59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–54 

MARITIME POLLUTION PREVENTION ACT OF 2007 

MARCH 20, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 802] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 802) to amend the Act to Prevent Pollution from Ships to implement MARPOL Annex VI, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Maritime Pollution Prevention Act of 2007’’. 

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’’; 

(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’ ’’; and 

(5) by redesignating paragraphs (7) through (13) (as redesignated) as paragraphs (8) through (14), respectively, and inserting after paragraph (6) (as redesignated) the following: 


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‘‘(7) ‘navigable waters’ includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal 

waters of the United States;’’. 

SEC. 4. APPLICABILITY. 

Section 3 (33 U.S.C. 1902) is amended— (1) in subsection (a)— (A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by striking the period at the end of paragraph (4) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following: ‘‘(5) with respect to Annex VI to the Convention, and other than with respect 

to a ship referred to in paragraph (1)— ‘‘(A) to a ship that is in the navigable waters of the United States; 

‘‘(B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— ‘‘(i) an emission control area designated pursuant to section 4; or 

‘‘(ii) any other area that the Administrator, in consultation with the 

Secretary, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public 

health, welfare, or the environment; ‘‘(C) to a ship that is entitled to fly the flag of, or operating under the 

authority of, a party to Annex VI, and is in— ‘‘(i) an emission control area designated under section 4; or 

‘‘(ii) any other area that the Administrator, in consultation with the 

Secretary, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public 

health, welfare, or the environment; and ‘‘(D) to the extent consistent with international law, to any other ship 

that is in— ‘‘(i) the exclusive economic zone of the United States; 

‘‘(ii) an emission control area designated under section 4; or 

‘‘(iii) any other area that the Administrator, in consultation with the 

Secretary, has designated by order 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: ‘‘(3) With respect to Annex VI the Administrator, or the Secretary, as relevant to 

their authorities pursuant to this Act, may determine that some or all of the requirements under this Act shall apply to one or more classes of public vessels, except that such a determination by the Administrator shall have no effect unless the 

head of the Department or agency under which the vessels operate concurs in the 

determination. This paragraph does not apply during time of war or during a declared national emergency.’’; 

(4) by redesignating subsections (c) through (g) as subsections (d) through (h), 

respectively, and inserting after subsection (b) the following: 

‘‘(c) APPLICATION TO OTHER PERSONS.—This Act shall apply to all persons to the 

extent necessary to ensure compliance with Annex VI to the Convention.’’; and 

(5) in subsection (e), as redesignated—

(A) by inserting ‘‘or the Administrator, consistent with section 4 of this 

Act,’’ after ‘‘Secretary’’; 

(B) by striking ‘‘of section (3)’’ and inserting ‘‘of this section’’; and 

(C) by striking ‘‘Protocol, including regulations conforming to and giving 

effect to the requirements of Annex V’’ and inserting ‘‘Protocol (or the applicable Annex), including regulations conforming to and giving effect to the 

requirements of Annex V and Annex VI’’. 

SEC. 5. ADMINISTRATION AND ENFORCEMENT. 

Section 4 (33 U.S.C. 1903) is amended—

(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: 

‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to other duties specified in this 

Act, the Administrator and the Secretary, respectively, shall have the following duties and authorities: 

‘‘(1) The Administrator shall, and no other person may, issue Engine International Air Pollution Prevention certificates in accordance with Annex VI 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 for a vessel of the United States as that term is defined in section 116 


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of title 46, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements 

of the Clean Air Act or regulations prescribed under that Act. ‘‘(2) The Administrator shall have authority to administer regulations 12, 13, 

14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. ‘‘(3) The Secretary and the Administrator shall coordinate on the administration and enforcement of Annex VI to the Convention.’’; 

(2) in subsection (c), as redesignated, by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following: ‘‘(2) In addition to the authority the Secretary has to prescribe regulations under 

this Act, the Administrator shall also prescribe any necessary or desired regulations 

to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex 

VI to the Convention. 

‘‘(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and with respect to regulation 19, with 

the Secretary of the Interior.’’; and 

(3) by adding at the end of subsection (c), as redesignated, the following: 

‘‘(5) No standard issued by any person or Federal authority, with respect to emissions from tank vessels subject to regulation 15 of Annex VI to the Convention, shall 

be effective until 6 months after the required notification to the International Maritime Organization by the Secretary.’’. 

