1625-0042 StatA

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1471

Public Law 95-474
95th Congress
An Act
To amend the Ports and Waterways Safety Act of 1972, and for other purposes.

Oct. 17, 1978
[S. 682]

Be it enacted iy the Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may Port and Tanker
Safety Act of
be cited as the "Port and Tanker Safety Act of 1978".
SEC. 2. PORTS AND WATERWAYS SAFETY AND PROTECTION OF THE
MARINE ENVIRONMENT.

1978.
33 u s e 1221
note.

The Ports and Waterways Safety Act of 1972 (Public Law 92-340,
33 u s e 1221
86 Stat. 424) is amended to read as follows:

note.
Ports and
"This Act may be cited as the 'Ports and Waterways Safety Act'. Waterways Safety
Act.
"SEC. 2. STATEMENT OF POLICY.
33 u s e 1221
note.
"The Congress finds and declares—
"(a) that navigation and vessel safety and protection of the 33 u s e 1221.
"SECTION 1. SHORT TITLE.

marine environment are matters of major national importance;
"(b) that increased vessel traffic in the Nation's ports and waterways creates substantial hazard to life, property, and the marine
environment;
"(c) that increased supervision of vessel and port operations
is necessary in order to—
" (1) reduce the possibility of vessel or cargo loss, or damage
to life, property, or the marine environment;
"(2) prevent damage to structures in, on, or immediately
adjacent to the navigable waters of the United States or the
resources within such waters;
"(3) insure that vessels operating in the navigable waters
of the United States shall comply with all applicable standards and requirements for vessel construction, equipment,
manning, and operati«s>(ial procedures; and
"(4) insure that the handling of dangerous articles and
substances on the structures in, on, or immediately adjacent
to the navigable waters of the United States is conducted in
^
accordance with established standards and requirements; and
"(d) that advance planning is critical in determining proper
and adequate protective measures for the Nation's ports and waterways and the marine environment, with continuing consultation
with other Federal agencies, State representatives, affected users,
and the general public, in the development and implementation
of such measures.
"SEC. 3. DEFINITIONS.—^As used in this Act, unless the context other- 33 u s e 1222.
wise requires—•
"(1) 'Marine environment' means the naviga^ble waters of the
United States and the land and resources therein and thereunder;
the waters and fishery resources of any area over which the United
States asserts exclusive fishery management authority; the seabed
and subsoil of the Outer Continental Shelf of the United States,
the resources thereof and the waters superjacent thereto; and the
recreational, economic, and scenic values of such waters and
resources.

92 STAT. 1472

PUBLIC LAW 95-474—OCT, 17, 1978
"(2) 'Secretary'means the Secretary of the department in which
the Coast Guard is operating,
"(3) 'State' includes each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, Guam, American Samoa, the United States
Virgin Islands, the Trust Territories of the Pacific Islands, the
Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
"(4) 'United States', when used in geographical context, means
all the States thereof.

33 use 1223.

"SEC. 4. VESSEL OPERATING REQUIREMENTS.

i

'

S&SI 8J y

"(a) I N GENERAL.—Subject to the requirements of section 5, the
Secretary may—•
"(1) in any port or place under the jurisdiction of the United
States, in the navigable waters of the United States, or in any
area covered by an international agreement negotiated pursuant to
section 11, establish, operate, and maintain vessel traffic services,
consisting of measures for controlling or supervising vessel traffic
or for protecting navigation and the marine environment and may
include, but need not be limited to one or more of the following:
reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
"(2) require vessels which operate in an area of a vessel traffic
service to utilize or comply with that service;
" (3) require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to
comply with a vessel traffic service or which is necessary in the
interests of vessel safety: Provided^ That the Secretary shall not
require fishing vessels under 300 gross tons or recreational vessels 65 feet or less to possess or use the equipment or devices
required by this subsection solely under the authority of this Act;
" (4) control vessel traffic in areas subject to the jurisdiction of
the United States which the Secretary determines to be hazardous,
or under conditions of reduced visibility, adverse weather, vessel
congestion, or other hazardous circumstances by—
"(A) specifying times of entry, movement, or departure;
"(B) establishing vessel traffic routing schemes;
"(C) establishing vessel size, speed, draft limitations and
vessel operating conditions; and
" ( D ) restricting operation, in any hazardous area or under
hazardous conditions, to vessels which have particular operating characteristics or capabilities which he considers necessary for safe operation under the circumstances; and
"(5) require the receipt of prearrival messages from any vessel,
destined for a port or place subject to the jurisdiction of the
United States, in sufficient time to permit advance vessel traffic
planning prior to port entry, which shall include any information
which is not already a matter of record and which the Secretary
determines necessary for the control of the vessel and the safety of
the port or the marine environment.
"(b) SPECIAL POWERS.—^The Secretary may order any vessel, in a
port or place subject to the jurisdiction of the United States or in the
navigable waters of the United States, to operate or anchor in a manner
he directs if—

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1473

" (1) he has reasonable cause to believe such vessel does not comply with any regulation issued under this Act or any other applicable law or treaty;
"(2) he determines that such vessel does not satisfy the conditions for port entry set forth in section 9; or
"(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such
vessel, he is satisfied that such directive is justified in the interest
of safety.
"(c) PORT ACCESS ROUTES.— (1) In order to provide safe access
routes for the movement of vessel traffic proceeding to or i rom ports or
places subject to the jurisdiction of the United States, and subject to
the requirements of paragraph (3) hereof, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas
approaches, outside the territorial sea, to such ports or places. Such a
designation shall recognize, within the designated area, the paramount
right of navigation over all other uses.
" (2) No designation may be made by the Secretary pursuant to this
subsection, if such a designation, as implemented, would deprive any
person of the effective exercise of a right granted by a lease or permit
executed or issued under other applicable provisions of law: Provided,
That such right has become vested prior to the time of publication of
the notice required by clause (A) of paragraph (3) hereof: Provided
further, That the determination as to whether the designation would
so deprive any such person shall be made by the Secretary, after consultation with the responsible official under whose authority the lease
was executed or the permit issued.
" (3) Prior to making a designation pursuant to paragraph (1) hereof, and in accordance with the requirements of section 5, the Secretary
shall—
"(A) within six months after date of enactment of this Act
(and may, from time to time thereafter), undertake a study of
the potential traffic density and the need for safe access routes
for vessels in any area for which fairways or traffic separation
schemes are proposed or which may otherwise be considered and
shall publish notice of such undertaking in the Federal Register;
"(B) in consultation with the Secretary of State, the Secretary
of the Interior, the Secretary of Commerce, the Secretary of the
Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area
under consideration (including, as appropriate, the exploration
for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on
or above the seabed or subsoil of the submerged lands or the Outer
Continental Shelf of the United States, the establishment or
operation of marine or estuarine sanctuaries, and activities
involving recreational or commercial fishing); and
"(C) to the extent practicable, reconcile the need for safe access
routes with the needs of all other reasonable uses of the area
involved.
^ "(4) In carrying out his responsibilities under paragraph (3), the
Secretary shall proceed expeditiously to complete any study undertaken. Thereafter, he shall promptly issue a notice of proposed rulemaking for the designation contemplated or shall have published in the

Designation

Traffic density
and safety needs
study, publication
in Federal
Register.

