[House Report 109-667]
[From the U.S. Government Publishing Office]





109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-667

======================================================================



 
               MARPOL ANNEX VI IMPLEMENTATION ACT OF 2006

                                _______
                                

 September 19, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5811]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5811) to implement the Protocol of 
1997 to the International Convention for the Prevention of 
Pollution from Ships, 1973, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                       Purpose of the Legislation

    H.R. 5811, the MARPOL Annex VI Implementation Act of 2006, 
would implement vessel emission standards that were agreed to 
under Annex VI to the International Convention for the 
Prevention of Pollution from Ships (MARPOL Convention) for 
purposes of United States law.

                Background and Need for the Legislation

    In 1997, the International Maritime Organization adopted 
Annex VI to the International Convention for the Prevention of 
Pollution from Ships (MARPOL Convention) which establishes 
international regulations that set limits on sulfur oxide and 
nitrogen oxide emissions from ship exhausts and prohibits 
deliberate emissions of ozone depleting substances. In April of 
this year, the Senate acceded to the treaty by unanimous 
consent. Annex VI entered into force internationally on May 19, 
2006.
    Under the Act to Prevent Pollution from Ships, the Coast 
Guard currently enforces Annexes I, II, and V to the MARPOL 
Convention on U.S.-flag and foreign-flag vessels operating in 
the navigable waters of the United States. The Coast Guard also 
enforces regulations that require ports and terminals to 
provide adequate access to trash receptacle facilities. Any 
violations of these regulations found by the Coast Guard may 
result in administrative, civil, or criminal actions.
    H.R. 5811 would amend the Act to Prevent Pollution from 
Ships to require the Coast Guard to administer and enforce 
vessel emission standards and requirements that are outlined 
under Annex VI to the MARPOL Convention.

                       Summary of the Legislation

    H.R. 5811, the MARPOL Annex VI Implementation Act of 2006, 
requires the Coast Guard and, in some cases, the Environmental 
Protection Agency (EPA) to promulgate regulations to implement 
vessel air emission standards and requirements that are 
outlined under Annex VI to the MARPOL Convention.
    The Committee recognizes that the Coast Guard may not have 
the specialized expertise necessary to solely conduct the 
rulemaking process to implement several standards regarding the 
emission of nitrogen oxide (NOX), sulfur oxide 
(SOX), and volatile organic compounds and quality 
standards for vessel fuel oil. For this reason, the bill would 
require the EPA to promulgate regulations to establish such 
standards in consultation with the Coast Guard. However, the 
Committee does not intend to transfer any authorities under 
current law regarding the promulgation, administration or 
enforcement of regulations regarding vessel requirements under 
MARPOL Annexes I, II, and V, Annex IV to the Antarctic 
Protocol.
    Section 1 states that the legislation may be referred to as 
the ``MARPOL Annex VI Implementation Act of 2006''.
    Section 2 clarifies that any reference to a section or 
other provision refers to a section or other provision of the 
Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).
    Section 3 adds a definition of ``Administrator'' to the Act 
to mean the Administrator of the Environmental Protection 
Agency and makes several conforming changes to existing law to 
reflect the adoption of MARPOL Annex VI.
    Section 4 establishes applicability for vessel air emission 
regulations issued under section 4 of the Act to Prevent 
Pollution from Ships. Under this section, U.S. vessels, vessels 
that are operating in the territorial sea, in emission control 
areas, and in areas designated by the Administrator, in 
consultation with the Secretary of the department in which the 
Coast Guard is operating, are required to comply with vessel 
air emission regulations that are issued by the Coast Guard and 
EPA. This section also authorizes, but does not require, heads 
of each Federal department or agency to determine that some or 
all of the requirements regarding vessel air emissions for 
public vessels operated under that department or agency's 
authority.
    Under Annex VI to the MARPOL Convention, vessel air 
emission standards regarding nitrogen oxides (NOX) 
apply only to vessels with marine engines rated above 130 
kilowatts, or 175 horsepower. Section 4 does not apply 
standards under Annex VI to the MARPOL Convention to any vessel 
equipped with an engine below this threshold.
    Section 5 requires the Secretary of the department in which 
the Coast Guard is operating and the Administrator of the 
Environmental Protection Agency to promulgate regulations to 
carry out Annex VI to the MARPOL Convention. In accordance with 
Annex VI, this section also prohibits any standard regarding 
the emission of volatile organic compounds from vessels from 
taking effect until six months after the International Maritime 
Organization has been notified that such standards have been 
established.
    Section 6 prohibits any person other than the Administrator 
of the Environmental Protection Agency from issuing Engine 
International Air Pollution Prevention Certificates on behalf 
of the United States and requires that such certificates are 
issued consistently with regulations and requirements under the 
Clean Air Act. Under the Convention, each vessel greater than 
400 gross tons and offshore terminal is issued an International 
Air Pollution Prevention Certificate to certify that the 
equipment vessel is in compliance with all applicable 
requirements under MARPOL Annex VI and an Engine International 
Air Pollution Prevention Certificate to certify that each 
engine or engine group is in compliance with nitrogen 
NOX standards under Regulation 13 of Annex VI to the 
Convention. This section also includes language that 
recognizes, for purposes of compliance under U.S. law, a 
certificate issued by another nation that is party to the 
MARPOL protocol. Section 6 does not authorize the Administrator 
to issue anycertificate under this Act other than the Engine 
International Air Pollution Prevention Certificate.
    Section 7 requires the Secretary of the Department in which 
the Coast Guard is operating to promulgate regulations that 
require ports and terminals to provide or ensure the 
availability of adequate reception facilities for ozone 
depleting substances, equipment containing such substances and 
exhaust cleaning residues. This section also authorizes the 
Coast Guard to deny a vessel entry into a port or terminal 
that, in the Coast Guard's determination, is not in compliance 
with such regulations.
    The Committee recommends that the Coast Guard take efforts 
to develop regulations under this section to be consistent with 
existing regulations regarding the availability of reception 
facilities for garbage under MARPOL Annex V and section 6 of 
the Act to Prevent Pollution for Ships.
    Section 8 authorizes the Coast Guard to carry out 
inspections to verify that vessels are in compliance with 
requirements under MARPOL Annex VI and to carry out enforcement 
actions for violations of such requirements and regulations.
    Section 9 makes a conforming change to current law to 
reflect the adoption of MARPOL Annex VI.
    Section 10 includes language that clarifies that 
authorities, requirements and remedies that are provided under 
the Act to Prevent Pollution from Ships do not amend or repeal 
any authorities, requirements and remedies provided under any 
other provision of law.
    Section 11 makes several clerical corrections to current 
law.

