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S. 682Became Law

Port and Tanker Safety Act of 1978

(Senate agreed to House amendments with an amendment)

Port and Tanker Safety Act - Amends the Ports and Waterways Safety Act of 1972 to remove specified limitations on the conditions under which vessel traffic may be controlled by the Secretary of the department in which the Coast Guard is operating.

Defines "marine environment" as the navigable waters of the United States, the land and resources therein, and the waters and fishery resources of any area subject to the exclusive management authority of the United States. Defines "State" as any commonwealth, territory, State, or other possession of the United States.

Authorizes the Secretary to order any vessel to operate or anchor in a specified manner if there is reasonable cause to believe the vessel does not comply with regulations or other applicable law or treaties, if the vessel does not satisfy conditions for port entry or if hazardous conditions warrant such an action.

Directs the Secretary to designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches to United States' ports. Places limitations on the Secretary's power to make such designations.

Requires the Secretary to conduct a study of the needs for such a designation and to reconcile the needs for such a designation with all other reasonable uses of the area involved before taking such action.

Exempts from the provisions of this Act foreign vessels passing through United States territorial waters or through the navigable waters of the United States which form part of an international strait and which are not destined for, or departing from, a port under United States jurisdiction.

Specifies vessel safety and environmental considerations to be taken into account by the Secretary in making designations pursuant to this Act.

Authorizes the Secretary to take such action as may be necessary to protect structures on or in navigable waters or land structures or shore areas adjacent to such waters and to protect the navigable waters and the resources therein from vessel or structure damage. Specifies actions which the Secretary may take including: (1) establishing procedures for the handling of dangerous articles (including oil) on waterfront structures; (2) prescribing minimum safety equipment requirements for such structures; and (3) establishing water or waterfront safety zones.

Authorizes the Secretary to investigate any incidents causing damage or loss to any structure subject to this Act.

Sets forth conditions for the entry of vessels into United States' navigable waters. Prohibits the entry of vessels which do not meet specified manning requirements, which have a history of accidents or pollution incidents which creates reason to believe the vessel is unsafe or may threaten the marine environment, which discharges oil or hazardous material illegally, or which fails to meet regulations or other applicable laws or treaties.

Directs the Secretary to transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this Act, for consideration as international standards.

Authorizes and encourages the President to enter into negotiations and conclude and execute agreements with neighboring nations to establish compatible vessel standards and traffic services and to establish international vessel traffic services in areas of mutual concern and to enter into negotiations through international bodies to establish vessel traffic services in appropriate areas of the high seas.

Establishes civil and criminal penalties for violations of this Act or regulations issued pursuant to this Act.

Directs the Secretary to study possible shore-station systems for monitoring vessels within the Fishery Conservation Zone and to report the findings of such study to Congress. Authorizes appropriations for fiscal years 1979 and 1980 for such purpose.

Directs the Secretary to establish eligibility requirements for the issuance of a Federal license to pilot any steam vessel. Establishes minimum eligibility requirements to receive such a license. Stipulates that such licenses shall be renewable every five years.

Amends existing law relating to the regulation of steam vessels to include vessels carrying oil or hazardous material in residue. Exempts from such regulation cannery tenders, fishing tenders, and fishing vessels of not more than 500 tons used exclusively in the salmon or crab fisheries of the States of Oregon, Washington or Alaska.

Permits the Secretary to issue differing regulations applicable to vessels engaged in domestic trade and to issue regulations that exceed international standards.

Establishes minimum equipment requirements for new crude oil tankers, new product carriers, and old oil tankers and product carriers.

Prohibits foreign vessels subject to this Act from operating in the navigable waters of the United States unless such a vessel has been issued a certificate of compliance by the Secretary indicating that the vessel has been inspected and found to be in compliance with appropriate regulations. Authorizes the Secretary to accept certificates issued by foreign nations pursuant to any treaty or other international agreement to which the United States is a party as a basis for issuance of a Certificate of Compliance.

Directs the Secretary to prescribe standards for the manning of United States' vessels and the duties, qualifications, and training of the ships' crews and officers.

