578 



(4) Adoption of rules and regulations. 



Before any rules or regiilations. or any alteration, 

 amendment, or repeal thereof, are approved by the 

 Secretary under the provisions of this section, 

 except in an emergency, the Secretary shall (A) 

 consult with other appropriate Federal departments 

 and agencies, and particularly with the Administra- 

 tor of the Environmental Protection Agency and the 

 Secretary of Commerce, with regard to all rules and 

 regulations for the protection of the marine environ- 

 ment, (B) publish proposed rules and regulations, 

 and (C) permit interested persons an opportunity 

 for hearing. In prescribing rules or regulations, the 

 Secretary shall consider, among other things, (i) the 

 need for such rules or regulations, (ii) the extent 

 to which such rules or regulations will contribute 

 to safety or protection of the marine environment, 

 and (iii) the practicability of compliance therewith, 

 including cost and technical feasibility. 



(5) Rules and regulations for safety; inspection; 

 permits ; foreign vessels. 

 No vessel subject to the provisions of this section 

 shall, after the effective date of the rules and regu- 

 lations for vessel safety established hereunder, have 

 on board such cargo, until a certificate of inspection 

 has been issued to such vessel in accordance with 

 the provisions of title 52 of the Revised Statutes of 

 the United States and until a permit has been en- 

 dorsed on such certificate of inspection by the Secre- 

 tary, indicating that such vessel is in compliancy 

 with the provisions of this section and the rules and 

 regulations for vessel safety established hereunder, 

 and showing the kinds and grades of such cargo that 

 such vessel may have on board or transport. Such 

 permit shall not be endorsed by the Secretary on 

 such certificate of inspection until such vessel 

 has been inspected by the Secretary and found 

 to be in compliance with the provisions of 

 this section and the rules and regulations for 

 vessel safety established hereunder. For the pur- 

 iiose of such inspection, approved plans and certif- 

 icates of class of the American Bureau of Shipping 

 or other recognized classification society for classed 

 vessels may be accepted as evidence of the struc- 

 tural efficiency of the hull and the reliability of the 

 machinery of such classed vessels except as far as 

 existing law places definite responsibility on the Coast 

 Guard. A certificate issued under the provisions of 

 this section shall be valid for a penod of time not 

 to exceed the duration of the certificate of inspec- 

 tion on which such permit is endorsed, and shall be 

 subject to revocation by the Secretary whenever he 

 shall find that the vessel concerned does not comply 

 with the conditions upon which such permit was 

 issued: Provided, That rules and regulations for 

 vessel safety established hereunder and the provi- 

 sions of this subsection shall not apply to vessels 

 of a foreign nation having on board a valid certifi- 

 cate of inspection recognized imder law or treaty by 

 the United States: And provided further. That no 

 permit shall be issued under the provisions of this 



section authorizing the presence on board any vessel 

 of any of the materials expressly prohibited from 

 being thereon by subsection (3) of section 170 of 

 this title. 



(6) Rules and regulations for protection of the 

 marine environment; ini;pcction; certiflcation. 

 No vessel subject to the provisions of this section 

 shall, after the effective date of rules and regula- 

 tions for protection of the marine envii'onment, have 

 on board such cargo, until a certificate of compli- 

 ance, or an endorsement on the certificate of inspec- 

 tion for domestic vessels, has been issued by the 

 Secretary indicating that such vessel is in compli- 

 ance with such rules and regulations. Such certif- 

 icate of compliance or endorsement shall not be 

 issued by the Secretary until such vessel has been 

 inspected by the Secretary and found to be in com- 

 pliance with the rules and regulations for protec- 

 tion of the marine environment established here- 

 under. A certificate of compliance or an endorse- 

 ment issued under this subsection shall be valid 

 for a period specified therein by the Secretary and 

 shall be subject to revocation whenever the Secretary 

 finds that the vessel concerned does not comply 

 with the conditions upon which such certificate 

 endorsement was issued. 



(7) Rules and reguln.tious for protection of the marine 

 environment relating to vessel design and con- 

 struction, alteration, and repair; international 

 agreement. 



(A) The Secretary shall begin publication as soon 

 as practicable of proposed rules and regulations 

 setting forth minimum standards of design, con- 

 struction, alteration, and repair of the vessels to 

 which this section applies for the purpose of protect- 

 ing the marine environment. Such rules and regula- 

 tions shall, to the extent possible, include but not 

 be limited to standards to improve vessel maneuver- 

 ing and stopping ability and otherwise reduce the 

 possibility of collision, grounding, or other accident, 

 to reduce cargo loss following collision, grounding, 

 or other accident, and to reduce damage to the 

 marine environment by normal vessel operations 

 such as ballasting and deballasting, cargo handling, 

 and other activities. 



(B) The Secretary shall cause proposed rules and 

 regulations published by him pursuant to subsec- 

 tion (7) (A) to be transmitted to appropriate inter- 

 national forums for consideration as international 

 standards. 



(C) Rules and regulations published pursuant to 

 subsection (7) (A) shall be effective not earlier than 

 January 1, 1974, with respect to foreign vessels and 

 United States-flag vessels operating in the foreign 

 trade, unless the Secretary shall earlier establish 

 rules and regulations consonant with international 

 treaty, convention, or agreement, which generally 

 address the regulation of similar topics for the pro- 

 tection of the marine environment. In absence of the 

 promulgation of such rules and regulations conso- 

 nant with international treaty, convention, or agree- 



