IB 
Union Calendar No. 398 
109TH CONGRESS 
2D SESSION 
H. R. 5811 
[Report No. 109–667] 
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 
SEPTEMBER 19, 2006 
Reported with an amendment, 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 July 17, 2006] 
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, 
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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 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’’; and 
(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’ ’’. 
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 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 regulation 
and based on the best available scientific data as 
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being an area from which emissions from ships 
are of concern with respect to protection of pub-
lic 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 para-
graph (4); 
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(2) by inserting after paragraph (1) the fol-
lowing 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 re-
spect 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 para-
graph: 
‘‘(5) No standard issued by any person or Federal 
agency regarding emissions from tank vessels that are sub-
ject 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 Mari-
time Organization that such standard has been estab-
lished.’’. 
SEC. 6. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
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(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 Conven-
tion and the International Maritime Organization’s Tech-
nical 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 ap-
plicable 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 certifi-
cate issued by the Secretary under the authority of this Act, 
or by the Administrator under the authority of subsection 
(a)(2).’’; and 
(3) in subsection (e) by inserting ‘‘or the public 
health or welfare’’ after ‘‘marine environment’’. 
SEC. 7. RECEPTION FACILITIES. 
Section 6 (33 U.S.C. 1905) is amended— 
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(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 receiv-
ing 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 require-
ments as are appropriate to ensure such adequacy. 
‘‘(4) The Secretary may establish regulations to cer-
tify, and may issue certificates to the effect, that a port’s 
or terminal’s facilities for receiving such substances, equip-
ment, 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 sub-
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stances, and exhaust gas cleaning residues if the port of ter-
minal 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 strik-
ing ‘‘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: 
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‘‘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.’’. 
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. 
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Union Calendar No. 398 
109TH CONGRESS 
2D SESSION 
H. R. 5811 
[Report No. 109–667] 
A BILL 
To implement the Protocol of 1997 to the Inter-
national Convention for the Prevention of Pollu-
tion from Ships, 1973, and for other purposes. 
SEPTEMBER 19, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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