SEC. 6. CERTIFICATES. 

Section 5 (33 U.S.C. 1904) is amended—

(1) in subsection (a) by striking ‘‘The Secretary’’ and inserting ‘‘Except as provided in section 4(b)(1), the Secretary’’; 

(2) in subsection (b) by striking ‘‘Secretary under the authority of the 

MARPOL protocol.’’ and inserting ‘‘Secretary or the Administrator under the authority of this Act.’’; and 

(3) in subsection (e) by striking ‘‘environment.’’ and inserting ‘‘environment or 

the public health and welfare.’’. 

SEC. 7. RECEPTION FACILITIES. 

Section 6 (33 U.S.C. 1905) is amended—

(1) in subsection (a) by adding at the end the following: 

‘‘(3) The Secretary or the Administrator, after consulting with appropriate Federal 

agencies, shall prescribe regulations setting criteria for determining the adequacy 

of reception facilities for receiving ozone depleting substances, equipment containing 

such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such 

adequacy. Persons in charge of ports and terminals shall provide reception facilities, 

or ensure that reception facilities are available, in accordance with those regulations. The Secretary or the Administrator may prescribe regulations to certify, and 

may issue certificates to the effect, that a port’s or terminal’s facilities for receiving 

ozone depleting substances, equipment containing such substances, and exhaust gas 

cleaning residues from ships are adequate.’’; 

(2) in subsection (b) by inserting ‘‘or the Administrator’’ after ‘‘Secretary’’; 

(3) in subsection (e) by striking paragraph (2) and inserting the following: 

‘‘(2) The Secretary may deny the entry of a ship to a port or terminal required 

by the MARPOL Protocol, this Act, or regulations prescribed under this section relating to the provision of adequate reception facilities for garbage, ozone depleting 

substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the MARPOL Protocol, this 

Act, or those regulations.’’; 

(4) in subsection (f)(1) by striking ‘‘Secretary is’’ and inserting ‘‘Secretary and 

the Administrator are’’; and 

(5) in subsection (f)(2) by striking ‘‘(A)’’. 

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, or the Administrator in a matter referred 

by the Secretary, may undertake enforcement action under this section. 

‘‘(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17 and 18 of 

Annex VI to the Convention to the extent that shoreside violations are the subject 


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of the action and in any other matter referred to the Administrator by the Secretary.’’. 

SEC. 9. AMENDMENTS TO THE PROTOCOL. 

Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting ‘‘or the Administrator 

as provided for in this Act,’’ after ‘‘Secretary,’’. 

SEC. 10. PENALTIES. 

Section 9 (33 U.S.C. 1908) is amended— (1) by striking ‘‘Protocol,,’’ each place it appears and inserting ‘‘Protocol,’’; 

(2) in subsection (b)— (A) by inserting ‘‘, or the Administrator as provided for in this Act’’ after ‘‘Secretary’’ the first place it appears; 

(B) in paragraph (2), by inserting ‘‘, or the Administrator as provided for 

in this Act,’’ after ‘‘Secretary’’; and 

(C) in the matter after paragraph (2)— (i) by inserting ‘‘, or the Administrator as provided for in this Act’’ after ‘‘Secretary’’ the first place it appears; and 

(ii) by inserting ‘‘, or the Administrator as provided for in this Act,’’ after ‘‘Secretary’’ the second and third places it appears; 

(3) in subsection (c), by inserting ‘‘, or the Administrator as provided for in 

this Act,’’ after ‘‘Secretary’’ each place it appears; and 

(4) in subsection (f), by inserting ‘‘, or the Administrator as provided for in 

this Act’’ after ‘‘Secretary’’ the first place appears. 

SEC. 11. 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.’’. 

Amend the title so as to read: 

A bill to amend the Act to Prevent Pollution from Ships to implement MARPOL 

Annex VI. 

PURPOSE OF THE LEGISLATION

H.R. 802, the Maritime Pollution Prevention Act of 2007, implements 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 2006, 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 U.S. 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. 


