Public Law 92-323 92nd Congress, H. R. 9552 June 30, 1972 An Act To amend the cruise legislation of the Merchant Marine Act, 1936. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 613 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1183), is amended as follows: (a) Subsection (b) is amended as follows: (A) By striking out "effective before January 2, 1960, is required for at least one-third of each year, but not" and inserting in lieu thereof "effective before January 2, 1960, is not required". (B) By striking out "(1) on such service, route, or line for such part of each year" and inserting in lieu thereof "(1) on such service, route, or line for some part or no part of each year". (C) By striking out "(2) on cruises for all or part of the remainder of each year" and inserting in lieu thereof "(2) on cruises for all or part of each year". (b) Subsection (d) is amended as follows: (A) By inserting after the numeral "(1)" the words “except as provided in subdivision (4) of this subsection" and a comma. (B) By inserting a new subsection (4) to read as follows: "(4) Any other provisions of the Merchant Marine Act, 1936, or of the Shipping Act, 1916, to the contrary notwithstanding, with the approval of the Secretary of Commerce, it may carry cargo and mail between ports to the extent such carriage is not in direct competition with a carrier offering United States-flag berth service between those ports, or, if such carriage is in direct competition with one or more carriers offering United States-flag berth service between such ports, with the consent of the next scheduled United States-flag carrier, which consent shall not be unreasonably withheld in the judgment of the Maritime Administrator." (c) The first sentence of subsection (e) is amended by inserting after the words "after consideration of all relevant matter presented, shall" the words "approve the proposed cruise" and by striking out the last comma in the sentence and the words "approve the proposed cruise" at the end of the sentence. Approved June 30, 1972. SENATE REPORT No. 92-889 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Apr. 11, considered and passed House. June 21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 27: July 1, Presidential statement. Public Law 92-339 92nd Congress, H. R. 6479 July 7, 1972 An Act To provide for the licensing of personnel on certain vessels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4427 of the Revised Statutes (46 U.S.C. 405) is amended by inserting "(a)" immediately before the first word thereof and by adding at the end thereof the following new subsection: "(b) (1) As used in this subsection "(A) the term 'Secretary' means the Secretary of the department in which the Coast Guard is operating; "(B) the term 'towing' means pulling, pushing, or hauling alongside or any combination thereof; Towing vessels. licensing. Definitions. 86 STAT, 423 "(C) the term 'towing vessel' means a commercial vessel engaged 86 STAT. 424 in or intended to engage in the service of towing which is twenty-six feet or more in length, measured from end to end over the deck, excluding she r; "(D) the term 'uninspected' means not required by law to have a valid certificate of inspection issued by the Secretary. "(2) An uninspected towing vessel in order to assure safe navigation shall, while underway, be under the actual direction and control of a person licensed by the Secretary to operate in the particular geographic area and by type of vessel under regulations prescribed by him. A person so licensed may not work a vessel while underway or perform other duties in excess of a total of twelve hours in any consecutive twenty-four-hour period except in case of emergency. "(3) Paragraph 2 of this subsection shall not apply to towing vessels of less than two hundred gross tons engaged in a service or preparing or intending to immediately engage in a service to the offshore oil and mineral exploitation industry, including construction for such industry, where the vessels involved would have as their ultimate destination or last point of departure offshore oil and mineral exploitation sites or equipment." SEC. 2. The Secretary of Transportation shall conduct a study con- Study. cerning the need for engineers on uninspected towing vessels and shall submit to the Congress a report on this study, together with any legislative recommendations not later than ten months after the enactment of this legislation. 86 STAT. 424 Effective dates. SEC. 3. The amendments made by the first section of this Act shall become effective on January 1, 1972, or on the first day of the sixth month which begins after the month in which regulations are first issued under section 4427 (b) (2) of the Revised Statutes (as added by the first section of this Act), whichever date is later. Approved July 7, 1972 LEGISLATIVE HISTORY: HOUSE REPORT No. 92-125 (Comm. on Merchant Marine and Fisheries). Public Law 92-340 92nd Congress, H. R. 8140 July 10, 1972 An Act To promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Ports and cited as the "Ports and Waterways Safety Act of 1972”. TITLE I-PORTS AND WATERWAYS SAFETY AND ENVIRONMENTAL QUALITY SEC. 101. In order to prevent damage to, or the destruction or loss of any vessel, bridge, or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and to protect the navigable waters and the resources therein from environmental harm resulting from vessel or structure damage, destruction, or loss, the Secretary of the department in which the Coast Guard is operating may Waterways Safety Act of 1972. 