Requires that a specified number of tankermen be aboard United States vessels carrying oil or hazardous material in bulk as cargo or in residue and requires that a specified number of tankermen be aboard foreign vessels when such vessel transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States. Directs the Secretary to prescribe qualifications for the issuance of tankerman certificates.

Directs the Secretary to issue regulations for the control and verification of manning, training, qualification, and watchkeeping standards promulgated by the certificating state of foreign vessels operating in United States' navigable waters and which transfer oil or hazardous materials in United States' jurisdictions. Specifies regulations which the Secretary is to establish.

Sets forth a marine safety information system with regard to vessels subject to this Act which operate in the navigable waters of the United States or which transfer oil or hazardous materials in a United States' jurisdiction.

Prohibits the transfer of oil or hazardous materials from one vessel to another in the navigable waters or in the marine environment unless the transfer is in accordance with applicable regulations and both vessels have on board a Certificate of Inspection or a Certificate of Compliance.

Directs the Secretary to establish minimum requirements for the transfer of oil or hazardous materials in the navigable waters or marine environment when such cargo is destined for United States' ports.

Prohibits vessels from transferring cargo in United States' ports if the vessel has discharged tank washings containing oil or hazardous materials in violation of any law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party, in preparation for loading cargo in any port or place under United States' jurisdiction. Directs the Secretary to establish control and supervisory measures to implement such prohibition.

Public Law 95-474.

Sen. Magnuson, Warren G. [D-WA](D-WA)Sponsor
6 cosponsors
3committees1related bills
Sep 30, 197839
(Senate agreed to House amendments with an amendment)

Port and Tanker Safety Act - Amends the Ports and Waterways Safety Act of 1972 to remove specified limitations on the conditions under which vessel traffic may be controlled by the Secretary of the department in which the Coast Guard is operating.

Defines "marine environment" as the navigable waters of the United States, the land and resources therein, and the waters and fishery resources of any area subject to the exclusive management authority of the United States. Defines "State" as any commonwealth, territory, State, or other possession of the United States.

Authorizes the Secretary to order any vessel to operate or anchor in a specified manner if there is reasonable cause to believe the vessel does not comply with regulations or other applicable law or treaties, if the vessel does not satisfy conditions for port entry or if hazardous conditions warrant such an action.

Directs the Secretary to designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches to United States' ports. Places limitations on the Secretary's power to make such designations.

Requires the Secretary to conduct a study of the needs for such a designation and to reconcile the needs for such a designation with all other reasonable uses of the area involved before taking such action.

Exempts from the provisions of this Act foreign vessels passing through United States territorial waters or through the navigable waters of the United States which form part of an international strait and which are not destined for, or departing from, a port under United States jurisdiction.

Specifies vessel safety and environmental considerations to be taken into account by the Secretary in making designations pursuant to this Act.

Authorizes the Secretary to take such action as may be necessary to protect structures on or in navigable waters or land structures or shore areas adjacent to such waters and to protect the navigable waters and the resources therein from vessel or structure damage. Specifies actions which the Secretary may take including: (1) establishing procedures for the handling of dangerous articles (including oil) on waterfront structures; (2) prescribing minimum safety equipment requirements for such structures; and (3) establishing water or waterfront safety zones.

Authorizes the Secretary to investigate any incidents causing damage or loss to any structure subject to this Act.

Sets forth conditions for the entry of vessels into United States' navigable waters. Prohibits the entry of vessels which do not meet specified manning requirements, which have a history of accidents or pollution incidents which creates reason to believe the vessel is unsafe or may threaten the marine environment, which discharges oil or hazardous material illegally, or which fails to meet regulations or other applicable laws or treaties.

Directs the Secretary to transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this Act, for consideration as international standards.

Authorizes and encourages the President to enter into negotiations and conclude and execute agreements with neighboring nations to establish compatible vessel standards and traffic services and to establish international vessel traffic services in areas of mutual concern and to enter into negotiations through international bodies to establish vessel traffic services in appropriate areas of the high seas.

Establishes civil and criminal penalties for violations of this Act or regulations issued pursuant to this Act.

Directs the Secretary to study possible shore-station systems for monitoring vessels within the Fishery Conservation Zone and to report the findings of such study to Congress. Authorizes appropriations for fiscal years 1979 and 1980 for such purpose.

