Port and Tanker Safety Act
PL 95-474 (S.682), enacted 10/17/1978

PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1471 
Public Law 95-474 
95th Congress 
An Act 
To amend the Ports and Waterways Safety Act of 1972, and for other purposes. 
Be it enacted iy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may 
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: 
"SECTION 1. SHORT TITLE. 
"This Act may be cited as the 'Ports and Waterways Safety Act'. 
"SEC. 2. STATEMENT OF POLICY. 
"The Congress finds and declares— 
"(a) that navigation and vessel safety and protection of the 
marine environment are matters of major national importance; 
"(b) that increased vessel traffic in the Nation's ports and water-
ways creates substantial hazard to life, property, and the marine 
environment; 
"(c) that increased supervision of vessel and port operations 
is necessary in order to— 
" (1) reduce the possibility of vessel or cargo loss, or damage 
to life, property, or the marine environment; 
"(2) prevent damage to structures in, on, or immediately 
adjacent to the navigable waters of the United States or the 
resources within such waters; 
"(3) insure that vessels operating in the navigable waters 
of the United States shall comply with all applicable stand-
ards and requirements for vessel construction, equipment, 
manning, and operati«s>(ial procedures; and 
"(4) insure that the handling of dangerous articles and 
substances on the structures in, on, or immediately adjacent 
to the navigable waters of the United States is conducted in 
^ 
accordance with established standards and requirements; and 
"(d) that advance planning is critical in determining proper 
and adequate protective measures for the Nation's ports and water-
ways and the marine environment, with continuing consultation 
with other Federal agencies, State representatives, affected users, 
and the general public, in the development and implementation 
of such measures. 
"SEC. 3. DEFINITIONS.—^As used in this Act, unless the context other-
wise requires—• 
"(1) 'Marine environment' means the naviga^ble waters of the 
United States and the land and resources therein and thereunder; 
the waters and fishery resources of any area over which the United 
States asserts exclusive fishery management authority; the seabed 
and subsoil of the Outer Continental Shelf of the United States, 
the resources thereof and the waters superjacent thereto; and the 
recreational, economic, and scenic values of such waters and 
resources. 
Oct. 17, 1978 
[S. 682] 
Port and Tanker 
Safety Act of 
1978. 
33 use 1221 
note. 
33 use 1221 
note. 
Ports and 
Waterways Safety 
Act. 
33 use 1221 
note. 
33 use 1221. 
33 use 1222. 
92 STAT. 1472 
PUBLIC LAW 95-474—OCT, 17, 1978 
"(2) 'Secretary'means the Secretary of the department in which 
the Coast Guard is operating, 
"(3) 'State' includes each of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Canal Zone, Guam, American Samoa, the United States 
Virgin Islands, the Trust Territories of the Pacific Islands, the 
Commonwealth of the Northern Marianas, and any other com-
monwealth, territory, or possession of the United States. 
"(4) 'United States', when used in geographical context, means 
all the States thereof. 
33 use 1223. 
"SEC. 4. VESSEL OPERATING REQUIREMENTS. 
"(a) I N GENERAL.—Subject to the requirements of section 5, the 
Secretary may—• 
"(1) in any port or place under the jurisdiction of the United 
States, in the navigable waters of the United States, or in any 
area covered by an international agreement negotiated pursuant to 
section 11, establish, operate, and maintain vessel traffic services, 
consisting of measures for controlling or supervising vessel traffic 
or for protecting navigation and the marine environment and may 
i 
include, but need not be limited to one or more of the following: 
reporting and operating requirements, surveillance and communi-
cations systems, routing systems, and fairways; 
"(2) require vessels which operate in an area of a vessel traffic 
service to utilize or comply with that service; 
" (3) require vessels to install and use specified navigation equip-
' 
ment, communications equipment, electronic relative motion ana-
lyzer 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 ves-
sels 65 feet or less to possess or use the equipment or devices 
required by this subsection solely under the authority of this Act; 
" (4) control vessel traffic in areas subject to the jurisdiction of 
the United States which the Secretary determines to be hazardous, 
or under conditions of reduced visibility, adverse weather, vessel 
congestion, or other hazardous circumstances by— 
"(A) specifying times of entry, movement, or departure; 
"(B) establishing vessel traffic routing schemes; 
"(C) establishing vessel size, speed, draft limitations and 
vessel operating conditions; and 
"(D) restricting operation, in any hazardous area or under 
hazardous conditions, to vessels which have particular oper-
ating characteristics or capabilities which he considers neces-
sary for safe operation under the circumstances; and 
"(5) require the receipt of prearrival messages from any vessel, 
S&SI 8J y 
destined for a port or place subject to the jurisdiction of the 
United States, in sufficient time to permit advance vessel traffic 
planning prior to port entry, which shall include any information 
which is not already a matter of record and which the Secretary 
determines necessary for the control of the vessel and the safety of 
the port or the marine environment. 
"(b) SPECIAL POWERS.—^The Secretary may order any vessel, in a 
port or place subject to the jurisdiction of the United States or in the 
navigable waters of the United States, to operate or anchor in a manner 
he directs if— 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1473 
" (1) he has reasonable cause to believe such vessel does not com-
ply with any regulation issued under this Act or any other appli-
cable law or treaty; 
"(2) he determines that such vessel does not satisfy the condi-
tions for port entry set forth in section 9; or 
"(3) by reason of weather, visibility, sea conditions, port con-
gestion, other hazardous circumstances, or the condition of such 
vessel, he is satisfied that such directive is justified in the interest 
of safety. 
"(c) PORT ACCESS ROUTES.— (1) In order to provide safe access Designation 
routes for the movement of vessel traffic proceeding to or i rom ports or 
places subject to the jurisdiction of the United States, and subject to 
the requirements of paragraph (3) hereof, the Secretary shall desig-
nate necessary fairways and traffic separation schemes for vessels oper-
ating in the territorial sea of the United States and in high seas 
approaches, outside the territorial sea, to such ports or places. Such a 
designation shall recognize, within the designated area, the paramount 
right of navigation over all other uses. 
" (2) No designation may be made by the Secretary pursuant to this 
subsection, if such a designation, as implemented, would deprive any 
person of the effective exercise of a right granted by a lease or permit 
executed or issued under other applicable provisions of law: Provided, 
That such right has become vested prior to the time of publication of 
the notice required by clause (A) of paragraph (3) hereof: Provided 
further, That the determination as to whether the designation would 
so deprive any such person shall be made by the Secretary, after con-
sultation with the responsible official under whose authority the lease 
was executed or the permit issued. 
