Page Harbor Safety Law Urged To Control River Mini-Ships.. 402 354 Miller, Dale, president, Gulf Intracoastal Canal Association, prepared statement... 341 Miller, R. L., prepared statement.. 207 Moakley, Senator, prepared statement. 230 Penrod, James N., prepared statement. 376 Press, William, California Senate Joint Resolution No. 10.. 351 Communications supplied by Bebee, Allen P., president, St. Louis Terminals Corp., letter of 401 Blok, H. P., Foreign Shipowners Association of the Pacific Coast, Ferguson, J. R., transportation manager, Tenneco Oil Co., letter of 388 340 340 Hamilton, John G., president, Hudson River Pilots Association, letter of August 17, 1971, to Hon. Frank M. Clark. 209 Kennedy, Sen. Edward M., letter of August 9, 1971, to Hon. Frank 208 Marshall, Tom, president, Waterways Association of Pittsburgh, 209 341 196 Sheffer, Loran, letter of August 19, 1971, to Hon. Frank M. Clark Watson, Donald, president, California Board of Pilot Commissioners, letter of September 7, 1971, to Hon. Frank M. Clark__ 333 387 Willett, Capt. D. F., Brazos Santiago Pilots, letter of July 14, 1971, to Capt. Ernest Clothier.. 341 PORT AND HARBOR SAFETY TUESDAY, JULY 20, 1971 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COAST The Subcommittee on Coast Guard, Coast and Geodetic Survey and Navigation met at 10:10 a.m., in room 1334, Longworth Office Building, the Honorable Frank M. Clark, chairman of the subcommittee, presiding. Mr. CLARK. The subcommittee will come to order. The Subcommittee on Coast Guard and Navigation is meeting today and tomorrow and possibly the following morning, if necessary, on this very important port and harbor safety legislation. As we all know, the Administration sent up its bill last year on this subject, H.R.17830, and this subcommittee held hearings expeditiously on this important matter. We held some 10 days of hearings and heard testimony from all segments of industry and from all interested parties. Unfortunately, the overwhelming majority of this testimony was in opposition to the legislation. Although the testimony favored the environmental and especially the safety aspects of the bill, the tenor of the criticism was that the bill was loosely drawn and dangerously broad in its scope. There was a certain amount of justification to this criticism and it was recognized by the Members, the Counsel and the Coast Guard. In addition, most of the testimony made a great issue of overlapping of jurisdiction between various agencies of the Government. In addition, there were many other suggestions and amendments proposed. Subcommittee Counsel went through all the testimony, took out all the points of criticism and suggested amendments, and went over them with the Coast Guard. As a result of all this work, Chairman Garmatz introduced this year on May 6, 1971, H.R. 8140. This is the new and modified version of last year's bill and was worked up on the basis of last year's testimony. This bill has been tightened up considerably. A number of the areas which were so broad in last year's bill as to be speculative with respect to coverage and jurisdiction, have now been made specific. The genesis of this type of legislation was the tremendous increase in vessel size and in variety and amount of hazardous cargoes carried in these vessels, as well as the number of spills and incidents which occurred, from the spills in the Baltimore area of the Chesapeake Bay to the incident when the U.S.S. Yancy knocked out three different portions of the Chesapeake Bay bridge-tunnel complex. (1) The most recent collision which occurred in January 1971 in the San Francisco Bay involved the tankers, Arizona Standard and the Oregon Standard and brought into focus the need for this port and harbor safety legislation. This collision resulted in a spillage of over half a million gallons of oil into the waters of the San Francisco Bay area and was convincing proof that the time was indeed at hand for the passage of H.R. 8140 or some similar piece of legislation. We laid the ground work for this last year with our extensive hearings on H.R.47830. We sifted and refined the testimony and came up with H.R. 8140, which we think is now an acceptable bill. Let no one make the mistake that the mood of Congress is anything but in the direction of this type of legislation. We will be extremely disappointed if the testimony received on H.R. 8140 is so completely negative as was the testimony on H.R. 17830. We recognize that when dealing with legislation as important as this, it is always subject to amendment and improvement. However, we are very hopeful the testimony we are about to receive will be of a positive and useful nature. At this point, I would like the bills and agency reports to be inserted into the record: (The bills and agency reports follow :) [H.R. 867, H.R. 3635, 92d Cong., first sess.] BILLS 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 cited as the "Ports and Waterways Safety Act of 1971". SEC. 2. (a) To promote safe and efficient martime transportation or to promote the safety and environmental quality of the ports, harbors, and navigable waters of the United States, the Secretary of the Department in which the Coast