This Year of the Ocean document was prepared as a background discussion paper and does not necessarily reflect the policies of the U.S. Government or the U.S. Government agencies that participated in its preparation.

The U.S. marine transportation system encompasses a network of navigable waters, publicly and privately owned vessels, port terminals, intermodal connections, shipyards, vessel repair facilities, and a trained labor pool operating and maintaining this infrastructure.

The United States is the world’s largest trading nation, accounting for over one billion metric tons or nearly 20 percent of the world’s oceanborne trade. Nonetheless, with international trade projected to triple by 2020, and with over 90 percent of this trade (by weight) projected to move by ocean, the capacity of the U.S. marine transportation system must increase. This includes bringing the physical infrastructure of the system, such as charts, vessel traffic services, and berths, up to world-class standards.

The larger vessels being built to accommodate increasing demands require deeper channels. Dredging operations that are necessary for the safe operation of vessels and port facilities raise environmental concerns regarding the disposal of dredged material. Additional environmental challenges include control of non-indigenous species, intentional and non-intentional emission of petroleum and other toxins, and physical damage to marine habitats caused by vessel and port operations.

Technological developments in shipbuilding, navigation information, communications, sensors, and cargo handling will improve safety and efficiency and allow smaller crews. As ships and transportation systems become more complex, training requirements will grow. Crews must be qualified and operate in accordance with international standards.

Regulatory authority already exists to manage and maintain the marine transportation system. However, the scope of improvements needed to remain globally competitive forces consideration of the need for better coordination among the many stakeholders, new funding mechanisms, and development of a Federal Waterways Management Plan.

Marine transportation is an integral component of the U.S. transportation system and is essential to the nation’s economy. By 2020, international trade will triple, with over 90 percent (by weight) moving via the ocean. Accordingly, the entire U.S. transportation infrastructure, including ports and waterways, must be able to handle this projected increase. The nation needs to plan for and manage future growth of marine transportation on its waterways.

The importance of waterways tends to be overlooked by the public when compared to air, rail, and highway systems. This can be attributed to the general lack of understanding of the contribution of ports and the waterways system to people’s daily lives as well as to national security. In many cases, as in international commerce, there is no alternative to moving goods by water. Thus, formal coordination and planning of marine transportation infrastructure improvements are needed as competition for use of the waterways and vessel size and complexity increase. For example, one consequence of inefficient waterway use would be an inability to meet "just-in-time" delivery requirements, resulting in higher costs for consumer goods.

Increasing the efficient use of waterways has additional economic and environmental benefits. The marine transportation system can relieve congestion in other transportation modes. Waterborne transportation is more fuel-efficient than other transportation modes and reduces propulsion emissions by one-third or more. Transporting bulk goods by water results in a 35 percent reduction in transportation costs, when compared to other modes.

Technological advances offer opportunities to counter the challenges that increasing trade and the continued growth in the length, width, and draft of ships present for the nation’s economy, environment, and port communities. In combination with computer and communication technology to integrate and deliver the data to mariners, the following advances will significantly reduce the risk of serious accidents and spills:

• full-bottom coverage survey equipment;
• electronic chart display and information systems;
• electronic charting systems;
• vessel traffic services;
• vessel transponders;
• real-time acquisition and delivery of data; and
• the differential global positioning system.

One study by the Woods Hole Oceanographic Institute estimates that an effective electronic charting system alone could do as much to reduce risks of oil and chemical spills as requiring tankers to have double hulls.

Marine safety will also benefit from improved communications and cooperation among federal, state, local authorities, and private interests.

The U.S. marine transportation system encompasses a national and global network of navigable ocean, lake, river, and inland waterway routes; the vessels that carry waterborne commerce; a complex of ports and terminals serving as intermodal points of transfer between the water system and the land-based transportation modes; ship operators; an extensive supplier base; and shipboard, shipyard, and longshore labor forces. The system includes over 3,500 bulk oil transfer facilities, 10,000 marinas, 18,000 bridges, a network of locks and dams, and 97,000 aids to navigation. Diverse groups of waterway users—commercial vessels making 70,000 port calls annually, 110,000 fishing vessels, and 20 million recreational vessels—vie for access to our waterways often with conflicting interests and purposes. Additionally, the general public is concerned about the waterways’ environmental health and esthetics.

As of October 1, 1997, the U.S. merchant marine—the fleet of privately owned, U.S.-registered ships, in foreign and domestic trades—totaled 356 vessels (286 oceangoing ships and 70 large Great Lakes vessels) with a capacity of approximately 15 million deadweight tons (dwt). In 1996, approximately 33,000 cargo carrying vessels and 8,000 tugs, ferries, passenger, and supply boats served the inland waterways, Great Lakes, and coastal trades. Overall, the U.S. water transportation industry employs 170,000 people on board ships and in supporting shoreside occupations. An additional 34,000 production workers are employed in the major shipyards, and thousands more work in smaller shipbuilding and ship repair facilities.

The United States is increasingly enjoying the benefits of growing international trade as trade barriers are eliminated. Currently, trade flows are growing faster than the gross domestic product. In 1996, approximately $590 billion of goods (41 percent of the total value of U.S. foreign trade, and a much larger share by weight), were carried on the ocean and passed through our ports. By comparison, air and overland transportation accounted for 27 and 31 percent, respectively, by value. Comparable statistics on the weight of truck, rail, and pipeline traffic between the United States and Canada/Mexico are not available.

The United States is the world’s largest trading nation, accounting for over one billion metric tons or nearly 20 percent of world oceanborne trade. The nine million barrels of oil the United States imports daily, the majority by water, is by far the largest single commodity handled anywhere. In fact, excluding Mexico and Canada, over 95 percent of overseas trade by tonnage is shipped by sea.

Despite the growth in U.S. foreign trade and numerous promotional programs designed to subsidize U.S.-flag operations, the U.S. maritime industry has struggled to compete effectively in the international shipping market. U.S.-flag ship operators continue to face substantial competition from foreign operators who have achieved equal or better productivity. Foreign operators enjoy substantially lower operating and capital costs with less stringent safety, construction, and environmental requirements. They also benefit from more modern shipyards, and less expensive labor from developing countries. Given these conditions, the role of the federal government in defining and protecting U.S. national interests will need to be addressed in the years ahead. The U.S. merchant fleet currently carries three percent of U.S.-foreign waterborne trade, with the remaining 97 percent hauled by foreign-flag operators.

Even though its share has declined, the quantity of cargo carried by the U.S. fleet generally has increased—from 25.2 million long tons in 1970 to 28.3 million long tons in 1996, a 12.5 percent increase. The absolute increase in cargo carried on U.S.-flag vessels reflects the deployment of larger, more productive U.S.-flag vessels since the 1970s.

Domestic Shipping

Domestic shipping includes commerce on the Great Lakes, the inland waterways, and in the domestic ocean trades. Annually, over one billion short tons of cargo move in the domestic trade (24 percent of all U.S. cargo on a ton-mile basis) at less than 2 percent of the entire domestic freight bill ($422 billion in 1995). U.S. domestic waterborne shipping generates $8 billion in annual freight revenue. Domestic shipping serves over 90 percent of the U.S. population, and carries approximately 65 million passengers each year on domestic vessel cruises and passenger ferries. Approximately 124,000 people are engaged in a variety of domestic shipping-related activities, including an estimated 80,000 employed in seafaring and non-seafaring positions on board U.S.-flag vessels operating in the coastwise and inland waterway trades. Long-standing U.S. law limits commerce between U.S. ports to U.S.-flag vessels.

There are 355 ports in the United States that handle cargoes at some 4,000 marine terminals. Ports and marine terminals are intermodal transfer points where cargo is moved from one mode of transportation to another. While the surface transportation is generally efficient, improvements are needed at the transfer points in our ports. The importance of these intermodal interchange points is recognized in the National Highway System Designation Act of 1995. The Act identifies 240 connectors between the nation’s highway system and the 150 port and marine terminals that handle nearly all U.S. waterborne freight.. Predicted growth in international waterborne commerce will increase the demands on U.S. ports’ infrastructure, intermodal connectors, and the entire transportation system. The infrastructure of U.S. ports is critical for national economic health and protection of U.S. national security interests.

Ports must be able to accommodate the larger vessels coming into service. Ports must also upgrade cargo-handling equipment and operational procedures to increase the speed and volume of cargo throughput. In general, larger and faster ships and advanced port container-handling equipment will enable terminal operators to move more cargo and increase labor productivity. The labor force of the future will have to be highly skilled to operate the equipment and systems needed for tomorrow’s ports. Unless necessary port infrastructure improvements are completed in a timely and cost-effective manner, some major ports could lose business to other U.S. or non-U.S. ports.

To exploit fully the cost efficiencies of the new "mega" ships, large carriers will limit vessel calls to major load center ("hub") ports. Some hub ports exist today, but by 2020, they will become the preferred distribution points on high-volume trade routes fed by domestic coastal "relay" operations. Smaller ports will take on a new role as they become part of a network of coastal trade facilities.

The deployment of larger ships will increase dredging concerns—both the physical capability to handle large ships and the environmentally sound and cost-effective disposal of dredged material. Large vessels (6,000 twenty-foot equivalent units (TEUs)) require a minimum channel depth of 15 meters (49 feet), increasing only marginally to 15.3-15.5 meters (to 51 feet) for 8,000-10,000 TEU ships.