" (3) Prior to making a designation pursuant to paragraph (1) here-
of, and in accordance with the requirements of section 5, the Secretary 
shall— 
"(A) within six months after date of enactment of this Act 
(and may, from time to time thereafter), undertake a study of 
the potential traffic density and the need for safe access routes 
for vessels in any area for which fairways or traffic separation 
schemes are proposed or which may otherwise be considered and 
shall publish notice of such undertaking in the Federal Register; 
"(B) in consultation with the Secretary of State, the Secretary Consultation, 
of the Interior, the Secretary of Commerce, the Secretary of the 
Army, and the Governors of affected States, as their responsi-
bilities 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 con-
struction or operation of deepwater ports or other structures on 
or above the seabed or subsoil of the submerged lands or the Outer 
Continental Shelf of the United States, the establishment or 
operation of marine or estuarine sanctuaries, and activities 
involving recreational or commercial fishing); and 
"(C) to the extent practicable, reconcile the need for safe access 
routes with the needs of all other reasonable uses of the area 
involved. 
^ "(4) In carrying out his responsibilities under paragraph (3), the 
Secretary shall proceed expeditiously to complete any study under-
taken. Thereafter, he shall promptly issue a notice of proposed rule- Notice, 
making for the designation contemplated or shall have published in the Publication in 
Federal Register. 
Traffic density 
and safety needs 
study, publication 
in Federal 
Register. 
39-194 O—80—pt. 2 
13 : QL3 
92 STAT. 1474 
PUBLIC LAW 95-474^0CT. 17, 1978 
Adjustment. 
Federal Register a notice that no designation is contemplated as a 
result of the study and the reason for such determination, 
"(5) In connection with a designation made pursuant to this sub-
section, the Secretary— 
Rules and 
"(A) shall issue reasonable rules and regulations governing 
regulations. 
the use of such designated areas, including the applicability of 
rules 9 and 10 of the International Regulations for Preventing 
28 UST 3459. 
Collisions at Sea, 1972, relating to narrow channels and traffic 
separation schemes, respectively, in waters where such regu-
lations apply; 
"(B) to the extent that he finds reasonable and necessary to 
effectuate the purposes of the designation, make the use of desig-
nated fairways and traffic separation schemes mandatory for spe-
cific 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; 
"(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 rea-
sonably accommodated otherwise: Provided^ That such an adjust-
ment will not, in the judgment of the Secretary, unacceptably 
"' adversely affect the purpose for which the existing designation 
was made and the need for which continues; and 
Notice and 
"(D) shall, through appropriate channels, (i) notify cognizant 
cooperation. 
international organizations of any designation, or adjustment 
thereof, and (ii) take action to seek the cooperation of foreign 
States in making it mandatory for vessels under their control to 
use any fairway or traffic separa*^ion scheme designated pursuant 
to this subsection in any area of the high seas, to the same extent 
as required by the Secretary for vessels of the United States. 
"(d) EXCEPTION.—Except pursuant to international treaty, conven-
tion, or agreement, to which the United States is a party, this Act shall 
not apply to any foreign vessel that is not destined for, or departing 
from, a port or place subject to the jurisdiction of the United States 
and that is in— 
"(1) innocent passage through the territorial sea of the United 
• 
' ' 
States, or 
"(2) transit through the navigable waters of the United States 
which form a part of an international strait. 
33 use 1224. 
"SEC. 5. CONSIDERATIONS BY SECRETARY. 
"In carrying out his duties and responsibilities under section 4, the 
Secretary shall— 
"(a) take into account all relevant factors concerning naviga-
tion and vessel safety and protection of the marine environment, 
including but not limited to— 
"(1) the scope and degree of the risk or hazard involved; 
"(2) vessel traffic characteristics and trends, including 
traffic volume, the sizes and types of vessels involved, poten-
! 
tial interference with the flow of commercial traffic, the pres-
ence of any unusual cargoes, and other similar factors; 
"(3) port and waterway configurations and variations in 
local conditions of geography, climate, and other similar 
factors; 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1475 
"(4) the need for granting exemptions for the installation 
and use of equipment or devices for use with vessel traffic 
services for certain classes of small vessels, such as self-
propelled fishing vessels and recreational vessels; 
"(5) the proximity of fishing grounds, oil and gas drilling 
and production operations, or any other potential or actual 
conflicting activity; 
"(6) environmental factors; 
" (7) economic impact and effects; 
" (8) existing vessel traffic services; and 
"(9) local practices and customs, including voluntary 
arrangements and agreements within the maritime commu-
nity ; and 
"(b) at the earliest possible time, consult with and receive and 
consider the views of representatives of the maritime community, 
ports and harbor authorities or associations, environmental 
groups, and other parties who may be affected by the proposed 
actions. 
"SEC. 6. WATERFRONT SAFETY. 
33 USC 1225. 
"(a) I N GENERAL.—The Secretary may take such action as is neces-
sary to— 
"(1) prevent damage to, or the destruction of, any bridge or 
other structure on or in the navigable waters of the United States, 
or any land structure or shore area immediately adjacent to such 
waters; and 
"(2) protect the navigable waters and the resources therein 
from harm resulting from vessel or structure damage, destruc-
tion, or loss. Such action may include, but need not be limited to— 
"(A) establishing procedures, measures, and standards for 
the handling, loading, unloading, storage, stowage, and move-
ment on the structure (including the emergency removal, con-
trol, 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 Stat-
utes, as amended; 
Po5^ p. 1480. 
"(B) prescribing minimum safety equipment requirements 
for the structure to assure adequate protection from fire, 
explosion, natural disaster, and other serious accidents or 
casualties; 
"(C) establishing water or waterfront safety zones, or 
other measures for limited, controlled, or conditional access 
and activity when necessary for the protection of any vessel, 
structure, waters, or shore area; and 
"(D) establishing procedures for examination to assure 
compliance with the requirements prescribed under this 
section. 
"(b) STATE LAW.—Nothing contained in this section, with respect 
to structures, prohibits a State or political subdivision thereof from 
prescribing higher safety equipment requirements or safety standards 
than those which may be prescribed by regulations hereunder, 
"SEC. 7. PILOTAGE. 
33 U
S
C 1226. 
"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 
92 STAT. 1476 
PUBLIC LAW 95-474—OCT. 17, 1978 
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. 
33 use 1227. 
"SEC. 8. INVESTIGATORY POWERS. 
"(a) SECRETARY.—The Secretary may investigate any incident, 
accident, or act involving the loss or destruction of, or damage to, any 
structure subject to this Act, or which affects or may affect the safety 
or environmental quality of the ports, harbors, or navigable waters of 
the United States. 
Subpenas. 
"(b) POWERS.—In an investigation under this section, the Secre-
tary 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 for travel and attend-
ance at rates not exceeding those allowed in a district court of the 
United States. 
33 use 1228. 
"SEC. 9. CONDITIONS FOR ENTRY TO PORTS OF THE UNITED STATES. 