Consultation,

Notice,
Publication in
Federal Register.

39-194 O—80—pt. 2

13 : QL3

92 STAT. 1474

PUBLIC LAW 95-474^0CT. 17, 1978

Federal Register a notice that no designation is contemplated as a
result of the study and the reason for such determination,
"(5) In connection with a designation made pursuant to this subsection, the Secretary—
Rules and
"(A) shall issue reasonable rules and regulations governing
regulations.
the use of such designated areas, including the applicability of
rules 9 and 10 of the International Regulations for Preventing
28 UST 3459.
Collisions at Sea, 1972, relating to narrow channels and traffic
separation schemes, respectively, in waters where such regulations apply;
"(B) to the extent that he finds reasonable and necessary to
effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in
the territorial sea of the United States and for specific types and
sizes of vessels of the United States operating on the high seas
' beyond the territorial sea of the United States;
Adjustment.
"(C) may, from time to time, as necessary, adjust the location
or limits of designated fairways or traffic separation schemes, in
order to accommodate the needs of other uses which cannot be reasonably accommodated otherwise: Provided^ That such an adjustment will not, in the judgment of the Secretary, unacceptably
"' adversely affect the purpose for which the existing designation
was made and the need for which continues; and
Notice and
"(D) shall, through appropriate channels, (i) notify cognizant
cooperation.
international organizations of any designation, or adjustment
thereof, and (ii) take action to seek the cooperation of foreign
States in making it mandatory for vessels under their control to
use any fairway or traffic separa*^ion scheme designated pursuant
to this subsection in any area of the high seas, to the same extent
as required by the Secretary for vessels of the United States.
"(d) EXCEPTION.—Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this Act shall
not apply to any foreign vessel that is not destined for, or departing
from, a port or place subject to the jurisdiction of the United States
and that is in—
"(1) innocent passage through the territorial sea of the United
•
' '
States, or
"(2) transit through the navigable waters of the United States
which form a part of an international strait.
33 use 1224.

"SEC. 5. CONSIDERATIONS BY SECRETARY.

"In carrying out his duties and responsibilities under section 4, the
Secretary shall—
"(a) take into account all relevant factors concerning navigation and vessel safety and protection of the marine environment,
including but not limited to—
"(1) the scope and degree of the risk or hazard involved;
"(2) vessel traffic characteristics and trends, including
traffic volume, the sizes and types of vessels involved, poten!
tial interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
"(3) port and waterway configurations and variations in
local conditions of geography, climate, and other similar
factors;

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1475

"(4) the need for granting exemptions for the installation
and use of equipment or devices for use with vessel traffic
services for certain classes of small vessels, such as selfpropelled fishing vessels and recreational vessels;
"(5) the proximity of fishing grounds, oil and gas drilling
and production operations, or any other potential or actual
conflicting activity;
"(6) environmental factors;
" (7) economic impact and effects;
" (8) existing vessel traffic services; and
"(9) local practices and customs, including voluntary
arrangements and agreements within the maritime community ; and
"(b) at the earliest possible time, consult with and receive and
consider the views of representatives of the maritime community,
ports and harbor authorities or associations, environmental
groups, and other parties who may be affected by the proposed
actions.
"SEC. 6. WATERFRONT SAFETY.

33 USC 1225.

"(a) I N GENERAL.—The Secretary may take such action as is necessary to—
"(1) prevent damage to, or the destruction of, any bridge or
other structure on or in the navigable waters of the United States,
or any land structure or shore area immediately adjacent to such
waters; and
"(2) protect the navigable waters and the resources therein
from harm resulting from vessel or structure damage, destruction, or loss. Such action may include, but need not be limited to—
"(A) establishing procedures, measures, and standards for
the handling, loading, unloading, storage, stowage, and movement on the structure (including the emergency removal, control, and disposition) of explosives or other dangerous
articles and substances, including oil or hazardous material as
those terms are defined in section 4417a of the Revised Statutes, as amended;
Po5^ p. 1480.
"(B) prescribing minimum safety equipment requirements
for the structure to assure adequate protection from fire,
explosion, natural disaster, and other serious accidents or
casualties;
"(C) establishing 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
"(D) establishing procedures for examination to assure
compliance with the requirements prescribed under this
section.
"(b) STATE LAW.—Nothing contained in this section, with respect
to structures, prohibits a State or political subdivision thereof from
prescribing higher safety equipment requirements or safety standards
than those which may be prescribed by regulations hereunder,
"SEC. 7. PILOTAGE.

"The Secretary may require federally licensed pilots on any selfpropelled vessel, foreign or domestic, engaged in the foreign trade,
when operating in the navigable waters of the United States in areas
and under circumstances where a pilot is not otherwise required by

33 USC 1226.

92 STAT. 1476

PUBLIC LAW 95-474—OCT. 17, 1978
State law. A n y such requirement shall be terminated when the State
having jurisdiction over the area involved establishes a requirement
for a State licensed pilot and has so notified the Secretary.

33 u s e 1227.

" S E C . 8. INVESTIGATORY POWERS.

" ( a ) SECRETARY.—The Secretary may investigate any incident,
accident, or act involving the loss or destruction of, or damage to, any
structure subject to this Act, or which affects or may affect the safety
or environmental quality of the ports, harbors, or navigable waters of
the United States.
" ( b ) POWERS.—In an investigation under this section, the Secret a r y may issue subpenas to require the attendance of witnesses and
t h e production of documents or other evidence relating to such incident,
accident, or act. If any person refuses to obey a subpena, the Secretary
may request t h e Attorney General to invoke the aid of the appropriate
district court of the United States to compel compliance with the
subpena. Any district court of the United States may, in the case of
refusal to obey a subpena, issue an order requiring compliance with
the subpena, and failure to obey the order may be punished by the
• court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the
United States.

Subpenas.

'
33 u s e 1228.

" S E C . 9. CONDITIONS FOR E N T R Y TO PORTS OF T H E U N I T E D STATES.

Post, p. 1480.

