Page:United States Statutes at Large Volume 92 Part 2.djvu/212

 92 STAT. 1492

PUBLIC LAW 95-474—OCT. 17, 1978

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oil or hazardous materials in the navigable waters of the United States or in the marine environment when such oil or hazardous material is destined for a port or place subject to the jurisdiction of the United States. Such regulations shall include, but need not be limited to— "(i) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors; " ^ii^ prevention of spills; " (iii) equipment for responding to any spill; "(iv) prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as such uses are defined by treaty, convention, or customary international law; " (v) establishment of lightering zones; and "(vi) requirements for communication and prearrival messages. "(18)

Control and supervisory measures, establishment. Submittal to Congress.

TANK WASHINGS.—

"(A) No vessel may transfer a cargo in a port or place subject to the jurisdiction of the United States, if the vessel has arrived after having discharged tank washings containing oil or hazardous materials in violation of any 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, m preparation for loading that cargo in any port or place subject to the jurisdiction of the United States. "(B) The Secretary shall establish effective control and supervisory measures to implement the provisions of this subsection. "(19) REPORT.—Within six months after the end of each calendar year, the Secretary shall submit to the Congress— "(A) a report on the administration of this section during the preceding calendar year; "(B) a summary of inspection and enforcement activities during the preceding calendar year; and "(C) recommendations to the Congress for any additional legislative authority necessary to improve navigation and vessel safety and protection of the marine environment.". SEC. 6. SAVINGS CLAUSE.

33 USC 1221 note. Ante, p. 1471.

33 USC 1221.

46 USC 391a note. Ante, p. 1480.

(a) Regulations previously issued under statutory provisions which are amended by section 2 of this Act shall continue in effect as though issued under the authority of the Ports and Waterways Safety Act of 1972, as amended by this Act, until expressly abrogated, modified, or amended by the Secretary. Any proceeding under title I of Public Law 92-340 for a violation which occurred before the effective date of this Act may be initiated or continued to conclusion as though such public law had not been amended by this Act. (b) Regulations previously issued under statutory provisions which are amended by section 5 of this Act shall continue in effect as though issued under the authority of section 4417a of the Revised Statutes of the United States, as amended by this Act, until expressly abrogated, modified, or amended by the Secretary. Any proceeding under the provisions of section 4417a of the Revised Statutes of the United

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