§ 1902. — Ships subject to preventive measures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1902]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1902. Ships subject to preventive measures
(a) Included vessels
This chapter shall apply--
(1) to a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever located;
(2) with respect to Annexes I and II to the Convention, to a
ship, other than a ship referred to in paragraph (1), while in the
navigable waters of the United States;
(3) with respect to the requirements of Annex V to the
Convention, to a ship, other than a ship referred to in paragraph
(1), while in the navigable waters or the exclusive economic zone of
the United States; and
(4) with respect to regulations prescribed under section 1905 of
this title, any port or terminal in the United States.
(b) Excluded vessels
(1) Except as provided in paragraph (2), this chapter shall not
apply to--
(A) a warship, naval auxiliary, or other ship owned or operated
by the United States when engaged in noncommercial service; or
(B) any other ship specifically excluded by the MARPOL Protocol
or the Antarctic Protocol.
(2)(A) Notwithstanding any provision of the MARPOL Protocol, and
subject to subparagraph (B) of this paragraph, the requirements of Annex
V to the Convention shall apply as follows:
(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned or
operated by the Department of the Navy.
(ii) Except as provided in subsection (c) of this section, after
December 31, 1998, to all ships referred to in paragraph (1)(A) of
this subsection other than submersibles owned or operated by the
Department of the Navy.
(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.
(B) This paragraph shall not apply during time of war or a declared
national emergency.
(c) Discharges in special areas
(1) Except as provided in paragraphs (2) and (3), not later than
December 31, 2000, all surface ships owned or operated by the Department
of the Navy, and not later than December 31, 2008, all submersibles
owned or operated by the Department of the Navy, shall comply with the
special area requirements of Regulation 5 of Annex V to the Convention.
(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special area
requirements of Regulation 5 of Annex V to the Convention, the following
non-plastic, non-floating garbage:
(i) A slurry of seawater, paper, cardboard, or food waste that
is capable of passing through a screen with openings no larger than
12 millimeters in diameter.
(ii) Metal and glass that have been shredded and bagged so as to
ensure negative buoyancy.
(iii) With regard to a submersible, nonplastic garbage that has
been compacted and weighted to ensure negative buoyancy.
(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
(ii) Garbage described in clauses (ii) and (iii) of subparagraph (A)
may not be discharged within 12 nautical miles of land.
(C) This paragraph applies to any ship that is owned or operated by
the Department of the Navy that, as determined by the Secretary of the
Navy--
(i) has unique military design, construction, manning, or
operating requirements; and
(ii) cannot fully comply with the special area requirements of
Regulation 5 of Annex V to the Convention because compliance is not
technologically feasible or would impair the operations or
operational capability of the ship.
(3)(A) Not later than December 31, 2000, the Secretary of the Navy
shall prescribe and publish in the Federal Register standards to ensure
that each ship described in subparagraph (B) is, to the maximum extent
practicable without impairing the operations or operational capabilities
of the ship, operated in a manner that is consistent with the special
area requirements of Regulation 5 of Annex V to the Convention.
(B) Subparagraph (A) applies to surface ships that are owned or
operated by the Department of the Navy that the Secretary plans to
decommission during the period beginning on January 1, 2001, and ending
on December 31, 2005.
(C) At the same time that the Secretary publishes standards under
subparagraph (A), the Secretary shall publish in the Federal Register a
list of the ships covered by subparagraph (B).
(d) Regulations
The Secretary shall prescribe regulations applicable to the ships of
a country not a party to the MARPOL Protocol, including regulations
conforming to and giving effect to the requirements of Annex V as they
apply under subsection (a) of this section, to ensure that their
treatment is not more favorable than that accorded ships to parties to
the MARPOL Protocol.
(e) Compliance by excluded vessels
(1) The Secretary of the Navy shall develop and, as appropriate,
support the development of technologies and practices for solid waste
management aboard ships owned or operated by the Department of the Navy,
including technologies and practices for the reduction of the waste
stream generated aboard such ships, that are necessary to ensure the
compliance of such ships with Annex V to the Convention on or before the
dates referred to in subsections (b)(2)(A) and (c)(1) of this section.