"(a) I N 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) 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 
"(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 
' 
"(3) discharges oil or hazardous material in violation of a^y 
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 
"(4) does not comply with any applicable vessel traffic service 
requirements; or 
"(5) is manned by one or more officers who are licensed by a 
certificating state which the Secretary has determined, pursuant 
to section 4417a (11) of the Revised Statutes, as amended, does 
not have standards for licensing and certification of seafarers 
which are comparable to or more stringent than United States 
standards or international standards which are accepted by the 
United States; or 
" (6) is not manned in compliance with manning levels as deter-
mined by the Secretary to be necessary to insure the safe navi-
gation of the vessel; or 
"(7) while underway, does not have at least one licensed deck 
officer on the navigation bridge who is capable of clearly under-
standing English. 
"(b) EXCEPTIONS.—The Secretary may allow provisional entry of a 
vessel not in compliance with subsection (a), if the owner or operator 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1477 
of such vessel proves, to the satisfaction of the Secretary, 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 addi-
tion, 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. 
"SEC. 10. APPLICABILITY. 
Authority 
"This Act shall not apply to the Panama Canal. The authority 
^^^^.fjp'^"^-^ 
granted to the Secretary under sections 4, 5, 6, and 7 of this Act shall 
^^ ^^^ ^^^^• 
not be delegated with respect to the Saint Lawrence Seaway to any 
agency other than the Saint Lawrence Seaway Development Corpora-
tion. 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. 
"SEC. 11. INTERNATIONAL AGREEMENTS. 
33 USC 
1230. 
"(a) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit, 
via the Secretary of State, to appropriate international bodies or 
forums, any regulations issued under this Act, for consideration as 
international standards. 
"(b) AGREEMENTS.—The President is authorized and encouraged 
to— 
"(1) enter into negotiations and conclude and execute agree-
ments 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 
"(2) enter into negotiations, through appropriate international 
bodies, and conclude and execute agreements to establish vessel 
traffic services in appropriate areas of the high seas. 
"(c) OPERATIONS.—The Secretary, pursuant to any agreement nego-
tiated under subsection (b) which is binding upon the United States in 
accordance with constitutional requirements, may— 
"(1) require vessels in the vessel traffic service area to utilize or 
to comply with the vessel traffic service, including the carrying or 
installation of equipment and devices as necessary for the use of 
the service; and 
"(2) waive, by order or regulation, the application of any 
United States law or regulation concerning the design, construc-
tion, 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. 
"SEC. 
12. REGULATIONS. 
33 USC 
1231. 
"(a) I N 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 neces-
sary to implement this Act. 
92 STAT. 1478 
PUBLIC LAW 95-474—OCT. 17, 1978 
Consultation and 
" (b) PROCEDURES.—The Secretary, in the exercise of this regulatory 
comments. 
authority, shall establish procedures for consulting with, and receiv-
ing and considering the views of all interested parties, including— 
" (1) interested Federal departments and agencies, 
" f 
2) officials of State and local governments, 
"(3) representatives of the maritime commrmity, 
; 
"(4) representatives of port and harbor authorities or 
associations, 
" (5) representatives of environmental groups, 
"(6) any other interested parties who are knowledgeable or 
''« 
' 
experienced in dealing with problems involving vessel safety, port 
and waterways safety, and protection of the marine environment, 
and 
"(7) advisory committees consisting of all interested segments 
1 of the public when the establishment of such committees is con-
sidered necessary because the issues involved are highly complex 
or controversial. 
33 use 1232. 
"SEC. 13. ENFORCEMENT. 
"(a) CIVIL PENALTY.— (1) Any person who is found by the Secre-
tary, after notice and an opportunity for a hearing, to have violated 
this Act or a regulation issued hereunder shall be liable to the United 
States for a civil penalty, not to exceed $25,000 for each violation. 
Each day of a continuing violation shall constitute a separate viola-
tion. 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 com-
mitted and, with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and such other matters as 
justice may require. 
"(2) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to imposition 
or which has been imposed under this section. 
"(3) If any person fails to pay an assessment of a civil penalty 
after it has become final, the Secretary may refer the matter to the 
Attorney General of the United States, for collection in any appro-
priate district court of the United States. 
"(b) 
CRIMINAL PENALTY.—(1) Any person who willfully and 
knowingly violates this Act or any regulation issued hereunder shall 
be fined not more than $50,000 for each violation or imprisoned for 
not more than five years, or both. 
"(2) Any person who, in the willfull and knowing violation of this 
Act or of any regulation issued hereunder, uses a dangerous weapon, 
or engages in conduct that causes bodily injury or fear of imminent 
bodily injury to any officer authorized to enforce the provisions of this 
Act or the regulations issued hereunder, shall, in lieu of the penalties 
prescribed in paragraph (1), be fined not more than $100,000, or 
imprisoned for not more than ten years, or both. 
"(c) I N REM LIABILITY.—Any vessel subject to the provisions of 
this Act, which is used in violation of this Act, or any regulations 
Si' 
i 
issued hereunder, shall be liable in rem for any civil penalty assessed 
pursuant to subsection (a) and may be proceeded against in the United 
States district court for any district in which such vessel may be found. 
"(d) INJUNCTION.—The United States district courts shall have 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1479 
jurisdiction to restrain violations of this Act or of regulations issued 
hereunder, for cause shown. 
" (e) DENIAL or ENTRY.—Except as provided in section 9, the Secre-
tary 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. 
"(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 satis-
factory to the Secretary.". 
SEC. 3. STUDY OF MONITORING SYSTEMS. 
(a) CONTENT.—The Secretary, in consultation with the Secretary 
of Commerce and other appropriate departments or agencies of the 
Federal Government, shall study the desirability and feasibility of 
possible shore-station systems for monitoring vessels, including fishing 
vessels, within the Fishery Conservation Zone as defined in section 
3(8) of the Fishery Conservation and Management Act of 1976. Each 
system examined shall be capable of reporting vessel position, identi-
fication, course, and speed using either a land, sea, or space monitoring 
technique. 
(b) REPORT.—Within two years after the date of the enactment 
of this Act, the Secretary shall report his finding to the Congress. 
This report shall describe the capabilities, limitations, and cost effec-
tiveness of each monitoring system examined from the standpoint of 
both the Federal Government and any vessel owners who would be 
affected by the imposition of each approach. The report shall also 
include the Secretary's recommendations for a single, comprehensive, 
cost effective shore-station system for monitoring vessels within the 
Fishery Conservation Zone. 
(c) APPROPRIATIONS.—There are authorized to be appropriated to 
the Secretary for the purposes of this section, not to exceed $500,000 for 
the fiscal year ending September 30, 1979, and not to exceed $500,000 
for the fiscal year ending September 30, 1980. 
SEC. 4. IMPROVED PILOTAGE STANDARDS. 
Section 4442 of the Revised Statutes of the United States (46 U.S.C. 
214) is amended to read as follows: 
"SEC. 4442. (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. 
