Notes on 33 U.S.C. § 1902 : US Code - Notes

Search Notes on 33 U.S.C. § 1902 : US Code - Notes

(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.)
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.
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."