In addition to the growth in trade, environmental concerns and a need to relieve road and rail congestion will drive coastwise expansion of markets for movement of freight and passengers.

Shipbuilding and Repair

The United States shipbuilding and repair industry is an aggregate of more than 280 privately owned facilities. These facilities are located in more than 150 cities, in 30 states and Puerto Rico. Eighteen of the U.S. facilities comprise the Major Shipbuilding Base (MSB). The MSB includes shipyards having at least one shipbuilding position consisting of an inclined way, a launching platform, or a building basin capable of accommodating a vessel of at least 122 meters in length. With few exceptions, these shipbuilding facilities are also major repair facilities with drydocking capability. As of January 1, 1997, the total production workforce in the MSB was 34,591—of which 3,974 were engaged in constructing vessels for commercial operations. Second-tier shipyards, comprised of small or medium size facilities, engage primarily in the construction of vessels for use on the inland and coastal waterways as well as for foreign markets.

Around 2020, shipyards will begin building vessels to replace those being built today. Sufficient capacity will be available. The integration of ship design and production processes, and the use of robotics and electronically controlled assembly will result in more efficient, cost-effective and timely ship construction. While Far East shipyards will continue to dominate shipbuilding, Japan and South Korea are expected to be less dominant, as China, India, Malaysia and Singapore capture increased market share. Pacific Rim shipyards are also expected to enter markets for more sophisticated vessels.

Transport by water is generally the most economical and efficient means to move goods. Efficient, well managed ports and waterways benefit every American by keeping waterborne commerce flowing. This, in turn, keeps shipping costs down and ultimately makes products more affordable.

The demand for waterborne cargo initiates a chain of economic activity, which contributes to the overall national economy. This activity generates 15.9 million jobs throughout the country and contributes $78.6 billion to the GDP. For example, with increased farm production, for U.S. farmers to be competitive globally, there must be low-cost and efficient marine transportation to deliver their products to overseas markets.

Marine transportation, including ports and waterways, is vital to our national security. With the recent reduction of U.S. forces and forward basing of equipment overseas, the ability to rapidly deploy troops and material worldwide is even more critical. During the Gulf War, for example, 95 percent of the supplies for U.S. forces went by ship.

Shifts in trade patterns will have direct impacts on shipping demand. Trade routes will change in response to available labor pools and markets. As labor-intensive manufacturing continues to migrate from North to South America and eastern to western Asia in search of lower-cost labor, shipping from U.S. East Coast ports via the Suez Canal may become more attractive than trans-Pacific routing. This could reverse the current west-to-east flow of Asian imports.

Within the United States, domestic waterborne commerce may benefit by a shift in dry cargo shipments from congested highway and rail corridors to coastal waterways. Development of effective intermodal interfaces could also promote domestic trade growth. For example, domestic tug-barge service throughout the Great Lakes, inland waterways, and coastal ocean trades, could provide an integrated water route for Canada-U.S.-Mexico trade.

Substantial capital investment—both private and public—in new ships, related equipment, and physical intermodal infrastructure, will be required to meet growing transportation demands. New financing mechanisms will be needed to meet the unique requirements of ports and waterways which do not benefit from direct public use and attention. Future capital requirements and priorities must be set for the allocation of available funds. Increased congestion on the interstate highway system, for example, will provide an incentive to shift investment toward maritime and rail service; however, without greater public appreciation of the importance and value of marine transportation, public funds will continue to be directed towards the immediate needs of land transportation. The increased globalization of the U.S. economy and increased demand for transportation services must be factored into transportation investment decisions.

New vessel designs and propulsion and energy sources will produce larger, faster, more efficient ships, particularly in the high-volume line-haul trades from the Far East to Europe and the United States. Containerships introduced into service in the 1960s with capacities of less than 500 TEUs, have been replaced by ships that can carry approximately 6,000 TEUs. Carriers planning for increased cargo volume have ordered vessels that can carry over 8,000 TEUs. By 2010, ships carrying 13,000 TEUs are possible. However, this prospect raises concerns about port capacity and the ability of intermodal connections to move cargo away from a port to its destination. The limited channel depth of many ports will create more demand for vessels with smaller draft, including tug-barges, to transship cargo to final regional distribution ports.

Component miniaturize has applications in vessel technology. The capability to produce higher amounts of power with smaller generators will result in a significant fuel savings and a reduction in noxious emissions. Fuel cell development could lead to an environmentally friendly propulsion alternative for the future.

Integrated navigation and communications systems utilizing global positioning, electronic chart display, improved data and voice transmission capabilities, and the military’s "glass cockpit" technology will improve safety. Onboard automation will further increase productivity. A ship with a crew of 50 seafarers in 1960 and 8, 16, or 21 today could have as few as 4 by 2020.

Even as ships become larger and average crew sizes smaller, the current shortage of adequately trained mariners will continue worldwide as trade triples by 2020. As ships and transportation systems become more complex, training requirements will grow. Advances in human factors technology and applications of system safety principles will demand better training and performance testing of personnel. Highly trained people will be required for most positions and this will result in a demand for skilled U.S. seafarers, especially as the difference between U.S. and foreign wages decreases.

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¹Heads-up display where information is projected or appears on the glass window or cockpit through which the operator is looking.

Increased public concern for safety and protection of the environment will accelerate the movement toward enhanced international requirements for vessel safety, environmental protection, and crew qualifications.

There are many laws and international treaties that govern our waterways and their use. Although many federal agencies exercise specific authorities, section 101 of Title 49 United States Code (U.S.C.) gives the Department of Transportation the responsibility to oversee the national transportation system. Other authorities relevant to marine transportation can be found in U.S.C Titles 14, 16, 19, 33, 46 and 49, and in international treaties.

Under International Maritime Organization (IMO) resolutions to become effective in 2002, the United States and the member nations of the European Union (EU) have pledged to verify that ships calling in ports under their jurisdiction are in compliance with international standards of ship safety, training, operation, and construction. The uniformity and enforcement of these regulations will ensure that carriers have equitable safety and training costs. With U.S. leadership, operational safety in U.S. and EU ports should improve significantly; efforts will need to be directed to worldwide acceptance of these standards among all maritime nations.

The use of double-hulls and other design features will decrease the possibility of an oil spill if a vessel goes aground or is involved in a collision. The Oil Pollution Action of 1990 requires all oil tankers and barges calling at U.S. ports to have double-hulls by 2015. In addition, under IMO regulations, newly constructed tankers must have a double hull or equivalent protection.

Although the U.S. marine transportation system is extensive and currently capable of handling vast amounts of cargo, it is not without problems. Investment and technological deficiencies hinder growth, and a variety of users have expressed their concerns. For example, Intertanko, an organization of foreign-flag tanker owners and operators whose members’ ships carry 60 percent of oil and petrochemical shipments to and from the United States, notes that U.S. ports are being pushed to the limits of their capability. They further contend that it is an anomaly that tankers that approach U.S. terminals do so without the support of a modern vessel traffic system. These tankers must often base their approach on 50 year old charts, are instructed to approach a berth on less than adequate water draft, and finally moor at a berth that was designed to accommodate ships much smaller than a modern tanker.

The President of Sea-Land, a major U.S. and global liner and shipping company, has stated that successful U.S. ports of the future will be those that have appropriate road and rail connections and deep harbors to accommodate the larger, newer vessels. He warns that the Port Authority of New York/New Jersey could lose 20 percent of its international cargo by 2015 unless its channels are deepened beyond 40 feet.

The Center for Naval Analysis notes that responsibility for managing U.S. ports and its waterways system is spread among various federal agencies and stakeholders. Management is fragmented and there is no mechanism for coordination. The Center further indicates that unless all entities work together in unison, it will not be possible to ensure that all ships and cargoes can move efficiently into and out of U.S. ports, global prices will rise, and U. S. global competitiveness will drop.

Actively involving waterway users and stakeholders in comprehensive planning will aid in consensus building that balances the needs of all. Waterways management is currently the product of a loosely coupled system of customers and stakeholders. Analyses show that waterways management policies, procedures, and standards are inconsistent from port to port, from region to region, and from nation to nation. Waterway users want a seamless transportation system from the point of origin to destination. Waterway managers, speaking with one voice and working together, can achieve this objective. At the local level, ports need to be more customer-focused to give waterway users a greater degree of consistent, "one stop-shopping" for port information, services and to satisfy all regulatory requirements.

As demand for use of limited waterway space increases, the public expects the government to ensure the safety of the marine transportation system and to protect the marine environment. The public also expects an infrastructure that adequately meets the nation’s needs, even though much of the landside facilities are provided by non-federal entities. Coordination of public and private efforts is needed to meet this challenge.

As a military and economic superpower, the United States must be prepared to respond to regional conflicts around the globe that threaten U.S. national security or economic interests. The Department of Defense (DoD) will deploy smaller, but more efficient, military forces to protect vital national interests and rely on "just-in-time" logistics for improved defense equipment inventory management and force projection capability.

To maximize DoD’s logistics capability and minimize its cost, future defense transportation requirements will be met by increased reliance on the U.S. commercial transportation sector. As security threats or natural disasters occur, the United States will use not only sealift, but the entire intermodal transportation system, to deploy quickly and sustain its forces.

