(a) Master, person in charge, or pilot subject to penalty. (b) Vessel subject to penalty; jurisdiction. (c) Remission or mitigation. § 1201. Statement of purpose. It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator's navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States. (Pub. L. 92-63, § 2, Aug. 4, 1971, 85 Stat. 164.) SHORT TITLE Section 1 of Pub. L. 92-63 provided: "That this Act [enacting this chapter] may be cited as the 'Vessel Bridge-to-Bridge Radiotelephone Act'." EFFECTIVE DATE Section 10 of Pub. L. 92-63 provided that: "This Act [this chapter] shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later." § 1202. Definitions. For the purpose of this chapter (1) "Secretary" means the Secretary of the Department in which the Coast Guard is operating; (2) "power-driven vessel" means any vessel propelled by machinery; and (3) "towing vessel" means any commerical vessel engaged in towing another vessel astern, alongside, or by pushing ahead. (Pub. L. 92-63, § 3, Aug. 4, 1971, 85 Stat. 164.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. § 1203. Radiotelephone requirement. (a) Vessel coverage; exchange of navigational information. Except as provided in section 1206 of this title(1) every power-driven vessel of three hundred gross tons and upward while navigating; (2) every vessel of one hundred gross tons and upward carrying one or more passengers for hire while navigating; (3) every towing vessel of twenty-six feet or over in length while navigating; and (4) every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vesselsshall have a radiotelephone capable of operation from its navigational bridge or, in the case of a dredge, from its main control station and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information. (b) Vessels upon navigable waters of United States inside high seas lines. The radiotelephone required by subsection (a) of this section shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States inside the lines established pursuant to section 151 of this title. (Pub. L. 92-63, § 4, Aug. 4, 1971, 85 Stat. 164.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. § 1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment. The radiotelephone required by this chapter is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contianed herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this chapter. (Pub. L. 92-63, § 5, Aug. 4, 1971, 85 Stat. 165.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. § 1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel. Whenever radiotelephone capability is required by this chapter, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. (Pub. L. 92-63, § 6, Aug. 4, 1971, 85 Stat. 165.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. § 1206. Exemptions; terms and conditions. The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appropriate. (Pub. L. 92-63, § 7, Aug. 4, 1971, 85 Stat. 165.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1203 of this title. § 1207. Regulations. (a) Operating and technical conditions and characteristics; frequencies, emission, and power of radiotelephone equipment. The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter. (b) Enforcement. The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this chapter. (Pub. L. 92-63, § 8, Aug. 4, 1971, 85 Stat. 165.) EFFECTIVE DATE Section effective May 1, 1971, or six months after promulgation of implementing regulations, whichever is later, see section 10 of Pub. L. 92-63, set out as a note under section 1201 of this title. § 1208. Penalties. (a) Master, person in charge, or pilot subject to penalty. Whoever, being the master or person in charge of a vessel subject to this chapter, fails to enforce or comply with this chapter or the regulation, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this chapter to pilot or direct the movement of the vessel, fails to enforce or comply with this chapter or the regulations hereunder Is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Vessels subject to penalty; jurisdiction. Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Remission or mitigation. Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. (Pub. L. 92-63, § 9, Aug. 4, 1971, 85 Stat. 165.) 1224. 1225. 1226. 1227. Rules and regulations. Report to Congress. Civil penalties; proceedings for collection. § 1221. Prevention of damage to vessels, bridges, and other structures; protection of navigable waters from environmental harm; authority of Secretary. 