" (b) No person may be issued a Federal license to pilot any steam 
vessel unless he— 
"(1) is at least twenty-one years of age; 
"(2) is of sound health and has no physical limitations which 
would hinder or prevent the performance of a pilot's duties; 
"(3) agrees to have a thorough physical examination each year 
while holding such license; 
"(4) demonstrates, to the satisfaction of the Secretary, that he 
possesses the requisite general knowledge and skill to hold such 
license; 
33 use 1224 
note. 
Consultation. 
16 use 1802. 
Transmittal to 
Congress. 
Recommenda-
tions. 
Federal steam 
vessel pilot's 
license, 
eligibility. 
92 STAT. 1480 
PUBLIC LAW 95-474—OCT. 17, 1978 
"(5) demonstrates proficiency in the use of electronic aids to 
navigation; 
"(6) maintains adequate knowledge of the waters to be navi-
gated and knowledge of regulations for the prevention of colli-
sions in such waters; 
"(7) has sufficient experience, as determined by the Secretary, 
to evidence his ability to handle any vessel of the type and size 
which he may be authorized to pilot; and 
" (8) meets any other requirement which the Secretary considers 
reasonable and necessary. 
"(c) No Federal license to pilot a steam vessel shall be valid for a 
term longer than five years. Upon expiration of any such license, the 
., 
holder may reapply for an additional term and may be reissued a 
license if he meets the requirements specified under subsection (b) of 
this section.". 
SEC. 5. VESSELS CARRYING CERTAIN CARGOES IN BULK. 
; 
Section 4417a of the Revised Statutes of the United States, as 
amended (46 U.S.C. 391a), is further amended to read as follows: 
SEC. 4417a. (1) STATEMENT OF POLICY.—The Congress hereby finds 
and declares— 
"(A) that the carriage by vessels of certain cargoes in bulk or 
' . 
in residue creates substantial hazards to life, property, the navi-
gable 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; 
r •. 
"(B) that existing standards for the design, construction, 
alteration, repair, maintenance, operation, equipping, personnel 
qualification, and manning of all such vessels which use any port 
or place subject to the jurisdiction of the United States or which 
operate in the navigable waters of the United States must be more 
stringent and comprehensive for the mitigation of the hazards to 
life, property, and the marine environment ; 
"(C) that existing international standards for inspection and 
enforcement are incomplete, that those international standards 
that are in existence are often left unenforced by some flag states, 
and that there is a need to prevent substandard vessels from using 
any port or place subject to the jurisdiction of the United States 
or from operating in the navigable waters of the United States, 
for the mitigation of the hazards to life, property, or the marine 
environment; 
"(D) that standards developed through regulations shall 
,: ,.. 
incorporate the best available technology and shall be required 
unless clearly shown to create an undue economic impact which is 
not outweighed by the benefits to navigation and vessel safety or 
protection of the marine environment; 
"(E) that standards developed through regulations shall not 
impede or interfere with the right of innocent passage or any 
legitimate use of the high seas in accordance with recognized 
principles of international law; and 
"(F) that the United States should continue to actively sup-
port and encourage efforts to obtain international agreements 
concerning navigation and vessel safety and protection of the 
marine environment. 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1481 
" (2) DEFINITIONS.—As used in this section, unless the context other-
wise requires— 
"(A) 'Discharge'includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping, how-
ever caused. 
"(B) 'Foreign vessel' means any vessel of foreign registry or 
operated under the authority of any nation other than the United 
States. 
"(C) 'Hazardous material' means any liquid material or sub-
stance which is— 
" (i) flammable or combustible; or 
"(ii) designated a hazardous substance under section 
311(b) of the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1321); or 
"(iii) designated a hazardous material under section 104 
of the Hazardous Material Transportation Act (49 U.S.C. 
1803). 
"(D) 'Marine environment' means the navigable waters of the 
United States and the land and resources therein and thereunder; 
the waters and fishery resources of any area over which the United 
States asserts exclusive fishery management authority; the seabed 
and subsoil of the Outer Continental Shelf of the United States, 
the resources thereof and the waters superjacent thereto; and the 
recreational, economic, and scenic values of such waters and 
resources. 
"(E) 'Oil' includes oil of any kind or in any form, including, 
but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil 
mixed with wastes other than dredged spoil. 
"(F) 'Person' means any individual (whether or not a citizen 
or national of the United States), or any corporation, partnership, 
association, or other entity (whether or not organized or existing 
under the laws of any State), and any Federal, State, local, or 
foreign government or any entity of any such government. 
"(G) 'Public vessel' means a vessel which— 
"(i) is owned, or chartered by demise, and operated by the 
United States or any foreign government; and 
" (ii) is not engaged in commercial service. 
"(H) 'Commercial service' means all types of trade or business 
involving the transportation of goods or persons, excluding the 
service performed by combatant vessels. 
"(I) 'Secretary' means the Secretary of the department in 
which the Coast Guard is operating. 
"(J) 'State' includes each of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Canal Zone, Guam, American Samoa, the United States 
Virgins Islands, the Trust Territories of the Pacific Islands, the 
Commonwealth of the Northern Marianas, and any other com-
monwealth, territory, or possession of the United States. 
"(K) 'United States', when used in a geographical context, 
means all the States thereof. 
" (L) 'Vessel of the United States' means any vessel documented 
or numbered under the laws of the United States. 
"(M) 'Tanker' means a vessel constructed or adapted primarily 
to carry oil or hazardous materials in bulk in the cargo spaces. 
92 STAT. 14«2 
PUBLIC LAW 95-474—OCT. 17, 1978 
" (N) 'Crude oil tanker' means a tanker engaged in the trade of 
carrying crude oil. 
"(O) 'Product carrier' means a tanker engaged in the trade of 
carrying oil, other than crude oil. 
" ( P ) 'Major conversion' means a conversion of an existing ves-
!' 
sel which substantially alters the dimensions or carrying capacity 
of the vessel; or changes the type of vessel; or substantially pro-
longs its life; or which otherwise so alters the vessel that it is 
d essentially a new vessel, as determined by the Secretary. 
"(Q) 'New' means, with respect to various types of vessels sub-
ject to subsection (7), a vessel— 
" (i) for which the building contract is placed after June 1, 
1979; or 
" (ii) in the absence of a building contract, the keel of which 
is laid, or which is at a similar stage of construction after 
January 1,1980; or 
"(iii) the delivery of which is after June 1,1982; or 
"(iv) which has undergone a major conversion, which is 
• 
i 
contracted for after June 1, 1979, or construction work of 
which is begun after January 1, 1980, or completed after 
June 1, 1982. 
"(R) 'Existing' means, with respect to various types of vessels 
subject to subsection (7), a vessel which is not a new vessel. 
