-CITE-
    33 USC CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS      01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
              CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS          

-MISC1-
    Sec.                                                     
    1901.       Definitions.                                          
    1902.       Ships subject to preventive measures.                 
    1902a.      Discharge of agricultural cargo residue.              
    1903.       Administration and enforcement.                       
    1904.       Certificates.                                         
    1905.       Pollution reception facilities.                       
    1906.       Incidents involving ships.                            
    1907.       Violations.                                           
    1908.       Penalties for violations.                             
    1909.       MARPOL Protocol; proposed amendments.                 
    1910.       Legal actions.                                        
    1911.       Authority of Secretary under port and tanker safety
                 program unaffected.                                  
    1912.       International law.                                    
    1913.       Compliance reports.                                   
    1914.       Coordination.                                         
    1915.       Plastic pollution public education program.           

-End-

-CITE-
    33 USC Sec. 1901                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1901. Definitions

-STATUTE-
      (a) Unless the context indicates otherwise, as used in this
    chapter - 
        (1) "Antarctica" means the area south of 60 degrees south
      latitude;
        (2) "Antarctic Protocol" means the Protocol on Environmental
      Protection to the Antarctic Treaty, signed October 4, 1991, in
      Madrid, and all annexes thereto, and includes any future
      amendments thereto which have entered into force;
        (3) "MARPOL Protocol" means the Protocol of 1978 relating to
      the International Convention for the Prevention of Pollution from
      Ships, 1973, and includes the Convention;
        (4) "Convention" means the International Convention for the
      Prevention of Pollution from Ships, 1973, including Protocols I
      and II and Annexes I, II, and V thereto, including any
      modification or amendments to the Convention, Protocols, or
      Annexes which have entered into force for the United States;
        (5) "discharge" and "garbage" and "harmful substance" and
      "incident" shall have the meanings provided in the Convention;
        (6) "owner" means any person holding title to, or in the
      absence of title, any other indicia of ownership of, a ship or
      terminal, but does not include a person who, without
      participating in the management or operation of a ship or
      terminal, holds indicia of ownership primarily to protect a
      security interest in the ship or terminal;
        (7) "operator" means - 
          (a) in the case of a ship, a charterer by demise or any other
        person, except the owner, who is responsible for the operation,
        manning, victualing, and supplying of the vessel, or
          (b) in the case of a terminal, any person, except the owner,
        responsible for the operation of the terminal by agreement with
        the owner;

        (8) "person" means an individual, firm, public or private
      corporation, partnership, association, State, municipality,
      commission, political subdivision of a State, or any interstate
      body;
        (9) "Secretary" means the Secretary of the department in which
      the Coast Guard is operating;
        (10) "ship" means a vessel of any type whatsoever, including
      hydrofoils, air-cushion vehicles, submersibles, floating craft
      whether self-propelled or not, and fixed or floating platforms;
        (11) "submersible" means a submarine, or any other vessel
      designed to operate under water; and
        (12) "terminal" means an onshore facility or an offshore
      structure located in the navigable waters of the United States or
      subject to the jurisdiction of the United States and used, or
      intended to be used, as a port or facility for the transfer or
      other handling of a harmful substance.

      (b) For purposes of this chapter, the requirements of Annex V
    shall apply to the navigable waters of the United States, as well
    as to all other waters and vessels over which the United States has
    jurisdiction.
      (c) For the purposes of this chapter, the requirements of Annex
    IV to the Antarctic Protocol shall apply in Antarctica to all
    vessels over which the United States has jurisdiction.

-SOURCE-
    (Pub. L. 96-478, Sec. 2, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100-
    220, title II, Sec. 2101, Dec. 29, 1987, 101 Stat. 1460; Pub. L.
    103-160, div. A, title X, Sec. 1003(f), Nov. 30, 1993, 107 Stat.
    1748; Pub. L. 104-227, title II, Sec. 201(a), Oct. 2, 1996, 110
    Stat. 3042.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, known
    as the "Act to Prevent Pollution from Ships". For complete
    classification of this Act to the Code, see Short Title note below
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(a)(1), (2), added
    pars. (1) and (2) and redesignated former pars. (1) to (10) as (3)
    to (12), respectively.
      Subsec. (c). Pub. L. 104-227, Sec. 201(a)(3), added subsec. (c).
      1993 - Subsec. (a)(9), (10). Pub. L. 103-160 added par. (9) and
    redesignated former par. (9) as (10).
      1987 - Subsec. (a). Pub. L. 100-220, Sec. 2101(1), designated
    existing provisions as subsec. (a).
      Subsec. (a)(1). Pub. L. 100-220, Sec. 2101(2), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: " 'MARPOL
    Protocol' means the Protocol of 1978 Relating to the International
    Convention for the Prevention of Pollution from Ships, 1973, done
    at London on February 17, 1978. This Protocol incorporates and
    modifies the International Convention for the Prevention of
    Pollution from Ships, 1973, done at London on November 2, 1973;".
      Subsec. (a)(2). Pub. L. 100-220, Sec. 2101(3), substituted
    "Annexes I, II, and V thereto, including any modification or
    amendments to the Convention, Protocols, or Annexes which have
    entered into force for the United States" for "Annexes I and II
    attached thereto".
      Subsec. (a)(3). Pub. L. 100-220, Sec. 2101(4), inserted "and
    'garbage' ".
      Subsec. (b). Pub. L. 100-220, Sec. 2101(5), added subsec. (b).

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 2002 of title II of Pub. L. 100-220 provided that:
      "(a) In General. - Except as provided in subsections (b) and (c),
    this title [enacting sections 1912 to 1915 of this title, amending
    this section and sections 1902, 1903, 1905, and 1907 to 1909 of
    this title, and enacting provisions set out as notes under this
    section, section 2267 of this title, and section 6981 of Title 42,
    The Public Health and Welfare] shall be effective on the date on
    which Annex V to the International Convention for the Prevention of
    Pollution from Ships, 1973, enters into force for the United
    States. [Annex V entered into force for the United States Dec. 31,
    1988.]
      "(b) Exceptions. - Sections 2001, 2002, 2003, 2108, 2202, 2203,
    2204, and subtitle C of this title [enacting sections 1912, 1914,
    and 1915 of this title, and provisions set out as notes under this
    section, section 2267 of this title, and section 6981 of Title 42]
    shall be effective on the date of the enactment of this title [Dec.
    29, 1987].
      "(c) Issuance of Regulations. - 
        "(1) In general. - The authority to prescribe regulations
      pursuant to this title shall be effective on the date of
      enactment of this title [Dec. 29, 1987].
        "(2) Effective date of regulations. - Any regulation prescribed
      pursuant to this title shall not be effective before the
      effective date of the provision of this title under which the
      regulation is prescribed."

                              EFFECTIVE DATE                          
      Section 14(a), (b) of Pub. L. 96-478 provided:
      "(a) Except as provided in subsection (b) of this section, this
    Act [see Short Title note below] is effective upon the date of
    enactment [Oct. 21, 1980], or on the date the MARPOL Protocol
    becomes effective as to the United States, whichever is later. [The
    MARPOL Protocol became effective as to the United States Oct. 2,
    1983.]
      "(b) The Secretary and the heads of Federal departments shall
    have the authority to issue regulations, standards, and
    certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 6(c),
    and 6(f) [sections 1902(c), (d), 1903(b), 1904(a), and 1905(a),
    (c), (f) of this title] effective on the date of enactment of this
    Act [Oct. 21, 1980]. Section 13(a)(2) [amending section 391a(3)(E)
    of former Title 46, Shipping] is effective upon the date of
    enactment of this Act [Oct. 21, 1980]."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Section 2001 of title II of Pub. L. 100-220 provided that: "This
    title [see Effective Date of 1987 Amendment note above] may be
    cited as the 'Marine Plastic Pollution Research and Control Act of
    1987'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 96-478 provided: "That this Act [enacting
    this chapter, amending section 1321 of this title and section
    742c(c) of Title 16, Conservation, and section 391a of former Title
    46, Shipping, repealing sections 1001 to 1011 and 1013 to 1016 of
    this title, and enacting provisions set out as notes under section
    1001 of this title, and section 742c of Title 16] may be cited as
    the 'Act to Prevent Pollution from Ships'."

         SAVINGS PROVISION: REGULATIONS IN EFFECT UNTIL SUPERSEDED     
      Section 14(c) of Pub. L. 96-478 provided that: "Any rights or
    liabilities existing on the effective date of this Act [see
    Effective Date note above] shall not be affected by this enactment
    [see Short Title note above]. Any regulations or procedures
    promulgated or effected pursuant to the Oil Pollution Act, 1961, as
    amended [section 1001 et seq. of this title], remain in effect
    until modified or superseded by regulations promulgated under the
    authority of the MARPOL Protocol or this Act."

-TRANS-
                           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.

-MISC2-
           INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL       
      Pub. L. 108-293, title VI, Sec. 623, Aug. 9, 2004, 118 Stat.
    1063, provided that:
      "(a) Extension of Interim Authority. - The Secretary of the
    Department in which the Coast Guard is operating shall continue to
    implement and enforce United States Coast Guard 1997 Enforcement
    Policy for Cargo Residues on the Great Lakes (hereinafter in this
    section referred to as the 'Policy') or revisions thereto, in
    accordance with that policy, for the purpose of regulating
    incidental discharges from vessels of residues of dry bulk cargo
    into the waters of the Great Lakes under the jurisdiction of the
    United States, until the earlier of - 
        "(1) the date regulations are promulgated under subsection (b)
      for the regulation of incidental discharges from vessels of dry
      bulk cargo residue into the waters of the Great Lakes under the
      jurisdiction of the United States; or
        "(2) September 30, 2008.
      "(b) Permanent Authority. - Notwithstanding any other law, the
    Commandant of the Coast Guard may promulgate regulations governing
    the discharge of dry bulk cargo residue on the Great Lakes.
      "(c) Environmental Assessment. - No later than 90 days after the
    date of the enactment of this Act [Aug. 9, 2004], the Secretary of
    the department in which the Coast Guard is operating shall commence
    the environmental assessment necessary to promulgate the
    regulations under subsection (b)."

