Public Law 95–474

That this Act may

Port and Tanker Safety Act of 1978.

be cited as the “Port and Tanker Safety Act of 1978”.

SEC. 2. PORTS AND WATERWAYS SAFETY AND PROTECTION OF THE MARINE ENVIRONMENT.

The Ports and Waterways Safety Act of 1972 (Public Law 92–340, 86 Stat. 424) is amended to read as follows:

33 USC 1221 note.

Ports and Waterways Safety Act.

33 USC 1221 note.

33 USC 1221.

“Section 1. Short Title.

“This Act may be cited as the ‘Ports and Waterways Safety Act’.

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“Sec. 2. Statement of Policy.

“The Congress finds and declares—

“(a)“(a)

that navigation and vessel safety and protection of the marine environment are matters of major national importance;

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“(b)“(b)

that increased vessel traffic in the Nation’s ports and waterways creates substantial hazard to life, property, and the marine environment;

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“(c)“(c)

that increased supervision of vessel and port operations is necessary in order to—

“(1)“(1)

reduce the possibility of vessel or cargo loss, or damage to life, property, or the marine environment;

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“(2)“(2)

prevent damage to structures in, on, or immediately adjacent to the navigable waters of the United States or the resources within such waters;

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“(3)“(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 operational procedures; and

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“(4)“(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

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“(d)“(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.

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“Sec. 3. Definitions.—

As used in this Act, unless the context otherwise requires—

“(1)“(1)

‘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.

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“(2)“(2)

‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.

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“(3)“(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.

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“(4)“(4)

‘United States’, when used in geographical context, means all the States thereof.

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“Sec. 4. Vessel Operating Requirements.

“(a)“(a)

In General.—

Subject to the requirements of section 5, the Secretary may—

“(1)“(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;

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“(2)“(2)

require vessels which operate in an area of a vessel traffic service to utilize or comply with that service;

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“(3)“(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;

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“(4)“(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)“(A)

specifying times of entry, movement, or departure;

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“(B)“(B)

establishing vessel traffic routing schemes;

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“(C)“(C)

establishing vessel size, speed, draft limitations and vessel operating conditions; and

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“(D)“(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

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“(5)“(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.

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“(b)“(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—

“(1)“(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;

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“(2)“(2)

he determines that such vessel does not satisfy the conditions for port entry set forth in section 9; or

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“(3)“(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.

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“(c)“(c)

Port Access Routes.—

(1)(1)

In order to provide safe access

Designation.

routes for the movement of vessel traffic proceeding to or from 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.

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“(2)“(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.

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“(3)“(3)

Prior to making a designation pursuant to paragraph (1) hereof, and in accordance with the requirements of section 5, the Secretary shall—

“(A)“(A)

within six months after date of enactment of this Act

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

(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;

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“(B)“(B)

in consultation with the Secretary of State, the Secretary

Consultation.

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

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“(C)“(C)

to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved.

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“(4)“(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

Notice.

Publication in Federal Register.

for the designation contemplated or shall have published in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination.

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“(5)“(5)

In connection with a designation made pursuant to this subsection. the Secretary—

“(A)“(A)

shall issue reasonable rules and regulations governing 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;

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“(B)“(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;

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“(C)“(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

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“(D)“(D)

shall, through appropriate channels, (i) notify cognizant 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.

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“(d)“(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)“(1)

innocent passage through the territorial sea of the United States, or

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“(2)“(2)

transit through the navigable waters of the United States which form a part of an international strait.

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“Sec. 5. Considerations by Secretary.

“In carrying out his duties and responsibilities under section 4, the Secretary shall—

“(a)“(a)

take into account all relevant factors concerning navigation and vessel safety and protection of the marine environment, including but not limited to—

“(1)“(1)

the scope and degree of the risk or hazard involved;

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“(2)“(2)

vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;

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“(3)“(3)

port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

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“(4)“(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 self-propelled fishing vessels and recreational vessels;

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“(5)“(5)

the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;

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“(6)“(6)

environmental factors;

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“(7)“(7)

economic impact and effects;

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“(8)“(8)

existing vessel traffic services; and

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“(9)“(9)

local practices and customs, including voluntary arrangements and agreements within the maritime community; and

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“(b)“(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.