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 (1) establish, operate, and maintain vessel traffic services and systems for ports, harbors, and other waters subject to congested vessel traffic; (2) require vessels which operate in an area of a vessel traffic service or system to utilize or comply with that service or system, including the carrying or installation of electronic or other devices necessary for the use of the service or system; (3) control vessel traffic in areas which he determines to be especially hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by (i) specifying times of entry, movement, or departure to, from, within, or through ports, harbors, or other waters; (ii) establishing vessel traffic routing schemes; (iii) establishing vessel size and speed limitations and vessel operating conditions; and (iv) restricting vessel operation, in a hazardous area or under hazardous conditions, to vessels which have particular operating characteristics and capabilities which he considers necessary for safe operation under the circumstances; (4) direct the anchoring, mooring, or movement of a vessel when necessary to prevent damage to or by that vessel or her cargo, stores, supplies, or fuel; (5) require pilots on self-propelled vessels engaged in the foreign trades in areas and under circumstances where a pilot is not otherwise required by State law to be on board until the State having jurisdiction of an area involved establishes a requirement for a pilot in that area or under the circumstances involved; (6) establish procedures, measures, and standards for the handling, loading, discharge, storage, stowage, and movement, including the emergency removal, control and disposition, of explosives or other dangerous articles or substances (including the substances described in section 391a (2) (A), (B), and (C) of Title 46 on structures subject to this chapter; (7) prescribe minimum safety equipment requirements for structures subject to this chapter to assure adequate protection from fire, explosion, natural disasters, and other serious accidents or casualties; (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. (Pub. L. 92-340, title I, § 101, July 10, 1972, 86 Stat. 424.) SHORT TITLE Section 1 of Pub. L. 92-340 provided that: "This Act [enacting this chapter and amending section 391a of Title 46 and enacting provisions set out as notes under section 391a of Title 46] may be cited as the 'Ports and Waterways Safety Act of 1972'." ESTABLISHMENT OF VESSEL TRAFFIC CONTROL SYSTEM FOR PRINCE WILLIAM SOUND AND VALDEZ, ALASKA Pub. L. 93-153, title IV, § 402, Nov. 16, 1973, 87 Stat. 589, provided that: "The Secretary of the Department in which the Coast Guard is operating is hereby directed to establish a vessel traffic control system for Prince William Sound and Valdez, Alaska, pursuant to authority contained in title I of the Ports and Waterways Safety Act of 1972 (86 Stat. 424, Public Law 92-340) [this chapter]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1222 of this title. § 1222. General provisions. (a) Definition. 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) Authority under other provisions and better safety requirements prescribed by other agencies unaffected. Nothing contained in this chapter 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 chapter. (c) Consultation with appropriate agencies. In the exercise of his authority under this chapter. 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 chapter. The Secretary may also consider, utilize, and incorporate regulations or similar directory materials issued by port or other State and local authorities. (d) Provisions of chapter inapplicable to Panama Canal; delegation of powers with respect to Saint Lawrence Seaway. This chapter shall not be applicable to the Panama Canal. The authority granted to the Secretary under section 1221 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 chapter 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) Factors considered in the issue of regulations. In carrying out his duties and responsibilities under this chapter 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; (6) existing vessel traffic control systems, services, and schemes; and (7) local practices and customs, including voluntary arrangements and agreements within the maritime community. (Pub. L. 92-340, title I, § 102, July 10, 1972, 86 Stat. 425.) REFERENCES IN TEXT This Act, referred to in subsec. (a), refers to Pub. L. 92-340. For distribution of Pub. L. 92-340 in the Code, see short title note under section 1221 of this title. § 1223. Investigatory powers of Secretary; production of witnesses and documents; proceedings for compliance with subpenas; fees and allowances of witnesses. The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this chapter, 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 chapter, 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. (Pub. L. 92-340, title I, § 103, July 10, 1972, 86 Stat. 426.) § 1224. Rules and regulations. The Secretary may issue reasonable rules, regulations, and standards necessary to implement this chapter. In the exercise of his rulemaking authority the Secretary is subject to the provisions of chapters 5 and 7 of Title 5. In preparing proposed rules, regulations, and standards, the Secretary shall provide an adequate opportunity for consultation and comment to State and local governments, representatives of the marine industry, port and harbor authorities, environmental groups, and other interested