Guard is operating (hereinafter referred to as the "Secretary") may prescribe standards, procedures, regulations, or other measures designed (1) to prevent damage to, or the destruction or loss of any vessel, structure, or facility on or in such waters, or any structure or facility on land adjacent to such waters; and (2) to protect navigable waters, the resources therein and adjoining land areas. (b) In carrying out his responsibilities under this section, the Secretary may': (1) prescribe or approve marine traffic control procedures and methods, and establish, operate, maintain, require, or approve marine traffic control services, systems, and devices for commercial vessels, including but not limited to size and speed limitations, operating capabilities, and pilotage where pilotage is not required by State law: (2) direct, regulate, and control the anchorage, mooring, or movement of any vessel, including the taking of full or partial possession and control, if necessary, to prevent damage to or by the vessel or to or by its cargo, stores, supplies, or fuel; (3) establish or approve procedures, measures, and standards for handling, loading, discharge, storage, stowage, and movement, including the emergency removal control, and disposition of: (i) any explosives or other dangerous articles or substances, the transportation of which is subject to regulation by the Secretary; and (ii) any dangerous articles for use as vessel stores, supplies, or fuel: (4) prescribe minimum equipment requirements for structures and facilities to assure adequate protection from fire, explosion, natural disasters, and other serious accidents or casualties; (5) establish safety zones or otherwise control the use of or regulate access to vessels, structures, facilities, waters, waterfront, and shortline areas as may be necessary for their protection: and (6) establish procedures for inspection and approval to assure compliance with standards, procedures, regulations, or other measures prescribed pursuant to this Act. (b) For the purpose of this Act, the term "United States" means 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. SEC. 3. (a) This Act does not apply to foreign vessels in transit through straits used for international navigation; nor is it to be applied in other territorial seas to hamper the right of innocent passage as recognized under international law. (b) Nothing contained in this Act is intended to supplant or modify any treaty or Federal statute or authority granted thereunder, nor is it intended to prevent a State or political subdivision thereof, in the exercise of its lawful authority, from prescribing higher equipment requirements of safety standards than those which may be prescribed for structures and facilities pursuant to section 2 of this Act. (c) In the exercise of his authority under this Act, 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 the vessels, structures, and facilities covered by this Act. The Secretary may also consider, utilized, or incorporate regulations or similar directory materials issued by port or other State and local authorities. SEC. 4. The Secretary is authorized to investigate any incident, accident, or willful or negligent act involving the loss or destruction of, or damage to, any facility or structure subject to section 2 of this Act, or which affects or may affect safety of, on or in the ports, harbors, or navigable waters of the United States. In any investigation under this Act, the Secretary may issue a subpena to require the attendance of witnesses 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 any 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. The Secretary may prescribe such regulations as necessary to carry out this section. SEC. 5. Whoever violates a regulation issued under this Act shall be liable to a civil penalty of not more than $1,000. The Secretary may assess and collect any civil penalty incurred under this Act and, in his discretion, remit, mitigate, or compromise any penalty. Upon failure to collect or compromise a penalty, the Secretary may request the Attorney General to commence an action for collection in any district court of the United States. Any vessel used or employed in a violation of any regulation under this Act shall be liable in rem and may be proceeded against in any district court of the United States having jurisdiction. SEC. 6. Whoever willfully violates a regulation issued under this Act shall be fined not less than $1,000 nor more than $10,000 or imprisoned for not more than ten years, or both. [Executive Communication 86] Hon. CARL ALBERT, THE SECRETARY OF TRANSPORTATION, Speaker of the House of Representatives, DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill, "to promote the safety of ports, harbors, waterfront areas, and navigable waters of the United States." The proposed bill, which would implement a recommendation originally made in a Presidential message to the 91st Congress on oil spills, would authorize the Secretary of the Department in which the Coast Guard is operating to institute measures and issue regulations to safeguard vessels, harbors, ports, waterfront areas, waterfront facilities, and navigable