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U.S. Code as of:
01/19/04
Section 1902. Ships subject to preventive measures
(a) Included vessels
This chapter shall apply -
(1) to a ship of United States registry or nationality, or one
operated under the authority of the United States, wherever
located;
(2) with respect to Annexes I and II to the Convention, to a
ship, other than a ship referred to in paragraph (1), while in
the navigable waters of the United States;
(3) with respect to the requirements of Annex V to the
Convention, to a ship, other than a ship referred to in paragraph
(1), while in the navigable waters or the exclusive economic zone
of the United States; and
(4) with respect to regulations prescribed under section 1905
of this title, any port or terminal in the United States.
(b) Excluded vessels
(1) Except as provided in paragraph (2), this chapter shall not
apply to -
(A) a warship, naval auxiliary, or other ship owned or operated
by the United States when engaged in noncommercial service; or
(B) any other ship specifically excluded by the MARPOL Protocol
or the Antarctic Protocol.
(2)(A) Notwithstanding any provision of the MARPOL Protocol, and
subject to subparagraph (B) of this paragraph, the requirements of
Annex V to the Convention shall apply as follows:
(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned or
operated by the Department of the Navy.
(ii) Except as provided in subsection (c) of this section,
after December 31, 1998, to all ships referred to in paragraph
(1)(A) of this subsection other than submersibles owned or
operated by the Department of the Navy.
(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.
(B) This paragraph shall not apply during time of war or a
declared national emergency.
(c) Discharges in special areas
(1) Except as provided in paragraphs (2) and (3), not later than
December 31, 2000, all surface ships owned or operated by the
Department of the Navy, and not later than December 31, 2008, all
submersibles owned or operated by the Department of the Navy, shall
comply with the special area requirements of Regulation 5 of Annex
V to the Convention.
(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special area
requirements of Regulation 5 of Annex V to the Convention, the
following non-plastic, non-floating garbage:
(i) A slurry of seawater, paper, cardboard, or food waste that
is capable of passing through a screen with openings no larger
than 12 millimeters in diameter.
(ii) Metal and glass that have been shredded and bagged so as
to ensure negative buoyancy.
(iii) With regard to a submersible, nonplastic garbage that has
been compacted and weighted to ensure negative buoyancy.
(B)(i) Garbage described in subparagraph (A)(i) may not be
discharged within 3 nautical miles of land.
(ii) Garbage described in clauses (ii) and (iii) of subparagraph
(A) may not be discharged within 12 nautical miles of land.
(C) This paragraph applies to any ship that is owned or operated
by the Department of the Navy that, as determined by the Secretary
of the Navy -
(i) has unique military design, construction, manning, or
operating requirements; and
(ii) cannot fully comply with the special area requirements of
Regulation 5 of Annex V to the Convention because compliance is
not technologically feasible or would impair the operations or
operational capability of the ship.
(3)(A) Not later than December 31, 2000, the Secretary of the
Navy shall prescribe and publish in the Federal Register standards
to ensure that each ship described in subparagraph (B) is, to the
maximum extent practicable without impairing the operations or
operational capabilities of the ship, operated in a manner that is
consistent with the special area requirements of Regulation 5 of
Annex V to the Convention.
(B) Subparagraph (A) applies to surface ships that are owned or
operated by the Department of the Navy that the Secretary plans to
decommission during the period beginning on January 1, 2001, and
ending on December 31, 2005.
(C) At the same time that the Secretary publishes standards under
subparagraph (A), the Secretary shall publish in the Federal
Register a list of the ships covered by subparagraph (B).
(d) Regulations
The Secretary shall prescribe regulations applicable to the ships
of a country not a party to the MARPOL Protocol, including
regulations conforming to and giving effect to the requirements of
Annex V as they apply under subsection (a) of this section, to
ensure that their treatment is not more favorable than that
accorded ships to parties to the MARPOL Protocol.
(e) Compliance by excluded vessels
(1) The Secretary of the Navy shall develop and, as appropriate,
support the development of technologies and practices for solid
waste management aboard ships owned or operated by the Department
of the Navy, including technologies and practices for the reduction
of the waste stream generated aboard such ships, that are necessary
to ensure the compliance of such ships with Annex V to the
Convention on or before the dates referred to in subsections
(b)(2)(A) and (c)(1) of this section.
(2) Notwithstanding any effective date of the application of this
section to a ship, the provisions of Annex V to the Convention with
respect to the disposal of plastic shall apply to ships equipped
with plastic processors required for the long-term collection and
storage of plastic aboard ships of the Navy upon the installation
of such processors in such ships.
(3) Except when necessary for the purpose of securing the safety
of the ship, the health of the ship's personnel, or saving life at
sea, it shall be a violation of this chapter for a ship referred to
in subsection (b)(1)(A) of this section that is owned or operated
by the Department of the Navy:
(A) With regard to a submersible, to discharge buoyant garbage
or plastic.
(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship
enters port.
(C) With regard to a surface ship, to discharge plastic, except
plastic that is contaminated by food, during the last 20 days
before the ship enters port.
(4) The Secretary of Defense shall publish in the Federal
Register:
(A) Each year, the amount and nature of the discharges in
special areas, not otherwise authorized under this chapter,
during the preceding year from ships referred to in subsection
(b)(1)(A) of this section owned or operated by the Department of
the Navy.
(B) Beginning on October 1, 1996, and each year thereafter
until October 1, 1998, a list of the names of such ships equipped
with plastic processors pursuant to section 1003(e) of the
National Defense Authorization Act for Fiscal Year 1994.
(f) Waiver authority
The President may waive the effective dates of the requirements
set forth in subsection (c) of this section and in subsection
1003(e) of the National Defense Authorization Act for Fiscal Year
1994 if the President determines it to be in the paramount interest
of the United States to do so. Any such waiver shall be for a
period not in excess of one year. The President shall submit to the
Congress each January a report on all waivers from the requirements
of this section granted during the preceding calendar year,
together with the reasons for granting such waivers.
(g) Noncommercial shipping standards
The heads of Federal departments and agencies shall prescribe
standards applicable to ships excluded from this chapter by
subsection (b)(1) of this section and for which they are
responsible. Standards prescribed under this subsection shall
ensure, so far as is reasonable and practicable without impairing
the operations or operational capabilities of such ships, that such
ships act in a manner consistent with the MARPOL Protocol.
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