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“Sec. 6. Waterfront Safety.

“(a)“(a)

In General.—

The Secretary may take such action as is necessary to—

“(1)“(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

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“(2)“(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)“(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;

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“(B)“(B)

prescribing minimum safety equipment requirements for the structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties;

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“(C)“(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

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“(D)“(D)

establishing procedures for examination to assure compliance with the requirements prescribed under this section.

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“(b)“(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.

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“Sec. 7. Pilotage.

“The Secretary may require federally licensed pilots on any self-propelled 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 State law. Any 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.

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“Sec. 8. Investigatory Powers.

“(a)“(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.

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“(b)“(b)

Powers.—

In an investigation under this section, the Secretary may issue subpenas to require the attendance of witnesses and the 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 the 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 $or travel and attendance. at rates not exceeding those allowed in a district court of the United States.

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“Sec. 9. Conditions for Entry to Ports of the United States.

“(a)“(a)

In General.—

No vessel, subject to the provisions of section

Post, p. 1480.

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)“(1)

has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment; or

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“(2)“(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 treaty; or

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“(3)“(3)

discharges oil or hazardous material 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; or

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“(4)“(4)

does not comply with any applicable vessel traffic service requirements; or

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“(5)“(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 the United States; or

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“(6)“(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

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“(7)“(7)

while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.

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“(b)“(b)

Exceptions.—

The Secretary may allow provisional entry of a vessel not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that 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. In addition, paragraphs (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, that 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.

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“Sec. 10. Applicability.

“This Act shall not apply to the Panama Canal. The authority 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. Any 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.

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“Sec. 11. International Agreements.

“(a)“(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.

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“(b)“(b)

Agreements.—

The President is authorized and encouraged to—

“(1)“(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 and under circumstances of mutual concern; and

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“(2)“(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.

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“(c)“(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)“(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

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“(2)“(2)

waive, by order or regulation, the 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 that nation exercises jurisdiction.

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“Sec. 12. Regulations.

“(a)“(a)

In General.—

In accordance with the 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.

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“(b)“(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)“(1)

interested Federal departments and agencies,

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“(2)“(2)

officials of State and local governments,

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“(3)“(3)

representatives of the maritime community,

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“(4)“(4)

representatives of port and harbor authorities or associations,

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“(5)“(5)

representatives of environmental groups,

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“(6)“(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

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“(7)“(7)

advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.

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“Sec. 13. Enforcement.

“(a)“(a)

Civil Penalty.—

(1)(1)

Any person who is found by the Secretary, 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.

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“(2)“(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.

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“(3)“(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.

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“(b)“(b)

Criminal Penalty.—

(1)(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.

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“(2)“(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.

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“(c)“(c)

In 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.

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“(d)“(d)

Injunction.—

The United States district courts shall have jurisdiction to restrain violations of this Act or of regulations issued hereunder, for cause shown.

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“(e)“(e)

Denial of Entry.—

Except as provided in section 9, the Secretary may, subject to recognized principles of international law, deny entry into the navigable waters of the United States or to any port or place under the jurisdiction of the United States to any vessel not in compliance with the provisions of this Act or the regulations issued hereunder.

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“(f)“(f)

Withholding of Clearance.—

The Secretary of the Treasury 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 section. Clearance may

Surety, filing.

be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.

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SEC. 3. STUDY OF MONITORING SYSTEMS.

SEC. 4. IMPROVED PILOTAGE STANDARDS.

Section 4442 of the Revised Statutes of the United States (46 U.S.C.

Federal steam vessel pilot’s license, eligibility.