'

" ( a ) I N GENERAL.—No vessel, subject to the provisions of section
4417a of the Revised Statutes, as amended, shall operate in the
navigable waters of the United States or transfer cargo or residue
in any port or place under the jurisdiction of the United States, if such
vessel—
" (1) has a history of accidents, pollution incidents, or serious
repair problems which, as determined by the Secretary, creates
* reason to believe t h a t such vessel may be unsafe or may create
a t h r e a t to the marine environment; or
" ( 2 ) fails to comply with any applicable regulation issued
under this Act, under section 4417a of the Revised Statutes, as
amended, or under any other applicable law or t r e a t y ; or
" ( 3 ) discharges oil or hazardous material in violation of a^y
law of the United States or in a manner or quantities inconsistent
with t h e provisions of any treaty to which the United States is
a p a r t y ; or
" ( 4 ) does not comply with any applicable vessel traffic service
requirements; or
" ( 5 ) is manned by one or more officers who are licensed by a
certificating state which the Secretary has determined, pursuant
to section 4417a (11) of the Revised Statutes, as amended, does
not have standards for licensing and certification of seafarers
which are comparable to or more stringent than United States
standards or international standards which are accepted by t h e
United States; or
" (6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
" ( 7 ) while underway, does not have at least one licensed deck
officer on the navigation bridge who is capable of clearly understanding English.
" ( b ) EXCEPTIONS.—The Secretary may allow provisional entry of a
vessel not in compliance with subsection ( a ) , if the owner or operator

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1477

of such vessel proves, to the satisfaction of the Secretary, t h a t such
vessel is not unsafe or a threat to the marine environment, and if such
entry is necessary for the safety of the vessel or persons aboard. I n addition, p a r a g r a p h s ( 1 ) , ( 2 ) , ( 3 ) , and (4) of subsection (a) shall not
apply if the owner or operator of such vessel proves, to the satisfaction
of the Secretary, t h a t such vessel is no longer unsafe or a threat to the
marine environment, and is no longer in violation of any applicable
law, treaty, regulation or condition, as appropriate. Clauses (5) and
(6) of subsection (a) shall become applicable eighteen months after the
effective date of this section.
" S E C . 10. APPLICABILITY.

Authority

"This Act shall not apply to the P a n a m a Canal. The authority ^^^^.fjp'^"^-^
granted to the Secretary under sections 4, 5, 6, and 7 of this Act shall ^^ ^^^ ^^^^•
not be delegated with respect to the Saint Lawrence Seaway to any
agency other than the Saint Lawrence Seaway Development Corporation. A n y other authority granted the Secretary under this Act shall
be delegated to the Saint Lawrence Seaway Development Corporation
to the extent he determines such delegation is necessary for the proper
operation of the Saint Lawrence Seaway.
" S E C . 11. INTERNATIONAL AGREEMENTS.

33 USC

1230.

33 USC

1231.

" ( a ) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit,
via the Secretary of State, to appropriate international bodies or
forums, any regulations issued under this Act, for consideration as
international standards.
" ( b ) AGREEMENTS.—The President is authorized and encouraged
to—
" ( 1 ) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel
standards and vessel traffic services, and to establish, operate, and
maintain international vessel traffic services, in areas a n d under
: circumstances of mutual concern; and
" ( 2 ) enter into negotiations, through appropriate international
bodies, and conclude and execute agreements to establish vessel
traffic services in appropriate areas of the high seas.
" ( c ) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under subsection (b) which is binding upon the United States in
accordance with constitutional requirements, may—
" ( 1 ) require vessels in the vessel traffic service area to utilize or
to comply with the vessel traffic service, including the carrying or
installation of equipment and devices as necessary for the use of
the service; and
" ( 2 ) waive, by order or regulation, t h e application of any
United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning
standards for vessels operating in waters over which the United
States exercises jurisdiction if such vessel is not en route to or from
a United States port or place, and if vessels en route to or from a
United States port or place are accorded equivalent waivers of
laws and regulations of the neighboring nation, when operating
in waters over which t h a t nation exercises jurisdiction.
"SEC.

12. REGULATIONS.

" ( a ) I N GENERAL.—In accordance with t h e provisions of section
553 of title 5, United States Code, as amended, the Secretary shall
issue, and may from time to time amend or repeal, regulations necessary to implement this Act.

92 STAT. 1478
Consultation and
comments.

''«

33 use 1232.

Si'

i

PUBLIC LAW 95-474—OCT. 17, 1978
" (b) PROCEDURES.—The Secretary, in the exercise of this regulatory
authority, shall establish procedures for consulting with, and receiving and considering the views of all interested parties, including—
" (1) interested Federal departments and agencies,
" f 2) officials of State and local governments,
"(3) representatives of the maritime commrmity,
;
"(4) representatives of port and harbor authorities or
associations,
" (5) representatives of environmental groups,
"(6) any other interested parties who are knowledgeable or
'
experienced in dealing with problems involving vessel safety, port
and waterways safety, and protection of the marine environment,
and
"(7) advisory committees consisting of all interested segments
1 of the public when the establishment of such committees is considered necessary because the issues involved are highly complex
or controversial.
"SEC. 13. ENFORCEMENT.
" ( a ) CIVIL PENALTY.— (1) Any person who is found by the Secre-

tary, after notice and an opportunity for a hearing, to have violated
this Act or a regulation issued hereunder shall be liable to the United
States for a civil penalty, not to exceed $25,000 for each violation.
Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the
Secretary, or his designee, by written notice. In determining the
amount of such penalty, the Secretary shall take into account the
nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and such other matters as
justice may require.
"(2) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to imposition
or which has been imposed under this section.
"(3) If any person fails to pay an assessment of a civil penalty
after it has become final, the Secretary may refer the matter to the
Attorney General of the United States, for collection in any appropriate district court of the United States.
"(b) CRIMINAL PENALTY.—(1) Any person who willfully and
knowingly violates this Act or any regulation issued hereunder shall
be fined not more than $50,000 for each violation or imprisoned for
not more than five years, or both.
"(2) Any person who, in the willfull and knowing violation of this
Act or of any regulation issued hereunder, uses a dangerous weapon,
or engages in conduct that causes bodily injury or fear of imminent
bodily injury to any officer authorized to enforce the provisions of this
Act or the regulations issued hereunder, shall, in lieu of the penalties
prescribed in paragraph (1), be fined not more than $100,000, or
imprisoned for not more than ten years, or both.
"(c) I N REM LIABILITY.—Any vessel subject to the provisions of
this Act, which is used in violation of this Act, or any regulations
issued hereunder, shall be liable in rem for any civil penalty assessed
pursuant to subsection (a) and may be proceeded against in the United
States district court for any district in which such vessel may be found.
"(d) INJUNCTION.—The United States district courts shall have

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1479

jurisdiction to restrain violations of this Act or of regulations issued
hereunder, for cause shown.
" (e) D E N I A L o r E N T R Y . — E x c e p t as provided in section 9, t h e Secret a r y may, subject to recognized principles of international law, deny
e n t r y into t h e navigable waters of t h e U n i t e d States or to any p o r t or
place under the jurisdiction of the United States to any vessel not in
compliance with t h e provisions of this Act or t h e regulations issued
hereunder.
"(f)