(2) Notwithstanding any effective date of the application of this
section to a ship, the provisions of Annex V to the Convention with
respect to the disposal of plastic shall apply to ships equipped with
plastic processors required for the long-term collection and storage of
plastic aboard ships of the Navy upon the installation of such
processors in such ships.
(3) Except when necessary for the purpose of securing the safety of
the ship, the health of the ship's personnel, or saving life at sea, it
shall be a violation of this chapter for a ship referred to in
subsection (b)(1)(A) of this section that is owned or operated by the
Department of the Navy:
(A) With regard to a submersible, to discharge buoyant garbage
or plastic.
(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship enters
port.
(C) With regard to a surface ship, to discharge plastic, except
plastic that is contaminated by food, during the last 20 days before
the ship enters port.
(4) The Secretary of Defense shall publish in the Federal Register:
(A) Each year, the amount and nature of the discharges in
special areas, not otherwise authorized under this chapter, during
the preceding year from ships referred to in subsection (b)(1)(A) of
this section owned or operated by the Department of the Navy.
(B) Beginning on October 1, 1996, and each year thereafter until
October 1, 1998, a list of the names of such ships equipped with
plastic processors pursuant to section 1003(e) of the National
Defense Authorization Act for Fiscal Year 1994.
(f) Waiver authority
The President may waive the effective dates of the requirements set
forth in subsection (c) of this section and in subsection 1003(e) of the
National Defense Authorization Act for Fiscal Year 1994 if the President
determines it to be in the paramount interest of the United States to do
so. Any such waiver shall be for a period not in excess of one year. The
President shall submit to the Congress each January a report on all
waivers from the requirements of this section granted during the
preceding calendar year, together with the reasons for granting such
waivers.
(g) Noncommercial shipping standards
The heads of Federal departments and agencies shall prescribe
standards applicable to ships excluded from this chapter by subsection
(b)(1) of this section and for which they are responsible. Standards
prescribed under this subsection shall ensure, so far as is reasonable
and practicable without impairing the operations or operational
capabilities of such ships, that such ships act in a manner consistent
with the MARPOL Protocol.
(Pub. L. 96-478, Sec. 3, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100-220,
title II, Sec. 2102, Dec. 29, 1987, 101 Stat. 1461; Pub. L. 103-160,
div. A, title X, Sec. 1003(a)-(d), Nov. 30, 1993, 107 Stat. 1745-1747;
Pub. L. 104-201, div. A, title III, Sec. 324(a), (d), Sept. 23, 1996,
110 Stat. 2480, 2481; Pub. L. 104-227, title II, Sec. 201(b), Oct. 2,
1996, 110 Stat. 3042; Pub. L. 105-261, div. A, title III, Sec. 326, Oct.
17, 1998, 112 Stat. 1965.)
References in Text
Section 1003(e) of the National Defense Authorization Act for Fiscal
Year 1994, referred to in subsecs. (e)(4)(B) and (f), is section 1003(e)
of Pub. L. 103-160, which is set out below.
Amendments
1998--Subsec. (c)(2)(A)(iii). Pub. L. 105-261, Sec. 326(a)(1), added
cl. (iii).
Subsec. (c)(2)(B)(ii). Pub. L. 105-261, Sec. 326(a)(2), substituted
``clauses (ii) and (iii) of subparagraph (A)'' for ``subparagraph
(A)(ii)''.
Subsec. (e)(3)(A). Pub. L. 105-261, Sec. 326(b), struck out
``garbage that contains more than the minimum amount practicable of''
after ``buoyant garbage or''.
1996--Subsec. (b)(1)(B). Pub. L. 104-227 inserted ``or the Antarctic
Protocol'' after ``MARPOL Protocol''.
Subsec. (c)(1). Pub. L. 104-201, Sec. 324(a)(1), substituted
``Except as provided in paragraphs (2) and (3), not later than'' for
``Not later than''.
Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 324(a)(2), added pars.
(2) and (3) and struck out former pars. (2) to (4) which required the
Secretary of the Navy to submit to Congress a plan for compliance of
Navy ships with the requirements set forth in par. (1) of this subsec.
and provided for modification of the applicability of par. (1) as
appropriate.
Subsec. (e)(4)(A). Pub. L. 104-201, Sec. 324(d), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``Beginning
on October 1, 1994, and each year thereafter until October 1, 2000, the
amount and nature of the discharges in special areas, not otherwise
authorized under Annex V to the Convention, during the preceding year
from ships referred to in subsection (b)(1)(A) of this section owned or
operated by the Department of the Navy.''
1993--Subsec. (b)(2)(A). Pub. L. 103-160, Sec. 1003(a), substituted
``as follows:'' and cls. (i) to (iii) for ``after 5 years after the
effective date of this paragraph to a ship referred to in paragraph
(1)(A).''
Subsecs. (c), (d). Pub. L. 103-160, Sec. 1003(b), added subsec. (c)
and redesignated former subsec. (c) as (d). Former subsec. (d)
redesignated (g).
Subsecs. (e), (f). Pub. L. 103-160, Sec. 1003(c), (d), added
subsecs. (e) and (f).
Subsec. (g). Pub. L. 103-160, Sec. 1003(b)(1), redesignated subsec.
(d) as (g).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2102(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``This
chapter applies to--
``(1) a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever located;
``(2) a ship registered in or of the nationality of a country
party to the MARPOL Protocol, or one operated under the authority of
a country party to the MARPOL Protocol, while in the navigable
waters of the United States; and
``(3) a ship registered in or of the nationality of a country
not a party to the MARPOL Protocol, under subsection (c) of this
section, while in the navigable waters of the United States.''
Subsec. (b). Pub. L. 100-220, Sec. 2102(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``This
chapter does not apply to--
``(1) a warship, naval auxiliary, or other ship owned or
operated by the United States when engaged in noncommercial service;
or
``(2) any other ship specifically excluded by the MARPOL
Protocol.''
Subsec. (c). Pub. L. 100-220, Sec. 2102(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary shall prescribe regulations applicable to the ships of a
country not a party to the MARPOL Protocol to ensure that their
treatment is not more favorable than that accorded ships of parties to
the MARPOL Protocol.''
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United States,
see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.
Effective Date
Subsecs. (c) and (d) of this section effective Oct. 21, 1980, see
section 14(b) of Pub. L. 96-478, set out as a note under section 1901 of
this title.
Installation Schedule for Plastics Processor Equipment Aboard Ships;
Request for Proposals for Equipment
Section 1003(e) of Pub. L. 103-160 provided that:
``(1) Not later than October 1, 1994, the Secretary of the Navy
shall release a request for proposals for equipment (hereinafter in this
subsection referred to as `plastics processor') required for the long-
term collection and storage of plastic aboard ships owned or operated by
the Navy.
``(2) Not later than July 1, 1996, the Secretary shall install the
first production unit of the plastics processor on board a ship owned or
operated by the Navy.
``(3) Not later than March 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 25 percent of
the ships owned or operated by the Navy that require plastics processors
to comply with section 3 of the Act to Prevent Pollution from Ships [33
U.S.C. 1902], as amended by subsections (a), (b), and (c) of this
section.
``(4) Not later than July 1, 1997, the Secretary shall complete the
installation of plastics processors on board not less than 50 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
``(5) Not later than July 1, 1998, the Secretary shall complete the
installation of plastics processors on board not less than 75 percent of
the ships owned or operated by the Navy that require processors to
comply with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
``(6) Not later than December 31, 1998, the Secretary shall complete
the installation of plastics processors on board all ships owned or
operated by the Navy that require processors to comply with section 3 of
such Act, as amended by subsections (a), (b), and (c) of this section.''
Section Referred to in Other Sections
This section is referred to in sections 1903, 1907, 1913 of this
title.