For general (dry) cargoes, the Maritime Security Program, and the Voluntary Intermodal Sealift Agreement program, assure a cost-effective way to provide DoD with a worldwide network of container ships, terminals, and experienced personnel for sealift requirements.

For petroleum cargoes, the Voluntary Tanker Agreement that provides a mechanism for U.S. tanker owners to make their vessels available to DoD for point-to-point transport of military fuels and lubricants. This agreement is designed to meet contingency or war requirements, it is not applicable to peacetime re-supply operations normally addressed by commercial type charters.

Complementing these resources are the vessels and crews employed in the domestic waterborne trades. Under section 27 of the Merchant Marine Act of 1920, known as the Jones Act, coastal and inland trades are reserved for U.S.-citizen owned vessels built in the United States, which meet U.S.-citizen crew requirements. Over 75 percent of the oceangoing Jones Act vessels are militarily useful, as defined by DoD, and the pool of seafarers with experience on these vessels has been relied upon to operate government-owned reserve fleet vessels for many missions.

The immense size of the marine transportation infrastructure and the fact that much is located in sensitive coastal environments raise concerns over possible environmental impacts to marine ecosystems. Dredging operations that are necessary for the safe and operational function of port facilities raise environmental concerns regarding the disposal of dredged material. The purpose of many statutes and regulations is to prevent environmental damage when building or utilizing the marine transportation system.

Dredging is necessary for many ports to remain operational and accommodate a wide diversity of transport vessels. However, deeper dredging may expose concentrated toxins that are currently sealed by a layer of silt and clay. An example of this is the ketones disposed of by old industrial processes at the mouth of the James River. Dredging in this area would create an environmental disaster. The disposal of dredge spoils has become a major environmental concern in conflict with port and waterway development.

In response to environmental concern over the ocean disposal of material, the United States Congress enacted the Marine Protection, Research, and Sanctuaries Act (MPRSA) to address and control the dumping of materials into ocean waters. As a result, all operations involving the transport and disposal of dredged material are evaluated, disposal sites are designated and selected to reduce environmental impacts, and monitoring programs are established by the Environmental Protection Agency and the U.S. Army Corps of Engineers to ensure unnecessary environmental degradation.

Plants, animals, and microorganisms are incidentally transported through ballast water from their natural habitats to other areas of the globe. Without local predators, they can become an invasive nuisance and overwhelm indigenous populations. Zebra mussel larvae, introduced to the United States waters, have become widespread and can clog the water intake pipes of plant operations. Control and eradication efforts are costly. San Francisco Bay is home to some 230 invasive species, the largest introduced population in the nation.

Marine paints incorporate biocides to inhibit corrosion and colonization and growth of marine sessile organisms. These paints reduce hull maintenance downtime, increase vessel speed by reducing drag, and improve fuel consumption. The biocides that make marine paints effective can damage non-target aquatic species. The "Organotin Paint Control Act of 1987" has greatly reduced levels of the toxin TBT in waterways, while still making marine paints with biocides available for the commercial fleets.

Petroleum products spilled into waterways can have both short and long term effects on water quality. Massive oil spills can be very damaging; however, it is the collective contribution of small amounts of petroleum products due to leakage, accidents, and runoff from roadways, rail yards, and parking lots that introduce a large amount of oil and petroleum products into the marine environment. Much effort and regulatory attention has been made to prevent the large spills, but much needs to be done to prevent the many small pollution sources.

Physical damage to sensitive aquatic habitats from vessel groundings is another concern. The recovery of lost and damaged corals due to a recent grounding of a large commercial vessel in the Florida Keys National Marine Sanctuary (FKNMS), is a long and slow process. Recovery from the incidental damage to local fisheries and tourism can also be slow. Establishing marine protected areas such as the FKNMS will help to keep vessels clear of these sensitive areas.

Marine transportation activities come under an environmental regulatory framework that is both national and international in scale. Most of these regulations are directed at controlling or preventing water pollution. As science better understands the movement, fate, and effects of a wide variety of pollutants, additional control policies will be created. Marine transportation must facilitate commerce without damaging marine ecosystems.

The U.S. maritime industry has been a leader in developing and applying technology to lower transportation costs, improve service to shippers, increased safety, ensure environmental protection, and provide sealift to the U.S. armed forces in times of national emergency. It has dramatically improved productivity through innovative and creative application of technologies.

Technology offers tools to increase safety and efficiency. By 2020, advances in computer information and communications technologies will further change the way transportation and business activities are organized.

Critical to safe and efficient movement of marine traffic is a modern navigation information infrastructure. This infrastructure includes accurate electronic charts, reliable positioning systems, real time environmental information (winds, waves, tides, water levels) and a vessel traffic management system. Developing accurate charts will require a comprehensive bottom survey program using state-of-the-art technology. There are many areas of U.S. coastal waters and harbors that have not been surveyed in 50 years. The introduction of deeper draft ships as well as facilities’ construction, channeling, and natural silting justify newer surveys. This is especially critical in areas where there is minimal under-keel clearance available to ships.

The Differential Global Positioning System) and the Electronic Charting Display and Information System are replacing traditional navigational methods. Electronic navigation systems are likely to improve safety overall, but may introduce new complexities and new opportunities for human error. These systems will require new training and qualification programs for mariners. Looking back historically to the introduction of radar, one might also expect that some of the safety advantages of electronic navigation systems will translate into increased transportation throughput.

Automatic identification system transponder capability will improve mariners’ and ashore managers’ job performance by providing more comprehensive information frequently and unobtrusively. Digitized communications on demand will lessen reliance on traditional VHF voice communications, which are reaching airwave saturation. Sensing communications and information technologies offer big improvements in how things are done in the marine industry. "Smart" systems can tell mariners what is happening with their ship, independent of their own observation. Many traditional systems, like stability books, can be enhanced with updated technology.

Advances in marine technology will change vessel design, operating procedures, and manning levels. These advances will offer the potential for rapid increases in transportation throughout and highlight the need for streamlined, responsive, performance-oriented regulations. Industry will demand greater involvement in the policy-making and regulatory processes to take advantage of innovative approaches and to stay competitive.

Effective use of technology can increase the capacity of marine transportation while maintaining safety and protecting the environment. To that end, the development and effective use of risk assessment techniques are essential. Coordinated research and development to assess the complexity and coupling of systems is important.

In general, technological advances will be critical factors in ensuring that the overall transportation system is brought to its full potential in terms of life-cycle economics (the cost of acquisition, operation, maintenance, and disposal of an item), energy efficiency, and minimal societal impacts. The rapid advance of technological capabilities has not been matched by the government’s ability to establish standards that deploy its use, nationally and internationally. When the marine industry is ready to use a technology, such as the Electronic Charting Display and Information System, it expects there to be a national standard in conformity with international conventions. A national policy and mechanism for better coordination on issues such as these would represent a giant step toward providing the technology wanted by the maritime industry. Federal resources for maritime research and development have declined significantly, leading to a reduction in important R&D activities and elimination of some crucial programs at the very time that R&D is needed to meet the challenges.

As technological advances become more sophisticated, the interface between man and machine becomes increasingly complex. In considering this human element interface, one must recognize that to achieve the world’s safest, most cost-effective, and environmentally sound maritime transportation system, the role of people in preventing casualties and pollution must be emphasized. Advances in technology on board vessels and in the marine transportation infrastructure have reduced the number of casualties due to engineering or structural failures to less than 20 percent.

Studies of recent casualties show that human factors cause 75-95 percent of all marine accidents. This indicates an engineering success story; however, it also indicates that to make additional gains, the issues involving the role and impact of people must be addressed. Management, training, work environment, behavior, and technology are all elements that influence how people will perform. Future improvements to the U.S. marine transportation system must include human element considerations.

Improving marine transportation will require a number of actions to improve the focus, coordination, planning, research, and management for ports, waterways, and their intermodal connections. Investment in the marine transportation system should take several forms:

• technology assessment and application

• risk management development and application

• active involvement at all levels with the user community, environmental interests, Congress, states, and other federal agencies.

Federal agencies need to take an active role in marine transportation and waterways management at the local and national levels. They need to work with industry and other affected stakeholders to resolve problems and, where appropriate, provide federal funding for projects and services.

In light of budget cutbacks, the maritime industry, local governments, and the Federal
Government should explore partnership funding arrangements to:

• Recognize the marine transportation system as a critical element in transportation legislation (such as ISTEA or subsequent legislation).

• Develop federal ports and waterways.

• Implement pollution prevention and response initiatives recommended by the Interagency R&D Committee established under the Oil Pollution Act of 1990.

• Conduct research and development in areas where commercial interests alone are not sufficient to justify work in the private sector.

• Develop a long-term comprehensive dredged material management plan for the U.S.

• Develop a "model port" concept.

Marine transportation is one of the more important uses of the ocean. There will be increased demand on U.S. ports and waterways, which are already reaching maximum capacity. Increased use of waterways and port facilities must be achieved while still protecting human health and the environment. National leadership, in partnership with private and public stakeholders, can help to ensure that the marine transportation system meets the nation’s needs into the 21st Century.

