33 U.S.C. § 1903

Administration and enforcement

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(a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels

Unless otherwise specified in this chapter, the Secretary shall administer and enforce the MARPOL Protocol, Annex IV to the Antarctic Protocol, and this chapter. In the administration and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the Convention apply only to seagoing ships.

(b) Duty of the AdministratorIn addition to other duties specified in this chapter, the Administrator and the Secretary, respectively, shall have the following duties and authorities:(1) The Administrator shall, and no other person may, issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organization’s Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a vessel of the United States as that term is defined in section 116 of title 46. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] or regulations prescribed under that Act.(2) The Administrator shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention.(3) The Administrator shall, only as specified in section 1907(f) of this title, have authority to enforce Annex VI of the Convention.(c) Regulations; refuse record books; waste management plans; notification of crew and passengers(1) The Secretary shall prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter.(2) In addition to the authority the Secretary has to prescribe regulations under this chapter, the Administrator shall also prescribe any necessary or desired regulations to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention.(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and with respect to regulation 19, with the Secretary of the Interior.(4) The Secretary of the department in which the Coast Guard is operating shall—(A) prescribe regulations which—(i) require certain ships described in section 1902(a)(1) of this title to maintain refuse record books and shipboard management plans, and to display placards which notify the crew and passengers of the requirements of Annex V to the Convention and of Annex IV to the Antarctic Protocol; and(ii) specify the ships described in section 1902(a)(1) of this title to which the regulations apply;(B) seek an international agreement or international agreements which apply requirements equivalent to those described in subparagraph (A)(i) to all vessels subject to Annex V to the Convention; and(C) within 2 years after the effective date of this paragraph, report to the Congress—(i) regarding activities of the Secretary under subparagraph (B); and(ii) if the Secretary has not obtained agreements pursuant to subparagraph (B) regarding the desirability of applying the requirements described in subparagraph (A)(i) to all vessels described in section 1902(a) of this title which call at United States ports.(5) No standard issued by any person or Federal authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months after the required notification to the International Maritime Organization by the Secretary.(d) Utilization of personnel, facilities, or equipment of other Federal departments and agencies

The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the MARPOL Protocol, this chapter, or the regulations thereunder.

(Pub. L. 96–478, § 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100–220, title II, § 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104–227, title II, § 201(c), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 110–280, § 5, July 21, 2008, 122 Stat. 2613.)Editorial NotesReferences in Text

The Clean Air Act, referred to in subsec. (b)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

The effective date of this paragraph, referred to in subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of section 2107(b) of Pub. L. 100–220. See Effective Date of 1987 Amendment note below.

Amendments

2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as (c), added pars. (2), (3), and (5), and redesignated former par. (2) as (4). Former subsec. (c) redesignated (d).

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

1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in first sentence.

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

Subsec. (b)(2)(A). Pub. L. 104–227, § 201(c)(3), (4), struck out “within 1 year after the effective date of this paragraph,” before “prescribe” in introductory provisions and inserted “and of Annex IV to the Antarctic Protocol” after “the Convention” in cl. (i).

1987—Subsec. (a). Pub. L. 100–220, § 2107(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Unless otherwise specified herein, the Secretary shall administer and enforce the MARPOL Protocol and this chapter. In the administration and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the MARPOL Protocol shall be applicable only to seagoing ships.”

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

Statutory Notes and Related SubsidiariesEffective Date of 1987 Amendment

Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

Effective Date

Subsec. (b) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96–478, set out as a note under section 1901 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 2006–2024 · leading case: United States v. Kun Yun Jho, 465 F. Supp. 2d 618 (E.D. Tex. 2006).

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United States v. Kun Yun Jho, 465 F. Supp. 2d 618 (E.D. Tex. 2006). · cites it 3× “33 U.S.C. § 1903 ; 33 C.F.R. § 151.01 et seq.”

United States v. Korotkiy, 118 F.4th 1202 (9th Cir. 2024). · cites it 8× “Coast Guard, 33 U.S.C. § 1903 (a), (c)(4), broadly authorizing it to “prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter,” id.”

United States v. Hugo Pena, 684 F.3d 1137 (11th Cir. 2012). “See 33 U.S.C. § 1903 (c)(1); 33 C.F.R. § 151.”

Alaska v. Kerry, 972 F. Supp. 2d 1111 (D. Alaska 2013). · cites it 3× “” 243 33 U.S.C. § 1903 does not specifically discuss ECA designations or rule-making procedures, but rather it generally provides that the Administrator of EPA “shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention” and…”

United States v. Ionia Mgmt. S.A., 555 F.3d 303 (2d Cir. 2009). “” 33 U.S.C. § 1903 (c)(1). Pursuant to this authority, the Coast Guard has issued regulations that generally track the requirements set forth in Annex I.”

United States v. Kun Yun Jho, 534 F.3d 398 (5th Cir. 2008). “” 33 U.S.C. § 1903 (b)(1). The APPS prohibits violations of MARPOL, the APPS, and the regulations promulgated pursuant to § 1903(b).”

Hornof v. United States, 107 F.4th 46 (1st Cir. 2024). · cites it 2× “" 33 U.S.C. § 1903 (c)(1); see also 33 C.F.”

Wilmina Shipping as v. United States Dep't of Homeland Sec., 934 F. Supp. 2d 1 (D.D.C. 2013). “See 33 U.S.C. § 1903 (a) and (c)(1); 33 C.F.R.”

Watervale Marine Co. v. United States Dep't of Homeland Sec., 807 F.3d 325 (D.C. Cir. 2015). · cites it 2× “33 U.S.C. § 1903 (a), (c)(1).1 It is “unlawful to act in violation of the” Convention “or the regulations issued thereunder.”

Angelex, Ltd. v. United States, 907 F.3d 612 (D.C. Cir. 2018). “33 U.S.C. § 1903 (c)(1). Pursuant to that authority, the Department requires ships to, among other things, "maintain" an "Oil Record Book" that keeps track of the ship's oily discharges into the sea.”

Nederland Shipping Corp v. United States, 18 F.4th 115 (3rd Cir. 2021). “The Coast Guard accordingly detained the Reefer 2 The Act to Prevent Pollution from Ships authorizes the Department of Homeland Security to enforce the 1973 International Convention for the Prevention of Pollution from Ships (“MARPOL”) and to “prescribe any necessary or desired…”

United States v. Nikolaos Vastardis, 19 F.4th 573 (3rd Cir. 2021). “Any bilge water that exceeds that pollution level must be retained by the vessel and taken to a “reception facility.”9 To track a ship’s pollution, MARPOL and applicable regulations require tank vessels to “maintain an Oil Record Book.”

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