            STUDY AND REGULATION OF GREAT LAKES CARGO RESIDUES        
      Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1117(b), (c)], Dec.
    21, 2000, 114 Stat. 2763, 2763A-209, provided that:
      "(b) The Secretary shall conduct a study of the effectiveness of
    the United States 1997 Enforcement Policy for Cargo Residues on the
    Great Lakes ('Policy') by September 30, 2002.
      "(c) The Secretary is authorized to promulgate regulations to
    implement and enforce a program to regulate incidental discharges
    from vessels of residues of non-hazardous and non-toxic dry bulk
    cargo into the waters of the Great Lakes, which takes into account
    the finding in the study required under subsection (b). This
    program shall be consistent with the Policy."

                  CERTAIN ALASKAN CRUISE SHIP OPERATIONS              
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XIV], Dec. 21, 2000,
    114 Stat. 2763, 2763A-315, provided that:

      "SEC. 1401. PURPOSE.
      "The purpose of this title is to:
        "(1) Ensure that cruise vessels operating in the waters of the
      Alexander Archipelago and the navigable waters of the United
      States within the State of Alaska and within the Kachemak Bay
      National Estuarine Research Reserve comply with all applicable
      environmental laws, including, but not limited to, the Federal
      Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.),
      the Act to Prevent Pollution from Ships, as amended (33 U.S.C.
      1901 et seq.), and the protections contained within this title.
        "(2) Ensure that cruise vessels do not discharge untreated
      sewage within the waters of the Alexander Archipelago, the
      navigable waters of the United States in the State of Alaska, or
      within the Kachemak Bay National Estuarine Research Reserve.
        "(3) Prevent the unregulated discharge of treated sewage and
      graywater while in ports in the State of Alaska or traveling near
      the shore in the Alexander Archipelago and the navigable waters
      of the United States in the State of Alaska or within the
      Kachemak Bay National Estuarine Research Reserve.
        "(4) Ensure that discharges of sewage and graywater from cruise
      vessels operating in the Alexander Archipelago and the navigable
      waters of the United States in the State of Alaska or within the
      Kachemak Bay National Estuarine Research Reserve can be monitored
      for compliance with the requirements contained in this title.

      "SEC. 1402. APPLICABILITY.
      "This title applies to all cruise vessels authorized to carry 500
    or more passengers for hire.

      "SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.
      "No person shall discharge any untreated sewage from a cruise
    vessel into the waters of the Alexander Archipelago or the
    navigable waters of the United States within the State of Alaska or
    within the Kachemak Bay National Estuarine Research Reserve.

      "SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR
        GRAYWATER.
      "(a) No person shall discharge any treated sewage or graywater
    from a cruise vessel into the waters of the Alexander Archipelago
    or the navigable waters of the United States within the State of
    Alaska or within the Kachemak Bay National Estuarine Research
    Reserve unless - 
        "(1) the cruise vessel is underway and proceeding at a speed of
      not less than six knots;
        "(2) the cruise vessel is not less than one nautical mile from
      the nearest shore, except in areas designated by the Secretary,
      in consultation with the State of Alaska;
        "(3) the discharge complies with all applicable cruise vessel
      effluent standards established pursuant to this title and any
      other applicable law; and
        "(4) the cruise vessel is not in an area where the discharge of
      treated sewage or graywater is prohibited.
      "(b) The Administrator, in consultation with the Secretary, may
    promulgate regulations allowing the discharge of treated sewage or
    graywater, otherwise prohibited under paragraphs (a)(1) and (a)(2)
    of this section, where the discharge meets effluent standards
    determined by the Administrator as appropriate for discharges into
    the marine environment. In promulgating such regulations, the
    Administrator shall take into account the best available scientific
    information on the environmental effects of the regulated
    discharges. The effluent discharge standards promulgated under this
    section shall, at a minimum, be consistent with all relevant State
    of Alaska water quality standards in force at the time of the
    enactment of this title [Dec. 21, 2000].
      "(c) Until such time as the Administrator promulgates regulations
    under paragraph (b) of this section, treated sewage and graywater
    may be discharged from vessels subject to this title in
    circumstances otherwise prohibited under paragraphs (a)(1) and
    (a)(2) of this section, provided that - 
        "(1) the discharge satisfies the minimum level of effluent
      quality specified in 40 CFR 133.102, as in effect on the date of
      enactment of this section [Dec. 21, 2000];
        "(2) the geometric mean of the samples from the discharge
      during any 30-day period does not exceed 20 fecal coliform/100 ml
      and not more than 10 percent of the samples exceed 40 fecal
      coliform/100 ml;
        "(3) concentrations of total residual chlorine may not exceed
      10.0 &micro;g/l; and
        "(4) prior to any such discharge occurring, the owner, operator
      or master, or other person in charge of a cruise vessel, can
      demonstrate test results from at least five samples taken from
      the vessel representative of the effluent to be discharged, on
      different days over a 30-day period, conducted in accordance with
      the guidelines promulgated by the Administrator in 40 CFR Part
      136, which confirm that the water quality of the effluents
      proposed for discharge is in compliance with paragraphs (1), (2),
      and (3) of this subsection. To the extent not otherwise being
      done by the owner, operator, master or other person in charge of
      a cruise vessel pursuant to section 1406, the owner, operator,
      master or other person in charge of a cruise vessel shall
      demonstrate continued compliance through periodic sampling. Such
      sampling and test results shall be considered environmental
      compliance records that must be made available for inspection
      pursuant to section 1406(d) of this title.

      "SEC. 1405. SAFETY EXCEPTION.
      "Sections 1403 and 1404 of this title shall not apply to
    discharges made for the purpose of securing the safety of the
    cruise vessel or saving life at sea, provided that all reasonable
    precautions have been taken for the purpose of preventing or
    minimizing the discharge.

      "SEC. 1406. INSPECTION AND SAMPLING REGIME.
      "(a) The Secretary shall incorporate into the commercial vessel
    examination program an inspection regime sufficient to verify that
    cruise vessels visiting ports in the State of Alaska or operating
    in the waters of the Alexander Archipelago or the navigable waters
    of the United States within the State of Alaska or within the
    Kachemak Bay National Estuarine Research Reserve are in full
    compliance with this title, the Federal Water Pollution Control Act
    [33 U.S.C. 1251 et seq.], as amended, and any regulations issued
    thereunder, other applicable Federal laws and regulations, and all
    applicable international treaty requirements.
      "(b) The inspection regime shall, at a minimum, include - 
        "(1) examination of environmental compliance records and
      procedures; and
        "(2) inspection of the functionality and proper operation of
      installed equipment for abatement and control of any discharge.
      "(c) The inspection regime may - 
        "(1) include unannounced inspections of any aspect of cruise
      vessel operations, equipment or discharges pertinent to the
      verification under subsection (a) of this section; and
        "(2) require the owner, operator or master, or other person in
      charge of a cruise vessel subject to this title to maintain and
      produce a logbook detailing the times, types, volumes or flow
      rates and locations of any discharges of sewage or graywater
      under this title.
      "(d) The inspection regime shall incorporate a plan for sampling
    and testing cruise vessel discharges to ensure that any discharges
    of sewage or graywater are in compliance with this title, the
    Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], as
    amended, and any other applicable laws and regulations, and may
    require the owner, operator or master, or other person in charge of
    a cruise vessel subject to this title to conduct such samples or
    tests, and to produce any records of such sampling or testing at
    the request of the Secretary or Administrator.

      "SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.
      "Pursuant to this title and the authority of the Federal Water
    Pollution Control Act [33 U.S.C. 1251 et seq.], as amended, the
    Administrator may promulgate effluent standards for treated sewage
    and graywater from cruise vessels operating in the waters of the
    Alexander Archipelago or the navigable waters of the United States
    within the State of Alaska or within the Kachemak Bay National
    Estuarine Research Reserve. Regulations implementing such standards
    shall take into account the best available scientific information
    on the environmental effects of the regulated discharges and the
    availability of new technologies for wastewater treatment. Until
    such time as the Administrator promulgates such effluent standards,
    treated sewage effluent discharges shall not have a fecal coliform
    bacterial count of greater than 200 per 100 milliliters nor
    suspended solids greater than 150 milligrams per liter.

      "SEC. 1408. REPORTS.
      "(a) Any owner, operator or master, or other person in charge of
    a cruise vessel who has knowledge of a discharge from the cruise
    vessel in violation of section 1403 or 1404 or pursuant to section
    1405 of this title, or any regulations promulgated thereunder,
    shall immediately report that discharge to the Secretary, who shall
    provide a copy to the Administrator upon request.
      "(b) The Secretary may prescribe the form of reports required
    under this section.