"(S) 'Crude oil' means any liquid hydrocarbon mixture occur-
ring naturally in the earth, whether or not treated to render it 
suitable for transportaion, and includes crude oil from which cer-
tain distillate fractions may have been removed, and crude oil to 
which certain distillate fractions may have been added, 
"(3) APPLICABILITY.—Except as provided in subsections (4) and 
(5), this section shall apply to any vessel— 
"(A) regardless of tonnage, size, or manner of propulsion; 
"(B) whether self-propelled or not; 
"(C) whetlier carrying freight or passengers for hire or not; 
"(D) which is a vessel of the United States, or which operates 
on or enters the navigable waters of the United States, or which 
transfers oil or hazardous materials in any port or place subject 
to the jurisdiction of the United States; and 
" ( E ) which carries oil or any hazardous materials in bulk as 
cargo or in residue. 
1 
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 b© 
subject to the provisions thereof. 
" (4) EXCEPTIONS.—^This section shall not apply to— 
" (A) any public vessel; or 
"(B) any vessel of not more 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 mem-
ber in charge of the transfer of fuel holds a valid license as a 
master, mate, pilot, engineer or operator, it shall not be neces-
sary for the crew member also to be certificated as a tankerman 
or have a tankerman endorsement on his license; or 
"(C) cannery tenders, fishing tenders, and fishing vessels of 
not more than 500 gross tons, used in the salmon or crab fisheries 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 14^3 
of the State of Oregon, Washington, and Alaska, when engaged 
exclusively in the fishing industry; or 
"(D) any foreign vessel, not destined for, or departing from, 
a port or place subject to the jurisdiction of the United States, 
that is in innocent passage through the territorial sea of the 
United States or in transit through the navigable waters of the 
United States which form a part of an international strait. 
"(5) 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 oe required, by regula-
tions issued by the Secretary. 
" (6) KEGULATORY AUTHORITY.— 
" (A) In accordance with the provisions of section 553 of title 5, Regulations. 
United States Code, the Secretary shall issue, and may from 
time to time amend or repeal, regulations for the design, con-
struction, 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 regida-
tions issued by the Secretary imder this subsection shall be in 
addition to any other regulations, issued under other provisions 
of law, that may apply to such vessels. The regulations issued 
by the Secretary under this subsection shall include, but need 
not be limited to, requirements relating to— 
"(i) superstructures, hulls, cargo holds or tanks, fittings, 
equipment, appliances, propulsion machinery, auxiliary 
machinery, and boilers; 
" (ii) the handling or stowage of cargo, the manner of such 
handling or stowage of cargo, and the machinery and appli-
ances used in such handling or stowage; 
"(iii) equipment and appliances for lifesaving, fire pro-
tection, and prevention and mitigation of damage to the 
marine environment; 
"(iv) the manning of such vessels and the duties, qualifi-
cations, and training of the officers and crew thereof, in 
accordance with subsections (9), (10), and (11); 
"(v) improvements in vessel maneuvering and stopping 
ability and other features which reduce the possibility of col-
lision, grounding, or other accidents; 
"(vi) the reduction of cargo loss in the event of a collision, 
grounding, or other accident; and 
"(vii) the reduction or elimination of discharges during 
ballasting, deballasting, tank cleaning, cargo handling, or 
other such activity. 
"(B) In issuing regulations under paragraph (A), the Secre-
tary shall give due consideration to the kinds and grades of cargo 
permitted to be on board such vessel. 
92 STAT. 1484 
PUBLIC LAW 95-474—OCT. 17, 1978 
Consultation and 
comments. 
Self-propelled 
vessels. 
"(C) The Secretary, in the exercise of this regulatory author-
ity, shall establish procedures for consulting with, and receiving 
and considering the views of— 
" ^i) interested Federal departments and agencies, 
" (ii) officials of State and local governments, 
" (iii) representatives of the maritime community, 
"(iv) representatives of port and harbor authorities or 
associations, 
"(v) representatives of environmental groups, and 
"(vi) any other interested parties who are knowledgeable 
or experienced in dealing with problems involving vessel 
safety, port and waterways safety, and protection of the 
marine environment. 
" (7) MINIMUM STANDARDS.—In issuing regulations pursuant to sub-
section (6), the Secretary shall require that any self-propelled vessel 
shall, as a minimum— 
"(A) if a new crude oil tanker of 20,000 deadweight tons or 
above, be equipped with— 
"(i) segregated ballast tanks which are protectively 
located; 
"(ii) a crude oil washing system; and 
"(iii) a cargo tank protection system, consisting of a 
fixed deck froth system and a fixed inert gas system; 
"(B) if a new product carrier of 30,000 deadweight tons or 
above, be equipped with segregated ballast tanks which are pro-
tectively located; 
"(C) if a new product carrier of 20,000 deadweight tons or 
above, be equipped with a cargo tank protection system consisting 
of a fixed deck froth system and a fixed inert gas system or, if such 
a product carrier carries dedicated products which are incom-
patible with such a cargo tank protection system, an alternate 
protection system as authorized by the Secretary; 
"(D) if an existing crude oil tanker of 40,000 deadweight tons 
or above, not later than June 1,1981, be equipped with— 
"(i) segregated ballast tanks; or 
" (ii) a crude oil washing system: 
Promded, That compliance may he delayed for vessels operating 
with dedicated clean ballast tanks if of 70,000 deadweight tons 
or above until June 1, 1983, or until June 1, 1985, for all other 
such vessels; 
"(E) if an existing crude oil tanker of 20,000 deadweight tons 
or above but less than 40,000 deadweight tons, fifteen years or 
older, not later than January 1, 1986, or the date on which it 
reaches fifteen years of age, whichever is later, be equipped with 
segregated ballast tanks or a crude oil washing system; 
"(F) if an existing crude oil tanker of 20,000 deadweight tons 
or above, not later than June 1, 1983, be equipped with an inert 
gas system: Provided^ That for a crude oil tanker of less than 
40,000 deadweight tons not fitted with high capacity tank wash-
ing 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: Pro-
vided further^ That an existing crude oil tanker of 70,000 dead-
weight tons or above must be in compliance herewith not later 
than June 1,1981; 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1485 
"(G) if an existing product carrier of 40,000 deadweight tons 
or above, not later than June 1,1981, be equipped with segregated 
ballast tanks or, in lieu thereof, may operate with dedicated clean 
ballast tasks; 
"(H) if an existing product carrier of 20,000 deadweight tons 
or above but less than 40,000 deadweight tons, fifteen years or 
older, not later than January 1, 1986, or the date on which it 
reaches fifteen years of age, whichever is later, be equipped with 
segregated ballast tanks or may operate with dedicated clean 
ballast tanks; 
" (I) if an existing product carrier of 40,000 deadweight tons or 
above, or an existing product carrier of 20,000 deadweight tons or 
abov-e but less than 40,000 deadweight tons, which is fitted with 
liigh-capacity tank washing machines, not later than June 1, 
1983, be equipped with an inert gas system: Provided, That an 
existing product carrier of 70,000 deadweight tons or above must 
be in compliance herewith not later than June 1, 1981, 
"(J) if of 10,000 gross tons or above, not later than June 1, 
1979, be equipped with— 
"(i) a dual radar system, with short-range and with long-
range capabilities and each with true-north features; 
"(ii) an electronic relative motion analyzer, which is at 
least functionally equivalent to such equipment complying 
with specifications established by the United States Maritime 
Administration; 
" (iii) an electronic position fixing device; 
"(iv) adequate communications equipment; 
" (v) a sonic depth finder; 
" (vi) a gyrocompass; and 
"(vii) up-to-date charts: 
Provided^ That the effective date of compliance with the require-
ment of clause (ii) shall be July 1, 1982 or such earlier date as 
agreed to internationally and accepted by the United States; 
" (K) if a new tanker of 10,000 gross tons or above, be equipped 
with^ 
"(i) two remote steering gear control systems operable 
separately from the navigating bridge; 
"(ii) main steering gear control in the steering gear 
compartment; 
"(iii) means of communications and rudder angle indica-
tors on the navigating bridge, remote steering gear control 
station, and the steering gear compartment; 
"(iv) two or more identical and adequate power units for 
the main steering gear; 
" (v) an alternative and adequate power supply, either from 
an emergency source of electrical power or from another 
independent source of power located in the steering gear 
compartment; and 
"(vi) means of automatic starting and stopping of power 
units with attendant alarms at all steering stations; 
"(L) if an existing tanker of 10,000 gross tons or above, not 
later than June 1,1981, be equipped with— 
"(i) two remote steering gear control systems operable 
separately from the navigating bridge; 
92 STAT. 1486 
PUBLIC LAW 95-474—OCT. 17, 1978 
Inspection 
certificate. 