• Deepwater Port Act of 1974 (33 U.S.C. §§ 1501 et seq.)
• Ports and Waterways Safety Act of 1972 (33 U.S.C. §§ 1221-1236)
• Rivers and Harbors Act of 1899 (33 U.S.C. § 401 et seq.)
• Bridges over Navigable Waters (33 U.S.C. §§ 491-535)
• Coast and Geodetic Survey Act (33 U.S.C. §§ 883a-k
• Inland Navigational Rules (33 U.S.C. §§ 2001-2073)
• International Regulations for Preventing Collisions at Sea (33 U.S.C. §§ 1601-1608)
• Wreck Act (33 U.S.C. § 409 et seq.)
• Title 46 United States Code
• Harter Act (46 App. U.S.C. §§ 190-195)
• Carriage of Goods by Sea Act (46 App. U.S.C. §§ 1300-1315)
• Interstate Commerce Act (49 U.S.C. §§ 10101 et seq.)
• Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240)
• Merchant Marine Act of 1920 (46 App. U.S.C. §§ 861 et seq.)
• Merchant Marine Act of 1928 (46 App. U.S.C. § 891)
• Merchant Marine Act of 1936 (56 App. U.S.C. §§ 1101 et seq.)
• Shipping Act of 1916 (46 App. U.S.C. §§ 801 et seq.)
• Shipping Act of 1984 (46 App. U.S.C. §§ 1701-1720)
• Admiralty Extension Act (46 U.S.C. § 740)
• Death on the High Seas Act (46 U.S.C. § 761)
• Jones Act (46 App. U.S.C. § 688)
• Limitation of Shipowner Liability Act (46 App. U.S.C. §§ 181-185)
• Longshore and Harbor Workers Compensation Act (33 U.S.C. §§ 901 et seq.)
• Public Vessel Act (46 U.S.C. §§ 781-790)
• Suits in Admiralty Act (46 U.S.C. §§ 741-752)
• Title 46, U.S.C., SUBTITLE III
• Act to Prevent Pollution from Ships (33 U.S.C. §§ 1901 et seq.)
• Clean Air Act (42 U.S.C. §§ 7401 et seq.)
• Clean Vessel Act of 1992, subtitle F, §§ 5601 to 5608, (33 U.S.C. §1322 note)
• Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.)
• Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.)
• Florida Keys National Marine Sanctuary Act (P.L. 101-605)
• Hazardous Materials Transportation Act (49 U.S.C. §§ 1801-1813)
• National Marine Sanctuaries Act (16 U.S.C. §§1431 et seq.)
• Ocean Dumping Act (33 U.S.C. §§ 1401 et seq.)
• Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 et seq.)
• Organotin Anti-Fouling Paint Control Act of 1988 (33 U.S.C. §§ 2401 et seq.)
• Shore Protection Act of 1988 (33 U.S.C. §§ 2601 et seq.)
• U.S. Public Vessel Medical Waste Anti-Dumping Act of 1988 (33 U.S.C. §§ 2501 et seq.)

The legal regime covering this topic is based on a collection of important federal statutory authorities. The following is a brief description of some of those authorities relating to maritime transportation. The list is selective and is designed to illustrate some major maritime transportation acts. The list is not meant to be comprehensive.

I. PORTS AND WATERWAYS

Deepwater Port Act of 1974, as amended, 33 U.S.C. §§ 1501 et seq.

The Act creates the regulatory regime for the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States. The Act provides for the protection of the marine and coastal environments and the rights and responsibilities of states and local communities. Deepwater ports are non-vessel, fixed or floating manmade structures that are used as a port or terminal for the loading, unloading, or handling of oil for transportation to a state. The Secretary of Transportation issues deepwater port permits; however, the National Oceanic and Atmospheric Administration advises the Department of Transportation on the environmental review criteria for deepwater port applications, the site evaluation and preconstruction testing at potential locations, and the designation of "adjacent coastal state" status (in other words, if the state is subject to equal or greater risk than the state directly connected to the port by pipeline).

Ports and Waterways Safety Act of 1972, as amended, (PWSA), 33 U.S.C. §§ 1221-1236

The PWSA, as amended by the Port and Tanker Safety Act of 1978, P.L. 95-474, and the Oil Pollution Act of 1990 (OPA), is designed to promote navigation, vessel safety, and protection of the marine environment. Generally, the PWSA applies in any port or place under the jurisdiction of the United States, or in any area covered by an international agreement negotiated pursuant to section. 33 CFR 2.05-30 defines waters subject to the jurisdiction of the U.S. as navigable waters, other waters on lands owned by the U.S., and waters within U.S. territories and possessions of the U.S.

The PWSA authorizes the U.S. Coast Guard (USCG) to establish vessel traffic service/separation schemes (VTSS) for ports, harbors, and other waters subject to congested vessel traffic. The VTSS apply to commercial ships, other than fishing vessels, weighing 300 gross tons (270 gross metric tons) or more. The OPA amended the PWSA to mandate that appropriate vessels must comply with the VTSS.

The PWSA was amended by the Port and Tanker Safety Act of 1978 (PTSA), P.L. 95-474. Under the PTSA, Congress finds: that navigation and vessel safety and protection of the marine environment are matters of major national importance; that increased vessel traffic in the Nation’s ports and waterways creates substantial hazard to life, property or the marine environment; that increased supervision of vessel and port operations is necessary in order to (1) reduce the possibility of vessel or cargo loss, or damage to life, property or the marine environment; (2) prevent damage to structures in, on, or immediately adjacent to the navigable waters of the United States or the resources within such waters; (3) insure that vessels operating in the navigable waters of the United States shall comply with all applicable standards and requirements for vessel construction, equipment, manning and operational procedures; and (4) insure that the handling of dangerous articles and substances on the structures in, on, or immediately adjacent to the navigable waters of the United States is conducted in accordance with established standards and requirements; and that advance planning is critical in determining proper and adequate protective measures for the Nation’s ports and waterways and the marine environment, with continuing consultation with other federal agencies, state representatives, affected users and the general public, in the development and implementation of such measures.

The PTSA provided broader regulatory authority over regulated and non-regulated areas. The PTSA provided for improvements in the supervision and control of all types of vessels operating in navigable waters of the United States, and in the safety of foreign or domestic tank vessels that transport or transfer oil or hazardous cargoes in ports or places subject to United States Jurisdiction. The PTSA also reflects certain tank vessel standards and requirements accepted internationally, specifically those developed by the International Conference on Tanker Safety and Pollution Prevention.

Rivers and Harbors Act of 1899, as amended, (RHA), 33 U.S.C. § 401 et seq.

The RHA prohibits the unauthorized obstruction of navigable waters of the United States. The construction of any structure or the excavation of or deposit of fill in the navigable waters of the United States is prohibited without a permit from the Army Corps of Engineers. The Act also prohibits the discharge of refuse and other substances into navigable waters, but this aspect of the RHA has been largely superseded by the Clean Water Act.

II. NAVIGATION

Bridges over Navigable Waters, 33 U.S.C. §§ 491-535

The sections within Title 33 between sections 491 and 535 area a collection of several bridge laws that are intended to prevent any interference with navigable waters of the U.S. whether by bridges, dams, dikes or other obstructions to navigation except by express permission of the U.S. The Secretary of Transportation’s authority has been delegated to the Commandant of the Coast Guard. There is, however, an advance approval category where the Commandant has given his advance approval for bridges over waters navigable in law but not navigable in fact. See 33 CFR 115.70.

Coast and Geodetic Survey Act, as amended, 33 U.S.C. §§ 883a-k

The Secretary of Commerce is authorized to conduct hydrographic and topographic surveys, tide and current observations, geodetic-control surveys, field surveys for aeronautical charts, and geomagnetic, seismological, gravity, and related geophysical measurements to provide nautical and aeronautical charts and other information for safe marine and air navigation. Also, these charts and information have commercial and industrial uses and fulfill engineering and scientific purposes. This information is collected, assimilated, and distributed by the National Oceanic and Atmospheric Administration under its authority in the Act.

Inland Navigational Rules, as amended, 33 U.S.C. §§ 2001-2073

The Inland Navigational Rules provides regulations that govern ship navigation for vessels upon the inland waters of the United States, and to U.S. vessels on the Canadian waters of the Great Lakes to the extent there is no conflict with Canadian law.

International Regulations for Preventing Collisions at Sea, as amended, (72 COLREGS), 33 U.S.C. §§ 1601-1608

The International Regulations for Preventing Collisions at Sea provides binding comprehensive regulations for the prevention of collisions on the water. The 72 COLREGS apply beyond established demarcation lines. In the United States, the 72 COLREGS govern ship navigation on non-internal waters. The scope of the 72 COLREGS include Steering and Sailing Rules, e.g., conduct of vessels in sight of one another, conduct of vessels in restricted visibility; Lights and Shapes, and Sound and Light Signals. The statute also contains special provisions for ships of war, vessels proceeding under convoy, and fishing vessels engaged in fishing as a fleet. Civil penalties may be assessed for violations of the 72 COLREGS.

Wreck Act, as amended, 33 U.S.C. § 409 et seq.

The Act prohibits the anchoring or tying of vessels or other craft in navigable waters in a manner that prevents or obstructs passage of other vessels or craft. Also, the Act places a duty on an owner, lessee or operator of a vessel, raft or other craft that has sunk in a navigable channel to mark the wreck with a buoy or beacon and to maintain such marker until the wreck is removed or abandoned. The owner, lessee, or operator has the duty to commence the immediate removal of the wreck.