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H.R. 802 amends the Act to Prevent Pollution from Ships to require the Coast Guard and the Environmental Protection Agency 

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. 802, the Maritime Pollution Prevention Act of 2007, requires the Coast Guard and the Environmental Protection Agency 

(EPA) to prescribe regulations to implement vessel air emission 

standards and requirements that are outlined under Annex VI to 

the MARPOL Convention. The Convention applies to marine diesel 

engines rated above 130 kilowatts (175 horsepower) that are purchased or modified after January 1, 2000. In October 1999, the 

EPA established a voluntary certification program so engine manufacturers could show that they have compliant engines. EPA believes that all marine diesel engines above 130 kilowatts sold in the 

U.S. since January 1, 2000, meet the requirements of MARPOL 

Annex VI. 

The bill requires the EPA, in consultation with the Coast Guard, 

to promulgate regulations to establish standards for nitrogen oxides (NOX), sulfur oxides (SOX), and volatile organic compounds 

and quality standards for vessel fuel oil. H.R. 802 does not transfer 

any Coast Guard 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, or the Act to Prevent Pollution from 

Ships. 

Section 1. Short title 

Section 1 states that the legislation may be referred to as the ‘‘Maritime Pollution Prevention Act of 2007’’. 

Section 2. References 

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. Definitions 

Section 3 adds a definition of ‘‘Administrator’’ to the Act and 

makes several conforming changes to existing law to reflect the 

adoption of MARPOL Annex VI. 

Section 4. Applicability 

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 and foreign 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 applies 

Annex VI to the U.S. Exclusive Economic Zone to the extent that 

this is consistent with international law. This section also authorizes, but does not require, heads of each Federal department or 


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agency to determine that some or all of the requirements apply regarding vessel air emissions for public vessels operated under that 

department or agency’s authority. Section 17 of the Act to Prevent 

Pollution from Ships already states that any action taken under 

that Act must be taken in accordance with international law. 

Therefore, this limitation also applies to these amendments to that 

Act. 

Under Annex VI to the MARPOL Convention signatory nations 

are only required to apply vessel air emission standards regarding 

NOx to vessels with marine engines rated above 130 kilowatts, or 

175 horsepower. The Committee does not intend to apply standards 

under Annex VI to the MARPOL Convention to any vessel 

equipped with an engine below this threshold. 

Section 5. Administration and enforcement 

Section 5 requires the Secretary of the department in which the 

Coast Guard is operating and the Administrator of the Environmental Protection Agency to prescribe 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 5 also 

prohibits any person other than the Administrator of the Environmental Protection Agency from issuing an Engine International Air 

Pollution Prevention Certificate on behalf of the United States for 

U.S.-flag vessels and requires that such certificates are issued consistently with regulations and requirements under the Clean Air 

Act. 

Section 6. Certificates 

Section 6 requires that each vessel greater than 400 gross tons 

and each offshore terminal be issued an International Air Pollution 

Prevention Certificate to certify that the equipment in the 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 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 5(b) of 

the Act to Prevent Pollution from Ships states that ‘‘[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.’’ This subsection also applies to 

certificates issued by foreign governments under MARPOL Annex 

VI. 

Section 7. Reception facilities 

Section 7 requires the Secretary of the department in which the 

Coast Guard is operating or the EPA Administrator to prescribe 

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 


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deny a vessel entry into a port or terminal that, in the Coast 

Guard’s determination, is not in compliance with such regulations. 

Section 8. Inspections 

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. Amendments to the protocol 

Section 9 makes a conforming change to current law to reflect 

the adoption of MARPOL Annex VI. 

Section 10. Penalties 

Section 10 authorizes the Administrator of EPA, in addition to 

the Coast Guard, to assess civil penalties for violations of Annex 

VI. 

Section 11. Effect on other laws 

Section 11 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, including the Clean Air Act of 1990 and the rights of States 

under that Act. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, Committee on Transportation and Infrastructure Chairman Oberstar and Subcommittee on Coast Guard 

and Maritime Transportation Chairman Cummings introduced 

H.R. 802, the Maritime Pollution Prevention Act. On February 7, 

2007, the Committee on Transportation and Infrastructure met in 

open session to consider H.R. 802. During consideration of the bill, 

the Committee adopted by voice vote an amendment in the nature 

of a substitute that clarified that application of MARPOL Annex VI 

applied in the U.S. Exclusive Economic Zone to the extent consistent with international law; clarified that the head of any Federal agency must agree to the application of Annex VI to vessels 

operated by that agency before the Annex applies to those vessels; 

and clarified that only the U.S. Government can issue an air quality emissions certificate for U.S.-flag vessels. The Committee on 

Transportation and Infrastructure ordered H.R. 802 reported favorably to the House by voice vote. 