86 STAT. 424 (1) establish, operate, and maintain vessel traffic services and 86 STAT. 425 systems for ports, harbors, and other waters subject to congested vessel traffic; (2) require vessels which operate in an area of a vessel traffic service or system to utilize or comply with that service or system, including the carrying or installation of electronic or other devices necessary for the use of the service or system; (3) control vessel traffic in areas which he determines to be especially hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by (i) specifying times of entry, movement, or departure to, (iii) establishing vessel size and speed limitations and (iv) restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics and capabilities which he considers necessary for safe operation under the circumstances; (4) direct the anchoring, mooring, or movement of a vessel when necessary to prevent damage to or by that vessel or her cargo, stores, supplies, or fuel; (5) require pilots on self-propelled vessels engaged in the foreign trades in areas and under circumstances where a pilot is not otherwise required by State law to be on board until the State having jurisdiction of an area involved establishes a requirement for a pilot in that area or under the circumstances involved; (6) establish procedures, measures, and standards for the handling, loading, discharge, storage, stowage, and movement, including the emergency removal, control and disposition, of explosives or other dangerous articles or substances (including the substances described in section 4417a (2) (A), (B), and (C) of the Revised Statutes of the United States (46 U.S.C. 391a (2) (A), (B), and (C)) on structures subject to this title; structures subject to this title to assure adequate protection from Post, p. 427. "United States." 86 STAT. 425 86 STAT. 426 Panama Canal; Seaway. Investigatory powers. (8) establish 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 (9) establish procedures for examination to assure compliance with the minimum safety equipment requirements for structures. SEC. 102. (a) For the purpose of this Act, the term "United States" includes the fifty States, the District of Columbia, Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (b) Nothing contained in this title supplants or modifies any treaty or Federal statute or authority granted thereunder, nor does it prevent a State or political subdivision thereof from prescribing for structures only higher safety equipment requirements or safety standards than those which may be prescribed pursuant to this title. (c) In the exercise of his authority under this title, the Secretary shall consult with other Federal agencies, as appropriate, in order to give due consideration to their statutory and other responsibilities, and to assure consistency of regulations applicable to vessels, structures, and areas covered by this title. The Secretary may also consider, utilize, and incorporate regulations or similar directory materials issued by port or other State and local authorities. (d) This title shall not be applicable to the Panama Canal. The authority granted to the Secretary under section 101 of this title shall not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under this title shall be delegated to the Saint Lawrence Seaway Development Corporation to the extent that the Secretary determines such delegation is necessary for the proper operation of the Seaway. (e) In carrying out his duties and responsibilities under this title to promote the safe and efficient conduct of maritime commerce the Secretary shall consider fully the wide variety of interests which may be affected by the exercise of his authority hereunder. In determining the need for, and the substance of, any rule or regulation or the exercise of other authority hereunder the Secretary shall, among other things, consider (1) the scope and degree of the hazards; (2) vessel traffic characteristics including minimum interference with the flow of commercial traffic, traffic volume, the sizes and types of vessels, the usual nature of local cargoes, and similar factors; (3) port and waterway configurations and the differences in geographic, climatic, and other conditions and circumstances; (4) environmental factors; (5) economic impact and effects; (6) existing vessel traffic control systems, services, and schemes; and (7) local practices and customs, including voluntary arrangements and agreements within the maritime community. SEC. 103. The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this title, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. In any investigation under this title, the Secretary may issue a subpena to require the attendance of any witness and the production of documents and other evidence. In case of refusal to obey a subpena issued to any person, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States. |