3. VESSELS, CARGO, PASSENGERS

Title 46 of the United States Code is integral to maritime transportation as it comprehensively addresses shipping. Title 46 is broken down into three general subtitles:

(I) General; (II) Vessels and Seamen; and (III) Maritime Liability. Subtitle II contains laws governing vessels, cargo and passengers including, for example, laws pertaining to design and construction of vessels, vessel manning and pilotage, and carriage of cargo or passengers.

Subtitle II - Vessels and Seamen (Chapter 21 through Chapter 147)

Part A—General Provisions (Chapters 21 and 23)

Part A provides general and limited definitions applicable to sections within Subtitle II; provides the basic authority and responsibility for enforcement and administration of the subtitle. Secretary is defined as the "head of the department in which the U.S. Coast Guard (USCG) is operating"; presently the Secretary of Transportation. The Secretary has general superintendence authority over the U.S. merchant marine and its personnel (section 2103). Chapter 21 provides authority for the Secretary to delegate to the USCG the duties and powers conferred by subtitle II (section 2104). The chapter also provides that when a vessel in liable in rem, the vessel may be libeled and proceeded against in the U.S. district court where the vessel is found (section 2106). Civil penalty procedures are provided in sections 2107-2108. Section 2109 expressly exempts that application of subtitle II to a public vessel of the United States although it does apply to Department of Transportation vessels, except USCG and Saint Lawrence Seaway Development Corporation vessels. Section 2110 authorizes fees for services or other things provided by the Secretary under the subtitle, with procedures therefor and limitations thereon. Section 2113 provides authority for the Secretary to exempt certain vessels from the application of provisions of subtitle II. Section 2114 provides protection for any seaman who reports a violation of the subtitle.

Chapter 23 (Operation of Vessels Generally; sections 2301-2306) provides for penalties and injunctive relief for negligent operation of vessels (section 2302, 2305); duties related to marine casualty assistance and information and providing assistance at sea (section 2303-2304); and vessel reporting requirements (section 2306).

Part B - Inspection and Regulation of Vessels (Chapters 31 through 47)

Part B provides authority and responsibility for the inspection and regulation of vessels by the U.S. Coast Guard. Part B specifies vessels subject to inspection and inspection procedures, as well as vessels exempt from inspection.

Chapter 31 (General; sections 3101-3102) provides authority for the President to suspend inspection requirements for foreign flag vessels registered in the United States. It also provided for immersion suits.

Chapter 32 (Management of Vessels; sections 3201-3205) requires the Secretary to prescribe regulations which establish a safety management system addressing, for example, safety and environmental protection, and procedures for safe operation of vessels in compliance with U.S. and international law, for responsible vessels and persons subject to the chapter. The Secretary shall issue Safety Management Certificates and a Document of Compliance to requesters complying with safety management plans.

Chapter 33 (Inspections Generally; sections 3301-3318) provides the requirements and procedures for inspection of vessels. Vessels subject to inspection include freight vessels, nautical school vessels, passenger vessels, seagoing barges, and tank vessels. Vessels exempt from inspection in certain circumstances include fishing vessels and certain fish processing vessels (sections 3301-3302). Reciprocity for foreign vessels is provided in section 3303. The Secretary is directed to issue regulations for proper execution of Part B. Certificates of inspection are issued to vessels successfully meeting inspection requirements and are required to be on board the vessel to operate; compliance with certificates of inspection is required (sections 3309-3314). Penalties may be assessed for violation of Part B (section 3318).

Chapter 35 (Carriage of Passengers; sections 3501-3506) governs the carriage of passengers. Certificates of inspection shall include the number of passengers a vessel is authorized to carry and liability may result for exceeding that number (section 3501). Persons in charge of specified vessels must keep a correct list of passengers, including a correct count (section 3502). Persons selling passage to a ship with accommodations of 50 or more passengers must notify prospective passengers of the vessels safety standards; violations are subject to civil penalties (section 3504). Foreign vessels are prohibited from departing a U.S. port with passengers who embarked at that port if the Secretary finds that the vessel does not comply with the standards in the International Convention for the Safety of Life at Sea (SOLAS) (section 3505).

Chapter 37 (Carriage of Liquid Bulk Dangerous Cargoes; sections 3701-3718) governs the carriage of liquid bulk dangerous cargoes such as oil or hazardous materials. The chapter applies to any tank vessel operating in U.S. navigable waters or transferring oil or hazardous materials in any port subject to U.S. jurisdiction, with exemptions for certain vessels (section 3702). The Secretary is required to issue regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels subject to the chapter, necessary to protect life and property, for navigation and vessel safety, and protection of the marine environment (section 3703; regulations are found in 33 CFR and 46 CFR). Minimum standards for tank vessel construction are provided (section 3703a); requirements for coastwise trade vessels (section 3704); as well as minimum standards for crude oil tankers, product carriers, tankers, and self-propelled tank vessels, with certain exemption as authorized by the Secretary (sections 3705-3709). The Secretary is directed to establish a marine safety information system to contain information about vessels subject to the chapter (section 3717). Civil or criminal penalties may be assessed for violations of the chapter, including revocation of Customs Service clearance (section 3718).

Chapter 39 (Carriage of Animals; sections 3901-3902) provides authority for the Secretary of Agriculture to prescribe regulations governing the accommodations for the export of animals, and provides for penalties for violations of such regulations.

Chapter 41 (Uninspected Vessels Generally; sections 4101-4106) applies to vessels not subject to inspection and certification requirements of chapter 33. Such vessels must comply with certain minimum safety requirements (section 4102). Uninspected passenger vessels are subject to the requirements of chapter 43 pertaining to recreational vessels (section 4105).

Chapter 43 (Recreational Vessels; sections 4301-4311) contains the laws applicable to recreational vessels. The Secretary is authorized to issue regulations establishing, for example, minimum safety and equipment standards (section 4302; regulations are found in 19 CFR, 33 CFR, 46 CFR). The chapter expressly preempts state law establishment of a recreational vessel or associated equipment performance or other safety standard that is not identical to a regulations under section 4302 (section 4306). Persons are prohibited from manufacturing, constructing, offering for sale or introducing into interstate commerce, or import into the United States a recreational vessel, associated equipment, or component thereof unless it conforms with the chapter and regulations thereunder, does not contain an identified defect creating a substantial risk of personal injury to the public, or is intended only for export and is so labeled. Nor may a person operated a vessel in violation of the chapter or regulations thereunder (section 4307). Recreational vessel manufacturers subject to the chapter must maintain record and reports and provide information to the Secretary to enable the Secretary to identify whether the manufacturer has acted in compliance with the chapter or regulations thereunder (section 4309). Recreational vessel and associated equipment manufacturers must provide notification of a defect or failure of compliance if discovered (section 4310). Criminal and civil penalties, including injunction, for violations of the chapter (section 4311).

Chapter 45 (Uninspected Commercial Fishing Industry Vessels; sections 4501-4508) provides requirements, standards and procedures applicable to uninspected fishing vessels, fish processing vessels, or fish tender vessels. The chapter also directed the Secretary to establish a Commercial Fishing Industry Vessel Advisory Committee.

Part C - Load Lines of Vessels (Chapter 51)

Chapter 51 (Load Lines; sections 5101-5116) provides for the assignment of load lines and issuance of load line certificates to vessels. The chapter also requires certain classes of vessels (e.g., vessels of the U.S., vessels on the navigable waters of the U.S., public vessels of the U.S. (except vessels of war)) to be marked with load lines. A vessel may be operated only if it has been assigned load lines (section 5103). The chapter provides reciprocity for foreign vessels under certain conditions (section 5109). A vessel may not be loaded in a way that submerges the assigned load line or the place at which the load line is required to be marked on the vessel (section 5112). The Secretary is authorized to detain a vessel from leaving a place in the United States in violation of the chapter or regulations thereunder (section 5113), and may, with the approval of the Secretary of the Treasury, use a Customs Service officer to enforce the chapter (section 5114). Civil and criminal penalties may be assessed for violations of the chapter (section 5116).

Part D - Marine Casualties (Chapters 61 and 63)

Chapters 61 (Reporting Marine Casualties; sections 6101-6104) and 63 (Investigating Marine Casualties; sections 6301-6307) govern procedures and requirements for reporting and investigating marine casualties. Chapter 61 provides for reporting of marine casualties (e.g., death or serious injury, material loss of property, significant harm to the environment). Penalties may be assessed for failure to report a marine casualty (section 6103). The Secretary is directed to issue regulations for a uniform state marine casualty report system for vessels (section 6102). Chapter 63 directs the Secretary to issue regulations for the immediate investigation of marine casualties. Marine casualty regulations are found 46 CFR.

Part E - Merchant Seamen Licenses, Certificates, and Documents (Chapters 71-77)

Part E established the U.S. Coast Guard’s authority to issue, suspend and revoke licenses, certificates of registry, and merchant mariner’s documents for individuals engaged on U.S. vessels. Chapter 71 (sections 7101- 7114) governs licenses and certificates of registry; chapter 73 (sections 7301- 7319) governs merchant mariners’ documents; chapter 75 (7501-7506) provides general procedures for licensing, certification, and documentation; and chapter 77 (7701-7705) provides procedures for suspension and revocation.

Part F - Manning of Vessels (Chapters 81-93)

Part F provides the requirements for manning of vessels, including the number of individuals required, qualifications and conditions of employment, and duties for: masters and officers (chapter 83); pilots (chapter 85); unlicensed personnel (chapter 87); small vessels (chapter 89); tank vessels (chapter 91); and Great Lakes pilotage (chapter 93).