            Legislative History and Committee Consideration

    H.R. 5811, the MARPOL Annex VI Implementation Act of 2006, 
was introduced by Committee on Transportation and 
Infrastructure Chairman Don Young on July 17, 2006, and is co-
sponsored by Committee on Transportation and Infrastructure 
Ranking Minority Member James L. Oberstar and Subcommittee on 
Coast Guard and Maritime Transportation Chairman Frank A. 
LoBiondo and Ranking Minority Member Bob Filner.
    The Subcommittee on Coast Guard and Maritime Transportation 
held a legislative hearing on July 11, 2006, to review a draft 
bill which was nearly identical to H.R. 5811, as introduced. 
During a Full Committee mark-up on July 19, 2006, the 
Subcommittee was discharged from further consideration of the 
bill. At the mark-up, Subcommittee Chairman Frank A. LoBiondo 
offered an en bloc amendment that gave the EPA limited 
authorities to issue regulations, in consultation with the 
Coast Guard, regarding the emissions of nitrogen oxides, sulfur 
oxides, and volatile organic compounds and the use of an 
improved quality of fuel oil by vessels covered by MARPOL Annex 
VI and the Act to Prevent Pollution from Ships. The LoBiondo 
amendment was approved by unanimous voice vote and the bill, as 
amended, was ordered favorably reported by unanimous voice 
vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes during consideration of the bill.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals of H.R. 5811 are to implement vessel emission 
standards and requirements under MARPOL Annex VI for purposes 
of U.S. law.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5811 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5811, the MARPOL 
Annex VI Implementation Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Susanne Mehlman.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5811--MARPOL Annex VI Implementation Act of 2006