Directs the Secretary to establish eligibility requirements for the issuance of a Federal license to pilot any steam vessel. Establishes minimum eligibility requirements to receive such a license. Stipulates that such licenses shall be renewable every five years.

Amends existing law relating to the regulation of steam vessels to include vessels carrying oil or hazardous material in residue. Exempts from such regulation cannery tenders, fishing tenders, and fishing vessels of not more than 500 tons used exclusively in the salmon or crab fisheries of the States of Oregon, Washington or Alaska.

Permits the Secretary to issue differing regulations applicable to vessels engaged in domestic trade and to issue regulations that exceed international standards.

Establishes minimum equipment requirements for new crude oil tankers, new product carriers, and old oil tankers and product carriers.

Prohibits foreign vessels subject to this Act from operating in the navigable waters of the United States unless such a vessel has been issued a certificate of compliance by the Secretary indicating that the vessel has been inspected and found to be in compliance with appropriate regulations. Authorizes the Secretary to accept certificates issued by foreign nations pursuant to any treaty or other international agreement to which the United States is a party as a basis for issuance of a Certificate of Compliance.

Directs the Secretary to prescribe standards for the manning of United States' vessels and the duties, qualifications, and training of the ships' crews and officers.

Requires that a specified number of tankermen be aboard United States vessels carrying oil or hazardous material in bulk as cargo or in residue and requires that a specified number of tankermen be aboard foreign vessels when such vessel transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States. Directs the Secretary to prescribe qualifications for the issuance of tankerman certificates.

Directs the Secretary to issue regulations for the control and verification of manning, training, qualification, and watchkeeping standards promulgated by the certificating state of foreign vessels operating in United States' navigable waters and which transfer oil or hazardous materials in United States' jurisdictions. Specifies regulations which the Secretary is to establish.

Sets forth a marine safety information system with regard to vessels subject to this Act which operate in the navigable waters of the United States or which transfer oil or hazardous materials in a United States' jurisdiction.

Prohibits the transfer of oil or hazardous materials from one vessel to another in the navigable waters or in the marine environment unless the transfer is in accordance with applicable regulations and both vessels have on board a Certificate of Inspection or a Certificate of Compliance.

Directs the Secretary to establish minimum requirements for the transfer of oil or hazardous materials in the navigable waters or marine environment when such cargo is destined for United States' ports.

Prohibits vessels from transferring cargo in United States' ports if the vessel has discharged tank washings containing oil or hazardous materials in violation of any law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party, in preparation for loading cargo in any port or place under United States' jurisdiction. Directs the Secretary to establish control and supervisory measures to implement such prohibition.

Feb 10, 197700

Tanker Safety Act Title I: Amendments to the Ports and Waterways Safety Act - Ports and Waterways Safety Act Amendments - Amends the Ports and Waterways Safety Act of 1972 to direct the Secretary of Transportation to establish and maintain vessel traffic systems for the waters of the maritime safety zone. Defines "maritime safety zone" as extending 200 nautical miles from the shoreline of the United States. Exempts from this title foreign vessels which are in transit to places outside the United States.

Directs the Secretary to : (1) establish procedures for the handling and emergency removal of oil or hazardous materials; (2) prescribe minimum safety equipment requirements for structures in or on the navigable waters of the United States or on the shores adjacent to such waters; (3) establish water or waterfront safety zones or other measures for controlled access and activity to protect vessels, structures, waters, or shore areas; and (4) establish procedures for inspection to assure compliance with minimum safety requirements.

Requires the Secretary to take into account specified factors regarding navigation and vessel safety and protection of the marine environment in carrying out the duties required under this Act.

Authorizes the Secretary to require the use of pilots on self-propelled vessels of the United States engaged in foreign commerce or on foreign vessels operating in the navigable waters of the United States.

Directs the Commandant of the Coast Guard to establish eligibility requirements for the issuance of a license to pilot any steam vessel. Specifies certain qualifications which must be met to receive such a license. Specifies conditions under which the Commandant may revoke such a license.

Requires the Secretary to develop, and seek adoption by the States of uniform, minimum standards relating to the regulation of pilotage at least equal to those required of federally licensed pilots.