Part G - Merchant Seamen Protection and Relief (Chapters 101-115)

Part G contains provisions for the protection and relief of merchant seamen. Part G generally does not apply to fishing vessels, whaling vessels or yachts. Chapter 103 requires certain contractual arrangements between charterers, masters, or individuals in charge and seamen employed on the vessel, with certain minimum conditions. The chapter applies to U.S. vessels on a voyage between a U.S. port and a foreign port (excluding Canada, Mexico, or the West Indies); or U.S. vessels of at least 75 gross tons on a voyage between a U.S. port on the Atlantic ocean and a U.S. port on the Pacific (chapter 103). Chapter 105 addresses coastwise voyages; chapter 106 addresses fishing voyages. Chapter 107 provides procedures for when a seaman dies during a voyage, and chapter 109 provides procedures for when a vessel is suspected to be unseaworthy. Logbooks are required to be kept by the master of a vessel (chapter 113), and chapter 115 provides for penalties for specified offenses.

Part H - Identification of Vessels (Chapters 121-125)

Part H provides the procedures for documentation of vessels of five net tons or greater not registered under the laws of a foreign country if certain ownership conditions are met. Under chapter 121, the Secretary issues certificates of documentation. A vessel titled in the U.S. is not entitled to be documented. The effect of documentation is that it is conclusive evidence of nationality for international purposes, although not in proceedings conducted under U.S. law. Documentation is also conclusive evidence of qualification to be employed in a specific trade (excepting recreational endorsement). Documentation is not conclusive evidence of ownership in a proceeding where ownership is at issue. Chapter 121 also provides that certificates of documentation can be endorsed with a registry, coastwise, Great Lakes, fishery, or recreational endorsements, which allow the vessel to be employed in certain types of activities (e.g., foreign trade, coastwise trade). Chapter 121 provides procedures for surrender or invalidation of certificates of documentation. The Secretary and the Secretary of State, jointly, may provide for the issuance of certificates of registry for vessels procured outside the United States meeting the ownership requirements chapter. The Secretary is required to publish a list of all documented vessels. Civil penalties may be assessed for violation of chapter 121; as well as forfeiture of the vessels. Chapter 123 provides requirements and procedures for numbering of undocumented vessels. The Secretary is directed to prescribe a standard numbering system, and to approve state applications for state numbering systems. Chapter 125 provides the establishment of a vessel identification system for all U.S. vessels.

Part I - State Boating Safety Programs (Chapter 131)

Part I establishes a recreational boating and safety program administered by the U.S. Coast Guard, the purpose of which is to encourage states participation and uniformity in boating safety efforts. States with recreational boating safety programs approved by the Secretary are eligible for federal funding.

Part J - Measurement of Vessels (Chapters 141-145)

Part J contains procedures applicable to the measurement of a vessel to determine its tonnage and for obtaining an International Tonnage Certificate. Part J implements the 1969 International Convention on Tonnage Measurement of Ships

Harter Act, 46 App. U.S.C. §§ 190-195

The Act requires owners, masters or agents of any vessel transporting merchandise or property from or between U.S. ports and foreign ports to issue to shippers a bill of lading, or shipping document, stating, among other things, the number of packages, or quantity, condition of merchandise, and weight. Such document shall be prima facie evidence of receipt of the merchandise. It allows vessel owners limitation of liability for losses resulting from errors in navigation, dangers of sea and acts of God. Similar to the Carriage of Goods by Sea Act, except that the Harter Act: does not allow for relieve the owner for errors in navigation if there was failure to exercise due diligence to provide a seaworthy vessel; has no statute of limitations; and does not provide a limit of liability for loss or damage of cargo.

Carriage of Goods by Sea Act, 46 App. U.S.C. §§ 1300-1315

The Carriage of Goods by Sea Act governs every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea to or from U.S. ports, in foreign trade. Provides for the duties and rights of carrier. The Act provides for the responsibilities and liabilities of the carrier and ship regarding, for example, seaworthiness, cargo and contents of a bill, as well as rights and immunities of the carrier and ship.

IV. COMMERCE

Interstate Commerce Act, as amended, (ICA), 49 U.S.C. §§ 10101 et seq.

The ICA provides for the regulation of rates and services of competing interstate carriers. Part B (chapters 131-149) addresses water carriers, defined as a person providing water transportation for compensation (section 13102(22)). The transportation policy of part B is to "ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States." In overseeing the modes of transportation, the United States will, among other things, recognize and preserve the inherent advantage of each mode of transportation; promote safe, adequate, economical, and efficient transportation; encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices; and in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade (section 13101). The Secretary and the Surface Transportation Board (formerly the Interstate Commerce Commission) have jurisdiction over transportation by water carrier section 13521). Amendments to the ICA repealed provisions of the Shipping Act of 1916, and Intercostal Shipping Act.

Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240.

The purpose of the Act is to develop a national surface transportation system that is economically efficient and environmentally sound, provides the foundation for a global economy, will move people and goods in an energy efficient manner. The Act provides that the system will consist of all forms of transportation in a unified, interconnected manner, including transportation systems of the future, to reduce energy and air pollution while promoting economic development and supporting the national preeminent position in interstate commerce.

Merchant Marine Act of 1920, 46 App. U.S.C. §§ 861 et seq.

Merchant Marine Act of 1928, 46 App. U.S.C. § 891

Merchant Marine Act of 1936, 56 App. U.S.C. §§ 1101 et seq.

The Merchant Marine Acts sought to promote the continued development of the American Merchant Marine. The purpose as stated in the Act of 1920 is that it is necessary for the national defense and proper growth of foreign and domestic commerce that the United States shall have a merchant marine of the best equipped and most suitable types of vessels sufficient to carry the greater portion of its commerce and serve as a naval or military auxiliary in time of war or national emergency, ultimately to be owned by U.S. citizens (section 861). The Act of 1928 provided the Secretary of Transportation authority to remodel and improve the fleet. The Act of 1936 sought to foster continued development and maintenance of the merchant marine. The Act also prevents unjust discrimination by carriers.

Shipping Act of 1916, 46 App. U.S.C. §§ 801 et seq.

Shipping Act of 1984, 46 App. U.S.C. §§ 1701-1720

The Shipping Acts are intended to establish a non-discriminatory regulatory process for the common carriage of goods by water in the commerce of the United States. The Shipping Acts were modeled on the Interstate Commerce Act. The Act of 1916 governs transportation by water of passengers and property on the high seas or Great Lakes between states, territories, districts or possessions. Carriers are required to establish and file "joint and reasonable rates" with the Federal Maritime Commission. The Act of 1984 governs foreign commerce (repealing provisions of the Act of 1916 re: foreign commerce), and has as its purposes: to establish a non-discriminatory regulatory process for the common carriage of goods by water in foreign commerce of the United States; to provide efficient and economic transportation system in the ocean commerce of the United States, that is responsive and in harmony to international shipping practices; and to encourage development of an economically sound and efficient U.S. flag liner fleet capable of meeting national security needs. The Act allows ocean carriers the right to establish intermodal or through rates in agreements that must be filed with the Federal Maritime Commission.

V. LIABILITY

Admiralty Extension Act (AEA), 46 U.S.C. § 740

The AEA (or Extension of Admiralty Jurisdiction Act) expressly defines the scope of admiralty and maritime jurisdiction of the United States. Such jurisdiction included all cases of damage or injury to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land. Suits under the AEA may be brought in rem or in personam. However, the AEA provides that any suit brought against the U.S. Public Vessels Act, or Suits in Admiralty Act shall constitute the exclusive remedy, for all suits not otherwise filed under the Federal Torts Claim Act. The AEA was enacted to eliminate the confusion over the lines between land and water, e.g., those cases where persons or property on land was damaged by ships.

Death on the High Seas Act, as amended, (DHSA), 46 U.S.C. § 761

For deaths caused as a result of wrongful act, neglect, or default occurring on the high seas beyond a marine league from shore, the personal representative of the decedent may bring a suit for damages in U.S. District Court, in admiralty, for the exclusive benefit of decedent’s wife, husband, parent, child, or dependent relative. Suits under the DSHA may be brought against the vessel, person, or corporation which would have been liable if death had not ensued. The statute of limitations for suits brought under the DHSA is 3 years. Contributory negligence of the decedent does not bar recovery, although damages may be reduced accordingly. Further, the DHSA expressly ensures state remedies will not be affected, nor does the DHSA apply to the Great Lakes, any waters within the territorial limits of any state, or any navigable waters in the Panama Canal Zone.

Jones Act, 46 App. U.S.C. § 688

The Jones Act provides that any seaman who suffers personal injury in the course of his employment may, maintain an action for damages, with the right of trial by jury. In the case of death of a seaman, the personal representative may maintain such action.

Limitation of Shipowner Liability Act, 46 App. U.S.C. §§ 181-185

The Limitation of Shipowner Liability Act provides procedures for the limitation of liability for vessel owners. The Act provides a procedure in admiralty whereby a vessel owner may petition a U.S. district court for limitation of liability. Liability for losses may be limited to the value of the owner’s vessels and freight.

Longshore and Harbor Workers Compensation Act, 33 U.S.C. §§ 901 et seq.

The Longshore and Harbor Workers Compensation Act provides a comprehensive worker’s compensation scheme for certain maritime workers who do not qualify as seamen.