W I T H H O L D I N G OF CLEARANCE,—The Secretary of t h e T r e a s u r y

shall withhold o r revoke, at t h e request of t h e Secretary, t h e clearance,
required by section 4197 of t h e Revised Statutes of t h e United States,
as amended (46 U.S.C. 9 1 ) , of any vessel, the owner or operator of
which is subject to any of t h e penalties in this section. Clearance m a y
be granted in such cases upon t h e filing of a bond o r other surety satisfactory to the Secretary.".
SEC. 3. STUDY OF MONITORING SYSTEMS.
(a) CONTENT.—The Secretary, in consultation with t h e Secretary
of Commerce and other appropriate departments or agencies of t h e
Federal Government, shall study t h e desirability a n d feasibility of
possible shore-station systems for monitoring vessels, including fishing
vessels, within t h e Fishery Conservation Zone as defined in section
3(8) of t h e Fishery Conservation and Management A c t of 1976. E a c h
system examined shall be capable of reporting vessel position, identification, course, and speed using either a land, sea, or space monitoring
technique.
(b) REPORT.—Within t w o years after t h e date of the enactment
of this Act, t h e Secretary shall report his finding t o the Congress.
T h i s report shall describe t h e capabilities, limitations, a n d cost effectiveness of each monitoring system examined from t h e standpoint of
both the Federal Government a n d a n y vessel owners who would be
affected by t h e imposition of each approach. T h e report shall also
include the Secretary's recommendations for a single, comprehensive,
cost effective shore-station system for monitoring vessels within t h e
Fishery Conservation Zone.
(c) APPROPRIATIONS.—There are authorized to be appropriated to
the Secretary for the purposes of this section, not to exceed $500,000 for
the fiscal year ending September 30, 1979, a n d n o t t o exceed $500,000
for t h e fiscal year ending September 30, 1980.
SEC. 4. IMPROVED PILOTAGE STANDARDS.
Section 4442 of t h e Revised Statutes of t h e United States (46 U.S.C.
214) is amended to read as follows:
" S E C . 4442. ( a ) T h e Secretary of t h e department in which t h e
Coast G u a r d is operating shall, in accordance with subsection (b) of
this section, establish eligibility requirements for t h e issuance of a
Federal license to pilot any steam vessel.
" (b) No person m a y be issued a Federal license to pilot any steam
vessel unless he—
" ( 1 ) is at least twenty-one years of a g e ;
" ( 2 ) is of sound health a n d has no physical limitations which
would hinder or prevent the performance of a pilot's duties;
" ( 3 ) agrees to have a thorough physical examination each year
while holding such license;
" ( 4 ) demonstrates, to t h e satisfaction of the Secretary, t h a t he
possesses t h e requisite general knowledge and skill to hold such
license;

Surety, filing,

33 u s e 1224
note.
Consultation.

16 u s e 1802.

Transmittal to
Congress.

Recommendations.

Federal steam
vessel pilot's
license,
eligibility.

92 STAT. 1480

PUBLIC LAW 95-474—OCT. 17, 1978
"(5) demonstrates proficiency in the use of electronic aids to
navigation;
"(6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in such waters;
"(7) has sufficient experience, as determined by the Secretary,
to evidence his ability to handle any vessel of the type and size
which he may be authorized to pilot; and
" (8) meets any other requirement which the Secretary considers
reasonable and necessary.
"(c) No Federal license to pilot a steam vessel shall be valid for a
term longer than five years. Upon expiration of any such license, the
holder may reapply for an additional term and may be reissued a
license if he meets the requirements specified under subsection (b) of
this section.".

.,

SEC. 5. VESSELS CARRYING CERTAIN CARGOES IN BULK.

;

' .

r •.

,: ,..

Section 4417a of the Revised Statutes of the United States, as
amended (46 U.S.C. 391a), is further amended to read as follows:
SEC. 4417a. (1) STATEMENT OF POLICY.—The Congress hereby finds
and declares—
"(A) that the carriage by vessels of certain cargoes in bulk or
in residue creates substantial hazards to life, property, the navigable waters of the United States (including the quality thereof)
and the resources contained therein and to the adjoining land,
including but not limited to fish, shellfish, and wildlife, marine
and coastal ecosystems, and recreational and scenic values;
"(B) that existing standards for the design, construction,
alteration, repair, maintenance, operation, equipping, personnel
qualification, and manning of all such vessels which use any port
or place subject to the jurisdiction of the United States or which
operate in the navigable waters of the United States must be more
stringent and comprehensive for the mitigation of the hazards to
life, property, and the marine environment ;
"(C) that existing international standards for inspection and
enforcement are incomplete, that those international standards
that are in existence are often left unenforced by some flag states,
and that there is a need to prevent substandard vessels from using
any port or place subject to the jurisdiction of the United States
or from operating in the navigable waters of the United States,
for the mitigation of the hazards to life, property, or the marine
environment;
"(D) that standards developed through regulations shall
incorporate the best available technology and shall be required
unless clearly shown to create an undue economic impact which is
not outweighed by the benefits to navigation and vessel safety or
protection of the marine environment;
" ( E ) that standards developed through regulations shall not
impede or interfere with the right of innocent passage or any
legitimate use of the high seas in accordance with recognized
principles of international law; and
" ( F ) that the United States should continue to actively support and encourage efforts to obtain international agreements
concerning navigation and vessel safety and protection of the
marine environment.

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1481

" (2) DEFINITIONS.—As used in this section, unless the context otherwise requires—
"(A) 'Discharge'includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping, however caused.
"(B) 'Foreign vessel' means any vessel of foreign registry or
operated under the authority of any nation other than the United
States.
"(C) 'Hazardous material' means any liquid material or substance which is—
" (i) flammable or combustible; or
"(ii) designated a hazardous substance under section
311(b) of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1321); or
"(iii) designated a hazardous material under section 104
of the Hazardous Material Transportation Act (49 U.S.C.
1803).
"(D) 'Marine environment' means the navigable waters of the
United States and the land and resources therein and thereunder;
the waters and fishery resources of any area over which the United
States asserts exclusive fishery management authority; the seabed
and subsoil of the Outer Continental Shelf of the United States,
the resources thereof and the waters superjacent thereto; and the
recreational, economic, and scenic values of such waters and
resources.
" ( E ) 'Oil' includes 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.
" ( F ) 'Person' means any individual (whether or not a citizen
or national of the United States), or any corporation, partnership,
association, or other entity (whether or not organized or existing
under the laws of any State), and any Federal, State, local, or
foreign government or any entity of any such government.
"(G) 'Public vessel' means a vessel which—
"(i) is owned, or chartered by demise, and operated by the
United States or any foreign government; and
" (ii) is not engaged in commercial service.
" ( H ) 'Commercial service' means all types of trade or business
involving the transportation of goods or persons, excluding the
service performed by combatant vessels.
" ( I ) 'Secretary' means the Secretary of the department in
which the Coast Guard is operating.
" ( J ) 'State' includes each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, Guam, American Samoa, the United States
Virgins Islands, the Trust Territories of the Pacific Islands, the
Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
" ( K ) 'United States', when used in a geographical context,
means all the States thereof.
" (L) 'Vessel of the United States' means any vessel documented
or numbered under the laws of the United States.
"(M) 'Tanker' means a vessel constructed or adapted primarily
to carry oil or hazardous materials in bulk in the cargo spaces.