waters from loss or damage or the threat thereof resulting from the operation of vessels and facilities, and to investigate accidents and casualties occurring on or involving such facilities. In 1950 the President, acting pursuant to the Magnuson Act, 50 United States Code 191, which authorizes him to make rules governing the movement, inspection and guarding of vessels, harbors, ports, and waterfront facilities in the United States upon a determination that our national security is endangered, issued Executive Order 10173. This order, as subsequently modified, is currently the basic authority for the Coast Guard's port security and safety programs. During the past twenty years, ports, waterways, and waterfront facilities have continued to expand and tankers and other vessels have grown in size to accommodate an increasing flow of dangerous cargoes. New and complex problems resulting from these changes have gradually made it evident that action must be taken to improve our port security programs from the standpoint of public safety and environmental protection. Although Executive Order 10173 is manifestly linked with prevention of sabotage and subversion activity in our waterfront areas, there are numerous safety functions as well which are now carried out by the Coast Guard in its port security programs and which rest solely upon that Executive Order as the source of authority. These include, but are not limited to, the supervision and control of vessel movements to prevent damage to vessels or waterfront facilities, the imposition of conditions and restrictions regarding inspection, operation, maintenance, guarding, manning, and fire prevention aboard vessels and in waterfront facilities, and the important task of supervision and control of the transportation, handling, loading, discharging, stowage and storage of explosives, inflammable or combustible materials and other dangerous articles or cargo. It is important that such funetions be preformed regardless of the international situation and that they be based upon permanent statutory authority which adequately reflects that need. The draft bill is designed to provide continuing general authority to protect vessels, structures, harbors, ports, and waterways from damage or loss resulting from causes other than subversive activity. Recent incidents such as vessels grounding or colliding with bridge and other structures, with the attendant risk of release of oil or other harmful substance points up the need for the legislation. The favorable impact that more carefully supervised vessel traffic can have on the environment is apparent. The best possible solution to the oil pollution problem in the waterways of the United States, for example, is, of course, to prevent the oil from being discharged into the water in the first place. Reduction of vessel casualty risks through closer attention to vessel control and equipment in congested waters can make a significant contribution in that regard. The bill would also permit the establishment of safety zones wherein vessel traffic or other activities could be prohibited or curtailed for a particular reason or purpose, and usually for brief periods. A need might arise, for example, in the area of a collision or other accident, or to assure safety at a vessel launching or in connection with other special occasions. The draft bill contains provisions which make it clear that it will not hamper the right of innocent passage, as recognized in international law, in the territorial seas of the United States and that it would not apply in straits used for international navigation. The proposal would also streamline present enforcement procedures by authorizing investigations and hearings (including the power to subponea witnesses and documents) and by instituting a system of civil penalties to supplement the criminal penalties. Such investigations would not only serve to determine the causes of casualties but would also contribute to the important functions of critically reviewing existing safety regulations with a view of modernizing them as needed and of making other recommendations to enhance the overall safety posture of our port facilities. Cities and municipalities which border on ports and harbors have placed considerable reliance on the Coast Guard's continuing ability to prevent and eliminate dangers which represent potential major disasters. This proposed legislation is necessary to insure continued justification for that reliance. At the same time, we would expect to continue to encourage greater involvement and allocation of resources by state and local port authorities. Though the regulatory authority of our proposal will assure appropriate federal coordination and general uniformity, the scope of the port safety task as well as unique local conditions and problems virtually compels local as well as federal effort. Because the Coast Guard is now involved, in varying degree, in all of the functional areas addressed. enactment of the bill would have no immediate budgetary impact. Future costs will, of course, depend on the extent of activities found necessary to implement further the port safety function defined in the proposed bill. |