[House Report 109-667]
[From the U.S. Government Publishing Office]
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--
(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''.
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 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 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.
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 anycertificate 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, 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.
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.
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;
[(1)] (2) ``Antarctica'' means the area south of 60
degrees south latitude;
[(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;
[(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;
[(4)] (5) ``Convention'' means the International
Convention for the Prevention of Pollution from Ships,
1973, including Protocols I and II and Annexes I, II,
[and 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;
[(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;
[(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;
[(7)] (8) ``operator'' means--
(a) * * *
* * * * * * *
[(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;
[(9)] (10) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
[(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;
[(11)] (12) ``submersible'' means a submarine, or any
other vessel designed to operate under water; and
[(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; [and]
(4) with respect to regulations prescribed under
section 6 of this Act, any port or terminal in the
United States[.]; 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 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.
[(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) [The] (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.
(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.
[(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.
* * * * * * *
(e)(1) * * *
[(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 [MARPOL Protocol or the
Antarctic Protocol] MARPOL Protocol, the Antarctic Protocol, or
this Act.
* * * * * * *
Sec. 8. (a) * * *
* * * * * * *
[(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,[,] 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,[,] 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,[,] 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,[,]
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.
* * * * * * *
Sec. 10. (a) * * *
(b) A proposed amendment to [Annex 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.
* * * * * * *
[Sec. 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.
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.