92 STAT. 14«2

1

PUBLIC LAW 95-474—OCT. 17, 1978
" (N) 'Crude oil tanker' means a tanker engaged in the trade of
carrying crude oil.
" ( O ) 'Product carrier' means a tanker engaged in the trade of
carrying oil, other than crude oil.
" ( P ) 'Major conversion' means a conversion of an existing ves!' sel which substantially alters the dimensions or carrying capacity
of the vessel; or changes the type of vessel; or substantially prolongs its life; or which otherwise so alters the vessel t h a t it is
d essentially a new vessel, as determined by the Secretary.
" ( Q ) 'New' means, w i t h respect to various types of vessels subject to subsection ( 7 ) , a vessel—
" (i) for which the building contract is placed after J u n e 1,
1979; or
" (ii) in the absence of a building contract, the keel of which
is laid, or which is at a similar stage of construction after
J a n u a r y 1,1980; or
" ( i i i ) the delivery of which is after J u n e 1,1982; or
" ( i v ) which has undergone a major conversion, which is
•
i
contracted for after J u n e 1, 1979, or construction work of
which is begun after J a n u a r y 1, 1980, or completed after
J u n e 1, 1982.
" ( R ) 'Existing' means, with respect to various types of vessels
subject to subsection ( 7 ) , a vessel which is not a new vessel.
" ( S ) 'Crude oil' means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it
suitable for transportaion, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to
which certain distillate fractions may have been added,
" ( 3 ) APPLICABILITY.—Except as provided in subsections (4) and
( 5 ) , this section shall apply to any vessel—
" ( A ) regardless of tonnage, size, or manner of propulsion;
" ( B ) whether self-propelled or n o t ;
" ( C ) whetlier carrying freight or passengers for hire or n o t ;
" ( D ) which is a vessel of the United States, or which operates
on or enters the navigable waters of the United States, or which
transfers oil or hazardous materials in any port or place subject
to the jurisdiction of the United States; and
" ( E ) which carries oil or any hazardous materials in bulk as
cargo or in residue.
Any such vessel shall be deemed to be a steam vessel for t h e purposes
of title 52 of the Revised Statutes of the United States and shall b©
subject to the provisions thereof.
" (4) EXCEPTIONS.—^This section shall not apply to—
" (A) any public vessel; or
" ( B ) any vessel of not more t h a n 500 gross tons, documented
in the service of oil exploitation, which is not a t a n k e r and which
would be subject to this section only because of t h e transfer of
fuel from fuel supply tanks of such vessels to offshore drilling or
production facilities, if the crew member in charge of such transfer is certified as a t a n k e r m a n : Provided, T h a t if the crew member in charge of the transfer of fuel holds a valid license as a
master, mate, pilot, engineer or operator, it shall not be necessary for the crew member also to be certificated as a tankerman
or have a tankerman endorsement on his license; or
" ( C ) cannery tenders, fishing tenders, and fishing vessels of
not more than 500 gross tons, used in t h e salmon or crab fisheries

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 14^3

of the State of Oregon, Washington, and Alaska, when engaged
exclusively in the fishing industry; or
"(D) any foreign vessel, not destined for, or departing from,
a port or place subject to the jurisdiction of the United States,
that is in innocent passage through the territorial sea of the
United States or in transit through the navigable waters of the
United States which form a part of an international strait.
"(5) F I S H PROCESSING VESSELS.—This section shall not apply to
vessels of not more than 5,000 gross tons used in the processing and
assembling of fishery products in the fisheries of the States of Oregon,
Washington, and Alaska, and such vessels shall be allowed to have
on board flammable or combustible liquid cargo in bulk to the extent
authorized, and upon such conditions as may oe required, by regulations issued by the Secretary.
" (6) KEGULATORY AUTHORITY.—

" (A) In accordance with the provisions of section 553 of title 5, Regulations.
United States Code, the Secretary shall issue, and may from
time to time amend or repeal, regulations for the design, construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, or manning of vessels to which this section applies, as may be necessary for increased protection against
hazards to life and property, for navigation and vessel safety,
and for enhanced protection of the marine environment. The
Secretary may issue differing regulations applicable to vessels
engaged in the domestic trade, and may also issue regulations
that exceed standards agreed upon internationally. The regidations issued by the Secretary imder this subsection shall be in
addition to any other regulations, issued under other provisions
of law, that may apply to such vessels. The regulations issued
by the Secretary under this subsection shall include, but need
not be limited to, requirements relating to—
"(i) superstructures, hulls, cargo holds or tanks, fittings,
equipment, appliances, propulsion machinery, auxiliary
machinery, and boilers;
" (ii) the handling or stowage of cargo, the manner of such
handling or stowage of cargo, and the machinery and appliances used in such handling or stowage;
"(iii) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the
marine environment;
"(iv) the manning of such vessels and the duties, qualifications, and training of the officers and crew thereof, in
accordance with subsections (9), (10), and (11);
"(v) improvements in vessel maneuvering and stopping
ability and other features which reduce the possibility of collision, grounding, or other accidents;
"(vi) the reduction of cargo loss in the event of a collision,
grounding, or other accident; and
"(vii) the reduction or elimination of discharges during
ballasting, deballasting, tank cleaning, cargo handling, or
other such activity.
"(B) In issuing regulations under paragraph (A), the Secretary shall give due consideration to the kinds and grades of cargo
permitted to be on board such vessel.

92 STAT. 1484
Consultation and
comments.

Self-propelled
vessels.

PUBLIC LAW 95-474—OCT. 17, 1978
"(C) The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and receiving
and considering the views of—
" ^i) interested Federal departments and agencies,
" (ii) officials of State and local governments,
" (iii) representatives of the maritime community,
"(iv) representatives of port and harbor authorities or
associations,
"(v) representatives of environmental groups, and
"(vi) any other interested parties who are knowledgeable
or experienced in dealing with problems involving vessel
safety, port and waterways safety, and protection of the
marine environment.
" (7) MINIMUM STANDARDS.—In issuing regulations pursuant to subsection (6), the Secretary shall require that any self-propelled vessel
shall, as a minimum—
"(A) if a new crude oil tanker of 20,000 deadweight tons or
above, be equipped with—
"(i) segregated ballast tanks which are protectively
located;
"(ii) a crude oil washing system; and
"(iii) a cargo tank protection system, consisting of a
fixed deck froth system and a fixed inert gas system;
"(B) if a new product carrier of 30,000 deadweight tons or
above, be equipped with segregated ballast tanks which are protectively located;
"(C) if a new product carrier of 20,000 deadweight tons or
above, be equipped with a cargo tank protection system consisting
of a fixed deck froth system and a fixed inert gas system or, if such
a product carrier carries dedicated products which are incompatible with such a cargo tank protection system, an alternate
protection system as authorized by the Secretary;
"(D) if an existing crude oil tanker of 40,000 deadweight tons
or above, not later than June 1,1981, be equipped with—
"(i) segregated ballast tanks; or
" (ii) a crude oil washing system:
Promded, That compliance may he delayed for vessels operating
with dedicated clean ballast tanks if of 70,000 deadweight tons
or above until June 1, 1983, or until June 1, 1985, for all other
such vessels;
" ( E ) if an existing crude oil tanker of 20,000 deadweight tons
or above but less than 40,000 deadweight tons, fifteen years or
older, not later than January 1, 1986, or the date on which it
reaches fifteen years of age, whichever is later, be equipped with
segregated ballast tanks or a crude oil washing system;
" ( F ) if an existing crude oil tanker of 20,000 deadweight tons
or above, not later than June 1, 1983, be equipped with an inert
gas system: Provided^ That for a crude oil tanker of less than
40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption, if the vessel's
owner can clearly show that compliance would be unreasonable
and impracticable due to the vessel's design characteristics: Provided further^ That an existing crude oil tanker of 70,000 deadweight tons or above must be in compliance herewith not later
than June 1,1981;

