12 2 STA T . 2 6 1 3PUBLIC LA W 11 0– 2 8 0 —J UL Y 21 , 2008 notap p lyduri n g ti me o fw ar or during a de c lared national emer - gency .’ ’
- (3)b
y rede s ignating subsections (c) t h rough (g) as sub- sections (d) through (h) , respecti v ely, and inserting after sub- section (b) the following
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‘(c) AP P LICAT I ON TO O T HERP ER S ONS. —T his Act shall apply to all persons to the e x tent necessary to ensure compliance with Annex VI to the C onvention.’’; ( 4 ) in subsection (e), as redesignated— (A) by inserting ‘‘or the Administrator, consistent with section 4 of this Act,’’ after ‘‘ S ecretary’’; ( B ) by stri k ing ‘‘of section (3),’’ and inserting ‘‘of this section,’’; and (C) by striking ‘‘Protocol, including regulations con- forming to and giving effect to the re q uirements of Annex V’’ and inserting ‘‘Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI’’; and ( 5 ) by adding at the end thereof the following: ‘‘(i) SA V IN G S CLA U SE.— N othing in this section shall be con- strued to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U nited States law, treaty, convention, or customary international law.’’. SEC.5 . ADMIN IS TR ATI O NANDEN F ORCEMENT. Section 4 (33 U.S.C. 190 3) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and inserting after subsection (a) the following: ‘‘(b) D UT Y O F THE A DM INISTRATOR.—In addition to other duties specified in this Act, the Administrator and the Secretary, respec- tively, shall have the following duties and authorities: ‘‘(1) The Administrator shall, and no other person may, issue E ngine International Air Pollution Prevention certificates in accordance with Annex VI and the International M aritime Organi z ation’s Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States for a vessel of the United States as that term is defined in section 11 6 of title 46, United States Code. The issuance of Engine International Air Pollution Prevention certificates shall be consistent 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, 1 7 ,1 8 , and19ofAnnexVI to the Convention. ‘‘(3) The Administrator shall, only as specified in section 8(f), have authority to enforce Annex VI of the Convention.’’; (2) in subsection (c), as redesignated, by redesignating para- graph (2) as paragraph (4), and inserting 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 Sec- retary and the Administrator shall consult with each other, and Consulta t i on .Reg ulations. Ce r ti f i c ates.
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