PRIA Logo™
Title 33, Navigation and Navigable WatersRelease 119-110

§1903 Administration and Enforcement

Title 33 › CHAPTER 33 — PREVENTION OF POLLUTION FROM SHIPS › § 1903

Last updated Sep 22, 2026|Official source

Summary

The Secretary must run and enforce the MARPOL Protocol, Annex IV to the Antarctic Protocol, and the rules in this chapter. For MARPOL, Annexes I and II only apply to seagoing ships. The Secretary writes rules needed to carry out these agreements and works with the Administrator and, for one rule (regulation 19), the Secretary of the Interior. The Administrator alone must issue Engine International Air Pollution Prevention certificates for U.S. vessels under Annex VI and the IMO NOx technical code. Those certificates must follow the Clean Air Act. The Administrator also makes rules for regulations 12 through 19 of Annex VI and has the enforcement powers described in section 1907(f). The Coast Guard’s Secretary must make rules that require certain ships (as listed in section 1902(a)(1)) to keep refuse record books, keep shipboard waste plans, and post notices for crew and passengers about Annex V and Annex IV. The Coast Guard must try to get other countries to follow the same rules. Within 2 years it must report to Congress about those efforts and about applying the rules to all vessels calling at U.S. ports. No emission standard for tank vessels under Annex VI regulation 15 can take effect until 6 months after the Secretary tells the IMO. The Secretary may also use other federal agencies’ people, facilities, or equipment by agreement, with or without payment.

Full Legal Text

Title 33, §1903

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Duty of Secretary; Annexes of Convention applicable to seagoing vessels
Unless otherwise specified in this chapter, the Secretary shall administer and enforce the MARPOL Protocol, Annex IV to the Antarctic Protocol, and this chapter. In the administration and enforcement of the MARPOL Protocol and this chapter, Annexes I and II of the Convention apply only to seagoing ships.
(b)Duty of the Administrator (c) Regulations; refuse record books; waste management plans; notification of crew and passengers
In addition to other duties specified in this chapter, the Administrator and the Secretary, respectively, shall have the following duties and authorities:
(1)The Administrator shall, and no other person may, issue Engine International Air Pollution Prevention certificates in accordance with Annex VI and the International Maritime Organization’s Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a vessel of the United States as that term is defined in section 116 of title 46. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements of the Clean Air Act [42 U.S.C. 7401 et seq.] or regulations prescribed under that Act.
(2)The Administrator shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention.
(3)The Administrator shall, only as specified in section 1907(f) of this title, have authority to enforce Annex VI of the Convention.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Short Title

note set out under section 7401 of Title 42 and Tables. The

Effective Date

of this paragraph, referred to in subsec. (c)(4)(C), is Dec. 31, 1988, the

Effective Date

of section 2107(b) of Pub. L. 100–220. See

Effective Date

of 1987 Amendment note below.

Amendments

2008—Subsec. (b). Pub. L. 110–280, § 5(1), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as (c), added pars. (2), (3), and (5), and redesignated former par. (2) as (4). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 110–280, § 5(1), redesignated subsec. (c) as (d). 1996—Subsec. (a). Pub. L. 104–227, § 201(c)(1), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol” in first sentence. Subsec. (b)(1). Pub. L. 104–227, § 201(c)(2), inserted “, Annex IV to the Antarctic Protocol,” after “the MARPOL Protocol”. 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 Subsidiaries

Effective Date

of 1987 AmendmentAmendment 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 section 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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1903

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110