Pl 92-340

424

PUBLIC LAW 92-340-JULY 10, 1972

[86

STAT.

"(C) the term 'towing vessel' means a commercial vessel engaged
in or intended to engage in the service of towing which is
twenty-six feet or more in length, measured from end to end over
the deck, excluding sheer;
" (D) the term 'uninspected' means not required by law to have
a valid certificate of inspection issued by the Secretary.
" (2) An uninspected towing vessel in order to assure safe navigation
shall, while underway, be under the actual direction and control of a
person licensed by the Secretary to operate in the particular geographic area and by type of vessel under regulations prescribed by
him. A person so licensed may not work a vessel while underway or
perform other duties in excess of a total of twelve hours in any consecutive twenty-four-hour period except in case of emergency.
"(3) Paragraph 2 of this subsection shall not apply to towing vessels of less than two hundred gross tons engaged in a service or ipreparing or intending to immediately engage m a service to the offshore
oil and mineral exploitation industry, mcluding construction for such
industry, where the vessels involved would nave as their ultimate
destination or last point of departure offshore oil and mineral exploitation sites or equipment."
to S>n*irenr°'*
^^^' ^* '^^^ Secretary of Transportation shall conduct a study concerning the need for engineers on uninspected towing vessels and
shall submit to the Congress a report on this study, together with any
legislative recommendations not later than ten months after the enactment of this legislation.
Effective
SEC. 3. The amendments made by the first section of this Act shall
dates
become effective on January 1, 1972, or on the first day of the sixth
month which begins after the month in which regulations are first
issued under section 4427(b) (2) of the Eevised Statutes (as added by
the first section of this Act), whichever date is later.
Approved July 7, 1972.

Public Law 92-340
July 10, 1972
[H. R. 8140]

-^^ -^^'^
To promote the safety of ixn-ts, harbors, waterfront areas, and navigable waters
of the Unitefl States.
Be it enacted by the /Senate and House of Representatives of the
Ports and Water- United Sttttes of AmeHca in Congress assemmed, That this Act may be
7f'97^//"*y ^'* f-ited as the "Ports and Waterways Safety Act of 1972".
TITLE I—PORTS AND WATERWAYS SAFETY AND
ENVIRONMENTAL QUALITY
''•
,,,.;,

SEC. 101. In order to prevent damage to, or the destruction or loss
of any vessel, bridge, or other structure on or in the navigable waters
of the United States, or any land structure or shore area immediately
adjacent to those waters; and to protect the navigable waters and the
resources therein from environmental harm resulting from vessel or
structure damage, destruction, or loss, the Secretary of the department
in which the Coast Guard is operating may— ,.

86 STAT. ]

PUBLIC LAW 92-340-JULY 10, 1972

(1) establish, operate, and maintain vessel traffic services and
systems for ports, harbors, and other waters subject to congested
vessel traffic;
(2) require vessels which operate in an area of a vessel traffic
service or system to utilize or comply with that service or system,
including the carrying or installation of electronic or other
devices necessary for the use of the service or system;
(3) control vessel traffic in areas which he determines to be
especially hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous circumstances by—
(i) specifying times of entry, movement, or departure to,
from, within, or through ports, harbors, or other waters;
(ii) establishing vessel traffic routing schemes;
(iii) establishing vessel size and speed limitations and
vessel operating conditions; and
(iv) restricting vessel operation, in a hazardous area or
under hazardous conditions, to vessels which have particular
operating characteristics and capabilities which he considers
necessary for safe operation under the circumstances;
(4) direct the anchoring, mooring, or movement of a vessel
when necessary to prevent damage to or by that vessel or her
cargo, stores, supplies, or fuel;
(5) require pilots on self-propelled vessels engaged in the foreign trades in areas and under circumstances where a pilot is not
otherwise required by State law to be on board until the State
having jurisdiction of an area involved establishes a requirement
for a pilot in that area or under the circumstances involved;
(6) establish procedures, measures, and standards for the handling, loading, discharge, storage, stowage, and movement,
including the emergency removal, control and disposition, oi
explosives or other dangerous articles or substances (including the
substances described in section 4417a(2) (A), (B), and (C) of the
Revised Statutes of the United States (46 U.S.C. 391a(2) (A),
(B), and (C)) on structures subject to this title;
(7) prescribe minimum safety equipment requirements for
structures subject to this title to assure adequate protection from
fire, explosion, natural disasters, and other serious accidents or
casualties;
(8) establish water or waterfront safety zones or other ineasures for limited, controlled, or conditional access and activity
when necessary for the protection of any vessel, structure, waters,
or shore area; and
(9) establish procedures for examination to assure compliance
with the minimum safety equipment requirements for structures.
SEC. 102. (a) For the purpose of this Act, the term "United States"
includes the fifty States, the District of Columbia, Puerto Rico, the
territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

