002, and not as part of
the Act to Prevent Pollution from Ships which comprises this chapter.

§ 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels
Unless otherwise specified in this chapter, the
Secretary shall administer and enforce the
MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the MARPOL Protocol
and this chapter, Annexes I and II of the Convention apply only to seagoing ships.
(b) Duty of the Administrator
In addition to other duties specified in this
chapter, the Administrator and the Secretary,
respectively, shall have the following duties and
authorities:
(1) The Administrator shall, and no other
person may, issue Engine International Air
Pollution Prevention certificates in 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. The
issuance of Engine International Air Pollution
Prevention certificates shall be consistent
with any applicable requirements of the Clean
Air Act [42 U.S.C. 7401 et seq.] or regulations
prescribed under that Act.
(2) The Administrator shall have authority
to administer regulations 12, 13, 14, 15, 16, 17,
18, and 19 of Annex VI to the Convention.
(3) The Administrator shall, only as specified in section 1907(f) of this title, have authority to enforce Annex VI of the Convention.
(c) Regulations; refuse record books; waste management plans; notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired regulations to carry out the
provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) In addition to the authority the Secretary
has to prescribe regulations under this chapter,
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.
(4) The Secretary of the department in which
the Coast Guard is operating shall—

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(A) prescribe regulations which—
(i) require certain ships described in section 1902(a)(1) of this title to maintain refuse
record books and shipboard management
plans, and to display placards which notify
the crew and passengers of the requirements
of Annex V to the Convention and of Annex
IV to the Antarctic Protocol; and
(ii) specify the ships described in section
1902(a)(1) of this title to which the regulations apply;
(B) seek an international agreement or
international agreements which apply requirements equivalent to those described in subparagraph (A)(i) to all vessels subject to
Annex V to the Convention; and
(C) within 2 years after the effective date of
this paragraph, report to the Congress—
(i) regarding activities of the Secretary
under subparagraph (B); and
(ii) if the Secretary has not obtained
agreements pursuant to subparagraph (B) regarding the desirability of applying the requirements described in subparagraph (A)(i)
to all vessels described in section 1902(a) of
this title which call at United States ports.
(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.
(d) Utilization of personnel, facilities, or equipment of other Federal departments and agencies
The Secretary may utilize by agreement, with
or without reimbursement, personnel, facilities,
or equipment of other Federal departments and
agencies in administering the MARPOL Protocol, this chapter, or the regulations thereunder.
(Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 100–220, title II, § 2107, Dec. 29, 1987, 101
Stat. 1464; Pub. L. 104–227, title II, § 201(c), Oct. 2,
1996, 110 Stat. 3042; Pub. L. 110–280, § 5, July 21,
2008, 122 Stat. 2613.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (b)(1), is act
July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 7401 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
The effective date of this paragraph, referred to in
subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of
section 2107(b) of Pub. L. 100–220. See Effective Date of
1987 Amendment note below.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec.
(b). Former subsec. (b) redesignated (c).
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).
Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec.
(c) as (d).
1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’ in first sentence.
Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted
‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘the
MARPOL Protocol’’.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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).
1987—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.’’
Subsec. (b). Pub. L. 100–220, § 2107(b), designated existing provisions as par. (1) and added par. (2).
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–220 effective Dec. 31, 1988,
the date on which Annex V to the International Convention for the Prevention of Pollution from Ships,
1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under
section 1901 of this title.
EFFECTIVE DATE
Subsec. (b) of this section effective Oct. 21, 1980, see
section 14(b) of Pub. L. 96–478, set out as a note under
section 1901 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1904. Certificates
(a) Issuance by authorized designees; restriction
on issuance
Except as provided in section 1903(b)(1) of this
title, the Secretary shall designate those persons authorized to issue on behalf of the United
States the certificates required by the MARPOL
Protocol. A certificate required by the MARPOL
Protocol shall not be issued to a ship which is
registered in or of the nationality of a country
which is not a party to the MARPOL Protocol.
(b) Validity of foreign certificates
A certificate issued by a country which is a
party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary or
the Administrator under the authority of this
chapter.
(c) Location onboard vessel; inspection of vessels
subject to jurisdiction of the United States
A ship required by the MARPOL Protocol to
have a certificate—
(1) shall carry a valid certificate onboard in
the manner prescribed by the authority issuing the certificate; and
(2) is subject to inspection while in a port or
terminal under the jurisdiction of the United
States.
(d) Onboard inspections; other Federal inspection authority unaffected
An inspection conducted under subsection
(c)(2) of this section is limited to verifying
whether or not a valid certificate is onboard, un-

§ 1904

less clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not
limit the authority of any official or employee
of the United States under any other treaty,
law, or regulation to board and inspect a ship or
its equipment.
(e) Detention orders; duration of detention; shipyard option
In addition to the penalties prescribed in section 1908 of this title, a ship required by the
MARPOL Protocol to have a certificate—
(1) which does not have a valid certificate
onboard; or
(2) whose condition or whose equipment’s
condition does not substantially agree with
the particulars of the certificate onboard;
shall be detained by order of the Secretary at
the port or terminal where the violation is discovered until, in the opinion of the Secretary,
the ship can proceed to sea without presenting
an unreasonable threat of harm to the marine
environment or the public health and welfare.
The detention order may authorize the ship to
proceed to the nearest appropriate available
shipyard rather than remaining at the place
where the violation was discovered.
(f) Ship clearance; refusal or revocation
If a ship is under a detention order under this
section, the Secretary may refuse or revoke the
clearance required by section 60105 of title 46.
(g) Review of detention orders; petition; determination by Secretary
A person whose ship is subject to a detention
order under this section may petition the Secretary, in the manner prescribed by regulation,
to review the detention order. Upon receipt of a
petition under this subsection, the Secretary
shall affirm, modify, or withdraw the detention
order within the time prescribed by regulation.
(h) Compensation for loss or damage
A ship unreasonably detained or delayed by
the Secretary acting under the authority of this
chapter is entitled to compensation for any loss
or damage suffered thereby.
(Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298;
Pub. L. 110–280, § 6, July 21, 2008, 122 Stat. 2614;
Pub. L. 115–232, div. C, title XXXV, § 3548(c), Aug.
13, 2018, 132 Stat. 2328.)
AMENDMENTS
2018—Subsec. (f). Pub. L. 115–232 amended subsec. (f)
generally. Prior to amendment, subsec. (f) related to
refusal or revocation of ship clearance or permits.
2008—Subsec. (a). Pub. L. 110–280, § 6(1), substituted
‘‘Except as provided in section 1903(b)(1) of this title,
the Secretary’’ for ‘‘The Secretary’’.
Subsec. (b). Pub. L. 110–280, § 6(2), substituted ‘‘Secretary or the Administrator under the authority of this
chapter.’’ for ‘‘Secretary under the authority of the
MARPOL Protocol.’’
Subsec. (e). Pub. L. 110–280, § 6(3), substituted ‘‘environment or the public health and welfare.’’ for ‘‘environment.’’ in concluding provisions.
EFFECTIVE DATE
Subsec. (a) of this section effective Oct. 21, 1980, see
section 14(b) of Pub. L. 96–478, set out as a note under
section 1901 of this title.