IB 
Union Calendar No. 25 
110TH CONGRESS 
1ST SESSION 
H. R. 802 
[Report No. 110–54] 
To amend the Act to Prevent Pollution from ships to implement MARPOL 
Annex VI. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2007 
Mr. OBERSTAR (for himself and Mr. CUMMINGS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
MARCH 20, 2007 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 5, 2007] 
A BILL 
To amend the Act to Prevent Pollution from ships to 
implement MARPOL Annex VI. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maritime Pollution Pre-
vention Act of 2007’’. 
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SEC. 2. REFERENCES. 
Wherever in this Act an amendment or repeal is ex-
pressed 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 re-
designated) 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 sub-
stance’ and ‘incident’ ’’ and inserting ‘‘ ‘discharge’, 
‘emission’, ‘garbage’, ‘harmful substance’, and ‘inci-
dent’ ’’; and 
(5) by redesignating paragraphs (7) through (13) 
(as redesignated) as paragraphs (8) through (14), re-
spectively, and inserting after paragraph (6) (as re-
designated) 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 in-
ternal 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 para-
graph (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 wa-
ters of the United States; 
‘‘(B) to a ship that is bound for, or depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) an emission control area des-
ignated pursuant to section 4; or 
‘‘(ii) any other area that the Adminis-
trator, in consultation with the Secretary, 
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has designated by order as being an area 
from which emissions from ships are of con-
cern 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 des-
ignated under section 4; or 
‘‘(ii) any other area that the Adminis-
trator, in consultation with the Secretary, 
has designated by order as being an area 
from which emissions from ships are of con-
cern with respect to protection of public 
health, welfare, or the environment; and 
‘‘(D) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Adminis-
trator, in consultation with the Secretary, 
has designated by order as being an area 
from which emissions from ships are of con-
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cern 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 Adminis-
trator 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 in-
serting 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, con-
sistent with section 4 of this Act,’’ after ‘‘Sec-
retary’’; 
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States Code. The issuance of Engine International 
Air Pollution Prevention certificates shall be con-
sistent 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 redesig-
nating paragraph (2) as paragraph (4), and insert-
ing 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 re-
designated, the following: 
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‘‘(5) No standard issued by any person or Federal au-
thority, 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 Sec-
retary.’’. 
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 con-
sulting with appropriate Federal agencies, shall prescribe 
regulations setting criteria for determining the adequacy of 
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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 pre-
scribe 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 sub-
stances, and exhaust gas cleaning residues from ships are 
adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Admin-
istrator’’ 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 sub-
stances, or exhaust gas cleaning residues, if the port or ter-
minal is not in compliance with the MARPOL Protocol, 
this Act, or those regulations.’’; 
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(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 of the action and in any 
other matter referred to the Administrator by the Sec-
retary.’’. 
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SEC. 9. AMENDMENTS TO THE PROTOCOL. 
Section 10(b) (33 U.S.C. 1909(b)) is amended by in-
serting ‘‘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 Adminis-
trator as provided for in this Act’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) by inserting ‘‘, or the Adminis-
trator as provided for in this Act,’’ after 
‘‘Secretary’’ the second and third places it 
appears; 
(3) in subsection (c), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
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(4) in subsection (f), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ 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 au-
thorities, 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 per-
son, 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.’’. 
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Union Calendar No. 25 
110TH CONGRESS 
1ST SESSION 
H. R. 802 
[Report No. 110–54] 
A BILL 
To amend the Act to Prevent Pollution from ships 
to implement MARPOL Annex VI. 
MARCH 20, 2007 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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