425

^oat, P. 427.

'

!,

"United states."

426

Panama Canal;
Saint Lawrence
Seaway.

Investigatory
powers.

PUBLIC LAW 92-340-JULY 10, 1972

[86 STAT.

(b) Nothing contained in this title supplants or modifies any treaty
or Federal statute or authority granted thereunder, nor does it prevent a State or political subdivision thereof from prescribing for
structures only higher safety equipment requirements or safety standards than those wliich may be prescribed pursuant to this title.
(c) In the exercise of his authority under this title, the Secretary
shall consult with other Federal agencies, as appropriate, in order to
give due consideration to their statutory and other responsibilities,
and to assure consistency of regulations applicable to vessels, structures, and areas covered by this title. The Secretary may also consider,
utilize, and incorporate regulations or similar directory materials
issued by port or other State and local authorities.
(d) This title shall not be applicable to the Panama Canal. The
authority granted to the Secretary under section 101 of this title shall
not be delegated with respect to the Saint Lawrence Seaway to any
agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under this title shall
be delegated to the Saint Lawrence Seaway Development Corporation
to the extent that the Secretary determines such delegation is necessary for the proper operation of the Seaway.
(e) In carrying out his duties and responsibilities under this title
to promote the safe and efficient conduct of maritime commerce the
Secretary shall consider fully the wide variety of interests which may
be affected by the exercise of his authority hereunder. In determining
the need for, and the substance of, any rule or regulation oi- the exercise of other authority hereunder the Secretary shall, among other
things, consider—
(1 ^ the scope and degree of the hazards;
(2) vessel traffic characteristics including minimum interference with the flow of commercial traffic, traffic volume, the sizes
and types of vessels, the usual nature of local cargoes, and similar
factors;
(3) port and waterway configurations and the differences in
geographic, climatic, and other conditions and circumstances;
(4) environmental factors;
(5) economic impact and effects;
(6) existing vessel traffic control systems, services, and schemes;
and
(T) local practices and customs, including voluntary arrangements and agreements within the maritime community.
SEC. 103. The Secretary may investigate any incident, accident, or
act involving the loss or destruction of, or damage to, any structure
subject to this title, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the
Ignited States. I n any investigation under this title, the Secretary
may issue a subpena to require the attendance of any witness and the
production of documents and other evidence. I n case of refusal to
obey a subpena issued to any person, the Secretary may request the
Attorney General to invoke the aid of the appropriate district court
of the United States to compel compliance. Witnesses may be paid
fees for travel and attendance at rates not exceeding those allowed
in a district court of the United States.