In the 109th Congress, H.R. 5811, the MARPOL Annex VI Implementation Act of 2006, was introduced by the bipartisan leadership 

of the Committee. 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 markup on July 19, 2006, the 

Subcommittee was discharged from further consideration of the 

bill. At the markup, the Committee adopted by voice vote 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 


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covered by MARPOL Annex VI and the Act to Prevent Pollution 

from Ships. The bill, as amended, was ordered reported favorably 

to the House by voice vote. On September 28, 2006, H.R. 5681, the 

Coast Guard Authorization Act of 2006, was amended on the floor 

of the House to add the text of H.R. 5811. H.R. 5681 passed the 

House by voice vote. 

RECORD 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 record 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 recorded 

votes during consideration of the bill. A motion to order H.R. 802, 

as amended, reported favorably to the House was agreed to by 

voice vote with a quorum present. 

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. 802 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. 802 from the Director of the Congressional Budget Office. 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, February 12, 2007. 

Hon. JAMES L. OBERSTAR, 

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. 802, the Maritime Pollution Prevention Act of 2007. 

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, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 802—Maritime Pollution Prevention Act of 2007 

H.R. 802 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. 802 would cost about $4 

million over the next five years, subject to the availability of appropriated funds. Enacting the bill would not affect direct spending or 

revenues. 

Under H.R. 802, EPA and the USCG would establish regulations 

to implement MARPOL Annex VI, which addresses air pollution 

from ships. Both EPA and the USCG would be authorized to enforce those regulations, which would affect pollution from marine 

fuels. Based on information provided by EPA, CBO estimates that 

developing new regulations would cost that agency $2 million over 

the next three years and that ongoing enforcement activities would 

cost $1 million annually thereafter. We estimate that implementing 

the bill would have no significant effect on the Coast Guard’s operating budget because that agency already has enforcement responsibilities under MARPOL that would probably not change significantly. 

CBO has not reviewed the bill 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 the legislation 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 Peter H. 

Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 802, the Maritime Pollution Prevention Act 

of 2007, does not contain any congressional earmarks, limited tax 


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benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 

9(f) of rule XXI of the Rules of the House of Representatives. 

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). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 802 does not preempt any state, local, or tribal law. 

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. 

ø(1)¿ (2) ‘‘Antarctica’’ means the area south of 60 degrees 

south latitude; 


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ø(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; 

ø(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; 

ø(4)¿ (5) ‘‘Convention’’ means the International Convention 

for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, øand 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; 

ø(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; 

(7) ‘‘navigable waters’’ includes the territorial sea of the 

United States (as defined in Presidential Proclamation 5928 of 

December 27, 1988) and the internal waters of the United 

States; 

ø(6)¿ (8) ‘‘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; 

ø(7)¿ (9) ‘‘operator’’ means—

(a) * * * 

* * * * * * * 

ø(8)¿ (10) ‘‘person’’ means an individual, firm, public or private corporation, partnership, association, State, municipality, 

commission, political subdivision of a State, or any interstate 

body; 

ø(9)¿ (11) ‘‘Secretary’’ means the Secretary of the department 

in which the Coast Guard is operating; 

ø(10)¿ (12) ‘‘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; 

ø(11)¿ (13) ‘‘submersible’’ means a submarine, or any other 

vessel designed to operate under water; and 

ø(12)¿ (14) ‘‘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; øand¿ 


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(4) with respect to regulations prescribed under section 6 of 

this Act, any port or terminal in the United Statesø.¿; and 

(5) with respect to Annex VI to the Convention, and other 

than with respect to a ship referred to in paragraph (1)— (A) to a ship that is in the navigable waters of the United 

States; 

(B) to a ship that is bound for, or departing from, a port, 

shipyard, offshore terminal, or the internal waters of the 

United States, and is in— (i) an emission control area designated pursuant to 

section 4; or 

(ii) any other area that the Administrator, in consultation with the Secretary, has designated by order 

as being an area from which emissions from ships are 

of concern with respect to protection of public health, 

welfare, or the environment; 