      "SEC. 1409. ENFORCEMENT.
      "(a) Administrative Penalties. - 
        "(1) Violations. - Any person who violates section 1403, 1404,
      1408, or 1413 of this title, or any regulations promulgated
      pursuant to this title may be assessed a class I or class II
      civil penalty by the Secretary or Administrator.
        "(2) Classes of penalties. - 
          "(A) Class i. - The amount of a class I civil penalty under
        this section may not exceed $10,000 per violation, except that
        the maximum amount of any class I civil penalty under this
        section shall not exceed $25,000. Before assessing a civil
        penalty under this clause, the Secretary or Administrator, as
        the case may be, shall give to the person to be assessed such
        penalty written notice of the Secretary's or Administrator's
        proposal to assess the penalty and the opportunity to request,
        within 30 days of the date the notice is received by such
        person, a hearing on the proposed penalty. Such hearing shall
        not be subject to section 554 or 556 of title 5, but shall
        provide a reasonable opportunity to be heard and to present
        evidence.
          "(B) Class ii. - The amount of a class II civil penalty under
        this section may not exceed $10,000 per day for each day during
        which the violation continues, except that the maximum amount
        of any class II civil penalty under this section shall not
        exceed $125,000. Except as otherwise provided in this
        subsection, a class II civil penalty shall be assessed and
        collected in the same manner, and subject to the same
        provisions as in the case of civil penalties assessed and
        collected after notice and an opportunity for a hearing on the
        record in accordance with section 554 of title 5, United States
        Code. The Secretary and Administrator may issue rules for
        discovery procedures for hearings under this paragraph.
        "(3) Rights of interested persons. - 
          "(A) Public notice. - Before issuing an order assessing a
        class II civil penalty under this section, the Secretary or
        Administrator, as the case may be, shall provide public notice
        of and reasonable opportunity to comment on the proposed
        issuance of each order.
          "(B) Presentation of evidence. - Any person who comments on a
        proposed assessment of a class II civil penalty under this
        section shall be given notice of any hearing held under this
        paragraph and of the order assessing such penalty. In any
        hearing held under this paragraph, such person shall have a
        reasonable opportunity to be heard and present evidence.
          "(C) Rights of interested persons to a hearing. - If no
        hearing is held under subsection (2) before issuance of an
        order assessing a class II civil penalty under this section,
        any person who commented on the proposed assessment may
        petition, within 30 days after the issuance of such order, the
        Administrator or Secretary, as the case may be, to set aside
        such order and to provide a hearing on the penalty. If the
        evidence presented by the petitioner in support of the petition
        is material and was not considered in the issuance of the
        order, the Administrator or Secretary shall immediately set
        aside such order and provide a hearing in accordance with
        subsection (2)(B). If the Administrator or Secretary denies a
        hearing under this clause, the Administrator or Secretary shall
        provide to the petitioner, and publish in the Federal Register,
        notice of and the reasons for such denial.
        "(4) Finality of order. - An order assessing a class II civil
      penalty under this paragraph shall become final 30 days after its
      issuance unless a petition for judicial review is filed under
      subparagraph (6) or a hearing is requested under subsection
      (3)(C). If such a hearing is denied, such order shall become
      final 30 days after such denial.
        "(5) Effect of action on compliance. - No action by the
      Administrator or Secretary under this paragraph shall affect any
      person's obligation to comply with any section of this title.
        "(6) Judicial review. - Any person against whom a civil penalty
      is assessed under this paragraph or who commented on the proposed
      assessment of such penalty in accordance with subsection (3) may
      obtain review of such assessment - 
          "(A) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the District of Alaska; or
          "(B) in the case of assessment of a class II civil penalty,
        in the United States Court of Appeals for the District of
        Columbia Circuit or for any other circuit in which such person
        resides or transacts business, by filing a notice of appeal in
        such court within the 30-day period beginning on the date the
        civil penalty order is issued and by simultaneously sending a
        copy of such notice by certified mail to the Administrator or
        Secretary, as the case may be, and the Attorney General. The
        Administrator or Secretary shall promptly file in such court a
        certified copy of the record on which the order was issued.
        Such court shall not set aside or remand such order unless
        there is not substantial evidence in the record, taken as a
        whole, to support the finding of a violation or unless the
        Administrator's or Secretary's assessment of the penalty
        constitutes an abuse of discretion and shall not impose
        additional civil penalties for the same violation unless the
        Administrator's or Secretary's assessment of the penalty
        constitutes an abuse of discretion.
        "(7) Collection. - If any person fails to pay an assessment of
      a civil penalty - 
          "(A) after the assessment has become final, or
          "(B) after a court in an action brought under subsection (6)
        has entered a final judgment in favor of the Administrator or
        Secretary, as the case may be, the Administrator or Secretary
        shall request the Attorney General to bring a civil action in
        an appropriate district court to recover the amount assessed
        (plus interest at currently prevailing rates from the date of
        the final order or the date of the final judgment, as the case
        may be). In such an action, the validity, amount, and
        appropriateness of such penalty shall not be subject to review.
        Any person who fails to pay on a timely basis the amount of an
        assessment of a civil penalty as described in the first
        sentence of this subparagraph shall be required to pay, in
        addition to such amount and interest, attorneys fees and costs
        for collection proceedings and a quarterly nonpayment penalty
        for each quarter during which such failure to pay persists.
        Such nonpayment penalty shall be in an amount equal to 20
        percent of the aggregate amount of such person's penalties and
        nonpayment penalties which are unpaid as of the beginning of
        such quarter.
        "(8) Subpoenas. - The Administrator or Secretary, as the case
      may be, may issue subpoenas for the attendance and testimony of
      witnesses and the production of relevant papers, books, or
      documents in connection with hearings under this section. In case
      of contumacy or refusal to obey a subpoena issued pursuant to
      this subsection and served upon any person, the district court of
      the United States for any district in which such person is found,
      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 before the Administrator or Secretary or to appear and
      produce documents before the Administrator or Secretary, or both,
      and any failure to obey such order of the court may be punished
      by such court as a contempt thereof.
      "(b) Civil Penalties. - 
        "(1) In general. - Any person who violates section 1403, 1404,
      1408, or 1413 of this title, or any regulations promulgated
      pursuant to this title shall be subject to a civil penalty not to
      exceed $25,000 per day for each violation. Each day a violation
      continues constitutes a separate violation.
        "(2) Jurisdiction. - An action to impose a civil penalty under
      this section may be brought in the district court of the United
      States for the district in which the defendant is located,
      resides, or transacts business, and such court shall have
      jurisdiction to assess such penalty.
        "(3) Limitation. - A person is not liable for a civil judicial
      penalty under this paragraph for a violation if the person has
      been assessed a civil administrative penalty under paragraph (a)
      for the violation.
      "(c) Determination of Amount. - In determining the amount of a
    civil penalty under paragraphs (a) or (b) of this section, the
    court, the Secretary or the Administrator, as the case may be,
    shall consider the seriousness of the violation or violations, the
    economic benefit (if any) resulting from the violation, any history
    of such violations, any good-faith efforts to comply with the
    applicable requirements, the economic impact of the penalty on the
    violator, and other such matters as justice may require.
      "(d) Criminal Penalties. - 
        "(1) Negligent violations. - Any person who negligently
      violates section 1403, 1404, 1408, or 1413 of this title, or any
      regulations promulgated pursuant to this title commits a Class A
      misdemeanor.
        "(2) Knowing violations. - Any person who knowingly violates
      section 1403, 1404, 1408, or 1413 of this title, or any
      regulations promulgated pursuant to this title commits a Class D
      felony.
        "(3) False statements. - Any person who knowingly makes any
      false statement, representation, or certification in any record,
      report or other document filed or required to be maintained under
      this title or the regulations issued thereunder, or who
      falsifies, tampers with, or knowingly renders inaccurate any
      testing or monitoring device or method required to be maintained
      under this title, or the regulations issued thereunder, commits a
      Class D felony.
      "(e) Awards. - 
        "(1) The Secretary, the Administrator, or the court, when
      assessing any fines or civil penalties, as the case may be, may
      pay from any fines or civil penalties collected under this
      section an amount not to exceed one-half of the penalty or fine
      collected, to any individual who furnishes information which
      leads to the payment of the penalty or fine. If several
      individuals provide such information, the amount shall be divided
      equitably among such individuals. No officer or employee of the
      United States, the State of Alaska or any federally recognized
      Tribe who furnishes information or renders service in the
      performance of his or her official duties shall be eligible for
      payment under this subsection.
        "(2) The Secretary, Administrator or the court, when assessing
      any fines or civil penalties, as the case may be, may pay, from
      any fines or civil penalties collected under this section, to the
      State of Alaska or to any federally recognized Tribe providing
      information or investigative assistance which leads to payment of
      the penalty or fine, an amount which reflects the level of
      information or investigative assistance provided. Should the
      State of Alaska or a federally recognized Tribe and an individual
      under paragraph (1) of this section be eligible for an award, the
      Secretary, the Administrator, or the court, as the case may be,
      shall divide the amount equitably.
      "(f) Liability in Rem. - A cruise vessel operated in violation of
    this title or the regulations issued thereunder is liable in rem
    for any fine imposed under subsection (d) of this section or for
    any civil penalty imposed under subsections (a) or (b) of this
    section, and may be proceeded against in the United States district
    court of any district in which the cruise vessel may be found.
      "(g) Compliance Orders. - 
        "(1) In general. - Whenever on the basis of any information
      available to him the Administrator finds that any person is in
      violation of section 1403, 1404, 1408, or 1413 of this title, or
      any regulations promulgated pursuant to this title, the
      Administrator shall issue an order requiring such person to
      comply with such section or requirement, or shall bring a civil
      action in accordance with subsection (b).
        "(2) Copies of orders, service. - A copy of any order issued
      under this subsection shall be sent immediately by the
      Administrator to the State of Alaska. In any case in which an
      order under this subsection is issued to a corporation, a copy of
      such order shall be served on any appropriate corporate officer.
      Any order issued under this subsection shall be by personal
      service, shall state with reasonable specificity the nature of
      the violation, and shall specify a time for compliance not to
      exceed 30 days in the case of a violation of an interim
      compliance schedule or operation and maintenance requirement and
      not to exceed a time the Administrator determines to be
      reasonable in the case of a violation of a final deadline, taking
      into account the seriousness of the violation and any good faith
      efforts to comply with applicable requirements.
      "(h) Civil Actions. - The Administrator is authorized to commence
    a civil action for appropriate relief, including a permanent or
    temporary injunction, for any violation for which he is authorized
    to issue a compliance order under this subsection. Any action under
    subsection (h) may be brought in the district court of the United
    States for the district in which the defendant is located or
    resides or is doing business, and such court shall have
    jurisdiction to restrain such violation and to require compliance.
    Notice of the commencement of such action shall be given
    immediately to the State of Alaska.

      "SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.
      "If the State of Alaska determines that the protection and
    enhancement of the quality of some or all of the waters of the
    Alexander Archipelago or the navigable waters of the United States
    within the State of Alaska or within the Kachemak Bay National
    Estuarine Research Reserve require greater environmental
    protection, the State of Alaska may petition the Administrator to
    prohibit the discharge of graywater and sewage from cruise vessels
    operating in such waters. The establishment of such a prohibition
    shall be achieved in the same manner as the petitioning process and
    prohibition of the discharge of sewage pursuant to section 312(f)
    of the Federal Water Pollution Control Act [33 U.S.C. 1322(f)], as
    amended, and the regulations promulgated thereunder.

