Page:United States Statutes at Large Volume 90 Part 1.djvu/1287

 PUBLIC LAW 94-406—SEPT. 10, 1976

90 STAT. 1237

(b) A permit issued pursuant to subsection (a) may be granted only to a vessel engaged in transporting cargo, including bulk fuel, from point to point within the State of Alaska and only if— (1) the vessel does not exceed three hundred gross tons; (2) the vessel is in a condition which does not present an immediate threat to the safety of life or the environment; and (3) the vessel was operating in the waters off Alaska as of June 1, 1976, or the vessel is a replacement for a vessel which was operating in the waters off Alaska as of June 1, 1976, if the vessel which is being replaced is no longer in service, (c) Except in a situation declared to be an emergency by the Sec- Emergency retary of the department in which the Coast Guard is operating, a situations. vessel operating under permit may not transport cargo to or from a point if the cargo could be transported by another commercial vessel which is reasonably available and which does not require exemptions to legally operate or if the cargo could be readily transported by overland routes. (d) A permit may be issued for a specific voyage or for a period of time not exceeding one year. The permit may impose specific requirements as to the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and any restrictions contained therein shall be at the sole discretion of the Secretary or his delegate. (e) If a designated Coast Guard official has reason to believe that a vessel to which a permit has been issued is in a condition or is used in a manner which creates an immediate threat to the safety of life or the environment or is operated in a manner which is inconsistent with the terms of the permit, the official may direct the operator to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge. (f) If a vessel to which a permit has been issued creates an imme- Permit diate threat to the safety of life or the environment, or is operated in a revocation. manner inconsistent wth the terms of the permit or the requirements of subsection (c) of this section, the permit may be revoked. The Penalty, owner, master, or person in charge of a vessel to which a permit is issued, who willfully permits the vessel to be used or uses the vessel in a manner inconsistent with the terms of the permit or subsection (c) of this section, shall be liable to a civil penalty of not more than $1,000. Approved September 10, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-989 (Comm. on Merchant Marine and Fisheries) and No. 94-1374 (Comm. of Conference). SENATE REPORTS: No. 94-865 (Comm. on Commerce) and No. 94-1054 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1977): Apr. 5, considered and passed House. June 16, considered and passed Senate, amended. Aug. 2, Senate agreed to conference report. Aug. 30, House agreed to conference report.

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