Noncompliance, 
notification. 
Compliance 
certificate. 
Examination. 
Noncompliance, 
notification. 
"(ii) main steering gear control in the steering gear com-
partment; and 
"(iii) means of communications and rudder angle indica-
tors on the navigating bridge, remote steering gear control 
station, and the steering gear compartment; and 
"(M) if a crude oil tanker, which is engaged in the transfer 
of oil from an offshore oil exploitation or production facility on 
the Outer Continental Shelf of the United States, not later than 
June 1, 1980, be equipped with segregated ballast tanks, or may 
operate with dedicated clean ballast tanks or special ballast 
arrangements: Provided, That vessels subject to this paragraph 
shall comply fully with the other minimum standards of this sec-
tion, where applicable; and 
"(N) in accordance with relevant international agreements to 
which the United States is a party, exempt vessels from the mini-
mum requirements established in this subsection for segregated 
ballast, dedicated clean ballast, or crude oil washing if he deter-
mines that shore-based reception facilities are a preferred method 
of handling dirty ballast, and that adequate facilities are readily 
available. 
After the effective date of this Act, the installation of segregated 
ballast tanks, a crude oil washing system, or an inert gas system, 
required by regulations issued hereunder, on a vessel which is entitled 
to engage m coastwise trade in accordance with section 27 of the Mer-
chant Marine Act of 1920 (46 U.S.C. 883) shall be effected within the 
United States, its territories (not including trust territories), or its 
possessions, and vessels which fail to comply with this requirement 
shall thereafter not have the right to engage in the coastwise trade. 
"(8) EVIDENCE OF COMPLIANCE.— 
" (A) No vessel of the United States to which this section applies 
shall have on board oil or hazardous materials in bulk as cargo 
or in residue until it has a Certificate of Inspection, issued under 
the provisions of title 52 of the Revised Statutes of the United 
States, and such certificate has been endorsed to indicate that the 
vessel is in compliance with the regulations issued under this sec-
tion. If any such vessel is found not to be in compliance, the Secre-
tary shall notify the owner or agent of the vessel and indicate 
how the vessel may be brought into compliance. 
"(B) No foreign vessel to which this section applies shall oper-
ate on or enter the navigable waters of the United States, or 
transfer oil or hazardous materials in any port or place under the 
jurisdiction of the United States, unless such vessel has been issued 
a Certificate of Compliance by the Secretary. The Secretary shall 
not issue such certificate until the vessel has been examined by 
the Secretary and found to be in compliance with the provisions 
of this section and the regulations issued hereunder. If such 
vessel is found not to be in compliance, the Secretary shall notify 
the owner or agent of the vessel and indicate how the vessel may 
be brought into compliance. The Secretary may allow provisional 
entry for the purposes of conducting examinations. 
"(C) The Secretary may accept, in whole or in part, a certifi-
cate, endorsement, or document issued by any foreign nation 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 14fi7 
pursuant to any treaty, convention, or other international agree-
ment to which the United States is a party, as a basis for issuance 
of a Certificate of Compliance. 
" ( D ) No vessel may carry any kind or grade of oil or hazardous 
materials in bulk as cargo or in residue unless its certificate is 
endorsed to allow such carriage. No such certificate may allow 
any vessel to carry any material prohibited by section 4472(3) 
of the Revised Statutes, as amended (46 U.S.C. 170). 
" ( E ) A certificate issued under this section shall be valid for 
a period not to exceed twenty-four months and may be renewed 
as specified by the Secretary. The Secretary may issue a tem-
porary 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. 
"(9) 
PERSONNEL AND MANNING STANDARDS FOR VESSELS OF THE 
UNITED STATES.—The Secretary shall prescribe standards for the man-
ning of any vessel of the United States subject to the provisions of this 
section and the duties, qualifications, and training of the officers and 
crew thereof, including, but not limited to, standards relating to— 
" ( A ) instruction in vessel and cargo handling and vessel navi-
gation under normal operating conditions in coastal and confined 
waters and on the high seas; 
"(B) instruction in vessel and cargo handling and vessel navi-
gation in emergency situations and under accidental or potential 
accident conditions; 
"(C) license qualifications by specific type and size of vessels; 
"(D) qualification for licenses by use of simulators for the 
practice or demonstration of marine-oriented skills; 
" ( E ) minimum health and physical fitness criteria for various 
grades of licenses and certificates: Provided^ That the Secretary 
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; 
" ( F ) periodic retraining, and special training for upgrading 
positions, changing vessel type or size, or assuming 
new 
responsibilities; and 
"(G) determination of licenses and certificates, conditions of 
licensing or certification and period of licensing or certification 
by reference to experience, amount of training completed, and 
regular performance testing. 
"(10) 
TANKERMAN REQUIREMENTS.— 
"(A) 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. 
"(B) Any foreign vessel having on board oil or hazardous 
materials in bulk as cargo or in residue shall have a special 
Waiver, 
conditions or 
limitations. 
Certification. 
92 STAT. 1488 
PUBLIC LAW 95-474—OCT. 17, 1978 
number of personnel certificated as tankerman, or equivalent, as 
may be required by the Sex;retary, when the vessel transfers 
oil or hazardous materials in any port or place subject to the 
jurisdiction of the United States; and such requirement shall 
English language 
be noted in applicable terminal operating procedures. No 
comprehension 
transfer operations may take place unless the crew member in 
requirement. 
charge is capable of clearly understanding instructions in English. 