      "SEC. 1411. SAVINGS CLAUSE.
      "(a) Nothing in this title shall be construed as restricting,
    affecting, or amending any other law or the authority of any
    department, instrumentality, or agency of the United States.
      "(b) Nothing in this title shall in any way affect or restrict,
    or be construed to affect or restrict, the authority of the State
    of Alaska or any political subdivision thereof - 
        "(1) to impose additional liability or additional requirements;
      or
        "(2) to impose, or determine the amount of a fine or penalty
      (whether criminal or civil in nature) for any violation of law;
      relating to the discharge of sewage (whether treated or
      untreated) or graywater in the waters of the Alexander
      Archipelago and the navigable waters of the United States within
      the State of Alaska or within the Kachemak Bay National Estuarine
      Research Reserve.

      "SEC. 1412. REGULATIONS.
      "The Secretary and the Administrator each may prescribe any
    regulations necessary to carry out the provisions of this title.

      "SEC. 1413. INFORMATION GATHERING AUTHORITY.
      "The authority of sections 308(a) and (b) of the Federal Water
    Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall
    be available to the Administrator to carry out the provisions of
    this title. The Administrator and the Secretary shall minimize, to
    the extent practicable, duplication of or inconsistency with the
    inspection, sampling, testing, recordkeeping, and reporting
    requirements established by the Secretary under section 1406 of
    this title.

      "SEC. 1414. DEFINITIONS.
      "In this title:
        "(1) Administrator. - The term 'Administrator' means the
      Administrator of the United States Environmental Protection
      Agency.
        "(2) Cruise vessel. - The term 'cruise vessel' means a
      passenger vessel as defined in section 2101(22) of title 46,
      United States Code. The term 'cruise vessel' does not include a
      vessel of the United States operated by the Federal Government or
      a vessel owned and operated by the government of a State.
        "(3) Discharge. - The term 'discharge' means any release
      however caused from a cruise vessel, and includes any escape,
      disposal, spilling, leaking, pumping, emitting, or emptying.
        "(4) Graywater. - The term 'graywater' means only galley,
      dishwasher, bath, and laundry waste water. The term does not
      include other wastes or waste streams.
        "(5) Navigable waters. - The term 'navigable waters' has the
      same meaning as in section 502 of the Federal Water Pollution
      Control Act [33 U.S.C. 1362], as amended.
        "(6) Person. - The term 'person' means an individual,
      corporation, partnership, limited liability company, association,
      State, municipality, commission, or political subdivision of a
      State, or any federally recognized tribe.
        "(7) Secretary. - The term 'Secretary' means the Secretary of
      the department in which the United States Coast Guard is
      operating.
        "(8) Sewage. - The term 'sewage' means human body wastes and
      the wastes from toilets and other receptacles intended to receive
      or retain body waste.
        "(9) Treated sewage. - The term 'treated sewage' means sewage
      meeting all applicable effluent limitation standards and
      processing requirements of the Federal Water Pollution Control
      Act [33 U.S.C. 1251 et seq.], as amended[,] and of this title,
      and regulations promulgated under either.
        "(10) Untreated sewage. - The term 'untreated sewage' means
      sewage that is not treated sewage.
        "(11) Waters of the Alexander Archipelago. - The term 'waters
      of the Alexander Archipelago' means all waters under the
      sovereignty of the United States within or near Southeast Alaska,
      beginning at a point 58&#186;<!-- degrees -->1141N, 136&#186;<!--
      degrees -->3925W [near Cape Spencer Light], thence southeasterly
      along a line three nautical miles seaward of the baseline from
      which the breadth of the territorial sea is measured in the
      Pacific Ocean and the Dixon Entrance, except where this line
      intersects geodesics connecting the following five pairs of
      points:
          "(1) 58&#186;<!-- degrees -->0517N, 136&#186;<!-- degrees --
        >3349W and 58&#186;<!-- degrees -->1141N, 136&#186;<!--
        degrees -->3925W [Cross Sound].
          "(2) 56&#186;<!-- degrees -->0940N, 134&#186;<!-- degrees --
        >4000W and 55&#186;<!-- degrees -->4915N, 134&#186;<!--
        degrees -->1740W [Chatham Strait].
          "(3) 55&#186;<!-- degrees -->4915N, 134&#186;<!-- degrees --
        >1740W and 55&#186;<!-- degrees -->5030N, 133&#186;<!--
        degrees -->5415W [Sumner Strait].
          "(4) 54&#186;<!-- degrees -->4130N, 132&#186;<!-- degrees --
        >0100W and 54&#186;<!-- degrees -->5130N, 131&#186;<!--
        degrees -->2045W [Clarence Strait].
          "(5) 54&#186;<!-- degrees -->5130N, 131&#186;<!-- degrees --
        >2045W and 54&#186;<!-- degrees -->4615N, 130&#186;<!--
        degrees -->5200W [Revillagigedo Channel].
      "The portion of each such geodesic situated beyond three nautical
    miles from the baseline from which the breadth of the territorial
    sea is measured forms the outer limit of the waters of the
    Alexander Archipelago in those five locations."

                 PREEMPTION; ADDITIONAL STATE REQUIREMENTS             
      Section 2003 of title II of Pub. L. 100-220 provided that:
      "(a) Preemption. - Except as specifically provided in this title
    [see Effective Date of 1987 Amendment note above], nothing in this
    title shall be interpreted or construed to supersede or preempt any
    other provision of Federal or State law, either statutory or
    common.
      "(b) Additional State Requirements. - Nothing in this title shall
    be construed or interpreted as preempting any State from imposing
    any additional requirements."

-End-

-CITE-
    33 USC Sec. 1902                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1902. Ships subject to preventive measures

-STATUTE-
    (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.

-SOURCE-
    (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.)

-REFTEXT-
                            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.

-MISC1-
                                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."

-End-

-CITE-
    33 USC Sec. 1902a                                           01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1902a. Discharge of agricultural cargo residue

-STATUTE-
      Notwithstanding any other provision of law, the discharge from a
    vessel of any agricultural cargo residue material in the form of
    hold washings shall be governed exclusively by the provisions of
    the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
    that implement Annex V to the International Convention for the
    Prevention of Pollution from Ships.

-SOURCE-
    (Pub. L. 107-295, title II, Sec. 204, Nov. 25, 2002, 116 Stat.
    2094.)

-REFTEXT-
                            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 (Sec. 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.

-COD-
                               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.

-End-

-CITE-
    33 USC Sec. 1903                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1903. Administration and enforcement

-STATUTE-
    (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) 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) The Secretary of the department in which the Coast Guard is
    operating shall - 
        (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.
    (c) 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.

-SOURCE-
    (Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100-
    220, title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L.
    104-227, title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this paragraph, referred to in subsec.
    (b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b)
    of Pub. L. 100-220 which added par. (2) to subsec. (b). See
    Effective Date of 1987 Amendment note below.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ",
    Annex IV to the Antarctic Protocol," after "the MARPOL Protocol" in
    first sentence.
      Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ",
    Annex IV to the Antarctic Protocol," after "the MARPOL Protocol".
      Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 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, Sec. 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, Sec. 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.

-TRANS-
                           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.

-End-

-CITE-
    33 USC Sec. 1904                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1904. Certificates

-STATUTE-
    (a) Issuance by authorized designees; restriction on issuance
      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 under the authority of the MARPOL Protocol.
    (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, unless 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. 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 or permits; refusal or revocation
      If a ship is under a detention order under this section, the
    Secretary of the Treasury, upon the request of the Secretary, may
    refuse or revoke - 
        (1) the clearance required by section 60105 of title 46; or
        (2) a permit to proceed under section 4367 of the Revised
      Statutes of the United States (46 U.S.C. 313) (!1) or section
      1443 (!2) of title 19.

    (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.

-SOURCE-
    (Pub. L. 96-478, Sec. 5, Oct. 21, 1980, 94 Stat. 2298.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4367 of the Revised Statutes of the United States (46
    U.S.C. 313), referred to in subsec. (f)(2), was classified to
    section 313 of the former Appendix to Title 46, Shipping, prior to
    repeal by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8, 1993,
    107 Stat. 2223.

-COD-
                               CODIFICATION                           
      In subsec. (f)(1), "section 60105 of title 46" substituted for
    "section 4197 of the Revised Statutes of the United States, as
    amended (46 U.S.C. 91)" on authority of Pub. L. 109-304, Sec.
    18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section
    60105 of Title 46, Shipping.
      Section 1443 of title 19, referred to in subsec. (f)(2), was in
    the original section 442 of the Tariff Act of 1930, as amended (19
    U.S.C. 1443). Although section 442 of the Tariff Act of 1930, June
    17, 1930, ch. 497, title IV, 46 Stat. 713, is classified to section
    1442 of Title 19, Customs Duties, the reference was translated as
    meaning section 443 of the Tariff Act of 1930, which was classified
    to section 1443 of title 19 prior to repeal by Pub. L. 103-182,
    title VI, Sec. 690(b)(6), Dec. 8, 1993, 107 Stat. 2223.

-MISC1-
                              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.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See Codification note below.