86 STAT. ]

PUBLIC LAW 92-340-JULY 10, 1972

427

SEC. 104. The Secretary may issue reasonable rules, regulations, auth^rl^^.''^"^
and standards necessary to implement this title. I n the exercise of his
lulemaking authority the Secretary is subject to the provisions of
chapters 5 and 7 of title 5, United States Code, I n preparing proposed 3 92°^8?staf.°i 9;.
rules, regulations, and standards, the Secretary shall provide an ade- 5'use soo,
quate opportunity for consultation and comment to State and local ^°^governments, representatives of the marine industry, port and harbor authorities, environmental groups, and other interested parties.
SEC. 105. The Secretary shall, within one year after the effective
Report to condate of this Act, report to the Congress his recommendations for legis- ^'•''^^"
lation which may be necessary to achieve coordination and/or eliminate duplication between the functions authorized by this Act and
the functions of any other agencies.
SEC. 106. Whoever violates a regulation issued under this title shall Penalty.
be liable to a civil penalty of not more than $10,000. The Secretary
may assess and collect any civil penalty incurred under this title and,
in his discretion, remit, mitigate, or compromise any penalty. Upon
failure to collect or compromise a penalty, the Secretary may request
the Attorney General to commence an action for collection in any district court of the United States. A vessel used or employed in a violation of a regulation under this title shall be liable in rem and may be
;proceeded against in any district court of the United States having
jurisdiction.
SEC. 107. Whoever willfully violates a regulation issued under this
title shall be fined not less than $5,000 or more than $50,000 or imprisoned for not more than five years, or both,
T I T L E II—VESSELS CARRYING CERTAIN CARGOES
IN BULK
SEC, 201, Section 4417a of the Revised Statutes of the United States
(46 U.S.C. 391a) is hereby amended to read as follows:
" S E C . 4417a. (1) STATEMENT OF POLICY,—The Congress hereby finds
and declares—
"That the carriage by vessels of certain cargoes in bulk creates
substantial hazards to life, property, the navigable waters of the
United States (including the quality thereof) and the resources
contained therein and of the adjoining land, including but not
limited to fish, shellfish, and wildlife, marine and coastal ecosystems and recreational and scenic values, which waters and
resources are hereafter in this section referred to as the 'marine
environment',
"That existing standards for the design, construction, alteration, repair, maintenance and operation of such vessels must be
improved for the adequate protection of the marine environment,
"That it is necessary that there be established for all such vessels
documented under the laws of the United States or entering the
navigable waters of the United States comprehensive minimum
standards of design, construction, alteration, repair, maintenance,
and operation to prevent or mitigate the hazards to life, property,
and the marine environment,
" (2) VESSELS INCLUDED,—All vessels, regardless of tonnage size, or
manner of propulsion, and whether self-propelled or not, and whether
carrying freight or passengers for hire or not, which are documented
under the laws of the United States or enter the navigable waters of
the United States, except public vessels other than those engaged in

428

PUBLIC LAW 92-340-JULY 10, 1972

[86 STAT.

commercial service, that shall have on board liquid cargo in bulk
which is—
'"(A) inflammable or combustible, or
" ( B ) oil, of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil, or
" ( C ) designated as a hazardous polluting substance under section 12(a) of the Federal Water Pollution Control Act (33 U.S.C.
84 Stat. 98.

46 use 361

et seg.

82 stajt^. 341.
46 u s e 391a.

1162) ;

shall be considered steam vessels for the purposes of title 52 of the
Revised Statutes of the United States and shall be subject to the provisions thereof: Provided, That this section shall not apply to vessels
having on board the substances set forth in ( A ) , ( B ) , or (C) above
only for use as fuel or stores or to vessels carrying such cargo only in
drums, barrels, or other packages: And provided further. That
nothing contained herein shall be deemed to amend or modify the
provisious of section 4 of Public Law 90-397 with respect to certairi
vessels of not more than five hmidred gross tons: And provided
further, That this section shall not apply to vessels of not more than
five hundred gross tons documented in the service of oil exploitation
which are not tank vessels and which would be subject t o this section
only because of the transfer of fuel from the vessels' own fuel supply
tanks to offshore drilling or production facilities.
"(3) RULES AND REGULATIONS.—In order to secure effective provision ( A ) for vessel safety, and ( B ) for protection of the marine
environment, the Secretary of the department in which the Coast
Guard is operating (hereafter referred to in this section as the 'Secretary') shall estaWish for the vessels to which this section applies such
additional rules and regulations as may be necessary with respect to the
design and construction, alteration, repair, and maintenance of such
vessels, including, but not limited to, the superstructures, hulls, places
for stowing and carrying such cargo, fittings, equipment, appliances,
propulsive machinery, auxiliary machinery, and boilers thereof; and
with respect to all materials used in such construction, alteration, or
repair; and with respect to the handling and stowage of such cargo,
the manner of such handling or stowage, and the machinery and
appliances used in such handling and stowage; and with respect to
equipment and appliances for life saving, fire protection, and the prevention and mitigation of damage to the marine environment; and
with respect to the operation of such vessels; and with respect to the
requirements of the manning of such vessels and the duties and qualifications of the officers and crew thereof; and with respect to the
inspection of all the foregoing. I n establishing such rules and regulations the Secretary may, after hearing as provided in subsection ( 4 ) ,
adopt rules of the American Bureau of Shipping or similar American
classification society for classed vessels insofar as such rules pertain
to the efficiency of hulls and the reliability of machinery of vessels
to which this section applies. I n establishing such rules and regulations, the Secretary shall give due consideration to the kinds and
grades of such cargo permitted to be on board such vessel. I n establishing such rules and regulations the Secretary shall, after consultation with the Secretary of Commerce and the Administrator of the
Environmental Protection Agency, identify those established for protection of the marine environment and those established for vessel
safety.
" ( 4 ) A o o m o N OF RULES AND REGULATIONS.—Before any rules or