214) is amended to read as follows:

“Sec. 4442.

(a)(a)

The Secretary of the department in which the Coast Guard is operating shall, in accordance with subsection (b) of this section, establish eligibility requirements for the issuance of a Federal license to pilot any steam vessel.

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“(b)“(b)

No person may be issued a Federal license to pilot any steam vessel unless he—

“(1)“(1)

is at least, twenty-one years of age;

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“(2)“(2)

is of sound health and has no physical limitations which would hinder or prevent the performance of a pilot’s duties;

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“(3)“(3)

agrees to have a thorough physical examination each year while holding such license;

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“(4)“(4)

demonstrates, to the satisfaction of the Secretary, that he possesses the requisite general knowledge and skill to hold such license;

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“(5)“(5)

demonstrates proficiency in the use of electronic aids to navigation;

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“(6)“(6)

maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in such waters;

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“(7)“(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

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“(8)“(8)

meets any other requirement which the Secretary considers reasonable and necessary.

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“(c)“(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.”.

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SEC. 5. VESSELS CARRYING CERTAIN CARGOES IN BULK.

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)(1)

Statement of Policy.—

The Congress hereby finds and declares—

“(A)“(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;

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“(B)“(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;

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“(C)“(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;

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“(D)“(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;

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“(E)“(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

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“(F)“(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.

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“(2)“(2)

Definitions.—

As used in this section, unless the context otherwise requires—

“(A)“(A)

‘Discharge’ includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused.

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“(B)“(B)

‘Foreign vessel’ means any vessel of foreign registry or operated under the authority of any nation other than the United States.

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“(C)“(C)

‘Hazardous material’ means any liquid material or substance which is—

“(i)“(i)

flammable or combustible; or

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“(ii)“(ii)

designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321); or

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“(iii)“(iii)

designated a hazardous material under section 104 of the Hazardous Material Transportation Act (49 U.S.C. 1803).

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“(D)“(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.

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“(E)“(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.

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“(F)“(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.

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“(G)“(G)

‘Public vessel’ means a vessel which—

“(i)“(i)

is owned, or chartered by demise, and operated by the United States or any foreign government; and

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“(ii)“(ii)

is not engaged in commercial service.

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“(H)“(H)

‘Commercial service’ means all types of trade or business involving the transportation of goods or persons, excluding the service performed by combatant vessels.

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“(I)“(I)

‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.

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“(J)“(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.

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“(K)“(K)

‘United States’, when used in a geographical context, means all the States thereof.

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“(L)“(L)

‘Vessel of the United States’ means any vessel documented or numbered under the laws of the United States.

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“(M)“(M)

‘Tanker’ means a vessel constructed or adapted primarily to carry oil or hazardous materials in bulk in the cargo spaces.

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“(N)“(N)

‘Crude oil tanker’ means a tanker engaged in the trade of carrying crude oil.

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“(O)“(O)

‘Product carrier’ means a tanker engaged in the trade of carrying oil, other than crude oil.

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“(P)“(P)

‘Major conversion’ means a conversion of an existing vessel which substantially alters the dimensions or carrying capacity of the vessel; or changes the type of vessel; or substantially pro longs its life; or which otherwise so alters the vessel that it is essentially a new vessel, as determined by the Secretary.

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“(Q)“(Q)

‘New’ means, with respect to various types of vessels subject to subsection (7) , a vessel—

“(i)“(i)

for which the building contract is placed after June 1, 1979; or

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“(ii)“(ii)

in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction after January 1, 1980; or

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“(iii)“(iii)

the delivery of which is after June 1, 1982; or

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“(iv)“(iv)

which has undergone a major conversion, which is contracted for after June 1, 1979, or construction work of which is begun after January 1, 1980, or completed after June 1, 1982.

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“(R)“(R)

‘Existing’ means, with respect to various types of vessels subject to subsection (7), a vessel which is not a new vessel.