-End-

-CITE-
    33 USC Sec. 1905                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1905. Pollution reception facilities

-STATUTE-
    (a) Adequacy; criteria
      (1) The Secretary, after consultation with the Administrator of
    the Environmental Protection Agency, shall establish regulations
    setting criteria for determining the adequacy of a port's or
    terminal's reception facilities for mixtures containing oil or
    noxious liquid substances and shall establish procedures whereby a
    person in charge of a port or terminal may request the Secretary to
    certify that the port's or terminal's facilities for receiving the
    residues and mixtures containing oil or noxious liquid substance
    from seagoing ships are adequate.
      (2) The Secretary, after consulting with appropriate Federal
    agencies, shall establish regulations setting criteria for
    determining the adequacy of reception facilities for garbage at a
    port or terminal, and stating such additional measures and
    requirements as are appropriate to ensure such adequacy. Persons in
    charge of ports and terminals shall provide reception facilities,
    or ensure that such facilities are available, for receiving garbage
    in accordance with those regulations.
    (b) Traffic considerations
      In determining the adequacy of reception facilities required by
    the MARPOL Protocol or the Antarctic Protocol at a port or
    terminal, and in establishing regulations under subsection (a) of
    this section, the Secretary may consider, among other things, the
    number and types of ships or seagoing ships using the port or
    terminal, including their principal trades.
    (c) Certificate; issuance; validity; inspection; review of
      suspension or revocation by Secretary
      (1) If reception facilities of a port or terminal meet the
    requirements of Annex I and Annex II to the Convention and the
    regulations prescribed under subsection (a)(1) of this section, the
    Secretary shall, after consultation with the Administrator of the
    Environmental Protection Agency, issue a certificate to that effect
    to the applicant.
      (2)(A) Subject to subparagraph (B), if reception facilities of a
    port or terminal meet the requirements of Annex V to the Convention
    and the regulations prescribed under subsection (a)(2) of this
    section, the Secretary may, after consultation with appropriate
    Federal agencies, issue a certificate to that effect to the person
    in charge of the port or terminal.
      (B) The Secretary may not issue a certificate attesting to the
    adequacy of reception facilities under this paragraph unless, prior
    to the issuance of the certificate, the Secretary conducts an
    inspection of the reception facilities of the port or terminal that
    is the subject of the certificate.
      (C) The Secretary may, with respect to certificates issued under
    this paragraph prior to October 19, 1996, prescribe by regulation
    differing periods of validity for such certificates.
      (3) A certificate issued under this subsection - 
        (A) is valid for the 5-year period beginning on the date of
      issuance of the certificate, except that if - 
          (i) the charge for operation of the port or terminal is
        transferred to a person or entity other than the person or
        entity that is the operator on the date of issuance of the
        certificate - 
            (I) the certificate shall expire on the date that is 30
          days after the date of the transfer; and
            (II) the new operator shall be required to submit an
          application for a certificate before a certificate may be
          issued for the port or terminal; or

          (ii) the certificate is suspended or revoked by the
        Secretary, the certificate shall cease to be valid; and

        (B) shall be available for inspection upon the request of the
      master, other person in charge, or agent of a ship using or
      intending to use the port or terminal.

      (4) The suspension or revocation of a certificate issued under
    this subsection may be appealed to the Secretary and acted on by
    the Secretary in the manner prescribed by regulation.
    (d) Publication of list of certificated ports or terminals
      (1) The Secretary shall maintain a list of ports or terminals
    with respect to which a certificate issued under this section - 
        (A) is in effect; or
        (B) has been revoked or suspended.

      (2) The Secretary shall make the list referred to in paragraph
    (1) available to the general public.
    (e) Entry; denial
      (1) Except in the case of force majeure, the Secretary shall deny
    entry to a seagoing ship required by the Convention or the
    Antarctic Protocol to retain onboard while at sea, residues and
    mixtures containing oil or noxious liquid substances, if - 
        (A) the port or terminal is one required by Annexes I and II of
      the Convention or Article 9 of Annex IV to the Antarctic Protocol
      or regulations hereunder to have adequate reception facilities;
      and
        (B) the port or terminal does not hold a valid certificate
      issued by the Secretary under this section.

      (2) The Secretary may deny the entry of a ship to a port or
    terminal required by regulations issued under this section to
    provide adequate reception facilities for garbage if the port or
    terminal is not in compliance with those regulations.
    (f) Surveys
      (1) The Secretary is authorized to conduct surveys of existing
    reception facilities in the United States to determine measures
    needed to comply with the MARPOL Protocol or the Antarctic
    Protocol.
      (2)(A) (!1) Not later than 18 months after October 19, 1996, the
    Secretary shall promulgate regulations that require the operator of
    each port or terminal that is subject to any requirement of the
    MARPOL Protocol relating to reception facilities to post a placard
    in a location that can easily be seen by port and terminal users.
    The placard shall state, at a minimum, that a user of a reception
    facility of the port or terminal should report to the Secretary any
    inadequacy of the reception facility.

-SOURCE-
    (Pub. L. 96-478, Sec. 6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100-
    220, title II, Sec. 2103, Dec. 29, 1987, 101 Stat. 1461; Pub. L.
    101-225, title II, Sec. 201(1), Dec. 12, 1989, 103 Stat. 1910; Pub.
    L. 104-227, title II, Sec. 201(d), Oct. 2, 1996, 110 Stat. 3042;
    Pub. L. 104-324, title VIII, Sec. 801, Oct. 19, 1996, 110 Stat.
    3943.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-227, Sec. 201(d)(1), inserted "or
    the Antarctic Protocol" after "the MARPOL Protocol".
      Subsec. (c)(2). Pub. L. 104-324, Sec. 801(a)(1), (2), designated
    existing provisions as subpar. (A), substituted "Subject to
    subparagraph (B), if" for "If", and added subpars. (B) and (C).
      Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 801(a)(3), added subpar.
    (A) and struck out former subpar. (A) which read as follows: "is
    valid until suspended or revoked by the Secretary for cause or
    because of changed conditions; and".
      Subsec. (d). Pub. L. 104-324, Sec. 801(a)(4), added subsec. (d)
    and struck out former subsec. (d) which read as follows: "The
    Secretary shall periodically cause to be published in the Federal
    Register a list of the ports or terminals holding a valid
    certificate issued under this section."
      Subsec. (e)(1). Pub. L. 104-227, Sec. 201(d)(2), (3), inserted
    "or the Antarctic Protocol" after "the Convention" in introductory
    provisions and inserted "or Article 9 of Annex IV to the Antarctic
    Protocol" after "the Convention" in subpar. (A).
      Subsec. (f). Pub. L. 104-324, Sec. 801(b), designated existing
    provisions as par. (1) and added par. (2)(A).
      Pub. L. 104-227, Sec. 201(d)(4), inserted "or the Antarctic
    Protocol" after "the MARPOL Protocol".
      1989 - Subsec. (c)(1). Pub. L. 101-225 substituted "Annex I and
    Annex II" for "Annex V".
      1987 - Subsec. (a). Pub. L. 100-220, Sec. 2103(a), designated
    existing provisions as par. (1), substituted "a port's or
    terminal's reception facilities for mixtures containing oil or
    noxious liquid substances" for "reception facilities of a port or
    terminal", and added par. (2).
      Subsec. (b). Pub. L. 100-220, Sec. 2103(b), inserted "and in
    establishing regulations under subsection (a) of this section," and
    "ships or".
      Subsec. (c). Pub. L. 100-220, Sec. 2103(c), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "If,
    upon inspection, reception facilities of a port or terminal are
    adequate to meet the requirements of the MARPOL Protocol and the
    regulations established hereunder, the Secretary shall, after
    consultation with the Administrator of the Environmental Protection
    Agency, issue a certificate to that effect to the applicant. A
    certificate issued under this subsection - 
        "(1) is valid until suspended or revoked by the Secretary for
      cause or because of changed conditions; and
        "(2) shall be available for inspection upon the request of the
      master, other person in charge, or agent of a seagoing ship using
      or intending to use the port or terminal.
    The suspension or revocation of a certificate issued under this
    subsection may be appealed to the Secretary and acted on by him in
    the manner prescribed by regulation."
      Subsec. (e). Pub. L. 100-220, Sec. 2103(d), designated existing
    provisions as par. (1), redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, in subpar. (A), substituted
    "Annexes I and II of the Convention" for "the MARPOL Protocol", 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                          
      Subsecs. (a), (c), and (f) 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.

-FOOTNOTE-
    (!1) So in original. No subpar. (B) has been enacted.

-End-

-CITE-
    33 USC Sec. 1906                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1906. Incidents involving ships

-STATUTE-
    (a) Requirement to report incident
      The master, person in charge, owner, charterer, manager, or
    operator of a ship involved in an incident shall report the
    incident in the manner prescribed by Article 8 of the Convention in
    accordance with regulations promulgated by the Secretary for that
    purpose.
    (b) Requirement to report discharge, probable discharge, or
      presence of oil
      The master or person in charge of - 
        (1) a ship of United States registry or nationality, or
      operated under the authority of the United States, wherever
      located;
        (2) another ship while in the navigable waters of the United
      States; or
        (3) a sea port or oil handling facility subject to the
      jurisdiction of the United States,

    shall report a discharge, probable discharge, or presence of oil in
    the manner prescribed by Article 4 of the International Convention
    on Oil Pollution Preparedness, Response and Cooperation, 1990
    (adopted at London, November 30, 1990), in accordance with
    regulations promulgated by the Secretary for that purpose.

-SOURCE-
    (Pub. L. 96-478, Sec. 7, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 102-
    241, Sec. 39, Dec. 19, 1991, 105 Stat. 2225.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-241 amended section generally. Prior to
    amendment, section read as follows:
      "(a) As soon as he has knowledge of an incident, the master or
    other person in charge of a ship shall report it to the Secretary
    in the manner prescribed by Article 8 of the Convention.
      "(b) Upon receipt of the report of an incident involving a ship,
    other than one of United States registry or nationality or one
    operated under the authority of the United States, the Secretary
    shall take the action required by Article 8 of the Convention."

