1996 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS
Sec. 1901 - Definitions

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§1901. Definitions

(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.

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

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.

Amendments

1996—Subsec. (a). Pub. L. 104–227, §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, §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, §2101(1), designated existing provisions as subsec. (a).

Subsec. (a)(1). Pub. L. 100–220, §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, §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, §2101(4), inserted “and ‘garbage’ ”.

Subsec. (b). Pub. L. 100–220, §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.”

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.”