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“(S)“(S)

‘Crude oil’ means any liquid hydrocarbon mixture occur ring naturally in the earth, whether or not treated to render it suitable for transportation, 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.

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“(3)“(3)

Applicability.—

Except as provided in subsections (4) and (5), this section shall apply to any vessel—

“(A)“(A)

regardless of tonnage, size, or manner of propulsion;

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“(B)“(B)

whether self-propelled or not;

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“(C)“(C)

whether carrying freight or passengers for hire or not;

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“(D)“(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

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“(E)“(E)

which carries oil or any hazardous materials in bulk as cargo or in residue.

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Any such vessel shall be deemed to be a steam vessel for the purposes of title 52 of the Revised Statutes of the United States and shall be subject to the provisions thereof.

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“(4)“(4)

Exceptions.—

This section shall not apply to—

“(A)“(A)

any public vessel; or

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“(B)“(B)

any vessel of not more than 500 gross tons, documented in the service of oil exploitation, which is not a tanker and which would be subject to this section only because of the transfer of fuel from fuel supply tanks of such vessels to offshore drilling or production facilities, if the crew member in charge of such trans fer is certified as a tankerman: Provided, That 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

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“(C)“(C)

cannery tenders, fishing tenders, and fishing vessels of not more than 500 gross tons, used in the salmon or crab fisheries of the State of Oregon, Washington, and Alaska, when engaged exclusively in the fishing industry; or

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“(D)“(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.

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“(5)“(5)

Fish 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 be required, by regulations issued by the Secretary.

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“(6)“(6)

Regulatory Authority.—

“(A)“(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 sec tion 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 regulations issued by the Secretary under 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)“(i)

superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers;

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“(ii)“(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;

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“(iii)“(iii)

equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment;

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“(iv)“(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);

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“(v)“(v)

improvements in vessel maneuvering and stopping ability and other features which reduce the possibility of collision, grounding, or other accidents;

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“(vi)“(vi)

the reduction of cargo loss in the event of a collision, grounding, or other accident; and

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“(vii)“(vii)

the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity.

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“(B)“(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.

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“(C)“(C)

The Secretary, in the exercise of this regulatory authority, shall establish procedures for consulting with, and receiving and considering the views of—

“(i)“(i)

interested Federal departments and agencies,

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“(ii)“(ii)

officials of State and local governments,

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“(iii)“(iii)

representatives of the maritime community,

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“(iv)“(iv)

representatives of port and harbor authorities or associations,

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“(v)“(v)

representatives of environmental groups, and

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“(vi)“(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.

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“(7)“(7)

Minimum Standards.—

In issuing regulations pursuant to subsection (6), the Secretary shall require that any self-propelled vessel shall, as a minimum—

“(A)“(A)

if a new crude oil tanker of 20,000 deadweight tons or above, be equipped with—

“(i)“(i)

segregated ballast tanks which are protectively located;

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“(ii)“(ii)

a crude oil washing system; and

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“(iii)“(iii)

a cargo tank protection system, consisting of a fixed deck froth system and a fixed inert gas system;

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“(B)“(B)

if a new product carrier of 30,000 deadweight tons or above, be equipped with segregated ballast tanks which are protectively located;

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“(C)“(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;

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“(D)“(D)

if an existing crude oil tanker of 40,000 deadweight tons or above, not later than June 1, 1981, be equipped with—

“(i)“(i)

segregated ballast tanks; or

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“(ii)“(ii)

a crude oil washing system: Provided, That compliance may be 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;

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“(E)“(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;

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“(F)“(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;

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“(G)“(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;

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“(H)“(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;

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“(I)“(I)

if an existing product carrier of 40,000 deadweight tons or above, or an existing product earlier of 20,000 deadweight tons or above but less than 40,000 deadweight tons, which is fitted with high-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,

