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87 STAT, 421

Liability.

Assessment and collection.

Repeals.

45 USC 85-85g.

(f) For any penalty under this section the vessel is also liable.

(g) The Secretary may assess and collect any civil penalty incurred under this Act and, in his discretion, remit, mitigate, or compromise any penalty prior to referral to the Attorney General.

SEC. 12. Act, March 2, 1929 (C. 508, 45 Stat. 1493); Act, May 26, 1939 (C. 151, 53 Stat. 783); and section 1 of Act, August 31, 1962 (Public Law 87-620, 76 Stat. 415), are hereby repealed. Approved October 1, 1973.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 93-498 accompanying H. R. 5384 (Comm. on Merchant

Marine and Fisheries).

SENATE REPORT No. 93-245 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 119 (1973):

June 27, considered and passed Senate.

Sept. 18, considered and passed House, in lieu of H. R. 5384.

Public Law 93-116 93rd Congress, S. 902 October 1, 1973

An Act

To amend section 607(k) (8) of the Merchant Marine Act, 1936, as amended.

87 STAT. 421

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 607 Merchant Marine (k) (8) of the Merchant Marine Act, 1936, as amended (46 U.S.C. Act, 1936, 1177(k) (8)), is amended by striking that entire portion of section amendment. 607 (k) (8) which follows the lower case roman numeral "(ii)", and 84 Stat. 1032. inserting in lieu thereof "trade from any point in Alaska, Hawaii, Puerto Rico, and such territories and possessions to any other point in Alaska, Hawaii, Puerto Rico, and such territories and possessions." Approved October 1, 1973.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 93-486 accompanying H. R. 7395 (Comm. on Merchant

Marine and Fisheries).

SENATE REPORT No. 93-273 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 119 (1973):

June 30, considered and passed Senate.

Sept. 18, considered and passed House, in lieu of H. R. 7395.

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Public Law 93-119 93rd Congress, H. R. 5451

October 4, 1973

An Act

To amend the Oil Pollution Act, 1961 (75 Stat. 402), as amended, to implement the 1960 and 1971 amendments to the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Oil Pollution be cited as the "Oil Pollution Act Amendments of 1973".

Act Amendments

SEC. 2. The Oil Pollution Act, 1961 (75 Stat. 402), as amended (33 of 1973. U.S.C. 1001-1015), is amended as follows:

(1) Section 2 (33 U.S.C. 1001) is amended(A) by repealing subsection (g);

(B) by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g), respectively;

(C) by adding a new subsection (c) to read:

"(c) The term 'instantaneous rate of discharge of oil content' means the rate of discharge of oil in liters per hour at any instant divided by the speed of the ship in knots at the same instant;";

(D) in subsection (c) (redesignated (d) by subparagraph (B) of this paragraph):

(1) by deleting the word "marine"; and

(2) by deleting the words "American Society for the Testing of Materials" and substituting therefor the words "American Society for Testing and Materials";

(E) in subsection (e) (redesignated (f) by subparagraph (B) of this paragraph) by changing the period to a semicolon at the end of the first sentence thereof and by amending the second sentence to read "an ‘oily mixture' means a mixture with any oil content;";

(F) by amending subsection (h) to read "The term 'Secretary' means the Secretary of the department in which the Coast Guard is operating;"; and

(G) in subsection (j) by changing the period to a semicolon and by adding the following to the sentence: "except that, for the purpose of this Act 'from the nearest land' off the northeastern coast of Australia means a line drawn from a point on the coast of Australia in latitude 11 degrees south, longitude 142 degrees 08 minutes east to a point in latitude 10 degrees 35 minutes south. longitude 141 degrees 55 minutes east

"thence to a point latitude 10 degrees 00 minutes south, longitude 142 degrees 00 minutes east;

"thence to a point latitude 9 degrees 10 minutes south, longitude 143 degrees 52 minutes east;

80 Stat. 372. Definitions.

Repeal.

87 STAT. 424

"thence to a point latitude 9 degrees 00 minutes south, longitude 87 STAT. 425 144 degrees 30 minutes east;

"thence to a point latitude 13 degrees 00 minutes south, longi

tude 144 degrees 00 minutes east;

"thence to a point latitude 15 degrees 00 minutes south, longi

tude 146 degrees 00 minutes east;

"thence to a point latitude 18 degrees 00 minutes south, longitude 147 degrees 00 minutes east;

"thence to a point latitude 21 degrees 00 minutes south, longitude 153 degrees 00 minutes east;

"thence to a point on the coast of Australia in latitude 24 degrees 42 minutes south, longitude 153 degrees 15 minutes east.”.

76-416 0 - 81 - 14

Discharge of

oil, prohibition.

80 Stat. 373.

Repeal.

Discharge of tanker ballast.

U. S. tankers, construction standards.

12 UST 2989.

87 STAT. 425 87 STAT. 426

Certificate of compliance.

Prohibition.