regulations, or any alteration, amendment, or repeal thereof, are approved by the Secretary under the provisions of this section, except

86 STAT. ]

PUBLIC LAW 92-340-JULY 10, 1972

429

in an emergency, the Secretary shall (A) consult with other appropriate Federal departments and agencies, and particularly with the
Administrator of the Environmental Protection Agency and the Secretary of Commerce, with regard to all rules and regulations for the
protection of the marine environment, ( B ) publish proposed rules pubiic'^uon"hearand regulations, and (C) permit interested persons an opportunity ing opportunity.
for hearing. I n prescribing rules or regulations, the Secretary shall
consider, among other things, (i) the need for such rules or regulations, (ii) the extent to which such rules or regulations will contribute
to safetj or protection of the marine environment, and (iii) the practicability of compliance therewith, including cost and technical
feasibility.
" ( 5 ) RULES AND REGULATIONS FOR SAFETY; INSPECTION; PERMITS;
FOREIGN VESSELS.—No vessel subject to the provisions of this section

shall, after the effective date of the rules and regulations for vessel
safety established hereunder, have on board such cargo, until a certificate of inspection has been issued to such vessel in accordance with
the provisions of title 52 of the Revised Statutes of the L^nited States "^^ "sc aei &t
and until a permit has been endorsed on such certificate of inspection **^*
by the Secretary, indicating that such vessel is in compliance with the
provisions of this section and the rules and regulations for vessel
safety established hereunder, and showing the kinds and grades of
such cargo that such vessel may have on board or transport. Such permit shall not be endorsed by the Secretary on such certificate of inspection until such vessel has been inspected by the Secretary and
found to be in compliance with the provisions of this section and the
rules and regulations for vessel safety established hereunder. For the
purpose of such inspection, approved plans and certificates of class
of the American Bureau of Shipping or other recognized classification society for classed vessels may be accepted as evidence of the
structural efficiency of the hull and the reliability of the machinery of
such classed vessels except as far as existing law places definite responsibility on the Coast Guard. A certificate issued under the provisions of this section shall be valid for a period of time not to exceed the
duration of the certificate of inspection on which such permit is endorsed, and shall be subject to rev^ocation by the Secretary Avhenever
he shall find that the vessel concerned does not comply with the conditions upon which such permit was issued: Provided, That rules and
regulations for vessel safety established hereunder and the provisions
of this subsection shall not apply to vessels of a foreign nation having
on board a valid certificate of inspection recognized under law or treaty
by the United States: And provided further. That no permit shall be
issued under the provisions of this section authorizing the presence
on board any vessel of any of the materials expressly prohibited from
being thereon by subsection (3) of section 4472 of this title.
46 use 170.
" ( 6 ) RULES AND REGUI^TIONS FOR PROTECTION or THE MARINE
ENVIRONMENT; INSPECTION; CERTIFICATION.—No vessel subject to the

provisions of this section shall, after the effective date of rules and
regulations for protection of the marine environment, have on board
such cargo, until a certificate of compliance, or an endorsement on the
certificate of inspection for domestic vessels^ has been issued by the
Secretary indicating that such vessel is in compliance with such rules
and regulations. Such certificate of compliance or endorsement shall
not be issued by the Secretary until such vessel has been inspected by
the Secretary and found to be in compliance with the rules and regulations for protection of the marine environment established hereunder. A certificate of compliance or an endorsement issued under this
subsection shall be valid for a period specified therein by the Secretary and shall be subject to revocation whenever the Secretary finds
that the vessel concerned does not comply with the conditions upon
which such certificate or endorsement was issued.