    H.R. 5811 would implement the Protocol of 1997 to the 
International Convention for the Prevention of Pollution from 
Ships, 1973 (MARPOL). Based on information provided by the U.S. 
Coast Guard (USCG) and the Environmental Protection Agency 
(EPA), CBO estimates that implementing H.R. 5811 would cost EPA 
$2 million over the next three years. Enacting the bill would 
not affect direct spending or revenues.
    Under H.R. 5811, EPA and the USCG would establish 
regulations to implement MARPOL Annex VI, which addresses air 
pollution from ships. The USCG would enforce those regulations. 
Based on information provided by EPA, CBO estimates that 
developing the necessary regulations would cost the agency 
about $2 million over the next three years. CBO estimates that 
implementing the bill would have no significant effect on the 
Coast Guard's operating budget because the agency already has 
enforcement responsibilities under MARPOL that would probably 
not change significantly.
    CBO has not reviewed H.R. 5811 for the presence of 
intergovernmental or private-sector mandates. Section 4 of the 
Unfunded Mandates Reform Act excludes from the application of 
that act any legislative provisions that are necessary for the 
ratification or implementation of international treaty 
obligations. CBO has determined that H.R. 5811 falls within 
that exclusion because it would implement Annex VI of the 
MARPOL Convention.
    The CBO staff contacts for this estimate are Deborah Reis 
and Susanne Mehlman. This estimate was approved by Robert A. 
Sunshine, Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

ACT TO PREVENT POLLUTION FROM SHIPS

           *       *       *       *       *       *       *


    Sec. 2. (a) Unless the context indicates otherwise, as used 
in this Act--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          [(1)] (2) ``Antarctica'' means the area south of 60 
        degrees south latitude;
          [(2)] (3) ``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)] (4) ``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)] (5) ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        [and V] V, and VI 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''] (6) ``discharge'', 
        ``emission'', ``garbage'', ``harmful substance'', and 
        ``incident'' shall have the meanings provided in the 
        Convention;
          [(6)] (7) ``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)] (8) ``operator'' means--
    (a) * * *

           *       *       *       *       *       *       *

          [(8)] (9) ``person'' means an individual, firm, 
        public or private corporation, partnership, 
        association, State, municipality, commission, political 
        subdivision of a State, or any interstate body;
          [(9)] (10) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(10)] (11) ``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)] (12) ``submersible'' means a submarine, or any 
        other vessel designed to operate under water; and
          [(12)] (13) ``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.

           *       *       *       *       *       *       *

    Sec. 3. (a) This Act shall apply--
          (1) * * *

           *       *       *       *       *       *       *

          (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 6 of this Act, any port or terminal in the 
        United States[.]; and
          (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.
  (b)(1) Except as provided in paragraph (2) or (3), this Act 
shall not apply to--
          (A) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (d) The Secretary, or the Administrator as authorized by 
section 4, shall prescribe regulations applicable to the ships 
of a country not a party to the MARPOL Protocol (or an 
applicable Annex), including regulations conforming to and 
giving effect to the requirements of Annex V and Annex VI as 
they apply under subsection (a) of section 3, to ensure that 
their treatment is not more favorable than that accorded ships 
to parties to the MARPOL Protocol.

           *       *       *       *       *       *       *

    Sec. 4. (a) * * *
  (b)(1) * * *
  (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.
  [(2)] (4) The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) * * *

           *       *       *       *       *       *       *

  (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. 5. (a) [The] (1) Except as provided in paragraph (2), 
the Secretary shall designate those persons authorized to issue 
on behalf of the United States the certificates required by the 
MARPOL Protocol. A certificate required by the MARPOL Protocol 
shall not be issued to a ship which is registered in or of the 
nationality of a country which is not a party to the MARPOL 
Protocol.
  (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.
  [(b) A certificate issued by a country which is a party to 
the MARPOL Protocol has the same validity as a certificate 
issued by the Secretary under the authority of the MARPOL 
Protocol.]
  (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).

           *       *       *       *       *       *       *

  (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) * * *

           *       *       *       *       *       *       *

shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
environment or the public health or welfare. The detention 
order may authorize the ship to proceed to the nearest 
appropriate available shipyard rather than remaining at the 
place where the violation was discovered.

           *       *       *       *       *       *       *

    Sec. 6. (a)(1) * * *

           *       *       *       *       *       *       *

      (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.

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2)(A) Subject to subparagraph (B), if reception facilities 
of a port or terminal meet the requirements of Annex V to the 
Convention and the regulations prescribed under subsection 
(a)(2) or (a)(3), the Secretary may, after consultation with 
appropriate Federal agencies, issue a certificate to that 
effect to the person in charge of the port or terminal.

           *       *       *       *       *       *       *

  (e)(1) * * *
  [(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 if the port 
or terminal is not in compliance with those regulations.]
  (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.
  (f)(1) The Secretary is authorized to conduct surveys of 
existing reception facilities in the United States to determine 
measures needed to comply with the [MARPOL Protocol or the 
Antarctic Protocol] MARPOL Protocol, the Antarctic Protocol, or 
this Act.