(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is 

in— (i) an emission control area designated under section 

4; or 

(ii) any other area that the Administrator, in consultation with the Secretary, has designated by order 

as being an area from which emissions from ships are 

of concern with respect to protection of public health, 

welfare, or the environment; and 

(D) to the extent consistent with international law, to any 

other ship that is in— (i) the exclusive economic zone of the United States; 

(ii) an emission control area designated under section 4; or 

(iii) any other area that the Administrator, in consultation with the Secretary, has designated by order 

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 the Administrator, or the Secretary, 

as relevant to their authorities pursuant to this Act, may determine 

that some or all of the requirements under this Act shall apply to 

one or more classes of public vessels, except that such a determination by the Administrator shall have no effect unless the head of the 

Department or agency under which the vessels operate concurs in 

the determination. This paragraph does not apply during time of 

war or during a declared national emergency. 

(c) APPLICATION TO OTHER PERSONS.—This Act shall apply to all 

persons to the extent necessary to ensure compliance with Annex VI 

to the Convention. 

ø(c)¿ (d) 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 


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operated by the Department of the Navy, shall comply with the 

special area requirements of Regulation 5 of Annex V to the Convention. 

* * * * * * * 

ø(d)¿ (e) The Secretary or the Administrator, consistent with section 4 of this Act, shall prescribe regulations applicable to the ships 

of a country not a party to the MARPOL øProtocol, including regulations conforming to and giving effect to the requirements of 

Annex V¿ Protocol (or the applicable Annex), including regulations 

conforming to and giving effect to the requirements of Annex V and 

Annex VI as they apply under subsection (a) øof section 3¿ of this 

section, to ensure that their treatment is not more favorable than 

that accorded ships to parties to the MARPOL Protocol. 

ø(e)¿ (f) 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. 

* * * * * * * 

ø(f)¿ (g) 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. 

ø(g)¿ (h) The heads of Federal departments and agencies shall 

prescribe standards applicable to ships excluded from this Act 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. 

SEC. 4. (a) * * * 

(b) DUTY OF THE ADMINISTRATOR.—In addition to other duties 

specified in this Act, the Administrator and the Secretary, respectively, shall have the following duties and authorities: 

(1) The Administrator shall, and no other person may, issue 

Engine International Air Pollution Prevention certificates in accordance with Annex VI 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 for a vessel of the United States as that term is defined 

in section 116 of title 46, United States Code. The issuance of 

Engine International Air Pollution Prevention certificates shall 

be consistent with any applicable requirements of the Clean Air 

Act or regulations prescribed under that Act. 


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(2) The Administrator shall have authority to administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the 

Convention. 

(3) The Secretary and the Administrator shall coordinate on 

the administration and enforcement of Annex VI to the Convention. 

ø(b)¿ (c)(1) The Secretary shall prescribe any necessary or desired regulations to carry out the provisions of the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this Act. 

(2) In addition to the authority the Secretary has to prescribe regulations under this Act, the Administrator shall also prescribe any 

necessary or desired regulations to carry out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the Convention. 

(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and 

with respect to regulation 19, with the Secretary of the Interior. 

ø(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 authority, with 

respect to emissions from tank vessels subject to regulation 15 of 

Annex VI to the Convention, shall be effective until 6 months after 

the required notification to the International Maritime Organization 

by the Secretary. 

ø(c)¿ (d) The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the MARPOL Protocol, this Act, or the regulations thereunder. 

SEC. 5. (a) øThe Secretary¿ Except as provided in section 

4(b)(1), 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. 

(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 øSecretary under the authority of the MARPOL Protocol.¿ Secretary or the Administrator under the authority of this Act. 

* * * * * * * 

(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) which does not have a valid certificate onboard; or 

(2) whose condition or whose equipment’s condition does not 

substantially agree with the particulars of the certificate onboard; 

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 øenvironment.¿ environment or 

the public health and welfare. The detention order may authorize 

the ship to proceed to the nearest appropriate available shipyard 


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rather than remaining at the place where the violation was discovered. 