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1485

"(G) if an existing product carrier of 40,000 deadweight tons
or above, not later than June 1,1981, be equipped with segregated
ballast tanks or, in lieu thereof, may operate with dedicated clean
ballast tasks;
" ( H ) if an existing product carrier of 20,000 deadweight tons
or above but less than 40,000 deadweight tons, fifteen years or
older, not later than January 1, 1986, or the date on which it
reaches fifteen years of age, whichever is later, be equipped with
segregated ballast tanks or may operate with dedicated clean
ballast tanks;
" (I) if an existing product carrier of 40,000 deadweight tons or
above, or an existing product carrier of 20,000 deadweight tons or
abov-e but less than 40,000 deadweight tons, which is fitted with
liigh-capacity tank washing machines, not later than June 1,
1983, be equipped with an inert gas system: Provided, That an
existing product carrier of 70,000 deadweight tons or above must
be in compliance herewith not later than June 1, 1981,
" ( J ) if of 10,000 gross tons or above, not later than June 1,
1979, be equipped with—
"(i) a dual radar system, with short-range and with longrange capabilities and each with true-north features;
"(ii) an electronic relative motion analyzer, which is at
least functionally equivalent to such equipment complying
with specifications established by the United States Maritime
Administration;
" (iii) an electronic position fixing device;
"(iv) adequate communications equipment;
" (v) a sonic depth finder;
" (vi) a gyrocompass; and
"(vii) up-to-date charts:
Provided^ That the effective date of compliance with the requirement of clause (ii) shall be July 1, 1982 or such earlier date as
agreed to internationally and accepted by the United States;
" (K) if a new tanker of 10,000 gross tons or above, be equipped
with^
"(i) two remote steering gear control systems operable
separately from the navigating bridge;
"(ii) main steering gear control in the steering gear
compartment;
"(iii) means of communications and rudder angle indicators on the navigating bridge, remote steering gear control
station, and the steering gear compartment;
"(iv) two or more identical and adequate power units for
the main steering gear;
" (v) an alternative and adequate power supply, either from
an emergency source of electrical power or from another
independent source of power located in the steering gear
compartment; and
"(vi) means of automatic starting and stopping of power
units with attendant alarms at all steering stations;
"(L) if an existing tanker of 10,000 gross tons or above, not
later than June 1,1981, be equipped with—
"(i) two remote steering gear control systems operable
separately from the navigating bridge;

92 STAT. 1486

PUBLIC LAW 95-474—OCT. 17, 1978
"(ii) main steering gear control in the steering gear compartment; and
"(iii) means of communications and rudder angle indicators on the navigating bridge, remote steering gear control
station, and the steering gear compartment; and
"(M) if a crude oil tanker, which is engaged in the transfer
of oil from an offshore oil exploitation or production facility on
the Outer Continental Shelf of the United States, not later than
June 1, 1980, be equipped with segregated ballast tanks, or may
operate with dedicated clean ballast tanks or special ballast
arrangements: Provided, That vessels subject to this paragraph
shall comply fully with the other minimum standards of this section, where applicable; and
"(N) in accordance with relevant international agreements to
which the United States is a party, exempt vessels from the minimum requirements established in this subsection for segregated
ballast, dedicated clean ballast, or crude oil washing if he determines that shore-based reception facilities are a preferred method
of handling dirty ballast, and that adequate facilities are readily
available.
After the effective date of this Act, the installation of segregated
ballast tanks, a crude oil washing system, or an inert gas system,
required by regulations issued hereunder, on a vessel which is entitled
to engage m coastwise trade in accordance with section 27 of the Merchant Marine Act of 1920 (46 U.S.C. 883) shall be effected within the
United States, its territories (not including trust territories), or its
possessions, and vessels which fail to comply with this requirement
shall thereafter not have the right to engage in the coastwise trade.
" ( 8 ) EVIDENCE OF COMPLIANCE.—

Inspection
certificate.

Noncompliance,
notification.

Compliance
certificate.

Examination.

Noncompliance,
notification.

" (A) No vessel of the United States to which this section applies
shall have on board oil or hazardous materials in bulk as cargo
or in residue until it has a Certificate of Inspection, issued under
the provisions of title 52 of the Revised Statutes of the United
States, and such certificate has been endorsed to indicate that the
vessel is in compliance with the regulations issued under this section. If any such vessel is found not to be in compliance, the Secretary shall notify the owner or agent of the vessel and indicate
how the vessel may be brought into compliance.
"(B) No foreign vessel to which this section applies shall operate on or enter the navigable waters of the United States, or
transfer oil or hazardous materials in any port or place under the
jurisdiction of the United States, unless such vessel has been issued
a Certificate of Compliance by the Secretary. The Secretary shall
not issue such certificate until the vessel has been examined by
the Secretary and found to be in compliance with the provisions
of this section and the regulations issued hereunder. If such
vessel is found not to be in compliance, the Secretary shall notify
the owner or agent of the vessel and indicate how the vessel may
be brought into compliance. The Secretary may allow provisional
entry for the purposes of conducting examinations.
"(C) The Secretary may accept, in whole or in part, a certificate, endorsement, or document issued by any foreign nation

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 14fi7

pursuant to any treaty, convention, or other international agreement to which the U n i t e d States is a p a r t y , as a basis for issuance
of a Certificate of Compliance.
" ( D ) No vessel may carry any kind or grade of oil or hazardous
materials in bulk as cargo or in residue unless its certificate is
endorsed to allow such carriage. No such certificate may allow
any vessel to carry any material prohibited by section 4472(3)
of the Revised Statutes, as amended (46 U.S.C. 170).
" ( E ) A certificate issued under this section shall be valid for
a period not to exceed twenty-four months and may be renewed
as specified by the Secretary. The Secretary may issue a temporary certificate under this section in appropriate circumstances;
except t h a t the temporary certificate shall be valid for not more
t h a n t h i r t y days. A n y certificate shall be revoked or suspended
if the Secretary finds t h a t the vessel involved no longer complies
with the conditions upon which the certificate was issued.
"(9)

PERSONNEL AND M A N N I N G STANDARDS FOR VESSELS OF THE

UNITED STATES.—The Secretary shall prescribe standards for the mann i n g of any vessel of the United States subject to the provisions of this
section and the duties, qualifications, and training of the officers and
crew thereof, including, but not limited to, standards relating to—
" ( A ) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined
waters and on the high seas;
" ( B ) instruction in vessel and cargo handling and vessel navigation in emergency situations and under accidental or potential
accident conditions;
" ( C ) license qualifications by specific type and size of vessels;
" ( D ) qualification for licenses by use of simulators for the
practice or demonstration of marine-oriented skills;
" ( E ) minimum health and physical fitness criteria for various
grades of licenses and certificates: Provided^ T h a t the Secretary Waiver,
shall waive the applicability of such criteria to any individual conditions or
holding a license or certificate in effect on the effective date of limitations.
this subsection, including subsequent renewals thereof: Provided
further, T h a t , when such a waiver is granted, the Secretary may
prescribe conditions or limitations to the license or certificate, or
the renewal thereof, as he may find reasonable and necessary for
the safety of any vessel on which the individual may be employed;
" ( F ) periodic retraining, and special t r a i n i n g for u p g r a d i n g
positions, changing vessel type or size, or assuming new
responsibilities; and
" ( G ) determination of licenses and certificates, conditions of
licensing or certification and period of licensing or certification
by reference to experience, amount of training completed, and
regular performance testing.
"(10)

TANKERMAN REQUIREMENTS.—

" ( A ) A n y vessel of the United States having on board oil or
hazardous materials in bulk as cargo or in residue shall have a
specified number of the crew certificated as tankerman, as may
be required by the Secretary, and such requirement shall be so
noted on the Certificate of Inspection issued to t h e vessel.
" ( B ) A n y foreign vessel having on board oil or hazardous
materials in bulk as cargo or in residue shall have a special

Certification.

