86 STAT. 424 Effective dates. SEC. 3. The amendments made by the first section of this Act shall become effective on January 1, 1972, or on the first day of the sixth month which begins after the month in which regulations are first issued under section 4427 (b) (2) of the Revised Statutes (as added by the first section of this Act), whichever date is later. Approved July 7, 1972 LEGISLATIVE HISTORY: HOUSE REPORT No. 92-125 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 117 (1971): Apr. 29, considered and passed House. 92nd Congress, H. R. 8140 July 10, 1972 An Act To promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ports and Waterways Safety Act of 1972". TITLE I-PORTS AND WATERWAYS SAFETY AND ENVIRONMENTAL QUALITY SEC. 101. In order to prevent damage to, or the destruction or loss of any vessel, bridge, or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and to protect the navigable waters and the resources therein from environmental harm resulting from vessel or structure damage, destruction, or loss, the Secretary of the department in which the Coast Guard is operating may Ports and Waterways Safety Act of 1972. 86 STAT. 424 (1) establish, operate, and maintain vessel traffic services and 86 STAT. 425 systems for ports, harbors, and other waters subject to congested vessel traffic; (2) require vessels which operate in an area of a vessel traffic service or system to utilize or comply with that service or system, including the carrying or installation of electronic or other devices necessary for the use of the service or system; (3) control vessel traffic in areas which he determines to be especially hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by (i) specifying times of entry, movement, or departure to, (iii) establishing vessel size and speed limitations and (iv) restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics and capabilities which he considers necessary for safe operation under the circumstances; (4) direct the anchoring, mooring, or movement of a vessel when necessary to prevent damage to or by that vessel or her cargo, stores, supplies, or fuel; (5) require pilots on self-propelled vessels engaged in the foreign trades in areas and under circumstances where a pilot is not otherwise required by State law to be on board until the State having jurisdiction of an area involved establishes a requirement for a pilot in that area or under the circumstances involved; (6) establish procedures, measures, and standards for the handling, loading, discharge, storage, stowage, and movement, including the emergency removal, control and disposition, of explosives or other dangerous articles or substances (including the substances described in section 4417a (2) (A), (B), and (C) of the Revised Statutes of the United States (46 U.S.C. 391a (2) (A), (B), and (C)) on structures subject to this title; (7) prescribe minimum safety equipment requirements for structures subject to this title to assure adequate protection from fire, explosion, natural disasters, and other serious accidents or casualties; Post, p. 427. "United States." 86 STAT. 425 86 STAT. 426 Panama Canal; Seaway. Investigatory powers. (8) establish water or waterfront safety zones or other measures for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and (9) establish procedures for examination to assure compliance with the minimum safety equipment requirements for structures. SEC. 102. (a) For the purpose of this Act, the term "United States" includes the fifty States, the District of Columbia, Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (b) Nothing contained in this title supplants or modifies any treaty or Federal statute or authority granted thereunder, nor does it prevent a State or political subdivision thereof from prescribing for structures only higher safety equipment requirements or safety standards than those which may be prescribed pursuant to this title. (c) In the exercise of his authority under this title, the Secretary (d) This title shall not be applicable to the Panama Canal. The (e) In carrying out his duties and responsibilities under this title (1) the scope and degree of the hazards; (2) vessel traffic characteristics including minimum interfer- (3) port and waterway configurations and the differences in (5) economic impact and effects; (6) existing vessel traffic control systems, services, and schemes; (7) local practices and customs, including voluntary arrange- 86 STAT. 427 195. 5 USC 500, 701. SEC. 104. The Secretary may issue reasonable rules, regulations, Rulemaking and standards necessary to implement this title. In the exercise of his authority. rulemaking authority the Secretary is subject to the provisions of chapters 5 and 7 of title 5, United States Code. In preparing proposed 80 Stat. 380, rules, regulations, and standards, the Secretary shall provide an ade- 392; 81 Stat. quate opportunity for consultation and comment to State and local governments, representatives of the marine industry, port and harbor authorities, environmental groups, and other interested parties. SEC. 105. The Secretary shall, within one year after the effective Report to date of this Act, report to the Congress his recommendations for legis- Congress. lation which may be necessary to achieve coordination and/or eliminate duplication between the functions authorized by this Act and the functions of any other agencies. SEC. 106. Whoever violates a regulation issued under this title shall Penalty. be liable to a civil penalty of not more than $10,000. The Secretary may assess and collect any civil penalty incurred under this title and, in his discretion, remit, mitigate, or compromise any penalty. Upon failure to collect or compromise a penalty, the Secretary may request the Attorney General to commence an action for collection in any district court of the United States. A vessel used or employed in a violation of a regulation under this title shall be liable in rem and may be proceeded against in any district court of the United States having jurisdiction. SEC. 107. Whoever willfully violates a regulation issued under this title shall be fined not less than $5,000 or more than $50,000 or imprisoned for not more than five years, or both. TITLE II-VESSELS CARRYING CERTAIN CARGOES IN BULK SEC. 201. Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is hereby amended to read as follows: "SEC. 4417a. (1) STATEMENT OF POLICY.-The Congress hereby finds and declares "That the carriage by vessels of certain cargoes in bulk creates substantial hazards to life, property, the navigable waters of the United States (including the quality thereof) and the resources contained therein and of the adjoining land, including but not limited to fish, shellfish, and wildlife, marine and coastal ecosystems and recreational and scenic values, which waters and resources are hereafter in this section referred to as the 'marine environment'. "That existing standards for the design, construction, alteration, repair, maintenance and operation of such vessels must be improved for the adequate protection of the marine environment. "That it is necessary that there be established for all such vessels documented under the laws of the United States or entering the navigable waters of the United States comprehensive minimum standards of design, construction, alteration, repair, maintenance, and operation to prevent or mitigate the hazards to life, property, and the marine environment. "(2) VESSELS INCLUDED.-All vessels, regardless of tonnage size, or manner of propulsion, and whether self-propelled or not, and whether carrying freight or passengers for hire or not, which are documented under the laws of the United States or enter the navigable waters of the United States, except public vessels other than those engaged in 86 STAT. 428 84 Stat. 98. 46 USC 361 et seq. 82 Stat. 341. 46 USC 39la. commercial service, that shall have on board liquid cargo in bulk which is― (A) inflammable or combustible, or "(B) oil, of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, or 66 (C) designated as a hazardous polluting substance under section 12(a) of the Federal Water Pollution Control Act (33 U.S.C. 1162); shall be considered steam vessels for the purposes of title 52 of the Revised Statutes of the United States and shall be subject to the provisions thereof: Provided, That this section shall not apply to vessels having on board the substances set forth in (A), (B), or (C) above only for use as fuel or stores or to vessels carrying such cargo only in drums, barrels, or other packages: And provided further. That nothing contained herein shall be deemed to amend or modify the provisions of section 4 of Public Law 90-397 with respect to certain vessels of not more than five hundred gross tons: And provided further, That this section shall not apply to vessels of not more than five hundred gross tons documented in the service of oil exploitation which are not tank vessels and which would be subject to this section only because of the transfer of fuel from the vessels' own fuel supply tanks to offshore drilling or production facilities. "(3) RULES AND REGULATIONS.-In order to secure effective provision (A) for vessel safety, and (B) for protection of the marine environment, the Secretary of the department in which the Coast Guard is operating (hereafter referred to in this section as the 'Secretary') shall establish for the vessels to which this section applies such additional rules and regulations as may be necessary with respect to the design and construction, alteration, repair, and maintenance of such vessels, including, but not limited to, the superstructures, hulls, places for stowing and carrying such cargo, fittings, equipment, appliances, propulsive machinery, auxiliary machinery, and boilers thereof; and with respect to all materials used in such construction, alteration, or repair; and with respect to the handling and stowage of such cargo, the manner of such handling or stowage, and the machinery and appliances used in such handling and stowage; and with respect to equipment and appliances for life saving, fire protection, and the prevention and mitigation of damage to the marine environment; and with respect to the operation of such vessels; and with respect to the requirements of the manning of such vessels and the duties and qualifications of the officers and crew thereof, and with respect to the inspection of all the foregoing. In establishing such rules and regulations the Secretary may, after hearing as provided in subsection (4), adopt rules of the American Bureau of Shipping or similar American classification society for classed vessels insofar as such rules pertain to the efficiency of hulls and the reliability of machinery of vessels to which this section applies. In establishing such rules and regulations, the Secretary shall give due consideration to the kinds and grades of such cargo permitted to be on board such vessel. In establishing such rules and regulations the Secretary shall, after consultation with the Secretary of Commerce and the Administrator of the Environmental Protection Agency, identify those established for protection of the marine environment and those established for vessel safety. "(4) ADOPTION OF RULES AND REGULATIONS.-Before any rules or regulations, or any alteration, amendment, or repeal thereof, are approved by the Secretary under the provisions of this section, except |