* * * * * * * 

SEC. 6. (a)(1) * * * 

* * * * * * * 

(3) The Secretary or the Administrator, after consulting with appropriate Federal agencies, shall prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, 

and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and 

terminals shall provide reception facilities, or ensure that reception 

facilities are available, in accordance with those regulations. The 

Secretary or the Administrator may prescribe regulations to certify, 

and may issue certificates to the effect, that a port’s or terminal’s 

facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from 

ships are adequate. 

(b) In determining the adequacy of reception facilities required 

by the MARPOL Protocol or the Antarctic Protocol at a port or terminal, and in establishing regulations under subsection (a) of this 

section, the Secretary or the Administrator may consider, among 

other things, the number and types of ships or seagoing ships using 

the port or terminal, including their principal trades. 

* * * * * * * 

(e)(1) * * * 

ø(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 the MARPOL Protocol, this Act, or regulations 

prescribed under this section relating to the provision of adequate 

reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, 

if the port or terminal is not in compliance with the MARPOL Protocol, this Act, or those regulations. 

(f)(1) The øSecretary is¿ Secretary and the Administrator are 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. 

(2)ø(A)¿ Not later than 18 months after the date of enactment of 

the Coast Guard Authorization Act of 1996, the Secretary shall promulgate regulations that require the operator of each port or terminal that is subject to any requirement of the MARPOL Protocol 

relating to reception facilities to post a placard in a location that 

can easily be seen by port and terminal users. The placard shall 

state, at a minimum, that a user of a reception facility of the port 

or terminal should report to the Secretary any inadequacy of the 

reception facility. 

* * * * * * * 


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SEC. 8. (a) * * * 

* * * * * * * 

ø(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, or the Administrator in a matter referred by the Secretary, may undertake enforcement action under this section. 

(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall have all of the authorities of the 

Secretary, as specified in subsection (b) of this section, for the purposes of enforcing regulations 17 and 18 of Annex VI to the Convention to the extent that shoreside violations are the subject of the action and in any other matter referred to the Administrator by the 

Secretary. 

SEC. 9. (a) A person who knowingly violates the MARPOL 

øProtocol,,¿ 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, or the Administrator 

as provided for in this Act, after notice and an opportunity for a 

hearing, to have— 

(1) violated the MARPOL øProtocol,,¿ 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, or the Administrator as provided for in this Act, under the MARPOL øProtocol,,¿ 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. 

Each day of a continuing violation shall constitute a separate violation. The amount of the civil penalty shall be assessed by the Secretary, or the Administrator as provided for in this Act, or his designee, by written notice. In determining the amount of the penalty, 

the Secretary, or the Administrator as provided for in this Act, 

shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability 

to pay, and other matters as justice may require. An amount equal 

to not more than 1⁄2 of such penalties may be paid by the Secretary, or the Administrator as provided for in this Act, to the person giving information leading to the assessment of such penalties. 


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(c) The Secretary, or the Administrator as provided for in this 

Act, may compromise, modify, or remit, with or without conditions, 

any civil penalty which is subject to assessment or which has been 

assessed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary, or 

the Administrator as provided for in this Act, may refer the matter 

to the Attorney General of the United States for collection in any 

appropriate district court of the United States. 

(d) A ship operated in violation of the MARPOL øProtocol,,¿ 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. 

* * * * * * * 

(f) Notwithstanding subsection (a), (b), or (d) of this section, if the 

violation is by a ship registered in or of the nationality of a country 

party to the MARPOL Protocol or the Antarctic Protocol, or one operated under the authority of a country party to the MARPOL Protocol or the Antarctic Protocol, the Secretary, or the Administrator 

as provided for in this Act, acting in coordination with the Secretary of State, may refer the matter to the government of the 

country of the ship’s registry or nationality, or under whose authority the ship is operating for appropriate action, rather than taking 

the actions required or authorized by this section. 

SEC. 10. (a) * * * 

(b) A proposed amendment to Annex I, II, or V 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, or the Administrator as provided for 

in this Act, 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. 

* * * * * * * 

øSEC. 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. 

* * * * * * * 


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ccoleman on PRODPC75 with HEARINGInsert graphic folio 22 here HR54.001
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ccoleman on PRODPC75 with HEARINGInsert graphic folio 23 here HR54.002
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ccoleman on PRODPC75 with HEARINGInsert graphic folio 24 here HR54.003