           *       *       *       *       *       *       *

    Sec. 8. (a) * * *

           *       *       *       *       *       *       *

  [(f) Remedies and requirements of this Act supplement and 
neither amend nor repeal any other provisions of law, except as 
expressly provided in this Act. Nothing in this Act shall 
limit, deny, amend, modify, or repeal any other remedy 
available to the United States or any other person, except as 
expressly provided in this Act.]
  (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. (a) A person who knowingly violates the MARPOL 
Protocol,[,] Annex IV to the Antarctic Protocol, This Act, or 
the regulations issued thereunder commits a class D felony. In 
the discretion of the Court, an amount equal to not more than 
\1/2\ of such fine may be paid to the person giving information 
leading to conviction.
  (b) A person who is found by the Secretary, after notice and 
an opportunity for a hearing, to have--
          (1) violated the MARPOL Protocol,[,] Annex IV to the 
        Antarctic Protocol, this Act, or the regulations issued 
        thereunder shall be liable to the United States for a 
        civil penalty, not to exceed $25,000 for each 
        violation; or
          (2) made a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary 
        under the MARPOL Protocol,[,] Annex IV to the Antarctic 
        Protocol, this Act, or the regulations thereunder, 
        shall be liable to the United States for a civil 
        penalty, not to exceed $5,000 for each statement or 
        representation.

           *       *       *       *       *       *       *

  (d) A ship operated in violation of the MARPOL Protocol,[,] 
Annex IV to the Antarctic Protocol, this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.

           *       *       *       *       *       *       *

    Sec. 10. (a) * * *
  (b) A proposed amendment to [Annex I, II, or V] Annex I, II, 
V, or VI to the Convention, appendices to those Annexes, or 
Protocol I of the Convention received by the United States from 
the Secretary-General of the International Maritime 
Organization pursuant to Article VI of the MARPOL Protocol, may 
be the subject of appropriate action on behalf of the United 
States by the Secretary of State following consultation with 
the Secretary, who shall inform the Secretary of State as to 
what action he considers appropriate at least 30 days prior to 
the expiration of the period specified in Article VI of the 
MARPOL Protocol during which objection may be made to any 
amendment received.

           *       *       *       *       *       *       *

    [Sec. 15. Nothing in this Act shall be construed as 
limiting, diminishing, or otherwise restricting any of the 
authority of the Secretary under the Port and Tanker Safety Act 
of 1978 (Public Law 95-474).]

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.

           *       *       *       *       *       *       *


                        Committee Correspondence

                          House of Representatives,
                          Committee on Energy and Commerce,
                                Washington, DC, September 19, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Rayburn House Office Building,
Washington, DC.
    Dear Chairman Young: I write regarding H.R. 5811, MARPOL 
Annex VI Implementation Act of 2006. This legislation contains 
provisions that fall within the jurisdiction of the Committee 
on Energy and Commerce.
    I recognize your desire to bring this legislation before 
the House in an expeditious manner. Accordingly, I will not 
exercise my Committee's right to a referral. By agreeing to 
waive its consideration of the bill, however, the Energy and 
Commerce Committee does not waive its jurisdiction over H.R. 
5811. In addition, the Energy and Commerce Committee reserves 
its right to seek conferees on any provisions of the bill that 
are within its jurisdiction during any House-Senate conference 
that may be convened on this or similar legislation. I ask for 
your commitment to support any request by the Energy and 
Commerce Committee for conferees on H.R. 5811 or similar 
legislation.
    I request that you include this letter in the Committee's 
report on H.R. 5811, and I look forward to working with you as 
we prepare to pass this important energy legislation for the 
American people.
            Sincerely,
                                                Joe Barton,
                                                          Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                Washington, DC, September 19, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Rayburn Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of September 
19, 2006 regarding H.R. 5811, the MARPOL Annex VI 
Implementation Act of 2006. Your assistance in expediting 
consideration of the bill is very much appreciated.
    I agree that there are certain provisions in the bill that 
are of jurisdictional interest to the Committee on Energy and 
Commerce and I agree that by foregoing a sequential referral, 
the Committee on Energy and Commerce is not waving its 
jurisdiction. Be assured that I will support your request to be 
represented in conference on H.R. 5811 or similar legislation 
on those provisions within the jurisdiction of the Energy and 
Commerce Committee.
    As you have requested, I will include this exchange of 
letters in the Committee report on the bill. Thank you for your 
cooperation.
            Sincerely,
                                                 Don Young,
                                                          Chairman.

                                  
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