I 
109TH CONGRESS 
2D SESSION 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2006 
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LOBIONDO, and Mr. 
FILNER) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To implement the Protocol of 1997 to the International 
Convention for the Prevention of Pollution from Ships, 
1973, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘MARPOL Annex VI 
Implementation Act of 2006’’. 
SEC. 2. REFERENCES. 
Wherever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to or a repeal of a sec-
tion or other provision, the reference shall be considered 
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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) in order as paragraphs (2) through 
(13); 
(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’’; and 
(4) in paragraph (6), as so redesignated, by 
striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful 
substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis-
charge’, ‘emission’, ‘garbage’, ‘harmful substance’, 
and ‘incident’ ’’. 
SEC. 4. APPLICABILITY. 
Section 3 (33 U.S.C. 1902) is amended— 
(1) in subsection (a) by striking ‘‘and’’ after the 
semicolon at the end of paragraph (3), by striking 
the period at the end of paragraph (4) and inserting 
‘‘; and’’, and by adding at the end the following new 
paragraph: 
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‘‘(5) with respect to Annex VI to the Conven-
tion, and to the extent consistent with international 
law, to a ship, other than a ship referred to in para-
graph (1), that— 
‘‘(A) is in a port, shipyard, offshore ter-
minal, 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 des-
ignated pursuant to section 4; or 
‘‘(D) is bound for, or departing a port, 
shipyard, offshore terminal, or the internal wa-
ters of the United States, and is in any other 
area that the Administrator, in consultation 
with the Secretary, has designated by regula-
tion and based on the best available scientific 
data as being an area from which emissions 
from ships are of concern with respect to pro-
tection of public health, welfare, or the environ-
ment.’’; 
(2) in subsection (b)(1) by inserting ‘‘or (3)’’ 
after ‘‘paragraph (2)’’; 
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(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 applicable 
Annex)’’ after ‘‘MARPOL Protocol’’ the first 
place it appears; and 
(B) 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 para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(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, 13, 14, 15, 16, and 18 of such 
Annex and with the Administrator and the Secretary of 
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the Interior with respect to Regulation 19 of such 
Annex.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) No standard issued by any person or Federal 
department 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 estab-
lished.’’. 
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 Preven-
tion Certificate in accordance with Annex VI to the Con-
vention and the International Maritime Organization’s 
Technical Code on Control of Emissions of Nitrogen Ox-
ides from Marine Diesel Engines, on behalf of the United 
States. The issuance of such certificates shall be con-
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sistent with any applicable requirements under the Clean 
Air Act (42 U.S.C. 7401 et seq.) and regulations promul-
gated thereunder.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) A certificate issued by a country that is a party 
to the MARPOL Protocol has the same validity as a cer-
tificate issued by the Secretary under the authority of this 
Act, or by the Administrator under the authority of sub-
section (a)(2).’’; and 
(3) in subsection (e) by inserting ‘‘or the public 
health or welfare’’ after ‘‘marine environment’’. 
SEC. 7. RECEPTION FACILITIES. 
Section 6 (33 U.S.C. 1905) is amended— 
(1) in subsection (a) by adding at the end the 
following new paragraph: 
‘‘(3) The Secretary, after consulting with appropriate 
Federal agencies, shall establish regulations to require 
that ports and terminals provide reception facilities for re-
ceiving ozone depleting substances, equipment containing 
such substances, and exhaust gas cleaning residues or en-
sure that such facilities are available. The regulations 
shall establish criteria for determining the adequacy of re-
ception facilities for receiving such substances, equipment, 
or residues at a port or terminal and such additional 
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measures and requirements as are appropriate to ensure 
such adequacy. 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 sub-
stances, equipment, and residues from ships are ade-
quate.’’; 
(2) in subsection (c)(2)(A) by inserting ‘‘or 
(a)(3)’’ after ‘‘subsection (a)(2)’’; 
(3) by amending subsection (e)(2) to read as 
follows: 
‘‘(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 gar-
bage, ozone depleting substances, equipment containing 
such substances, and exhaust gas cleaning residues if the 
port of terminal is not in compliance with such regula-
tions.’’; 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: 
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‘‘(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 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, re-
quirement, or remedy available to the United States or 
any other person, except as expressly provided in this 
Act.’’. 
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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. 
Æ 
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