"(C) The Secretary shall prescribe procedures, standards, 
and qualifications for the issuance of certificates or endorsements 
as tankerman, stating the kinds of oil or hazardous materials 
that can be handled with safety to the vessel and the marine 
environment. 
" (D) Certificates or endorsements as tankerman shall be subject 
to suspension and revocation on the same grounds and in the 
same manner as provided for under the provisions of section 
4450 of the Revised Statutes of the United States, as amended 
(46U.S.C.239). 
Verification, 
" ( 1 1 ) PERSONNEL AND M A N N I N G STANDARDS FOR FoREIGN VESSELS. 
regulations and 
^pj^g Secretary shall issue regulations and procedures for the 
procedures. 
verification of manning, training, qualification, and watchkeeping 
standards promulgated by the certificating state of any foreign vessel 
which operates on or enters the navigable waters of the United States, 
and transfers oil or hazardous materials in any port or place under 
the jurisdiction of the United States. Such regulations and procedures 
shall include, but need not be limited to, provisions relating to— 
"(A) the receipt through the Inter-Governmental Maritime 
Consultative Organization or from the certificating state of the 
' English text of laws, decrees, orders, regulations, specimen 
licenses and certificates, and other pertinent documents pertaining 
to manning, training, qualification, 
and watchkeeping of 
seafarers; 
Public 
"(B) the publication and distribution of, or otherwise mak-
availabihty. 
jj^g available to the public and appropriate enforcement per-
sonnel, copies of materials received as provided for in paragraph 
• 
( A ) ; 
"(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, exami-
nation requirements and prerequisites for licensing and certifi-
cation, and related controls; 
"(D) determination, after the evaluation required by clause 
(C), of whether the foreign state, whose system for licensing 
and certification of seafarers was evaluated, has standards which 
are comparable to or more stringent than United States stand-
ards or international standards which are accepted by the United 
States; 
Publication in 
"(E) publication in the Federal Register of each determina-
Federal Register. 
tjon made pursuant to clause (D), together with a brief 
explanation of the reasons therefor; and 
,, 
"(F) manning levels, based on vessel size and type of opera-
tion, when operating in the navigable waters of the United States, 
or in the safety zone in connection with utilization of deepwater 
ports. 
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1489 
"(12) MODIFICATIONS.—The Secretary may modify any regulation 
or standard prescribed under this section to conform to the provisions 
of an international treaty, convention, agreement, or an amendment 
thereto, which is ratified by the United States. 
"(13) 
PROHIBITED ACTS.— 
"(A) It is unlawful for any person— 
"(i) to violate any provision of this section or any regula-
tion issued under this section; or 
"(ii) to refuse to permit any officer, authorized by the 
Secretary to enforce the provisions of this section, to board 
any vessel or to enter any shore area, place, or premises, 
under such person's control for purposes of inspection under 
this section; or 
"(iii) to refuse to obey any lawful directive issued under 
this section. 
"(B) It is unlawful for any vessel subject to the provision of 
this section— 
"(i) to operate in or on the navigable waters of the United 
States, or to use any port or place subject to the jurisdiction 
of the United States, while not in compliance with any provi-
sion of this section or any regulation issued hereunder; or 
"(ii) to fail to comply with any lawful directive issued 
pursuant to this section. 
"(14) 
ENFORCEMENT.— 
"(A) 
CIVIL PENALTY.— 
"(i) Any person who is found by the Secretary, after 
notice and an opportunity for a hearing, to have violated 
this section or a regulation issued hereunder shall be liable 
to the United States for a civil penalty, not to exceed $25,000 
for each violation. Each day of a continuing violation shall 
constitute a separate violation. The amount of such civil 
penalty shall be assessed by the Secretary, or his designee, 
by written notice. In determining the amount of such penalty, 
- 
the Secretary shall take into account the nature, circum-
stances, extent, and gravity of the prohibited acts committed 
and, with respect to the violator, the degree of culpability, 
any history of prior offenses, ability to pay, and such other 
matters as justice may require. 
"(ii) The Secretary may compromise, modify, or remit, 
with or without conditions, any civil penalty which is subject 
-
to imposition or which has been imposed under this section, 
"(iii) If any person fails to pay an assessment of a civil 
penalty after it has become final, the Secretary may refer the 
matter to the Attorney General of the United States, for 
collection in any appropriate district court of the United 
States. 
"(B) 
CRIMINAL PENALTY.— 
"(i) Any person who willfully and knowingly violates 
this section or any regulation issued hereunder shall be fined 
not more than $50,000 for each violation or imprisoned for 
not more than five years, or both. 
"(ii) Any person who, in the willful and knowing viola-
tion of this section or any regulation issued hereunder, uses 
39-194 O—80—pt. 2 
14 : QL3 
92 STAT. 1490 
PUBLIC LAW 95-474—OCT. 17, 1978 
Surety, filing. 
Establishment. 
Contract. 
Fees, regulations. 
a dangerous weapon, or engages in conduct that causes bodily 
injury or fear of imminent bodily injury to any officer au-
thorized to enforce the provisions of this Act or the regula-
tions issued hereunder, shall, in lieu of the penalties pre-
scribed in subparagraph (i), be fined not more than $100,000, 
or imprisoned for not more than ten years, or both. 
"(C) I N REM LIABILITY.—Any vessel subject to the provisions 
of this section, which is used in violation of this section or any 
regulation issued hereunder, shall be liable in rem for any civil 
penalty assessed pursuant to paragraph (A) and may be proceeded 
against in the United States district court for any district in 
which such vessel may be found. 
"(D) INJUNCTION.—The United States district courts shall 
have jurisdiction to restrain violations of this section or of regu-
lations issued hereunder, for cause shown. 
"(E) WITHHOLDING CLEARANCE.—The Secretary of the Treas-
ury shall withhold or revoke, at the request of the Secretary, the 
clearance, required by section 4197 of the Revised Statutes of the 
United States, as amended (46 U.S.C. 91), of any vessel, the 
owner or operator of which is subject to any of the penalties in 
this subsection. Clearance may be granted in such cases upon the 
filing of a bond or other surety satisfactory to the Secretary. 
"(15) INSPECTION.— 
"(A) NATIONAL PROGRAM.— 
"(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 integ-
rity, as specified by the Secretary. 
"(ii) An inspection or examination may be conducted by 
any officer authorized by the Secretary. If any such officer is 
not reasonably available, the Secretary may contract for the 
conduct of inspections or examinations in the United States 
and in foreign countries. Under such contract, an inspector 
may be authorized to act on behalf of the Secretary, except 
that no such inspector may issue a Certificate of Inspection 
or Certificate of Compliance, but may issue a temporary 
; , 
certificate. 