Public Vessel Act, as amended, (PVA), 46 U.S.C. §§ 781-790

The PVA provides authority for bringing an admiralty cause of action against the United States for damages caused by U.S. public vessels. Thus, the PVA waives sovereign immunity by the U.S. in cases involving public vessels. Public vessel is not defined in the PVA, but case law provides direction. The PVA contains provisions for the venue of suits brought thereunder, counterclaims, suits by nationals of foreign governments, and exemptions and limitations of liability. The PVA also expressly provides it shall not be construed to recognize the existence of or as creating a lien against any U.S. public vessel.

Suits in Admiralty Act, as amended (SAA), 46 U.S.C. §§ 741-752

The SAA provides the authority to bring admiralty suits against the United States. Such suits may be brought in personam, and no U.S. vessel or cargo may be seized under the SAA. If a suit is brought under the SAA, it is the exclusive remedy available to a claimant. The SAA provides a statute of limitations (2 years) after the cause of action arises. The United States is entitled to all exemptions and all limitations of liability accorded by law to owners, charterers, operators or agents of vessels. The SAA also provides procedures in the event a vessel within the scope of the SAA is seized by foreign jurisdictions. The SAA authorizes arbitration, compromise, or settlement of claims. The SAA also provides that a crew of a U.S. vessel may recover compensation for salvage services. Finally, any money recovered by a suit brought by the United States shall be deposited in the U.S. Treasury to the credit of the department having control of the vessel or cargo with respect to such cause of action.

Subtitle III (chapters 301 and 313) of title 46 contains provisions related to commercial instruments and liens and public vessels and goods. Chapter 301 provides general terms and definitions. Chapter 313 governs commercial instruments (subchapter II) and maritime liens (subchapter III).

IV. ENVIRONMENTAL

Act to Prevent Pollution from Ships, as amended, (APPS), 33 U.S.C. §§ 1901 et seq.

The APPS is the federal legislation implementing the International Convention for the Prevention of Pollution from Ships, as modified by a Protocol of 1978 (MARPOL).

a. Oil and Noxious Liquid Substances.

The Act to Prevent Pollution from Ships as originally enacted implemented Protocols I and II, and Annexes I and II, of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL). Annex I of MARPOL establishes requirements to prevent the discharge of oil except in accordance with specific conditions. Annex II provisions cover the discharge of noxious liquid substances.

APPS applies to all U.S. flag ships anywhere in the world and to all foreign flag vessels operating in the navigable waters of the United States or while at a port or terminal under the jurisdiction of the United States. The oil and noxious liquid substances provisions apply only to seagoing ships. The regulations implementing Annex I and Annex II of MARPOL limit discharges of oil and noxious substances, establish report requirements for discharges, and establish specific requirements for monitoring equipment and record keeping aboard vessels. In particular, the regulations require that vessels covered by APPS and MARPOL keep Oil Record Books in which all discharges, disposal and transfers of oil are kept.

b. Garbage and Plastics.

APPS was amended by the Marine Plastic Pollution Research and Control Act of 1987, which implemented the provisions of Annex V of MARPOL relating to garbage and plastics. Annex V of MARPOL and the regulations implementing it apply to all vessels, whether seagoing or not, regardless of flag on the navigable waters of the United States and in the exclusive economic zone of the United States. It applies to U.S. flag vessels wherever they are located.

Under the regulations implementing APPS, the discharge of plastics, including synthetic ropes, fishing nets, plastic bags and biodegradable plastics, into the water is prohibited. Discharge of floating dunnage, lining and packing materials is prohibited in the navigable waters and in areas offshore less than 25 nautical miles from the nearest land. Food waste or paper, rags, glass, metal, bottles, crockery and similar refuse cannot be discharges in the navigable waters or in waters offshore inside 12 nautical miles from the nearest land. Finally, food waste, paper, rags, glass, and similar refuse cannot be discharged in the navigable waters or in waters offshore inside three nautical miles from the nearest land. There are some exceptions for emergencies. Under APPS, the definition of ship includes fixed or floating platforms. There are separate garbage discharge provisions applicable to these units. For these platforms, and for any ship within 500 meters of these platforms, disposal of all types of garbage is prohibited. Additionally, all manned, oceangoing U.S. flag vessels of 12.2 meters or more in length engaged in commerce, and all manned fixed or floating platforms subject to the jurisdiction of the United States, are required to keep records of garbage discharges and disposals.

Clean Air Act, as amended (CAA), 42 U.S.C. §§ 7401 et seq.

The CAA establishes national guidelines and ambient air quality standards to protect and enhance the quality of the Nation’s air resources. The Environmental Protection Agency (EPA) is responsible for implementing the CAA. The EPA determines the appropriate level of technology and emission reduction required in order to achieve improved air quality. Prevention of Significant Deterioration (PSD) provisions of the CAA apply to new sources on the Outer Continental Shelf (OCS) adversely affecting air quality; these regulations supplement air quality regulations administered by the Department of the Interior in its activities related to the OCS.

The CAA required the EPA, in consultation with the Department of Transportation, to issue standards applicable to the emission of VOCs and other air pollutants from loading and unloading of tank vessels which the EPA finds causes, or contributes to, air pollution that may be reasonably anticipated to endanger public health or welfare.

The CAA establishes a great waters program, which looks specifically at the impacts of air deposition or nutrients and toxics in coastal waters.

Clean Vessel Act of 1992, subtitle F, §§ 5601 to 5608, of Title V of Pub. L. 102-587, amending 16 U.S.C. §§ 777c and 777g and enacting 33 U.S.C. §1322 note

The purpose of the Clean Vessel Act is to provide funds to states for the construction, renovation, operation and maintenance of pumpout stations and waste reception facilities. The Act requires the Department of the Interior (DOI) to issue guidance on what constitutes adequate and reasonably available pumpout facilities and waste reception facilities. Each coastal state is then to conduct a survey to determine the number and location of such stations and facilities and the number of recreational vessels in its coastal waters with toilets and develop and submit to the DOI for approval a plan for any construction or renovation necessary to ensure that there are adequate and reasonably available stations and facilities.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), 42 U.S.C. §§ 9601 et seq.

Hazardous substances that are toxic to living organisms result from industrial processes and are released into the environment either intentionally or by accident. CERCLA is designed to respond to these releases and protect public health and environmental quality including natural resources.

CERCLA provides for the following three possible actions to protect the public and the environment from the harmful effects of a hazardous substance spill. Any combination of these three may be used at a particular spill.

1) Removal—CERCLA authorizes the Environmental Protection Agency (EPA) to clean up the spilled substance either at the expense of the responsible party or with funds from the Superfund. CERCLA § 104(a)(1).

2) Remedial action—CERCLA authorizes EPA to take steps to protect public health and the environment from exposure to the hazardous substance. Example of steps: dredging contaminated sediments, repairing leaking containers, collecting rain water runoff and relocating displaced residents. CERCLA § 104(a)(1).

3) Damages for natural resource injuries—When the removal and or remedial action will not remedy all injuries to natural resources, CERCLA authorizes the trustees for natural resources, to seek damages from responsible parties to restore or replace natural resources injured by exposure to hazardous substances beyond the scope of EPA’s removal and remedial action. CERCLA

§§ 107(a)(4)(C) and 107(f).

Federal Water Pollution Control Act, as amended, also called the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

The CWA establishes the basic scheme for restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States. The primary mechanism in the CWA regulating the point source discharge of pollutants is the National Pollutant Discharge Elimination System (NPDES), which is administered by the Environmental Protection Agency (EPA). Under the NPDES program, a permit is required from EPA or an authorized state for the discharge of any pollutant from a point source into the waters of the United States. This includes discharges associated with oil and gas development on federal leases beyond state waters. An NPDES permit for certain stormwater discharges also is required. Permit discharge limits are technology-based and, where technology-based limits would not protect desired water quality for a particular water body in which the discharge takes place, based on state water quality standards which are developed by the states using EPA guidance and are intended to protect the designated uses of the water body. In the case of discharges to the territorial sea or beyond, permits are also subject to the ocean discharge criteria developed under section 403 of the act. Permits for discharges into the territorial sea or internal waters may be issued by states following approval of their permit program by EPA; in the absence of an approved state permit program, and for discharges beyond the territorial sea, EPA is the permit-issuing authority.

The CWA was amended in 1987 to include the current nonpoint source (NPS) program. Under this program (section 319), states must develop management programs to address NPS runoff, including the identification of best management practices and measures. In addition, section 319 authorizes grants to assist the states in implementing their approved management programs.

The CWA generally prohibits discharges of oil and hazardous substances into coastal or ocean waters except where permitted under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships. The U.S. Coast Guard (USCG) investigates and responds to discharges of oil and hazardous substances into coastal or ocean waters in accordance with the National Contingency Plan (NCP). The USCG, with the cooperation of EPA, generally administers the NCP when oil or a hazardous substance is discharged into coastal or ocean waters. Regional contingency plans and area contingency plans are developed to implement the NCP.

The CWA (section 312) requires vessels with installed toilet facilities and operating on the navigable waters of the U.S. to contain operable marine sanitation devices certified as meeting standards and regulations promulgated under section 312. Section 312 also allows establishment of zones where discharge of sewage from vessels is completely prohibited. Amendments made to section 312 in 1996 will require, where appropriate, the use of marine pollution control devices for operational, non-sewage, discharges from vessels of the Armed Forces.