Authorizes the Secretary or the National Transportation Safety Board to investigate incidents which cause damage to any vessel or structure or which affect or may affect the navigation or vessel safety or environmental quality of ports, harbors, navigable waters, or the waters of the maritime safety zone. Grants subpoena powers in order to conduct such inquiry.

Prohibits vessels which are determined to be unsafe or which may create a threat to the marine environment or which fail to comply with applicable regulations from entering or operating in the navigable waters or ports of the United States.

Exempts the Panama Canal from the provisions of this Act.

Directs the Secretary of the department in which the Coast Guard is operating to establish specified standards governing the design, repair, manning and maintenance of any vessel to increase navigation and vessel safety and marine environmental protection for vessels carrying oil or any hazardous material in bulk which are documented under the laws of the United States or which enter the navigable waters of the United States.

Requires that all such vessels, after January 1, 1978, be equipped with specified navigational devices, a segregated ballast capacity and gas inerting system, and a double hull.

Requires that such vessels hold a certificate of compliance issued by the Secretary in order to enter the navigable waters of the United States.

Directs the Secretary to prescribe manning and training requirements for the crews of such vessels.

Stipulates that the Federal Government shall exercise authority in the 200 mile maritime safety zone established under this Act by: (1) prohibiting the discharge of any oil or hazardous material within such zone; (2) by enforcing the provisions of any international agreement to which the United States is a party concerning navigation or vessel safety or protection of the marine environment; (3) prescribing vessel control traffic; and (4) inspecting vessels destined for any port or place within the United States.

Authorizes the Secretary of Transportation to appoint persons as maritime safety officers. Grants such individuals arrest powers, and boarding and inspection powers, with or without a warrant.

Directs the Secretary to establish a national program for inspection of any vessel subject to the Ports and Waterways Safety Act of 1972. Requires yearly inspection of all vessels and a special structure inspection for vessels over ten years old. Specifies the documents which must be kept on board any vessel subject to such Act.

Sets forth civil and criminal penalties for violations of this Act.

Requires the Secretary to report annually to the Congress regarding: (1) the administration of the Ports and Waterways Safety Act; (2) a summary of inspection and enforcement activities; and (3) recommendations to Congress for any necessary additional legislative authority.

Directs the Secretary of State, in cooperation with the Secretary of Commerce, to enter into negotiations with adjacent or opposite foreign nations to establish the boundaries of the maritime safety zone and to enter into negotiations with Canada, Mexico, and any neighboring nation to establish compatible vessel standards and vessel traffic control systems.

Directs the Secretary of Transportation to transmit regulations promulgated under this Act to the appropriate international organizations for consideration as international standards.

Authorizes appropriations to the Secretary in such amounts as may be necessary to carry out the provisions of this Act.

Title II: Increased Use of United States Vessels - Equitable Cargo Share Act - Amends the Merchant Marine Act, 1936, to direct the Secretary of Commerce to assure that at least 20 percent of the gross tonnage of all oil transported on ocean vessels for import into the United States is carried on privately owned United States-flag commercial vessels. Increases such amount to 25 percent after June 30, 1978, and to 30 percent by June 30, 1980, if the tonnage of United States-flag vessels is sufficient to carry such quantities.

Authorizes the Secretary to establish a system of reasonable classification of persons and imports subject to such quota and requires that all persons in the same classification be treated in substantially the same manner.

Authorizes the Secretary to grant credits toward such import requirements in the case of oil transported by United States vessels, over 100,000 deadweight tons, between foreign ports until an oil discharge facility, capable of discharging fully laden vessels of over 20,000 tons, is in operation on any coast of the United States.

Directs the Secretary to report annually to the Congress and the President on the implementation and effectiveness of such import plan.

Exempts from this Act refiners whose total capacity is less than 30,000 barrels of oil per day.

Stipulates that license fees for imports of crude oil into the United States shall be reduced by 15 cents per barrel for a period of five years from the date of enactment of this Act if the Secretary of the Treasury determines that such oil is being transported on United States-flag vessels and the amount resulting from nonpayment of license fees is passed on to the ultimate consumer.

Port and Tanker Safety Act of 1978 — Informed