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“(J)“(J)

if of 10,000 gross tons or above, not later than June 1, 1979, be equipped with—

“(i)“(i)

a dual radar system, with short-range and with long-range capabilities and each with true-north features;

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“(ii)“(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;

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“(iii)“(iii)

an electronic position fixing device;

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“(iv)“(iv)

adequate communications equipment;

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“(v)“(v)

a sonic depth finder;

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“(vi)“(vi)

a gyrocompass; and

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“(vii)“(vii)

up-to-date charts:

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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;

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“(K)“(K)

if a new tanker of 10,000 gross tons or above, be equipped with—

“(i)“(i)

two remote steering gear control systems operable separately from the navigating bridge;

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“(ii)“(ii)

main steering gear control in the steering gear compartment;

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“(iii)“(iii)

means of communications and rudder angle indicators on the navigating bridge, remote steering gear control station, and the steering gear compartment;

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“(iv)“(iv)

two or more identical and adequate power-units for the main steering gear;

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“(v)“(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

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“(vi)“(vi)

means of automatic starting and stopping of power units with attendant alarms at all steering stations;

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“(L)“(L)

if an existing tanker of 10,000 gross tons or above, not later than June 1, 1981, be equipped with—

“(i)“(i)

two remote steering gear control systems operable separately from the navigating bridge;

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“(ii)“(ii)

main steering gear control in the steering gear compartment; and

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“(iii)“(iii)

means of communications and rudder angle indicators on the navigating bridge, remote steering gear control station, and the steering gear compartment; and

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“(M)“(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

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“(N)“(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.

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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 in 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.

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“(8)“(8)

Evidence of Compliance.—

“(A)“(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

Noncompliance, notification.

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.

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“(B)“(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

Examination.

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

Noncompliance, notification.

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.

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“(C)“(C)

The Secretary may accept, in whole or in part, a certificate, endorsement, or document issued by any foreign nation pursuant to any treaty, convention, or other international agreement to which the United States is a party, as a basis for issuance of a Certificate of Compliance.

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“(D)“(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).

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“(E)“(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 that the temporary certificate shall be valid for not more, than thirty days. Any certificate shall be revoked or suspended if the Secretary finds that the vessel involved no longer complies with the conditions upon which the certificate was issued.

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“(9)“(9)

Personnel and Manning Standards for Vessels of the United States.—

The Secretary shall prescribe standards for the manning 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)“(A)

instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas;

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“(B)“(B)

instruction in vessel and cargo handling and vessel navigation in emergency situations and under accidental or potential accident conditions;

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“(C)“(C)

license qualifications by specific type and size of vessels;

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“(D)“(D)

qualification for licenses by use of simulators for the practice or demonstration of marine-oriented skills;

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“(E)“(E)

minimum health and physical fitness criteria for various grades of licenses and certificates: Provided, That the Secretary Waiver, conditions or limitations. shall waive the applicability of such criteria to any individual holding a license or certificate in effect on the effective date of this subsection, including subsequent renewals thereof: Provided further, That, 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;

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“(F)“(F)

periodic retraining, and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities; and

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“(G)“(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.

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“(10)“(10)

Tankerman Requirements.—

“(A)“(A)

Any 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 the vessel.

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“(B)“(B)

Any foreign vessel having on board oil or hazardous materials in bulk as cargo or in residue shall have a special number of personnel certificated as tankerman, or equivalent, as may be required by the Secretary, 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

English language comprehension requirement.

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.

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“(C)“(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.

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“(D)“(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 (46 U.S.C. 239).

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“(11)“(11)

Personnel and Manning Standards for Foreign Vessels.—

The 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)“(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;

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“(B)“(B)

the publication and distribution of, or otherwise making available to the public and appropriate enforcement personnel, copies of materials received as provided for in paragraph (A);

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“(C)“(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;

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“(D)“(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;

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“(E)“(E)

publication in the Federal Register of each determination made pursuant to clause (D), together with a brief explanation of the reasons therefor; and

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“(F)“(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.