Publicly owned sewage treatment facilities must, at a minimum, meet effluent reductions by secondary treatment, except for certain facilities discharging to coastal waters for which EPA has approved a waiver under section 301(h).

The Army Corps of Engineers (COE) implements the section 404 permit program. Under section 404, a permit is required for the discharge of dredged or fill materials into the waters of the U.S. that lie inside of the baseline for the territorial seas and fill materials into the territorial seas within three miles of shore. Although COE has responsibility for the section 404 program, EPA is authorized to review and comment on the impact of proposed dredge and fill activities and to prohibit discharges that would have an unacceptable impact on municipal water supplies, shellfish beds and fishery areas, wildlife and recreational areas. EPA, in consultation with COE, is charged with developing guidelines to be used in evaluating discharges subject to section 404. (See 40 C..F.R. Part 230.) The section 404 permit requirement is the cornerstone for the current wetlands regulatory program. If COE or EPA determines that a certain property is a jurisdictional wetlands, no one can discharge dredged or fill materials into it without a section 404 permit. COE and EPA also have cooperative agreements with the Natural Resources Conservation Service and rely on its determinations as to the presence of wetlands on agricultural lands.

Section 320 of the CWA establishes the National Estuary Program, which uses a consensus-based approach for protecting and restoring the estuary. There are currently 28 NEPs.

Florida Keys National Marine Sanctuary Act (FKNMSA), P.L. 101-605

On November 16, 1990, Congress designated an area of the marine environment surrounding the Florida Keys as a National Marine Sanctuary in order to protect its unique, nationally significant natural resources including seagrass meadows, mangrove islands, and coral reefs. The FKNMSA expressly prohibits operating a tank vessel or a vessel greater than 50 meters in registered length in designated Areas to be Avoided, except if such vessel is a public vessel and its operation is essential for national defense, law enforcement, or responses to emergencies that threaten life, property, or the environment.

Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801-1813

Authorizes the Secretary of Commerce to regulate the transportation of hazardous materials within the jurisdiction of the United States, including the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa and Guam.

National Marine Sanctuaries Act (NMSA), 16 U.S.C. §§1431 et seq.

The NMSA provides the Secretary of Commerce with the authority to designate and manage nationally significant marine areas as national marine sanctuaries. The NMSA’s stated purposes and policies include comprehensive and coordinated conservation and management; enhancing public awareness, understanding, appreciation and wise use of the marine environment; and facilitating, to the extent compatible with the primary objective of resource protection, all public and private uses of resources not prohibited pursuant to other authorities.

Among the factors the Secretary must consider in determining whether an area merits designation as a national marine sanctuary are present and potential uses of the area that depend on maintenance of the area’s resources, including commercial and recreational fishing, other commercial and recreational activities, and research and education; the public benefits to be derived from sanctuary status, with emphasis on the benefits of long-term protection of nationally significant resources, vital habitats, and resources which generate tourism.

The NMSA prohibits the destruction, loss of, or injury to any sanctuary resource managed under the laws or regulations for the sanctuary; the possession, delivery, sale, transport, or shipment of any sanctuary resource taken in violation of the NMSA; interference with law enforcement under the Act; and any violation of the Act, any regulations, or permits issued pursuant to the NMSA. NOAA has the authority to board and search any vessel suspected of violating the NMSA and to execute warrants issued by a court of competent jurisdiction. Any person who destroys, causes the loss of, or injures a sanctuary resource can be found liable for a maximum fine of $100,000 per violation; response costs; damages including replacement cost, restoration cost, or acquisition of an equivalent sanctuary resource, and lost-use value of that resource; and interest.

Sanctuaries have site specific regulations which include a narrow range of prohibited activities, including for example, those that pertain to discharges, alteration of the seabed, and vessel operations.

Ocean Dumping Act (Titles I and II of the Marine Protection, Research, and Sanctuaries Act of 1972), 33 U.S.C. §§ 1401 et seq.

The Act provides the basic authority for the Environmental Protection Agency (EPA) and the Corps of Engineers to regulate ocean dumping (Title I) and for the Department of Commerce, through the National Oceanic and Atmospheric Administration, to carry out research on the effects on ocean systems of ocean dumping and other man-induced changes (Title II). The Act prohibits (1) the transportation of any material from the United States; and (2) the transportation of any material by U.S. flagged vessels and by U.S. departments, agencies, or instrumentalities, for the purpose of dumping it into ocean waters, without a permit. The Act also prohibits any person from dumping, without a permit, any material transported from a location outside the United States into the U.S. territorial seas or into the U.S. contiguous zone, to the extent it may affect the territorial seas or the territory of the U.S. EPA may issue permits regulating the ocean dumping of all material except dredged material, which is permitted by the Corps of Engineers, using EPA environmental criteria..

The ocean dumping of sewage sludge and industrial waste is prohibited. In addition, no radiological, chemical, and biological warfare agents; high-level radioactive waste; or medical waste. States may adopt and enforce requirements for ocean-dumping activities that occur in their jurisdictional waters.

Title II of the ODA requires the DOC, in coordination with the department in which the U.S. Coast Guard is operating and EPA, to conduct a comprehensive and continuing program of monitoring and research on the effects of dumping of material into ocean or other coastal waters or into the Great Lakes. The title further requires the DOC, in close consultation with other appropriate departments, to conduct a comprehensive and continuing program of research into the possible long-range effects of pollution, overfishing and man-induced changes of ocean ecosystems. The title specifies that the program must include continuing monitoring programs to assess the health of the marine environment, including but not limited to the monitoring of bottom oxygen concentration contaminant levels in biota, sediments and the water column, diseases in fish and shellfish, and changes in types and abundance of indicator species.

Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2701 et seq.

OPA amends section 311 of the Federal Water Pollution Control Act (the Clean Water Act or CWA), 33 U.S.C. 1321 et seq., to clarify federal response authority, increase penalties for spills, establish U.S. Coast Guard response organizations, require tank vessel and facility response plans, and provide for contingency planning in designated areas. OPA, however, does not preempt states’ rights to impose additional liability or other requirements with respect to the discharge of oil within a state or to any removal activities in connection with such a discharge.

OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and response capabilities of the federal government and industry. OPA establishes a new liability regime for oil pollution incidents in the aquatic environment and provides the resources necessary for the removal of discharged oil. OPA consolidates several existing oil spill response funds into the Oil Spill Liability Trust Fund (Trust Fund), resulting in a $1-billion fund to be used to respond to, and provide compensation for damages caused by, discharges of oil. In addition, OPA provides new requirements of response planning by both government and industry and establishes new construction, manning, and licensing requirements for tank vessels. OPA also increases penalties for regulatory noncompliance and broadens the response and enforcement authorities of the federal government.

Title I of OPA contains liability provisions governing oil spills modeled after the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., and section 311 of the CWA. Specifically, section 1002(a) of OPA provides that the responsible party for a vessel or facility from which oil is discharged, or which poses a substantial threat of a discharge, is liable for:

The scope of damages for which there may be liability under section 1002 of OPA includes:

Organotin Anti-Fouling Paint Control Act of 1988, 33 U.S.C. §§ 2401 et seq.

Organotin biocides are added to paints to protect the bottom of boats from encrusting organism buildup. Because organotin has been shown to be toxic, it may pose unreasonable risks to marine and freshwater organisms. The Act’s purpose is to protect the aquatic environment by reducing the quantities of organotin entering the waters of the United States. The Environmental Protection Agency (EPA) is primarily responsible for the administration and enforcement of this statute.

The Act generally prohibits boats less than 25 meters in length from using anti-fouling paint containing organotin. Aluminum hulls and lower drive shaft units of marine engines (outboard motors) are excepted from this Act and allowed to use this paint. Penalties are available for violations. The EPA, in consultation with the National Oceanic and Atmospheric Administration, is directed to monitor the ecological effects of organotin in estuaries and coastal waters for ten years beginning in 1988.

Shore Protection Act of 1988, 33 U.S.C. §§ 2601 et seq.

Municipal or commercial waste cannot be transported by a vessel in coastal waters without a permit from the Department of Transportation. Municipal or commercial waste includes solid waste as defined by the Resource Conservation and Recovery Act (RCRA), but does not include hazardous wastes regulated under RCRA, waste generated by the vessel during normal operations, construction debris, dredged or fill material, and sewage sludge regulated under the MPRSA. The loading, securing, and off loading of wastes subject to the SPA must assure that any waste deposited into the coastal waters is minimized.

U.S. Public Vessel Medical Waste Anti-Dumping Act of 1988, 33 U.S.C. §§ 2501 et seq.

This Act prohibits public vessels from discharging medical waste except in extremely limited circumstances, because of the serious and widespread risks to public health and to the welfare of coastal communities. Potentially infectious medical waste may only be discharged by a public vessel if: 1) the health or safety of individuals on board the vessel is threatened or during a time of war or national emergency; 2) the waste is released at least 50 nautical miles from the nearest land; and 3) the waste is sterilized, properly packaged, and sufficiently weighted to prevent it from coming ashore.

DoD Department of Defense

GDP gross domestic product

ISTEA Intermodal Surface Transportation Efficiency Act

MSB Major Shipbuilding Base

R&D research and development

TEU twenty-foot-equivalent unit

VOC volatile organic compound

U.S.C. United States Code