Page:United States Statutes at Large Volume 122.djvu/2635

 12 2 STA T . 2 6 12 PUBLIC LA W 11 0– 2 8 0 —J UL Y 21, 2008 ‘ ‘ (5)withresp e c tt oAn ne xVI to the C on v ention ,a n d other than with respect to a ship re f erred to in para g raph ( 1 ) — ‘‘(A) to a ship that is in a port, ship y ard, offshore ter m ina l , or the internal waters of the U nited S tates ‘‘( B )toashipthatis b o u nd for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— ‘‘(i) the navigable waters or the exclusive economic z one of the United States; ‘‘(ii) an emission control area designated pursuant to section 4 ‘‘(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern 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) the navigable waters or the exclusive economic zone of the United States; ‘‘(ii) an emission control area designated under section 4; or ‘‘(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; and ‘‘( D ) to any other ship, to the extent that, and in the same manner as, such ship may be boarded by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V of the Convention, and is in— ‘‘(i) the exclusive economic zone of the United States; ‘‘(ii) the navigable waters of the United States; ‘‘(iii) an emission control area designated under section 4; or ‘‘(iv) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order 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)— (A) in paragraph (1) by stri k ing ‘‘paragraph (2),’’ and inserting ‘‘paragraphs (2) and ( 3 ),’’; and (B) by adding at the end the following
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‘‘(3) W ith respect to Annex VI the Administrator, or the Sec - retary, as relevant to their authorities pursuant to this Act, may determine that some or all of the re q uirements under this Act shall apply to one or more classes of public vessels, except that such a determination by the Administrator shall have no effect unless the head of the Department or agency under which the vessels operate concurs in the determination. T his paragraph does

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