[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5811 Reported in House (RH)]







                                                 Union Calendar No. 398
109th CONGRESS
  2d Session
                                H. R. 5811

                          [Report No. 109-667]

 To implement the Protocol of 1997 to the International Convention for 
 the Prevention of Pollution from Ships, 1973, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2006

 Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LoBiondo, and Mr. 
   Filner) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

                           September 19, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               17, 2006]

_______________________________________________________________________

                                 A BILL


 
 To implement the Protocol of 1997 to the International Convention for 
 the Prevention of Pollution from Ships, 1973, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``MARPOL Annex VI Implementation Act 
of 2006''.

SEC. 2. REFERENCES.

    Wherever in this Act an amendment or repeal is expressed in terms 
of an amendment to or a repeal of a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
seq.).

SEC. 3. DEFINITIONS.

    Section 2(a) (33 U.S.C. 1901(a)) is amended--
            (1) by redesignating the paragraphs (1) through (12) as 
        paragraphs (2) through (13), respectively;
            (2) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
            (3) in paragraph (5), as so redesignated, by striking ``and 
        V'' and inserting ``V, and VI''; and
            (4) in paragraph (6), as so redesignated, by striking 
        ```discharge' and `garbage' and `harmful substance' and 
        `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''.

SEC. 4. APPLICABILITY.

    Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' after the semicolon at the 
                end of paragraph (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and'';
                    (C) and by adding at the end the following new 
                paragraph:
            ``(5) with respect to Annex VI to the Convention, and to 
        the extent consistent with international law, to a ship, other 
        than a ship referred to in paragraph (1), that--
                    ``(A) is in a port, shipyard, offshore terminal, or 
                the internal waters of the United States;
                    ``(B) is in the territorial sea of the United 
                States as defined in Presidential Proclamation 5928 of 
                December 27, 1988;
                    ``(C) is in an emission control area designated 
                pursuant to section 4; or
                    ``(D) is bound for, or departing a port, shipyard, 
                offshore terminal, or the internal waters of the United 
                States; and is in any other area that the 
                Administrator, in consultation with the Secretary, has 
                designated by regulation and based on the best 
                available scientific data as being an area from which 
                emissions from ships are of concern with respect to 
                protection of public health, welfare, or the 
                environment.'';
            (2) in subsection (b)(1) by inserting ``or (3)'' after 
        ``paragraph (2)'';
            (3) in subsection (b) by adding at the end the following 
        new paragraph:
    ``(3) With respect to Annex VI to the Convention, the head of a 
Federal department or agency may determine that some or all of the 
requirements under this Act shall apply to one or more classes of 
public vessels operated under the authority of such department or 
agency.''; and
            (4) in subsection (d)--
                    (A) by inserting ``, or the Administrator as 
                authorized by section 4,'' after ``Secretary'';
                    (B) by inserting ``(or an applicable Annex)'' after 
                ``MARPOL Protocol'' the first place it appears; and
                    (C) by inserting ``and Annex VI'' after ``Annex 
                V''.

SEC. 5. ADMINISTRATION AND ENFORCEMENT.

    Section 4(b) (33 U.S.C. 1903(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by inserting after paragraph (1) the following new 
        paragraphs:
    ``(2) In prescribing regulations under this section to carry out 
the provisions of Annex VI to the Convention, the Secretary shall 
consult with the Administrator with respect to Regulations 12 and 16 of 
such Annex and with the Administrator and the Secretary of the Interior 
with respect to Regulation 19 of such Annex.
    ``(3) In addition to the authority the Secretary has to prescribe 
regulations under this section to carry out Annex VI to the Convention, 
the Administrator, in consultation with the Secretary, shall prescribe 
any necessary or desired regulations to carry out Regulations 13, 14, 
15, and 18 of such Annex.''; and
            (3) by adding at the end the following new paragraph:
    ``(5) No standard issued by any person or Federal agency regarding 
emissions from tank vessels that are subject to Regulation 15 of Annex 
VI to the Convention shall be effective until six months after the date 
on which the Secretary submits a notification to the International 
Maritime Organization that such standard has been established.''.