-End-

-CITE-
    33 USC Sec. 1907                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1907. Violations

-STATUTE-
    (a) General prohibition; cooperation and enforcement; detection and
      monitoring measures; reports; evidence
      It is unlawful to act in violation of the MARPOL Protocol, Annex
    IV to the Antarctic Protocol, this chapter, or the regulations
    issued thereunder. The Secretary shall cooperate with other parties
    to the MARPOL Protocol or to the Antarctic Protocol in the
    detection of violations and in enforcement of the MARPOL Protocol
    and Annex IV to the Antarctic Protocol. The Secretary shall use all
    appropriate and practical measures of detection and environmental
    monitoring, and shall establish adequate procedures for reporting
    violations and accumulating evidence.
    (b) Investigations; subpenas: issuance by Secretary, enforcement;
      action by Secretary; information to party
      Upon receipt of evidence that a violation has occurred, the
    Secretary shall cause the matter to be investigated. In any
    investigation under this section the Secretary may issue subpenas
    to require the attendance of any witness and the production of
    documents and other evidence. In case of refusal to obey a subpena
    issued to any person, the Secretary may request the Attorney
    General to invoke the aid of the appropriate district court of the
    United States to compel compliance. Upon completion of the
    investigation, the Secretary shall take the action required by the
    MARPOL Protocol or the Antarctic Protocol and whatever further
    action he considers appropriate under the circumstances. If the
    initial evidence was provided by a party to the MARPOL Protocol or
    the Antarctic Protocol, the Secretary, acting through the Secretary
    of State, shall inform that party of the action taken or proposed.
    (c) Ship inspections; reports to Secretary; additional action
      (1) This subsection applies to inspections relating to possible
    violations of Annex I or Annex II to the Convention, of Article 3
    or Article 4 of Annex IV to the Antarctic Protocol, or of this
    chapter by any seagoing ship referred to in section 1902(a)(2) of
    this title.
      (2) While at a port or terminal subject to the jurisdiction of
    the United States, a ship to which the MARPOL Protocol or the
    Antarctic Protocol applies may be inspected by the Secretary - 
        (A) to verify whether or not the ship has discharged a harmful
      substance in violation of the MARPOL Protocol, Annex IV to the
      Antarctic Protocol, or this chapter; or
        (B) to comply with a request from a party to the MARPOL
      Protocol or the Antarctic Protocol for an investigation as to
      whether the ship may have discharged a harmful substance anywhere
      in violation of the MARPOL Protocol or Annex IV to the Antarctic
      Protocol. An investigation may be undertaken under this clause
      only when the requesting party has furnished sufficient evidence
      to allow the Secretary reasonably to believe that a discharge has
      occurred.

    If an inspection under this subsection indicates that a violation
    has occurred, the investigating officer shall forward a report to
    the Secretary for appropriate action. The Secretary shall undertake
    to notify the master of the ship concerned and, acting in
    coordination with the Secretary of State, shall take any additional
    action required by Article 6 of the Convention.
    (d) Garbage disposal inspections; covered ships; enforcement
      actions
      (1) The Secretary may inspect a ship referred to in section
    1902(a)(3) of this title to verify whether the ship has disposed of
    garbage in violation of Annex V to the Convention, Article 5 of
    Annex IV to the Antarctic Protocol, or this chapter.
      (2) If an inspection under this subsection indicates that a
    violation has occurred, the Secretary may undertake enforcement
    action under section 1908 of this title.
    (e) Harmful substance or garbage disposal inspections; covered
      ships; enforcement actions
      (1) The Secretary may inspect at any time a ship of United States
    registry or nationality or operating under the authority of the
    United States to which the MARPOL Protocol or the Antarctic
    Protocol applies to verify whether the ship has discharged a
    harmful substance or disposed of garbage in violation of those
    Protocols or this chapter.
      (2) If an inspection under this subsection indicates that a
    violation of the MARPOL Protocol, of Annex IV to the Antarctic
    Protocol, or of this chapter has occurred the Secretary may
    undertake enforcement action under section 1908 of this title.
    (f) Supplemental remedies and requirements; other provisions and
      available remedies unaffected
      Remedies and requirements of this chapter supplement and neither
    amend nor repeal any other provisions of law, except as expressly
    provided in this chapter. Nothing in this chapter shall limit,
    deny, amend, modify, or repeal any other remedy available to the
    United States or any other person, except as expressly provided in
    this chapter.

-SOURCE-
    (Pub. L. 96-478, Sec. 8, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 100-
    220, title II, Sec. 2104, Dec. 29, 1987, 101 Stat. 1462; Pub. L.
    101-225, title II, Sec. 201(2), (3), Dec. 12, 1989, 103 Stat. 1910;
    Pub. L. 104-227, title II, Sec. 201(e), Oct. 2, 1996, 110 Stat.
    3043.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(e)(1), (2),
    inserted "Annex IV to the Antarctic Protocol," after "violation of
    the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the
    MARPOL Protocol", and "and Annex IV to the Antarctic Protocol"
    after "enforcement of the MARPOL Protocol".
      Subsec. (b). Pub. L. 104-227, Sec. 201(e)(3), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" in two places.
      Subsec. (c)(1). Pub. L. 104-227, Sec. 201(e)(4), inserted ", of
    Article 3 or Article 4 of Annex IV to the Antarctic Protocol,"
    after "to the Convention".
      Subsec. (c)(2). Pub. L. 104-227, Sec. 201(e)(5), (6), inserted
    "or the Antarctic Protocol" after "which the MARPOL Protocol" in
    introductory provisions, ", Annex IV to the Antarctic Protocol,"
    after "MARPOL Protocol" in subpar. (A), and "or the Antarctic
    Protocol" after "to the MARPOL Protocol" and "or Annex IV to the
    Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).
      Subsec. (d)(1). Pub. L. 104-227, Sec. 201(e)(8), inserted ",
    Article 5 of Annex IV to the Antarctic Protocol," after
    "Convention".
      Subsec. (e)(1). Pub. L. 104-227, Sec. 201(e)(9), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" and substituted "those
    Protocols" for "that Protocol".
      Subsec. (e)(2). Pub. L. 104-227, Sec. 201(e)(10), inserted ", of
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol".
      1989 - Subsecs. (c)(1), (e)(2). Pub. L. 101-225 inserted "or of
    this chapter".
      1987 - Subsec. (c). Pub. L. 100-220, Sec. 2104(a), added par.
    (1), designated existing provisions as par. (2), redesignated
    former pars. (1) and (2) as subpars. (A) and (B), respectively, and
    in closing provisions of par. (2) substituted "The" for "If a
    report made under this subsection involves a ship, other than one
    of United States registry or nationality or one operated under the
    authority of the United States, the".
      Subsecs. (d) to (f). Pub. L. 100-220, Sec. 2104(b), added
    subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

                     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.

-End-

-CITE-
    33 USC Sec. 1908                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1908. Penalties for violations

-STATUTE-
    (a) Criminal penalties; payment for information leading to
      conviction
      A person who knowingly violates the MARPOL Protocol,,(!1) Annex
    IV to the Antarctic Protocol, this chapter, or the regulations
    issued thereunder commits a class D felony. In the discretion of
    the Court, an amount equal to not more than  1/2  of such fine may
    be paid to the person giving information leading to conviction.

    (b) Civil penalties; separate violations; assessment notice;
      considerations affecting amount; payment for information leading
      to assessment of penalty
      A person who is found by the Secretary, after notice and an
    opportunity for a hearing, to have - 
        (1) violated the MARPOL Protocol,,(!1) Annex IV to the
      Antarctic Protocol, this chapter, or the regulations issued
      thereunder shall be liable to the United States for a civil
      penalty, not to exceed $25,000 for each violation; or
        (2) made a false, fictitious, or fraudulent statement or
      representation in any matter in which a statement or
      representation is required to be made to the Secretary under the
      MARPOL Protocol,,(!1) Annex IV to the Antarctic Protocol, this
      chapter, or the regulations thereunder, shall be liable to the
      United States for a civil penalty, not to exceed $5,000 for each
      statement or representation.

    Each day of a continuing violation shall constitute a separate
    violation. The amount of the civil penalty shall be assessed by the
    Secretary, or his designee, by written notice. In determining the
    amount of the penalty, the Secretary shall take into account the
    nature, circumstances, extent, and gravity of the prohibited acts
    committed and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and
    other matters as justice may require. An amount equal to not more
    than  1/2  of such penalties may be paid by the Secretary to the
    person giving information leading to the assessment of such
    penalties.
    (c) Abatement of civil penalties; collection by Attorney General
      The Secretary may compromise, modify, or remit, with or without
    conditions, any civil penalty which is subject to assessment or
    which has been assessed under this section. If any person fails to
    pay an assessment of a civil penalty after it has become final, the
    Secretary may refer the matter to the Attorney General of the
    United States for collection in any appropriate district court of
    the United States.
    (d) Liability in rem; district court jurisdiction
      A ship operated in violation of the MARPOL Protocol,,(!1) Annex
    IV to the Antarctic Protocol, this chapter, or the regulations
    thereunder is liable in rem for any fine imposed under subsection
    (a) of this section or civil penalty assessed pursuant to
    subsection (b) of this section, and may be proceeded against in the
    United States district court of any district in which the ship may
    be found.
    (e) Ship clearance or permits; refusal or revocation; bond or other
      surety
      If any ship subject to the MARPOL Protocol, Annex IV to the
    Antarctic Protocol, or this chapter, its owner, operator, or person
    in charge is liable for a fine or civil penalty under this section,
    or if reasonable cause exists to believe that the ship, its owner,
    operator, or person in charge may be subject to a fine or civil
    penalty under this section, the Secretary of the Treasury, upon the
    request of the Secretary, shall refuse or revoke the clearance
    required by section 60105 of title 46. Clearance may be granted
    upon the filing of a bond or other surety satisfactory to the
    Secretary.
    (f) Referrals for appropriate action by foreign country
      Notwithstanding subsection (a), (b), or (d) of this section, if
    the violation is by a ship registered in or of the nationality of a
    country party to the MARPOL Protocol or the Antarctic Protocol, or
    one operated under the authority of a country party to the MARPOL
    Protocol or the Antarctic Protocol, the Secretary, acting in
    coordination with the Secretary of State, may refer the matter to
    the government of the country of the ship's registry or
    nationality, or under whose authority the ship is operating for
    appropriate action, rather than taking the actions required or
    authorized by this section.

-SOURCE-
    (Pub. L. 96-478, Sec. 9, Oct. 21, 1980, 94 Stat. 2301; Pub. L. 100-
    220, title II, Sec. 2105, Dec. 29, 1987, 101 Stat. 1463; Pub. L.
    101-380, title IV, Sec. 4302(n), Aug. 18, 1990, 104 Stat. 539; Pub.
    L. 103-182, title VI, Sec. 688, Dec. 8, 1993, 107 Stat. 2222; Pub.
    L. 104-227, title II, Sec. 201(f), Oct. 2, 1996, 110 Stat. 3043.)

