Page:United States Statutes at Large Volume 92 Part 2.djvu/196

 92 STAT. 1476

PUBLIC LAW 95-474—OCT. 17, 1978 State law. Any such requirement shall be terminated when the State having jurisdiction over the area involved establishes a requirement for a State licensed pilot and has so notified the Secretary.

33 USC 1227.

" SEC. 8. INVESTIGATORY POWERS.

" (a) SECRETARY.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this Act, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. " (b) POWERS.—In an investigation under this section, the Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpena. Any district court of the United States may, in the case of refusal to obey a subpena, issue an order requiring compliance with the subpena, and failure to obey the order may be punished by the • court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.

Subpenas.

' 33 USC 1228.

" SEC. 9. CONDITIONS FOR E N T R Y TO PORTS OF THE UNITED STATES.

Post, p. 1480.

'

" (a) IN GENERAL.—No vessel, subject to the provisions of section 4417a of the Revised Statutes, as amended, shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel— " (1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates a t h r e a t to the marine environment; or " (2) fails to comply with any applicable regulation issued under this Act, under section 4417a of the Revised Statutes, as amended, or under any other applicable law or t r e a t y; or " (3) discharges oil or hazardous material in violation of a^y law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party; or " (4) does not comply with any applicable vessel traffic service requirements; or " (5) is manned by one or more officers who are licensed by a certificating state which the Secretary has determined, pursuant to section 4417a (11) of the Revised Statutes, as amended, does not have standards for licensing and certification of seafarers which are comparable to or more stringent than United States standards or international standards which are accepted by the United States; or " (6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or " (7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English. " (b) EXCEPTIONS.—The Secretary may allow provisional entry of a vessel not in compliance with subsection (a), if the owner or operator
 * reason to believe that such vessel may be unsafe or may create

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