"(iii) Notwithstanding the provisions of section 1 of the 
Act of June 19, 1886, as amended (46 U.S.C. 331), the Secre-
tary shall prescribe by regulation reasonable fees for any 
inspection or examination conducted pursuant to this section 
outside the geographical limits of the United States, or 
which, when involving a foreign vessel, is conducted pursuant 
to the contract authority provided for in subparagraph (ii) 
of this paragraph. The owner or operator of any vessel 
inspected or examined by the Secretary or his designee shall 
be liable for such fees. Amounts received as fees shall be 
credited to the General Treasury. 
"(B) VESSEL DOCUMENTS.—Any vessel subject to the provisions 
, of this section shall have on board such documents as the Secre-
PUBLIC LAW 95-474—OCT. 17, 1978 
92 STAT. 1491 
Establishment. 
Vessel data or 
information 
furnishing, 
regulation. 
tar}^ deems necessary for inspection or enforcement under this 
section, including, but not limited to, documents indicating— 
"(i) the kind, grade, and approximate quantities of any 
cargo on board; 
"^ii) the shipper and consignee of the cargo; 
"(iii) the points of origin and destination of the vessel; 
and 
"(iv) the name of an agent in the LTnited States authorized 
to accept legal process. 
" (16) MARIXE SAFETY INFORMATION SYSTEM.— 
"(A) I N GENERAL.—The Secretary shall establish a marine 
safety information system which shall contain information with 
regard to any vessel subject to this section which operates on or 
enters the navigable waters of the United States, or which trans-
fers 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 informa-
tion. The Secretary may, by regulation, require any such vessel to 
furnish such data or other information as he deems necessary, in 
order to carry out the purposes of this subsection, including, but 
not limited to— 
"(i) the names of any person with an ownership interest 
in such vessel; 
" (ii) details of compliance with the jfinancial responsibility 
requirements of applicable statutes or regulations; 
"(iii) registration information, including all changes in 
the name of the vessel; 
"(iv) the history of accidents or serious repair problems 
of the vessel; and 
" (v) a record of all inspections or examinations of a vessel 
conducted under subsection (15). 
"(B) INTERAGENCY COOPERATION.—The head of each depart-
ment 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). 
"(17) LIGHTERING.— 
"(A) I N GENERAL.—After the effective date of regulations 
issued by the Secretary pursuant to paragraph (B), no vessel may 
transfer oil or hazardous materials in a port or place subject to 
the jurisdiction of the United States, if the cargo has been trans-
ferred from another vessel in the navigable waters of the United 
States or in the marine environment unless— 
" (i) the transfer was conducted in accordance with regu-
lations issued by the Secretary, and 
"(ii) both the delivering and receiving vessels had, on 
board at the time of transfer, a Certificate of Inspection or a 
Certificate of Compliance, as would have been required under 
subsection (8), had the transfer taken place in a port or place 
subject to the jurisdiction of the United States. 
"(B) REGULATIONS.—The Secretary shall issue, and may from Regulations, 
time to time, amend or repeal regulations for the transferring of 
92 STAT. 1492 
PUBLIC LAW 95-474—OCT. 17, 1978 
Control and 
supervisory 
measures, 
establishment. 
Submittal to 
Congress. 
33 use 1221 
note. 
Ante, p. 1471. 
33 u s e 1221. 
46 u s e 391a 
note. 
Ante, p. 1480. 
oil or hazardous materials in the navigable waters of the United 
States or in the marine environment when such oil or hazardous 
material is destined for a port or place subject to the jurisdiction 
of the United States. Such regulations shall include, but need not 
be limited to— 
"(i) minimum safe operating conditions, including sea 
state, wave height, weather, proximity to channels or ship-
ping lanes, and other similar factors; 
" ^ii^ prevention of spills; 
" (iii) equipment for responding to any spill; 
"(iv) prevention of any unreasonable interference with 
navigation or other reasonable uses of the high seas, as such 
if 
uses are defined by treaty, convention, or customary inter-
national law; 
" (v) establishment of lightering zones; and 
"(vi) requirements for communication and prearrival 
messages. 
"(18) 
TANK WASHINGS.— 
"(A) No vessel may transfer a cargo in a port or place subject 
to the jurisdiction of the United States, if the vessel has arrived 
after having discharged tank washings containing oil or hazardous 
materials in violation of any law of the United States or in a 
manner or quantities inconsistent with the provisions of any 
treaty to which the United States is a party, m preparation for 
loading that cargo in any port or place subject to the jurisdiction 
of the United States. 
"(B) The Secretary shall establish effective control and super-
visory measures to implement the provisions of this subsection. 
"(19) REPORT.—Within six months after the end of each calendar 
year, the Secretary shall submit to the Congress— 
"(A) a report on the administration of this section during the 
preceding calendar year; 
"(B) a summary of inspection and enforcement activities dur-
ing the preceding calendar year; and 
"(C) recommendations to the Congress for any additional leg-
islative authority necessary to improve navigation and vessel 
safety and protection of the marine environment.". 
SEC. 6. SAVINGS CLAUSE. 
(a) Regulations previously issued under statutory provisions which 
are amended by section 2 of this Act shall continue in effect as though 
issued under the authority of the Ports and Waterways Safety Act of 
1972, as amended by this Act, until expressly abrogated, modified, or 
amended by the Secretary. Any proceeding under title I of Public 
Law 92-340 for a violation which occurred before the effective date 
of this Act may be initiated or continued to conclusion as though 
such public law had not been amended by this Act. 
(b) Regulations previously issued under statutory provisions which 
are amended by section 5 of this Act shall continue in effect as though 
issued under the authority of section 4417a of the Revised Statutes of 
the United States, as amended by this Act, until expressly abrogated, 
modified, or amended by the Secretary. Any proceeding under the 
provisions of section 4417a of the Revised Statutes of the United 
PUBLIC LAW 95-474^0CT. 17, 1978 
92 STAT. 1493 
States, as it existed prior to amendment by this Act, for a violation ^nte, p. 1480. 
which occurred before the effective date of this Act, may be initiated 
or continued to conclusion as though such section had not been amended 
by this Act. 
(c) If a provision of this Act or the application of such provision 33 USC 1221 
to any person or circumstances shall be held invalid, the remainder of ^°^-
the Act and the application of such provision to persons or circum-
stances other than those to which it is held invalid shall not be affected 
thereby. 
Approved October 17, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1384, Pt. I accompanying H.R. 13311 (Comm. on Merchant 
Marine and Fisheries), No. 95-1384, Pt. II (Comm. on International 
Relations). 
SENATE REPORT No. 95-176 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): May 25, 26, considered and passed Senate. 
Vol. 124 (1978): Sept. 12, H.R. 13311 considered and passed House; proceed-
ings vacated and S. 682, amended, passed in lieu. 
Sept.30, Senate concurred in House amendment with an 
amendment. 
Oct. 3, House concurred in Senate amendment.