Vessel Safe Navigation and Marine Environment Protection Act of 1991 - Requires that certain vessels used for transporting oil or hazardous material, including towing vessels, have an integrated navigation system incorporating specified minimum elements. Requires all work to bring a U.S.-documented vessel into compliance to be performed in the United States using equipment manufactured in the United States. Sets forth penalties, including in rem liability. Allows injunctions and denial of entry.
HR 3969 IH 102d CONGRESS 1st Session H. R. 3969 To improve vessel navigational accuracy and enhance ship safety in order to protect the marine environment. IN THE HOUSE OF REPRESENTATIVES November 26, 1991 Mr. HOCHBRUECKNER introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries A BILL To improve vessel navigational accuracy and enhance ship safety in order to protect the marine environment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Vessel Safe Navigation and Marine Environment Protection Act of 1991'. SEC. 2. FINDINGS. The Congress finds the following: (1) Vessel navigational safety and protection of the fragile marine environment are matters of major national importance. (2) Increased vessel traffic in the Nation's exclusive economic zone, ports, and other waterways creates potential substantial hazard to life, property, and the marine environment. (3) Improved vessel navigational accuracy is required in order to reduce the possibility of vessel groundings, collisions, or other acts that will damage life, property, and the marine environment. SEC. 3. VESSEL STANDARDS. (a) LESS THAN 10,000 GROSS TONS- A vessel of less than 10,000 gross tons used for transporting oil or hazardous material, including towing vessels, on the navigable waters of the United States shall have in operation an integrated navigation system that, at a minimum, incorporates-- (1) a global positioning satellite system or a system providing equivalent or greater position accuracy, as specified by the Secretary; (2) own ships position displayed in real time on an electronic digitized, color chart, that includes own ships position, past track, and projected movement versus preplanned track superimposed on a suitable nautical chart which is capable of onboard updating; (3) inputs from the vessel's ships gyro compass and ship's position fixing device described in paragraph (1); (4) computer generated alarms, including alarms to alert the operators of impending grounding, departure from the channel or designated track, dragging anchor, or other situations that could cause grounding and damage the marine environment; and (5) a 14-inch color video display. (b) GREATER THAN 10,000 GROSS TONS- A vessel greater than 10,000 gross tons used for transporting oil or hazardous materials on the navigable waters of the United States shall have in operation an integrated navigation system that, at a minimum, incorporates-- (1) a global positioning satellite system or a system providing equivalent or greater position accuracy, as specified by the Secretary; (2) own ships position displayed in real time on an electronic digitized, color, high resolution (1000 x 1000 lines per inch minimum) 19-inch video display that includes own ships position, past track and projected movement versus preplanned track superimposed on a suitable nautical chart which is capable of onboard updating; (3) inputs from key navigational sensors, including the ships gyro compass, speed log, and depth sounder, and ships position fixing device described in paragraph (1); (4) computer generated alarms, including alarms to alert the operators of impending grounding, departure from the channel or designated track, dragging anchor, or other situations that could cause grounding and damage the marine environment; (5) a historical record, which is suitable for removal from the vessel and later review, of own ships position and the positions of other vessels being tracked by the integrated navigation system. (c) RULEMAKING- The Secretary shall, not later than 12 months after the date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule that establishes requirements for-- (1) integrated navigation systems required by this section that will provide as substantial protection to the environment as is economically and technologically feasible; and (2) inspecting and certifying under title 46, United States Code, for compliance with this section. SEC. 4. APPLICATION. (a) NEW CONSTRUCTION- Section 3 shall apply to a vessel described in subsection (a) or (b) of that section for which a construction contract or a contract for major conversion is entered into after the date which is 18 months after the date of the enactment of this Act. (b) EXISTING VESSELS- Except as provided in subsection (a), section 3 shall apply to a vessel described in subsection (a) or (b) of that section and in existence on the date of the enactment of this Act-- (1) in the case of a vessel described in section 3(b) used to transport oil or a hazardous material, after 24 months after that date of enactment; (2) in the case of a vessel described in section 3(a), after 24 months after that date of enactment. (c) VESSELS OF WAR- Section 3 shall not apply to a vessel of war. SEC. 5. REVIEW AND ASSESSMENT. The Secretary shall-- (1) periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of vessels operating in navigable waters; (2) not later than 5 years after the date of the enactment of this Act, assess the impact of integrated navigational systems required by this Act on the safety of the marine environment and the economic viability and operational makeup of the maritime industry of the United States; and (3) report the results of the review and assessment to the Congress with recommendations for legislative or other action and, if appropriate, recommendations to the insurance industry for reductions in insurance premiums. SEC. 6. PERFORMANCE OF WORK IN UNITED STATES. All construction and other work conducted on a vessel documented under the laws of the United States-- (1) required to render the vessel in compliance with section 3, and (2) performed under a contract entered into after the date of the enactment of this Act, shall be performed in the United States, using equipment manufactured in the United States. SEC. 7. PENALTIES. (a) IN GENERAL- The owner, operator, and person in charge of a vessel to which section 3 applies-- (1) which is operated on navigable waters of the United States in violation of section 3 (including any regulation issued under that section) shall be liable for a civil penalty of not more than $200,000; or (2) who knowingly and willfully operates the vessel in violation of section 3 (including the regulations issued under that section) shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both. (b) LIABILITY IN REM- Any vessel operated in violation of section 3 (including the regulations issued under that section)-- (1) shall be liable in rem for any civil penalty or fine assessed under this section; and (2) may be proceeded against in the United States district court for any district in which the vessel may be found. SEC. 8. INJUNCTIVE PROCEEDINGS. The United States district courts shall have jurisdiction to restrain violations of this Act or the regulations promulgated under this Act. SEC. 9. DENIAL OF ENTRY. The Secretary may, subject to recognized principles of international law, deny entry into the navigable waters of the United States to any vessel that is not in compliance with this Act or any regulation promulgated under this Act. SEC. 10. DEFINITIONS. For the purpose of this Act: (1) The term `marine environment' means-- (A) the navigable waters of the United States and the land and resources in and under those waters; (B) the waters and fishery resources of the area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the outer Continental Shelf of the United States; and (D) the recreational, economic, and scenic values of the waters and resources referred to in subparagraphs (A) through (C). (2) The term `exclusive economic zone' means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983. (3) The term `Secretary' means the Secretary of the department in which the Coast Guard is operating. (4) The term `United States' when used in a geographic sense, means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (5) The term `gross ton' has the meaning given that term by the Secretary under part J of title 46, United States Code. (6) The term `oil' includes oil of any type, or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredged spoil. (7) The term `tank vessel' means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue. (8) The term `hazardous material' means a liquid material or substance that is-- (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 104 of the Hazardous Materials Transportation Act (49 U.S.C. 1803). (9) The term `State' means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (10) The term `tanker' means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. (11) The term `vessel of war' means a vessel-- (A) belonging to the armed forces of a country; (B) bearing the external marks distinguishing vessels of war of that country; (C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and (D) staffed by a crew under regular armed forces discipline. (12) The term `towing vessel' means a commercial vessel engaged in or intended to be used to engage in providing the service of pulling, pushing, or hauling alongside another vessel, or any combination of pulling, pushing, or hauling alongside another vessel.
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Referred to the Subcommittee on Coast Guard and Navigation.
Executive Comment Requested from DOT, National Academy of Sciences.
Executive Comment Received from DOT.
Executive Comment Received from National Academy of Sciences.
Unfavorable Executive Comment Received from DOT.
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