49–006 

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— 


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(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’’. 


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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 acVerDate Aug 31 2005 14:00 Sep 20, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR667.XXX HR667

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ceded 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. 


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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 any certificate 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, 


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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. 


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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. 


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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; 

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

south latitude; 

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, 


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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; 

ø(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; 

ø(7)¿ (8) ‘‘operator’’ means— (a) * * * 

* * * * * * * 

ø(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; 

ø(9)¿ (10) ‘‘Secretary’’ means the Secretary of the department 

in which the Coast Guard is operating; 

ø(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; 

ø(11)¿ (12) ‘‘submersible’’ means a submarine, or any other 

vessel designed to operate under water; and 

ø(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; øand¿ 

(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 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 


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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. 

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 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) øThe¿ (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. 


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(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. 

ø(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. 

* * * * * * * 


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(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 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 øMARPOL Protocol or the Antarctic 

Protocol¿ MARPOL Protocol, the Antarctic Protocol, or this Act. 

* * * * * * * 

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 may undertake enforcement action under this section. 

SEC. 9. (a) A person who knowingly violates the MARPOL Protocol,ø,¿ 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,ø,¿ 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,ø,¿ 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,ø,¿ 

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 


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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 øAnnex 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. 

* * * * * * * 

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. 

* * * * * * * 

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. 


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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. 

Æ 


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