92 STAT. 1488

PUBLIC LAW 95-474—OCT. 17, 1978
number of personnel certificated as tankerman, or equivalent, as
may be required by the Sex;retary, when the vessel transfers
oil or hazardous materials in any port or place subject to the
jurisdiction of the United States; and such requirement shall
be noted in applicable terminal operating procedures. No
transfer operations may take place unless the crew member in
charge is capable of clearly understanding instructions in English.
"(C) The Secretary shall prescribe procedures, standards,
and qualifications for the issuance of certificates or endorsements
as tankerman, stating the kinds of oil or hazardous materials
that can be handled with safety to the vessel and the marine
environment.
" (D) Certificates or endorsements as tankerman shall be subject
to suspension and revocation on the same grounds and in the
same manner as provided for under the provisions of section
4450 of the Revised Statutes of the United States, as amended
(46U.S.C.239).

English language
comprehension
requirement.

Verification,

" ( 1 1 ) P E R S O N N E L AND M A N N I N G STANDARDS FOR F o R E I G N VESSELS.

regulations and
procedures.

^pj^g Secretary shall issue regulations and procedures for the
verification of manning, training, qualification, and watchkeeping
standards promulgated by the certificating state of any foreign vessel
which operates on or enters the navigable waters of the United States,
and transfers oil or hazardous materials in any port or place under
the jurisdiction of the United States. Such regulations and procedures
shall include, but need not be limited to, provisions relating to—
"(A) the receipt through the Inter-Governmental Maritime
Consultative Organization or from the certificating state of the
' English text of laws, decrees, orders, regulations, specimen
licenses and certificates, and other pertinent documents pertaining
to manning, training, qualification, and watchkeeping of
seafarers;
"(B) the publication and distribution of, or otherwise makjj^g available to the public and appropriate enforcement personnel, copies of materials received as provided for in paragraph

Public
availabihty.
•

(A);

Publication in
Federal Register.
,,

"(C) the evaluation, at intervals of not less than five years,
of each foreign state's system for licensing and certification of
seafarers, including study course content and duration, examination requirements and prerequisites for licensing and certification, and related controls;
"(D) determination, after the evaluation required by clause
(C), of whether the foreign state, whose system for licensing
and certification of seafarers was evaluated, has standards which
are comparable to or more stringent than United States standards or international standards which are accepted by the United
States;
" ( E ) publication in the Federal Register of each determinatjon made pursuant to clause (D), together with a brief
explanation of the reasons therefor; and
" ( F ) manning levels, based on vessel size and type of operation, when operating in the navigable waters of the United States,
or in the safety zone in connection with utilization of deepwater
ports.

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1489

"(12) MODIFICATIONS.—The Secretary may modify any regulation
or standard prescribed under this section to conform to the provisions
of an international treaty, convention, agreement, or an amendment
thereto, which is ratified by the United States.
"(13)

PROHIBITED ACTS.—

"(A) It is unlawful for any person—
"(i) to violate any provision of this section or any regulation issued under this section; or
"(ii) to refuse to permit any officer, authorized by the
Secretary to enforce the provisions of this section, to board
any vessel or to enter any shore area, place, or premises,
under such person's control for purposes of inspection under
this section; or
"(iii) to refuse to obey any lawful directive issued under
this section.
"(B) It is unlawful for any vessel subject to the provision of
this section—
"(i) to operate in or on the navigable waters of the United
States, or to use any port or place subject to the jurisdiction
of the United States, while not in compliance with any provision of this section or any regulation issued hereunder; or
"(ii) to fail to comply with any lawful directive issued
pursuant to this section.
"(14)

-

ENFORCEMENT.—
"(A) CIVIL PENALTY.—

"(i) Any person who is found by the Secretary, after
notice and an opportunity for a hearing, to have violated
this section or a regulation issued hereunder shall be liable
to the United States for a civil penalty, not to exceed $25,000
for each violation. Each day of a continuing violation shall
constitute a separate violation. The amount of such civil
penalty shall be assessed by the Secretary, or his designee,
by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpability,
any history of prior offenses, ability to pay, and such other
matters as justice may require.
"(ii) The Secretary may compromise, modify, or remit,
with or without conditions, any civil penalty which is subject
to imposition or which has been imposed under this section,
"(iii) If any person fails to pay an assessment of a civil
penalty after it has become final, the Secretary may refer the
matter to the Attorney General of the United States, for
collection in any appropriate district court of the United
States.
"(B)

CRIMINAL PENALTY.—

"(i) Any person who willfully and knowingly violates
this section or any regulation issued hereunder shall be fined
not more than $50,000 for each violation or imprisoned for
not more than five years, or both.
"(ii) Any person who, in the willful and knowing violation of this section or any regulation issued hereunder, uses

39-194 O—80—pt. 2

14 : QL3

-

92 STAT. 1490

PUBLIC LAW 95-474—OCT. 17, 1978
a dangerous weapon, or engages in conduct that causes bodily
injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of this Act or the regulations issued hereunder, shall, in lieu of the penalties prescribed in subparagraph (i), be fined not more than $100,000,
or imprisoned for not more than ten years, or both.
"(C) I N REM LIABILITY.—Any vessel subject to the provisions
of this section, which is used in violation of this section or any
regulation issued hereunder, shall be liable in rem for any civil
penalty assessed pursuant to paragraph (A) and may be proceeded
against in the United States district court for any district in
which such vessel may be found.
"(D) INJUNCTION.—The United States district courts shall
have jurisdiction to restrain violations of this section or of regulations issued hereunder, for cause shown.
" ( E ) WITHHOLDING CLEARANCE.—The Secretary of the Treas-

Surety, filing.

ury shall withhold or revoke, at the request of the Secretary, the
clearance, required by section 4197 of the Revised Statutes of the
United States, as amended (46 U.S.C. 91), of any vessel, the
owner or operator of which is subject to any of the penalties in
this subsection. Clearance may be granted in such cases upon the
filing of a bond or other surety satisfactory to the Secretary.
"(15) INSPECTION.—
" ( A ) NATIONAL PROGRAM.—

Establishment.

Contract.

Fees, regulations.