430

Publication.

Effective date.

PUBLIC LAW 92-340-JULY 10, 1972

[86 STAT.

"(7) RULES AND REGULATIONS FOR PROTECTION OF THE MARINE
ENVIRONMENT RELATING TO VESSEL DESIGN AND CONSTRUCTION,
ALTERATION, AND REPAIR; INTERNATIONAL AGREEMENT.—(A) The

Secretary shall begin publication as soon as practicable of proposed
rules and regulations setting forth minimum standards of design, construction, alteration, and repair of the vessels to which this section applies for the purpose of protecting the marine environment. Such rules
and regulations shall, to the extent possible, include but not be limited
to standards to improve vessel maneuvering and stopping ability and
otherwise reduce the possibility of collision, grounding, or other accident, to reduce cargo loss following collision, grounding, or other accident, and to reduce damage to the marine environment by normal
vessel operations such as ballasting and deballasting, cargo handling,
and other activities.
" ( B ) The Secretary shall cause proposed rules and regulations published by him pursuant to subsection (7) (A) to be transmitted to
appropriate international forums for consideration as international
standards.
" ( C ) Rules and regulations published pursuant to subsection (7)
(A) shall be effective not earlier than January 1, 1974, unless the
Secretary shall earlier establish rules and regulations consonant with
international treaty, convention, or agreement, which generally address the regulation of similar topics for the protection of the marine
environment. I n the absence of the promulgation of such rules and
regulations consonant with international treaty, convention, or agreement, the Secretary shall establish an effective date not later than
January 1, 1976, for rules and regulations previously published pursuant to this subsection (7) which he then deems appropriate.
" ( D ) Any rule or regulation for protection of the marine environment promulgated pursuant to this subsection (7) shall be equally
applicable to foreign vessels and United States-flag vessels operating
in the foreign trade. If a treaty, convention, or agreement provides
for reciprocity of recognition of certificates or other documents to be
issued to vessels by countries party thereto, which evidence compliance with rules and regulations issued pursuant to such treaty, convention, or agreement, the Secretary, in his discretion, may accept
such certificates or documents as evidence of compliance with such
rules and regulations in lieu of the certificate of compliance otherwise
required by subsection (6) of this section.
"(8) SHIPPING DOCUMENTS.—Vessels subject to the provisions of
this section shall have on board such shipping documents as may be
prescribed by the Secretary indicating the kinds, grades, and approximate quantities of such cargo on board such vessel, the shippers and
consignees thereof, and the location of the shipping and destination
points.
"(9) OFFICERS; TANKERMEN; CERTIFICATION.—(A) I n all cases
where the certificate of inspection does not require at least two licensed
officers, the Secretary shall enter in the permit issued to any vessel
under the provisions of this section the number of the crew required
to be certified as tankermen.
" ( B ) The Secretary shall issue to applicants certificates as tankermen, stating the kinds of cargo the holder of such certificate is, in the

86 STAT. ]

PUBLIC LAW 92-340-JULY 10, 1972

431

judgment of the Secretary, qualified to handle aboard vessels with
safety, upon satisfactory proof and examination, in form and manner
prescribed by the Secretary, that the applicant is in good physical
condition, that such applicant is trained in and capable efficiently to
perform the necessary operations aboard vessels having such cargo on
board, and that the applicant fulfills the qualifications of tankerman
as prescribed by the Secretary under the provisions of this section.
Such certificates shall be subject to suspension or revocation on the
same grounds and in the same manner and with like procedure as is
provided in the case of suspension or revocation of licenses of officers
under the provisions of section 4450 of this title.
^^ use 239.
"(10)

