Page:United States Statutes at Large Volume 104 Part 1.djvu/556

 104 STAT. 522 PUBLIC LAW 101-380 —AUG. 18, 1990 "(2) obligations guaranteed may not exceed 75 percent of the actual cost or depreciated actual cost to the applicant for the construction or reconstruction of the vessel; and "(3) reconstruction cost obligations may not be guaranteed Unless the vessel after reconstruction will have a useful life of at legist 15 years. "(c)(1) The Secretary shall by rule require that the applicant provide adequate security against default. The Secretary may, in addition to any fees assessed under section 1104A(e), establish a Vessel Replacement Guarantee Fund into which shall be paid by obligors under this section— "(A) annual fees which may be an additional amount on the loan guarantee fee in section 1104A(e) not to exceed an additional 1 percent; or "(B) fees based on the amount of the obligation versus the percentage of the obligor's fleet being replaced by vessels constructed or reconstructed under this section. "(2) The Vessel Replacement Guarantee Fund shall be a subaccount in the Federal Ship Financing Fund, and shall— "(A) be the depository for all moneys received by the Secretary under sections 1101 through 1107 of this title with respect to guarantee or commitments to guarantee made under this section; "(B) not include investigation fees payable under section 1104A(f) which shall be paid to the Federal Ship Financing Fund; and "(C) be the depository, whenever there shall be outstanding any notes or obligations issued by the Secretary under section 1105(d) with respect to the Vessel Replacement Guarantee Fund, for all moneys received by the Secretary under sections 1101 through 1107 from applicants under this section. "(d) The program created by this section shall, in addition to the requirements of this section, be subject to the provisions of sections 1101 through 1103; 1104A03)(1), (4), (5), (6); 1104A(e); 1104A(f); 1104A(h); and 1105 through 1107; except that the Federal Ship Financing Fund is not liable for any guarantees or commitments to guarantee issued under this section.". SEC. 4116. PILOTAGE. (a) PILOT REQUIRED.— Section 8502(g) of title 46, United States Code, is amended to read as follows: Regulations. "(g)(1) The Secretary shall designate by regulation the areas of the Alaska. approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title. "(2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60°49' North latitude and the Port of Valdez, Alaska.". (b) SECOND PERSON REQUIRED. —Section 8502 of title 46, United States Code, is amended by adding at the end the following: "(h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a

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