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“(12)“(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.

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“(13)“(13)

Prohibited Acts.—

“(A)“(A)

It is unlawful for any person—

“(i)“(i)

to violate any provision of this section or any regulation issued under this section; or

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“(ii)“(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

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“(iii)“(iii)

to refuse to obey any lawful directive issued under this section.

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“(B)“(B)

It is unlawful for any vessel subject to the provision of this section—

“(i)“(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

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“(ii)“(ii)

to fail to comply with any lawful directive issued pursuant to this section.

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“(14)“(14)

Enforcement.—

“(A)“(A)

Civil penalty.—

“(i)“(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.

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“(ii)“(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.

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“(iii)“(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.

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“(B)“(B)

Criminal penalty.—

“(i)“(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.

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“(ii)“(ii)

Any person who, in the willful and knowing violation of this section or 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 subparagraph (i), be fined not more than $100,000, or imprisoned for not more than ten years, or both.

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“(C)“(C)

In 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.

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“(D)“(D)

Injunction.—

The United States district courts shall have jurisdiction to restrain violations of this section or of regulations issued hereunder, for cause shown.

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“(E)“(E)

Withholding clearance.—

The Secretary of the Treasury 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

Surety, filing.

this subsection. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.

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“(15)“(15)

Inspection.—

“(A)“(A)

National program.—

“(i)“(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.

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“(ii)“(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.

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“(iii)“(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.

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“(B)“(B)

Vessel documents.—

Any vessel subject to the provisions of this section shall have on board such documents as the Secre-tary deems necessary for inspection or enforcement under this section, including, but not limited to, documents indicating—

“(i)“(i)

the kind, grade, and approximate quantities of any cargo on board;

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“(ii)“(ii)

the shipper and consignee of the cargo;

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“(iii)“(iii)

the points of origin and destination of the vessel; and

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“(iv)“(iv)

the name of an agent in the United States authorized to accept legal process.

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“(16)“(16)

Marine Safety Information System.—

“(A)“(A)

In 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

Vessel data or information furnishing, regulation.

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)“(i)

the names of any person with an ownership interest in such vessel;

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“(ii)“(ii)

details of compliance with the financial responsibility requirements of applicable statutes or regulations;

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“(iii)“(iii)

registration information, including all changes in the name of the vessel;

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“(iv)“(iv)

the history of accidents or serious repair problems of the vessel; and

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“(v)“(v)

a record of all inspections or examinations of a vessel conducted under subsection (15).

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“(B)“(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).

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“(17)“(17)

Lightering.—

“(A)“(A)

In 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)“(i)

the transfer was conducted in accordance with regulations issued by the Secretary, and

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“(ii)“(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.

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“(B)“(B)

Regulations.—

The Secretary shall issue, and may from

Regulations.

time to time, amend or repeal regulations for the transferring of 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)“(i)

minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors;

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“(ii)“(ii)

prevention of spills;

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“(iii)“(iii)

equipment for responding to any spill;

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“(iv)“(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;

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“(v)“(v)

establishment of lightering zones; and

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“(vi)“(vi)

requirements for communication and prearrival messages.

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“(18)“(18)

Tank Washings.—

“(A)“(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, in preparation for loading that cargo in any port or place subject to the jurisdiction of the United States.

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“(B)“(B)

The Secretary shall establish effective control and supervisory measures to implement the provisions of this subsection.

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“(19)“(19)

Report.—

Within six months after the end of each calendar year, the Secretary shall submit to the Congress—

“(A)“(A)

a report on the administration of this section during the preceding calendar year;

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“(B)“(B)

a summary of inspection and enforcement activities during the preceding calendar year; and

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“(C)“(C)

recommendations to the Congress for any additional legislative authority necessary to improve navigation and vessel safety and protection of the marine environment.”.

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SEC. 6. SAVINGS CLAUSE.