-COD-
                               CODIFICATION                           
      In subsec. (e), "section 60105 of title 46" substituted for
    "section 4197 of the Revised Statutes of the United States (46
    U.S.C. App. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct.
    6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title
    46, Shipping.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-227, Sec. 201(f)(1), inserted ",
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol,".
      Subsec. (b). Pub. L. 104-227, Sec. 201(f)(2), (3), inserted ",
    Annex IV to the Antarctic Protocol," after "MARPOL Protocol," in
    pars. (1) and (2).
      Subsec. (d). Pub. L. 104-227, Sec. 201(f)(4), inserted ", Annex
    IV to the Antarctic Protocol," after "MARPOL Protocol,".
      Subsec. (e). Pub. L. 104-227, Sec. 201(f)(5), inserted ", Annex
    IV to the Antarctic Protocol," after "MARPOL Protocol".
      Subsec. (f). Pub. L. 104-227, Sec. 201(f)(6), inserted "or the
    Antarctic Protocol" after "MARPOL Protocol" in two places.
      1993 - Subsec. (e). Pub. L. 103-182 substituted "shall refuse or
    revoke the clearance required by section 91 of title 46, Appendix.
    Clearance may be granted upon the filing of a bond or other surety
    satisfactory to the Secretary." for "shall refuse or revoke - 
        "(1) the clearance required by section 91 of title 46,
      Appendix; or
        "(2) a permit to proceed under section 313 of title 46,
      Appendix, or section 1443 of title 19.
    Clearance or a permit to proceed may be granted upon the filing of
    a bond or other surety satisfactory to the Secretary."
      1990 - Subsec. (a). Pub. L. 101-380 substituted "commits a class
    D felony" for "shall, for each violation, be fined not more than
    $50,000 or be imprisoned for not more than 5 years, or both".
      1987 - Subsec. (a). Pub. L. 100-220, Sec. 2105(a)(1), inserted at
    end "In the discretion of the Court, an amount equal to not more
    than  1/2  of such fine may be paid to the person giving
    information leading to conviction."
      Subsec. (b). Pub. L. 100-220, Sec. 2105(a)(2), inserted at end
    "An amount equal to not more than  1/2  of such penalties may be
    paid by the Secretary to the person giving information leading to
    the assessment of such penalties."
      Subsec. (f). Pub. L. 100-220, Sec. 2105(b), substituted "to the
    government of the country of the ship's registry or nationality, or
    under whose authority the ship is operating" for "to that country".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.

                     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.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    33 USC Sec. 1909                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1909. MARPOL Protocol; proposed amendments

-STATUTE-
    (a) Acceptance of certain amendments by the President
      A proposed amendment to the MARPOL Protocol received by the
    United States from the Secretary-General of the International
    Maritime Organization pursuant to Article VI of the MARPOL
    Protocol, may be accepted on behalf of the United States by the
    President following the advice and consent of the Senate, except as
    provided for in subsection (b) of this section.
    (b) Action on certain amendments by the Secretary of State
      A proposed amendment to Annex I, II, or V to the Convention,
    appendices to those Annexes, or Protocol I of the Convention
    received by the United States from the Secretary-General of the
    International Maritime Organization pursuant to Article VI of the
    MARPOL Protocol, may be the subject of appropriate action on behalf
    of the United States by the Secretary of State following
    consultation with the Secretary, who shall inform the Secretary of
    State as to what action he considers appropriate at least 30 days
    prior to the expiration of the period specified in Article VI of
    the MARPOL Protocol during which objection may be made to any
    amendment received.
    (c) Declaration of nonacceptance by the Secretary of State
      Following consultation with the Secretary, the Secretary of State
    may make a declaration that the United States does not accept an
    amendment proposed pursuant to Article VI of the MARPOL Protocol.

-SOURCE-
    (Pub. L. 96-478, Sec. 10, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 100-
    220, title II, Sec. 2106, Dec. 29, 1987, 101 Stat. 1463.)

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (a). Pub. L. 100-220, Sec. 2106(1), substituted
    "International Maritime Organization" for "Inter-Governmental
    Maritime Consultative Organization".
      Subsec. (b). Pub. L. 100-220, Sec. 2106(2), substituted "Annex I,
    II, or V to the Convention, appendices to those Annexes, or
    Protocol I of the Convention" for "Annex I or II, appendices to the
    Annexes, or Protocol I of the MARPOL Protocol," and "International
    Maritime Organization" for "Inter-Governmental Maritime
    Consultative Organization".

                     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.

-End-

-CITE-
    33 USC Sec. 1910                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1910. Legal actions

-STATUTE-
    (a) Persons with adversely affected interests as plaintiffs;
      defendants
      Except as provided in subsection (b) of this section, any person
    having an interest which is, or can be, adversely affected, may
    bring an action on his own behalf - 
        (1) against any person alleged to be in violation of the
      provisions of this chapter, or regulations issued hereunder;
        (2) against the Secretary where there is alleged a failure of
      the Secretary to perform any act or duty under this chapter which
      is not discretionary with the Secretary;
        (3) against the Secretary of the Treasury where there is
      alleged a failure of the Secretary of the Treasury to take action
      under section 1908(e) of this title.
    (b) Commencement conditions
      No action may be commenced under subsection (a) of this section -
    
        (1) prior to 60 days after the plaintiff has given notice, in
      writing and under oath, to the alleged violator, the Secretary
      concerned, and the Attorney General; or
        (2) if the Secretary has commenced enforcement or penalty
      action with respect to the alleged violation and is conducting
      such procedures diligently.
    (c) Venue
      Any suit brought under this section shall be brought - 
        (1) in a case concerning an onshore facility or port, in the
      United States district court for the judicial district where the
      onshore facility or port is located;
        (2) in a case concerning an offshore facility or offshore
      structure under the jurisdiction of the United States, in the
      United States district court for the judicial district nearest
      the offshore facility or offshore structure;
        (3) in a case concerning a ship, in the United States district
      court for any judicial district wherein the ship or its owner or
      operator may be found; or
        (4) in any case, in the District Court for the District of
      Columbia.
    (d) Costs; attorney fees; witness fees
      The court, in issuing any final order in any action brought
    pursuant to this section, may award costs of litigation (including
    reasonable attorney and expert witness fees) to any party including
    the Federal Government.
    (e) Federal intervention
      In any action brought under this section, if the Secretary or
    Attorney General are not parties of record, the United States,
    through the Attorney General, shall have the right to intervene.

-SOURCE-
    (Pub. L. 96-478, Sec. 11, Oct. 21, 1980, 94 Stat. 2302.)

-End-

-CITE-
    33 USC Sec. 1911                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1911. Authority of Secretary under port and tanker safety
      program unaffected

-STATUTE-
      Nothing in this chapter shall be construed as limiting,
    diminishing, or otherwise restricting any of the authority of the
    Secretary under the Port and Tanker Safety Act of 1978.

-SOURCE-
    (Pub. L. 96-478, Sec. 15, Oct. 21, 1980, 94 Stat. 2303.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Port and Tanker Safety Act of 1978, referred to in text, is
    Pub. L. 95-474, Oct. 17, 1978, 92 Stat. 1471, which enacted
    sections 1225, 1228 to 1231, and 1232 of this title, amended
    sections 1221 to 1224, 1226, and 1227 of this title, and sections
    214 and 391a of former Title 46, Shipping, and enacted provisions
    set out as notes under sections 1221 and 1224 of this title and
    section 391a of former Title 46. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1221 of this title and Tables.

-End-

-CITE-
    33 USC Sec. 1912                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1912. International law

-STATUTE-
      Any action taken under this chapter shall be taken in accordance
    with international law.

-SOURCE-
    (Pub. L. 96-478, Sec. 17, as added Pub. L. 100-220, title II, Sec.
    2108, Dec. 29, 1987, 101 Stat. 1464.)

-End-

-CITE-
    33 USC Sec. 1913                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1913. Compliance reports

-STATUTE-
    (a) In general
      Within 1 year after the effective date of this section, and
    triennially thereafter, the Secretary of the department in which
    the Coast Guard is operating, in consultation with the Secretary of
    Agriculture and the Secretary of Commerce, shall report to the
    Congress regarding compliance with Annex V to the International
    Convention for the Prevention of Pollution from Ships, 1973, in
    United States waters and, not later than 1 year after October 19,
    1996, and annually thereafter, shall publish in the Federal
    Register a list of the enforcement actions taken against any
    domestic or foreign ship (including any commercial or recreational
    ship) pursuant to the Act to Prevent Pollution from Ships (33
    U.S.C. 1901 et seq.).
    (b) Report on inability to comply
      Within 3 years after the effective date of this section, the head
    of each Federal agency that operates or contracts for the operation
    of any ship referred to in section 3(b)(1)(A) of the Act to Prevent
    Pollution from Ships [33 U.S.C. 1902(b)(1)(A)] that may not be able
    to comply with the requirements of that section shall report to the
    Congress describing - 
        (1) the technical and operational impediments to achieving that
      compliance;
        (2) an alternative schedule for achieving that compliance as
      rapidly as is technologically feasible;
        (3) the ships operated or contracted for operation by the
      agency for which full compliance with section 3(b)(2)(A) [33
      U.S.C. 1902(b)(2)(A)] is not technologically feasible; and
        (4) any other information which the agency head considers
      relevant and appropriate.
    (c) Congressional action
      Upon receipt of the compliance report under subsection (b) of
    this section, the Congress shall modify the applicability of Annex
    V to ships referred to in section 3(b)(1)(A) of the Act to Prevent
    Pollution from Ships [33 U.S.C. 1902(b)(1)(A)], as may be
    appropriate with respect to the requirements of Annex V to the
    Convention.