parties. (Pub. L. 92-340, title I, § 104, July 10, 1972, 86 Stat. 427.) § 1225. Report to Congress. The Secretary shall, within one year after July 10, 1972, report to the Congress his recommendations for legislation which may be necessary to achieve coordination and/or eliminate duplication between the functions authorized by this Act and the functions of any other agencies. (Pub. L. 92-340, title I, § 105, July 10, 1972, 86 Stat. 427.) REFERENCES IN TEXT This Act, referred to in text, refers to Pub. L. 92-340. For distribution of Pub. L. 92-340 in the Code, see short title note under section 1221 of this title. § 1226. Civil penalties; proceedings for collection. Whoever violates a regulation issued under this chapter shall be liable to a civil penalty of not more than $10,000. The Secretary may assess and collect any civil penalty incurred under this chapter and, in his discretion, remit, mitigate, or compromise any penalty. Unpon failure to collect or compromise a penalty, the Secretary may request the Attorney General to commence an action for collection in any 1253. 1254. 1255. control. Interstate cooperation and uniform laws. Research, investigations, training, and information. (a) Establishment of national programs; co- (b) Authorized activities of Administrator. (e) Field laboratory and research facilities. (1) Oil pollution control studies. (1) Solid waste disposal equipment for ves sels. (k) Land acquisition. (1) Collection and dissemination of scientific knowledge on effects and control of pesticides in water. (m) Waste oil disposal study. (n) Comprehensive studies of effects of pollution on estuaries and estuarine zones; reports. (0) Methods of reducing total flow of sewage and unnecessary water consumption; reports. (p) Agricultural pollution. (q) Sewage in rural areas. (r) Research grants to colleges and universities. (s) River Study Centers. (t) Thermal discharges. (u) Authorization of appropriations. Grants for research and development. (a) Demonstration projects covering storm waters, advanced waste treatment and water purification methods, and joint treatment systems for municipal and industrial wastes. (b) Demonstration projects for advanced treatment and environmental enhancement techniques to control pollution in river basins. (c) Research and demonstration projects for prevention of water pollution by industry. 1283. 1284. 1285. 1286. 1287. Plans, specifications, estimates, and payments. Reimbursement and advanced construction. (a) Publicly owned treatment works construction initiated after June 30, 1966, but before July 1, 1972; reimbursement formula. (b) Publicly owned treatment works construction initiated between June 30, 1956, and June 30, 1966; reimbursement formula. (c) Application for reimbursement. (d) Allocation of funds. (e) Authorization of appropriations. 1288. Areawide waste treatment management. 1312. 1313. Effluent limitations. (a) Illegality of pollutant discharges except in compliance with law. (b) Timetable for achievement of objectives. (c) Modification of timetable. (d) Review and revision of effluent limi tations. (e) All point discharge source application of effluent limitations. (f) Illegality of discharge or radiological, (a) Existing water quality standards. (c) Review; revised standards; publication. (e) Continuing planning process. (g) Heat standards. (h) Thermal water quality standards. 1314. Information and guidelines 1315. 1316. 1317. Authorization of appropriations. (d) Secondary treatment information; alternative waste treatment management techniques and systems. (e) Identification and evaluation of nonpoint sources of pollution; processes, procedures, and methods to control pollution. (f) Guidelines for pretreatment of pollutants. (g) Test procedures guidelines. (h) Guidelines for monitoring, reporting, enforcement, funding, personnel, and manpower. (1) Restoration and enhancement of publicly owned fresh water lakes. (j) Agreements with Secretaries of Agriculture, Army, and Interior to provide maximum utilization of programs to achieve and maintain water quality; transfer of funds; authorization of appropriations. Water quality inventory; State reports; transmittal to Congress. National standards of performance. (a) Definitions. (b) Categories of sources; Federal standards of performance for new sources. (c) State enforcement of standards of per formance. (d) Protection from more stringent standards. (e) Illegality of operation of new sources in violation of applicable standards of performance. Toxic and pretreatment effluent standards; establishment; revision; illegality of source operation in violation of standards. Inspections, monitoring, and entry. Enforcement. (a) State enforcement; compliance orders. (b) Civil actions. (c) Criminal penalties. (d) Civil penalties. (e) State liability for judgments and expenses. International pollution abatement. (a) Hearing; participation by foreign nations. (b) Functions and responsibilities of Administrator not affected. 20-347 0-74-vol. 2-15 |