(2) Section 3 (33 U.S.C. 1002) is amended to read as follows: "SEC. 3. Subject to the provisions of sections 4 and 5, the discharge of oil or oily mixture from a ship is prohibited unless

"(a) the ship is proceeding en route; and

"(b) the instantaneous rate of discharge of oil content does not exceed sixty liters per mile, and

“(c) (1) for a ship, other than a tanker

(i) the oil content of the discharge is less than one hundred parts per one million parts of the mixture, and

"(ii) the discharge is made as far as practicable from the nearest land;

"(2) for a tanker, except discharges from machinery space bilges which shall be governed by the above provisions for ships

other than tankers

"(i) the total quantity of oil discharged on a ballast voyage does not exceed one fifteen-thousandths of the total cargocarrying capacity, and

"(ii) the tanker is more than fifty miles from the nearest land.".

(3) Section 4 (33 U.S.C. 1003) is amended—

(A) by changing the word "shall” to “does” in the introductory clause thereof;

(B) by changing the semicolon to a period at the end of subsection (b) thereof; and

(C) by repealing subsection (c) thereof.

(4) Section 5 (33 U.S.C. 1004) is amended to read as follows: "SEC. 5. Section 3 does not apply to the discharge of tanker ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any effluent therefrom, if it were discharged from a stationary tanker into clean calm water on a clear day, would produce no visible traces of oil on the surface of the water.".

(5) Insert a new section 6, to read as follows, following section 5: "SEC. 6. (a) Every tanker to which this Act applies and built in the United States and for which the building contract is placed on or after the effective date of this section shall be constructed in accordance with the provisions of annex C to the convention, relating to tank arrangement and limitation of tank size.

"(b) Every tanker to which this Act applies and built in the United States and for which the building contract is placed, or in the absence of a building contract the keel of which is laid or which is at a similar state of construction, before the effective date of this section, shall, within two years after that date, comply with the provisions of annex C of the convention if

"(1) the delivery of the tanker is after January 1, 1977; or "(2) the delivery of the tanker is not later than January 1, 1977, and the building contract is placed after January 1, 1972, or in cases where no building contract has previously been placed, the keel is laid or the tanker is at a similar stage of construction, after June 30, 1972.

"(c) A tanker required under this section to be constructed in accordance with annex C to the convention and so constructed shall carry on board a certificate issued by the Secretary attesting to that compliance. A tanker which is not required to be constructed in accordance with annex C to the convention shall carry on board a certificate to that effect issued by the Secretary, or if a tanker does comply with annex C though not required to do so, she may carry on board a certificate issued by the Secretary attesting to that compliance. Tankers under the flag of the United States are prohibited from engaging in domestic or foreign trade without an appropriate certificate issued

under this section.

"(d) Certificates issued to foreign tankers pursuant to the conven- Foreign tanker tion by other nations party thereto shall be accepted by the Secretary certificates. as of the same force as certificates issued by him. If the Secretary has clear grounds for believing that a foreign tanker required under the convention to be constructed in accordance with annex C entering ports of the United States or using offshore terminals under United States control does not in fact comply with annex C, he may request the Secretary of State to seek consultation with the government with which the tanker is registered. If after consultation or otherwise, the Noncompliance. Secretary is satisfied that such tanker does not comply with annex C, he may for this reason deny such tanker access to ports of the United States or to offshore terminals under United States control until such time as he is satisfied that the tanker has been brought into compliance. "(e) If the Secretary is satisfied that any other foreign tanker which, if registered in a country party to the convention, would be required to be constructed in accordance with annex C, does not in fact comply with the standards relating to tank arrangement and limitation of tank size of annex C, then he may deny such tanker access to ports of the United States or to offshore terminals under United States control."

(6) Section 6 (33 U.S.C. 1005) is renumbered section 7 and is Penalties. amended to read as follows:

"SEC. 7. (a) Any person who willfully discharges oil or oily mixture from a ship in violation of this Act or the regulations thereunder shall be fined not more than $10,000 for each violation or imprisoned not more than one year, or both.

"(b) In addition to any other penalty prescribed by law any person who willfully or negligently discharges oil or oily mixture from a ship in violation of this Act or any regulation thereunder shall be liable to a civil penalty of not more than $10,000 for each violation, and any person who otherwise violates this Act or any regulation thereunder shall be liable to a civil penalty of not more than $5,000 for each violation.

"(c) A ship from which oil or oily mixture is discharged in violation of this Act or any regulation thereunder is liable for any pecuniary penalty under this section and may be proceeded against in the district court of any district in which the vessel may be found.

75 Stat. 403.

"(d) The Secretary may assess any civil penalty incurred under this Act or any regulation thereunder and, in his discretion, remit, mitigate. or compromise any penalty. No penalty may be assessed unless the alleged violator shall have been given notice and the opportunity to be heard on the alleged violation. Upon any failure to pay a civil penalty assessed under this Act, the Secretary may request the Attorney General to institute a civil action to collect the penalty. In hearing such 87 STAT. 426 action, the district court shall have authority to review the violation 87 STAT. 427 and the assessment of the civil penalty de novo."

(7) Section 7 is renumbered section 8.

(8) Section 8 (33 U.S.C. 1007) is renumbered section 9 and is Enforcement amended

personnel,

(A) in subsection (a) by amending the first sentence to read utilization. as follows: "In the administration of sections 1-12 of this Act, the Secretary may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel, facilities, or equipment of other Federal agencies or the States.";

(B) in subsection (a) by amending the first part of the second sentence which precedes the first use of the word "shall" to read : "For the better enforcement of the provisions of said sections, officers of the Coast Guard and other persons employed by or acting under the authority of the Secretary";

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