-SOURCE-
    (Pub. L. 100-220, title II, Sec. 2201, Dec. 29, 1987, 101 Stat.
    1464; Pub. L. 104-66, title I, Sec. 1121(c), Dec. 21, 1995, 109
    Stat. 724; Pub. L. 104-324, title VIII, Sec. 802(a), Oct. 19, 1996,
    110 Stat. 3944.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of this section, referred to in subsecs. (a)
    and (b), see section 2002 of Pub. L. 100-220, set out as an
    Effective Date of 1987 Amendment note under section 1901 of this
    title.
      The Act to Prevent Pollution from Ships, referred to in subsec.
    (a), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as amended,
    which is classified principally to this chapter (Sec. 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.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 1902 of this
    title.
      Section was enacted as part of the Marine Plastic Pollution
    Research and Control Act of 1987 and as part of the United States-
    Japan Fishery Agreement Approval Act of 1987, and not as part of
    the Act to Prevent Pollution from Ships which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-324 struck out "for a period of 6
    years" after "triennially thereafter" and inserted "and, not later
    than 1 year after October 19, 1996, and annually thereafter, shall
    publish in the Federal Register a list of the enforcement actions
    taken against any domestic or foreign ship (including any
    commercial or recreational ship) pursuant to the Act to Prevent
    Pollution from Ships (33 U.S.C. 1901 et seq.)" before period at
    end.
      1995 - Subsec. (a). Pub. L. 104-66 substituted "triennially" for
    "biennially".

-TRANS-
                           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.

-End-

-CITE-
    33 USC Sec. 1914                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1914. Coordination

-STATUTE-
    (a) Establishment of Interagency Marine Debris Coordinating
      Committee
      There is established an Interagency Marine Debris Coordinating
    Committee to coordinate a comprehensive program of marine debris
    research and activities among Federal agencies, in cooperation and
    coordination with non-governmental organizations, industry,
    universities, and research institutions, States, Indian tribes, and
    other nations, as appropriate.
    (b) Membership
      The Committee shall include a senior official from - 
        (1) the National Oceanic and Atmospheric Administration, who
      shall serve as the Chairperson of the Committee;
        (2) the Environmental Protection Agency;
        (3) the United States Coast Guard;
        (4) the United States Navy; and
        (5) such other Federal agencies that have an interest in ocean
      issues or water pollution prevention and control as the Secretary
      of Commerce determines appropriate.
    (c) Meetings
      The Committee shall meet at least twice a year to provide a
    public, interagency forum to ensure the coordination of national
    and international research, monitoring, education, and regulatory
    actions addressing the persistent marine debris problem.
    (d) Monitoring
      The Secretary of Commerce, acting through the Administrator of
    the National Oceanic and Atmospheric Administration, in cooperation
    with the Administrator of the Environmental Protection Agency,
    shall utilize the marine debris data derived under title V of the
    Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
    2801 et seq.) to assist - 
        (1) the Committee in ensuring coordination of research,
      monitoring, education and regulatory actions; and
        (2) the United States Coast Guard in assessing the
      effectiveness of this Act and the Act to Prevent Pollution from
      Ships [33 U.S.C. 1901 et seq.] in ensuring compliance under
      section 1913 of this title.

-SOURCE-
    (Pub. L. 100-220, title II, Sec. 2203, Dec. 29, 1987, 101 Stat.
    1466; Pub. L. 104-324, title VIII, Sec. 802(b), Oct. 19, 1996, 110
    Stat. 3944; Pub. L. 109-449, Sec. 5(a), Dec. 22, 2006, 120 Stat.
    3337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Marine Protection, Research, and Sanctuaries Act of 1972,
    referred to in subsec. (d), is Pub. L. 92-532, Oct. 23, 1972, 86
    Stat. 1052, as amended. Title V of the Act, popularly known as the
    National Coastal Monitoring Act, is classified generally to chapter
    41 (Sec. 2801 et seq.) of this title. For complete classification
    of title V to the Code, see Short Title note set out under section
    2801 of this title and Tables.
      This Act, referred to in subsec. (d)(2), probably should be "this
    title" meaning title II of Pub. L. 100-220, Dec. 29, 1987, 101
    Stat. 1460, as amended, known as the Marine Plastic Pollution
    Research and Control Act of 1987. For complete classification of
    title II to the Code, see Short Title of 1987 Amendment note set
    out under section 1901 of this title and Tables.
      The Act to Prevent Pollution from Ships, referred to in subsec.
    (d)(2), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as
    amended, which is classified principally to this chapter (Sec. 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.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Marine Plastic Pollution
    Research and Control Act of 1987 and as part of the United States-
    Japan Fishery Agreement Approval Act of 1987, and not as part of
    the Act to Prevent Pollution from Ships which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-449, Sec. 5(a)(1), added subsec.
    (a) and struck out former subsec. (a). Text read as follows: "The
    Secretary of Commerce shall establish a Marine Debris Coordinating
    Committee."
      Subsec. (c). Pub. L. 109-449, Sec. 5(a)(2), inserted "public,
    interagency" before "forum".
      1996 - Pub. L. 104-324 amended section generally. Prior to
    amendment, section read as follows: "Not later than September 30,
    1988, the Secretary of Commerce shall submit to the Congress a
    report on the effects of plastic materials on the marine
    environment. The report shall - 
        "(1) identify and quantify the harmful effects of plastic
      materials on the marine environment;
        "(2) assess the specific effects of plastic materials on living
      marine resources in the marine environment;
        "(3) identify the types and classes of plastic materials that
      pose the greatest potential hazard to living marine resources;
        "(4) analyze, in consultation with the Director of the National
      Bureau of Standards, plastic materials which are claimed to be
      capable of reduction to environmentally benign submits under the
      action of normal environmental forces (including biological
      decomposition, photodegradation, and hydrolysis); and
        "(5) recommend legislation which is necessary to prohibit, tax,
      or regulate sources of plastic materials that enter the marine
      environment."

-TRANS-
                           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.

-End-

-CITE-
    33 USC Sec. 1915                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS

-HEAD-
    Sec. 1915. Plastic pollution public education program

-STATUTE-
    (a) Outreach program
      (1) In general
        Not later than April 1, 1988, the Administrator of the National
      Oceanic and Atmospheric Administration and the Administrator of
      the Environmental Protection Agency, in consultation with the
      Secretary of Transportation, shall jointly commence and
      thereafter conduct a public outreach program to educate the
      public (including recreational boaters, fishermen, and other
      users of the marine environment) regarding - 
          (A) the harmful effects of plastic pollution;
          (B) the need to reduce such pollution;
          (C) the need to recycle plastic materials;
          (D) the need to reduce the quantity of plastic debris in the
        marine environment; and
          (E) the requirements under this Act and the Act to Prevent
        Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to
        ships and ports, and the authority of citizens to report
        violations of this Act and the Act to Prevent Pollution from
        Ships (33 U.S.C. 1901 et seq.).
      (2) Authorized activities
        (A) Public outreach program
          A public outreach program under paragraph (1) may include - 
            (i) developing and implementing a voluntary boaters' pledge
          program;
            (ii) workshops with interested groups;
            (iii) public service announcements;
            (iv) distribution of leaflets and posters; and
            (v) any other means appropriate to educating the public.
        (B) Grants and cooperative agreements
          To carry out this section, the Secretary of the department in
        which the Coast Guard is operating, the Secretary of Commerce,
        and the Administrator of the Environmental Protection Agency
        are authorized to award grants, enter into cooperative
        agreements with appropriate officials of other Federal agencies
        and agencies of States and political subdivisions of States and
        with public and private entities, and provide other financial
        assistance to eligible recipients.
        (C) Consultation
          In developing outreach initiatives for groups that are
        subject to the requirements of this title and the Act to
        Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the
        Secretary of the department in which the Coast Guard is
        operating, in consultation with the Secretary of Commerce,
        acting through the Administrator of the National Oceanic and
        Atmospheric Administration, and the Administrator of the
        Environmental Protection Agency, shall consult with - 
            (i) the heads of State agencies responsible for
          implementing State boating laws; and
            (ii) the heads of other enforcement agencies that regulate
          boaters or commercial fishermen.
    (b) Citizen Pollution Patrols
      The Secretary of Commerce, along with the Administrator of the
    Environmental Protection Agency and the Secretary of the Department
    in which the Coast Guard is operating, shall conduct a program to
    encourage the formation of volunteer groups, to be designated as
    "Citizen Pollution Patrols", to assist in monitoring, reporting,
    cleanup, and prevention of ocean and shoreline pollution.

-SOURCE-
    (Pub. L. 100-220, title II, Sec. 2204, Dec. 29, 1987, 101 Stat.
    1466; Pub. L. 104-324, title VIII, Sec. 802(c), Oct. 19, 1996, 110
    Stat. 3945.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act and this title, referred to in subsec. (a)(1)(E),
    (2)(C), probably should all be "this title" meaning title II of
    Pub. L. 100-220, Dec. 29, 1987, 101 Stat. 1460, as amended, known
    as the Marine Plastic Pollution Research and Control Act of 1987.
    For complete classification of title II to the Code, see Short
    Title of 1987 Amendment note set out under section 1901 of this
    title and Tables.
      The Act to Prevent Pollution from Ships, referred to in subsec.
    (a)(1)(E), (2)(C), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297,
    as amended, which is classified principally to this chapter (Sec.
    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.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 6981 of
    Title 42, The Public Health and Welfare.
      Section was enacted as part of the Marine Plastic Pollution
    Research and Control Act of 1987 and as part of the United States-
    Japan Fishery Agreement Approval Act of 1987, and not as part of
    the Act to Prevent Pollution from Ships which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-324, Sec. 802(c)(1)-(4),
    struck out "for a period of at least 3 years," after "conduct" in
    introductory provisions and added subpar. (E).
      Subsec. (a)(2). Pub. L. 104-324, Sec. 802(c)(5), added par. (2)
    and struck out heading and text of former par. (2). Text read as
    follows: "A public outreach program under paragraph (1) may include
    - 
        "(A) workshops with interested groups;
        "(B) public service announcements;
        "(C) distribution of leaflets and posters; and
        "(D) any other means appropriate to educating the public."

-TRANS-
                           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.

-End-