"(i) The Secretary shall establish a national program for
inspection of any vessel subject to this section. Each such
vessel shall be inspected or examined at least once each year.
Any such vessel over ten years of age shall undergo a special
and detailed inspection of structural strength and hull integrity, as specified by the Secretary.
"(ii) An inspection or examination may be conducted by
any officer authorized by the Secretary. If any such officer is
not reasonably available, the Secretary may contract for the
conduct of inspections or examinations in the United States
and in foreign countries. Under such contract, an inspector
may be authorized to act on behalf of the Secretary, except
that no such inspector may issue a Certificate of Inspection
or Certificate of Compliance, but may issue a temporary
; , certificate.
"(iii) Notwithstanding the provisions of section 1 of the
Act of June 19, 1886, as amended (46 U.S.C. 331), the Secretary shall prescribe by regulation reasonable fees for any
inspection or examination conducted pursuant to this section
outside the geographical limits of the United States, or
which, when involving a foreign vessel, is conducted pursuant
to the contract authority provided for in subparagraph (ii)
of this paragraph. The owner or operator of any vessel
inspected or examined by the Secretary or his designee shall
be liable for such fees. Amounts received as fees shall be
credited to the General Treasury.
"(B) VESSEL DOCUMENTS.—Any vessel subject to the provisions
, of this section shall have on board such documents as the Secre-

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1491

tar}^ deems necessary for inspection or enforcement under this
section, including, but not limited to, documents indicating—
"(i) the kind, grade, and approximate quantities of any
cargo on board;
"^ii) the shipper and consignee of the cargo;
"(iii) the points of origin and destination of the vessel;
and
"(iv) the name of an agent in the LTnited States authorized
to accept legal process.
" (16) MARIXE SAFETY INFORMATION SYSTEM.—

"(A) I N GENERAL.—The Secretary shall establish a marine
safety information system which shall contain information with
regard to any vessel subject to this section which operates on or
enters the navigable waters of the United States, or which transfers oil or any hazardous materials in any port or place under the
jurisdiction of the United States. In acquiring such information,
the Secretary shall make full use of publicly available information. The Secretary may, by regulation, require any such vessel to
furnish such data or other information as he deems necessary, in
order to carry out the purposes of this subsection, including, but
not limited to—
"(i) the names of any person with an ownership interest
in such vessel;
" (ii) details of compliance with the jfinancial responsibility
requirements of applicable statutes or regulations;
"(iii) registration information, including all changes in
the name of the vessel;
"(iv) the history of accidents or serious repair problems
of the vessel; and
" (v) a record of all inspections or examinations of a vessel
conducted under subsection (15).
"(B) INTERAGENCY COOPERATION.—The head of each department or agency of the Federal Government shall, upon a written
request from the Secretary, furnish any available information
which the Secretary deems necessary to confirm the information
received pursuant to paragraph (A).

Establishment.

Vessel data or
information
furnishing,
regulation.

"(17) LIGHTERING.—

"(A) I N GENERAL.—After the effective date of regulations
issued by the Secretary pursuant to paragraph (B), no vessel may
transfer oil or hazardous materials in a port or place subject to
the jurisdiction of the United States, if the cargo has been transferred from another vessel in the navigable waters of the United
States or in the marine environment unless—
" (i) the transfer was conducted in accordance with regulations issued by the Secretary, and
"(ii) both the delivering and receiving vessels had, on
board at the time of transfer, a Certificate of Inspection or a
Certificate of Compliance, as would have been required under
subsection (8), had the transfer taken place in a port or place
subject to the jurisdiction of the United States.
"(B) REGULATIONS.—The Secretary shall issue, and may from Regulations,
time to time, amend or repeal regulations for the transferring of

92 STAT. 1492

PUBLIC LAW 95-474—OCT. 17, 1978

if

oil or hazardous materials in the navigable waters of the United
States or in the marine environment when such oil or hazardous
material is destined for a port or place subject to the jurisdiction
of the United States. Such regulations shall include, but need not
be limited to—
"(i) minimum safe operating conditions, including sea
state, wave height, weather, proximity to channels or shipping lanes, and other similar factors;
" ^ii^ prevention of spills;
" (iii) equipment for responding to any spill;
"(iv) prevention of any unreasonable interference with
navigation or other reasonable uses of the high seas, as such
uses are defined by treaty, convention, or customary international law;
" (v) establishment of lightering zones; and
"(vi) requirements for communication and prearrival
messages.
"(18)

Control and
supervisory
measures,
establishment.
Submittal to
Congress.

TANK WASHINGS.—

"(A) No vessel may transfer a cargo in a port or place subject
to the jurisdiction of the United States, if the vessel has arrived
after having 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, m preparation for
loading that cargo in any port or place subject to the jurisdiction
of the United States.
"(B) The Secretary shall establish effective control and supervisory measures to implement the provisions of this subsection.
"(19) REPORT.—Within six months after the end of each calendar
year, the Secretary shall submit to the Congress—
"(A) a report on the administration of this section during the
preceding calendar year;
"(B) a summary of inspection and enforcement activities during the preceding calendar year; and
"(C) recommendations to the Congress for any additional legislative authority necessary to improve navigation and vessel
safety and protection of the marine environment.".
SEC. 6. SAVINGS CLAUSE.

33 use 1221
note.
Ante, p. 1471.

33 u s e 1221.

46 u s e 391a
note.
Ante, p. 1480.

(a) Regulations previously issued under statutory provisions which
are amended by section 2 of this Act shall continue in effect as though
issued under the authority of the Ports and Waterways Safety Act of
1972, as amended by this Act, until expressly abrogated, modified, or
amended by the Secretary. Any proceeding under title I of Public
Law 92-340 for a violation which occurred before the effective date
of this Act may be initiated or continued to conclusion as though
such public law had not been amended by this Act.
(b) Regulations previously issued under statutory provisions which
are amended by section 5 of this Act shall continue in effect as though
issued under the authority of section 4417a of the Revised Statutes of
the United States, as amended by this Act, until expressly abrogated,
modified, or amended by the Secretary. Any proceeding under the
provisions of section 4417a of the Revised Statutes of the United

PUBLIC LAW 9 5 - 4 7 4 ^ 0 C T . 17, 1978

92 STAT. 1493

States, as it existed prior to amendment by this Act, for a violation ^nte, p. 1480.
which occurred before the effective date of this Act, may be initiated
or continued to conclusion as though such section had not been amended
by this Act.
(c) If a provision of this Act or the application of such provision 33 USC 1221
to any person or circumstances shall be held invalid, the remainder of ^°^the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected
thereby.
Approved October 17, 1978.

LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-1384, Pt. I accompanying H.R. 13311 (Comm. on Merchant
Marine and Fisheries), No. 95-1384, Pt. II (Comm. on International
Relations).
SENATE REPORT No. 95-176 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 123 (1977): May 25, 26, considered and passed Senate.
Vol. 124 (1978): Sept. 12, H.R. 13311 considered and passed House; proceedings vacated and S. 682, amended, passed in lieu.
Sept.30, Senate concurred in House amendment with an
amendment.
Oct. 3, House concurred in Senate amendment.