EFFECTIVE DATE OF RULES AND REGULATIONS.—Except as

otherwise provided herein, the rules and regulations to be established
pursuant to this section shall become effective ninety days after their
promulgation unless the Secretary shall for good cause fix a different
time. I f the Secretary shall fix an effective date later than ninety days
after such promulgation, his determination to fix such a later date
shall be accompanied by an explanation of such determination which
he shall publish and transmit to the Congress.
"(11) PENALTIES.— (A) The owner, master, or person in charge of
any vessel subject to the provisions of this section, or any or all of
them, who shall violate the provisions of this section, or the rules and
regulations established hereunder, shall be liable to a civil penalty
of not more than $10,000.
" ( B ) The owner, master, or person in charge of any vessel subject
to the provisions of this section, or any or all of them, who shall
knowingly and willfully violate the provisions of this section or the
rules and regulations established hereunder, shall be subject to a fine
of not less than $5,000 or more than $50,000, or imprisonment for not
more than five years, or both.
" ( C ) Any vessel subject to the provisions of this section, which shall
be in violation of this section or the rules and regulations established
hereunder, shall be liable in rem and may be proceeded against in the
LTnited States district court for any district m which the vessel may
be found.
"(12) INJUNCTIVE PROCEEDINGS.—The United States district courts
shall have jurisdiction for cause shown to restrain violations of this
section or the rules and regulations promulgated hereunder.
"(13) DENIAL OF ENTRY.—The Secretary may, subject to recognized principles of international law, deny entry into the navigable
waters of the United States to any vessel not in compliance with the
provisions of this section or the regulations promulgated thereunder."
SEC. 202. Regulations previously issued under statutory provisions ^ Savings prorepealed, modified, or amended by this title shall continue in effect as vision.
"'"'""
though promulgated under the authority of section 4417a of the Revised Statutes of the United States (46'U.S.C. 391a), as amended by
this title, until expressly abrogated, modified, or amended by the Secretary of the Department in which the Coast (xuard is operating
under the regulatory authority of such section 4417a as so amended.
Any proceeding under such section 4417a for a violation Avhich occurred before the effective date of this title may be initiated or continued to conclusion as though sitch section 4417a had not been
amended herebv.

432
Report to Congress.

PUBLIC LAW 92-341-JULY 10, 1972

[86 STAT.

SEC. 203. The Secretary of the Department in which the Coast
Guard is operating shall, for a period of ten years following the enactment of this title, make a report to the Congress at the beginning
of each regular session, regarding his activities under this title. Such
report shall include but not be limited to (A) a description of the
I'ules and regulations prescribed by the Secretary (i) to improve vessel maneuvering and stopping ability and otherwise reduce the risks
of collisions, groundings, and other accidents, (ii) to reduce cargo
loss in the event of collisions, groundings^ and other accidents, and
(iii) to reduce damage to the marine environment from the normal
operation of the vessels to which this title applies, (B) the progress
made with respect to the adoption of international standards for the
design, construction, alteration, and repair of vessels to which this
title applies for protection of the marine environment, and (C) to the
extent that the Secretary finds standards with respect to the design,
construction, alteration, and repair of vessels for the purposes set forth
in (A)(i), (ii), or (iii) above not possible, an explanation of the
reasons therefor.
Approved July 10, 1972.
Public Law 92-341

July 10, 1972
[S. 3343]

Disabled veterans.
Housing loans,
increase.
83 Stat. 3 2 .

AN ACT
To amend title 38, United States Code, to increase the maximum amount of tlie
grant payable for specially adapted housing for disabled veterans.

Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That section 802 of
title 38, United States Code, is amended by striking out "$12,500"
and inserting in lieu thereof "$17,500".
Approved July 10, 1972.
Public Law 92-342

July 10, 1972
[H. R. 13 9551

AN ACT :: .--''v 1 ,...•
Making appropriations for the Legislative Branch for the fiscal yeiir PJUUUK
June 30, 1973, and for other purposes.

Legislative
Branch Appropriation Act, 1973.

Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year
ending June 30, 1973, and for other purposes, namely:
SENATE
(COMPENSATION AND M I L E A G E OF T H E V I C E P R E S I D E N T AND SENATORS
AND E X P E N S E A L L O W A N C E S OF T H E V I C E P R E S I D E N T AND LEADERS OF
THE S E N A T E