SEC. 6. CERTIFICATES.

    Section 5 (33 U.S.C. 1904) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The'' and inserting ``(1) Except 
                as provided in paragraph (2), the''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The Administrator shall, and no other person may, issue an 
Engine International Air Pollution Prevention Certificate in accordance 
with Annex VI to the Convention 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. The 
issuance of such certificates shall be consistent with any applicable 
requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) and 
regulations promulgated thereunder.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) A certificate issued by a country that is a party to the 
MARPOL Protocol has the same validity as a certificate issued by the 
Secretary under the authority of this Act, or by the Administrator 
under the authority of subsection (a)(2).''; and
            (3) in subsection (e) by inserting ``or the public health 
        or welfare'' after ``marine environment''.

SEC. 7. RECEPTION FACILITIES.

    Section 6 (33 U.S.C. 1905) is amended--
            (1) in subsection (a) by adding at the end the following 
        new paragraph:
    ``(3) The Secretary, after consulting with appropriate Federal 
agencies, shall establish regulations to require that ports and 
terminals provide reception facilities for receiving ozone depleting 
substances, equipment containing such substances, and exhaust gas 
cleaning residues or ensure that such facilities are available. The 
regulations shall establish criteria for determining the adequacy of 
reception facilities for receiving such substances, equipment, or 
residues at a port or terminal and such additional measures and 
requirements as are appropriate to ensure such adequacy.
    ``(4) The Secretary may establish regulations to certify, and may 
issue certificates to the effect, that a port's or terminal's 
facilities for receiving such substances, equipment, and residues from 
ships are adequate.'';
            (2) in subsection (c)(2)(A) by inserting ``or (a)(3)'' 
        after ``subsection (a)(2)'';
            (3) by striking subsection (e)(2) and inserting the 
        following:
    ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by regulations issued under this section to provide 
adequate reception facilities for garbage, ozone depleting substances, 
equipment containing such substances, and exhaust gas cleaning residues 
if the port of terminal is not in compliance with such regulations.''; 
and
            (4) in subsection (f)(1) by striking ``MARPOL Protocol or 
        the Antarctic Protocol'' and inserting ``MARPOL Protocol, the 
        Antarctic Protocol, or this Act''.

SEC. 8. INSPECTIONS.

    Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
    ``(f)(1) The Secretary may inspect a ship to which this Act applies 
as provided under section 3(a)(5), to verify whether the ship is in 
compliance with Annex VI to the Convention and this Act.
    ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the Secretary may 
undertake enforcement action under this section.''.

SEC. 9. AMENDMENTS TO THE PROTOCOL.

    Section 10(b) (33 U.S.C. 1909(b)) is amended by striking ``Annex I, 
II, or V'' and by inserting ``Annex I, II, V, or VI''.

SEC. 10. EFFECT ON OTHER LAWS.

    Section 15 (33 U.S.C. 1911) is amended to read as follows:

``SEC. 15. EFFECT ON OTHER LAWS.

    ``Authorities, requirements, and remedies of this Act supplement 
and neither amend nor repeal any other authorities, requirements, or 
remedies conferred by any other provision of law. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other authority, 
requirement, or remedy available to the United States or any other 
person, except as expressly provided in this Act.''.

SEC. 11. TECHNICAL CORRECTIONS.

    Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b), 
and (d)) are amended by striking the second comma after ``MARPOL 
Protocol'' each place it appears.
                                                 Union Calendar No. 398

109th CONGRESS

  2d Session

                               H. R. 5811

                          [Report No. 109-667]

_______________________________________________________________________

                                 A BILL

 To implement the Protocol of 1997 to the International Convention for 
 the Prevention of Pollution from Ships, 1973, and for other purposes.

_______________________________________________________________________

                           September 19, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed