Oil Tanker Navigation Safety Act of 1989

Summary

Oil Tanker Navigation Safety Act of 1989 - Title I: Provisions Applicable Nationally - Directs the Secretary of the department in which the Coast Guard is operating to initiate a rulemaking proceeding to require each affected oil tanker transiting pilotage waters, except when a qualified State licensed pilot provides the pilotage, to have a specified number of personnel on its navigation bridge. Amends the National Driver Register Act of 1982 to permit an individual who has applied for or received a mariner's document, certificate of registry, or license to operate a commercial vessel to request the chief driver licensing official of a State to transmit certain information regarding such individual to the Commandant of the Coast Guard. Sets forth specified requirements relating to access to such information. Provides for suspension and revocation of such mariner's document, certificate of registry, or license. Requires the Commandant to initiate a rulemaking proceeding to require each individual who has applied for or received such a document, certificate, or license to: (1) request the chief driver licensing official of each State in which he or she has within five years applied for or held a motor vehicle operator's license to provide the Commandant with certain driving record information. Amends Federal law to require the Secretary to issue a final rule to require periodic, as well as post-accident, testing for use of alcohol by individuals who, pursuant to licenses or merchant mariner's documents, perform safety sensitive functions on affected oil tankers. Requires the Secretary to conduct a rulemaking proceeding to determine whether to require that the Coast Guard be informed whenever an individual who has applied for or received a license or merchant mariner's document to perform such safety sensitive functions is undergoing treatment in an alcohol rehabilitation program. Directs the Secretary to temporarily suspend and take possession of the license or merchant mariner's document pending a hearing if there is probable cause to believe that such individual: (1) has served in such capacity while impaired by or under the influence of alcohol; (2) has been denied or has had any cancellation, revocation, or suspension of a motor vehicle operator's license by a State for cause within the previous five years; or (3) has been convicted of specified offenses within the previous five years. Requires the Secretary to report to specified congressional committees a list of U.S. ports that need improved Vessel Traffic Service (VTS) systems. Authorizes the Secretary to establish a system for the collection of payments by users of such VTS systems in such ports. Requires the Secretary to complete a rulemaking proceeding to determine whether to require that electronic means of vessel position-reporting and identification be carried on board affected oil tankers. Requires the Secretary to complete a rulemaking proceeding to require all newly constructed oil tankers to be equipped with double hulls and double bottoms, except to the extent such requirements will not enhance oil tanker navigation safety. Requires the Secretary to report to specified congressional committees on the size of each affected oil tanker. Requires the Secretary to issue final regulations requiring operators of such tankers to submit to the Secretary for approval a contingency plan for the prevention and cleanup of oilspills from their oil tankers. Specifies items to be included in such plans. Provides for: (1) regular inspection of such oil tankers; (2) approval of contingency plans; (3) the legal effect of such plans; (4) public awareness and practice drills with respect to such plans; (5) guidelines for maximum probable oilspills; and (6) action by the Secretary in the event of an oilspill. Requires the Secretary to develop and periodically update an international inventory of oilspill equipment and personnel available to the United States in the event of an oil spill within U.S. waters. Declares that the Secretary shall require any person with which the Coast Guard contracts for the containment or cleanup of an oilspill to report to the Coast Guard information for such inventory. Directs the Secretary to establish a National Council on Oilspill Technology Research and Development to conduct a study of governmental and nongovernmental research on oilspill containment and cleanup. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to make an oilspill a major disaster for disaster assistance purposes. Authorizes the Secretary to deny the right to enter U.S. waters to affected oil tankers that operate in violation of this Act. Sets forth both civil and criminal penalties. Requires the Secretary to submit to specified congressional committees a report on the need, if any, to impose fees upon operators of affected oil tankers or other persons to offset additional costs of implementing this Act. Title II: Provisions Applicable With Respect to Alaska Pilotage at Port of Valdez - Directs the Secretary to initiate a rulemaking proceeding to require that all oil tankers entering and departing the Port of Valdez, Alaska, embark and disembark a pilot licensed in Alaska at locations that will ensure that pilotage of such tankers in certain areas is provided by such State pilots. Requires the Secretary to install an automated navigation light on Bligh Reef in Prince William Sound, Alaska. Directs the Secretary to: (1) install additional radar equipment and train such personnel with respect to the VTS system at the Port of Valdez; and (2) submit to specified congressional committees a report on instituting Coast Guard control on oil tanker movements in Prince William Sound with the use of such system. Directs the Secretary of Commerce to establish a Prince William Sound Oilspill Recovery Institute, to be administered by the Secretary of Commerce through the University of Alaska Institute of Marine Studies. Requires the Institute to conduct research and educational and demonstration projects with respect to the effects of oilspills on the environment and ways to deal with their cleanup. Declares that the policies of the Institute shall be determined by an Advisory Board composed of specified representatives from State and Federal agencies, with the Secretary of Commerce as Chairman. Directs the Advisory Board to establish a Scientific and Technical Committee composed of specialists in oilspill containment and cleanup technology from the University of Alaska and elsewhere. Authorizes appropriations for FY 1989 through 1999. Amends the Trans-Alaska Pipeline Authorization Act to raise the limit on strict liability claims against the Trans-Alaska Pipeline Liability Fund for oil spills from $100,000,000 to $750,000,000. Increases the joint and several liability of vessel owners from $14,000,000 to $70,000,000. Sets forth specified requirements with respect to such Fund. Title III: Provisions Applicable to Mississippi River Radio Communications on Mississippi River - Requires the Secretary to issue regulations to ensure that vessels transiting the Mississippi River shall have specified safety navigation capabilities.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 1 August 1989

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