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1974/08/10 HR10309 Safety Standards for Boilers and Pressure Vessels
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1974/08/10 HR10309 Safety Standards for Boilers and Pressure Vessels
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The original documents are located in Box 1, folder "8/10/74 HR10309 Safety Standards for
Boilers and Pressure Vessels" of the White House Records Office: Legislation Case Files at
the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
Any
AUG 7 1974
Ported
8/11
MEMORANDUM FOR THE PRESIDENT
Jo
archives
Subject: Enrolled Bill H.R. 10309 - Safety standards for
8/12
boilers and pressure vessels
Sponsor - Rep. Sullivan (D) Missouri
Last Day for Action
BERALD FORD VIBRARY
August 14, 1974 - Wednesday
Purpose
To authorize the Coast Guard to adopt, through a regulatory
process, boiler and pressure vessel safety standards consis-
tent with modern technology.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Commerce
No objection
Department of State
No comment
Discussion
The enrolled bill is identical to a draft bill submitted to
Congress by the Department of Transportation.
The present law was adopted in 1933. It provides that the
maximum working pressure for boilers and pressure vessels be
based on a safety factor of four. Since 1933 technological
changes in such fields as stress analysis have led to the
development of Boiler and Pressure Codes by the American Society
of Mechanical Engineers (ASME) which permit use of a safety fac-
tor of three. In its report on H.R. 10309 the House Committee
on Merchant Marine and Fisheries stated:
"Equivalent or higher integrity is obtained
by replacing a larger safety or ignorance
2
factor of four with the smaller safety factor
of three accompanied by a detailed stress
analysis."
Discussing current major projects of interest to both the
government and industry the House Committee further stated:
"
a saving in terms of safety and weight
efficiency is achieved by using the more
modern safety factor combined with a detailed
stress analysis
The proposed amendment is
needed to permit greater flexibility in the
safety standards applicable to boilers and
pressure vessels. The flexibility provided
by this bill will allow the Coast Guard to
maintain a more realistic position, consistent
with current technology, in the regulation of
marine safety."
mefred H Romand
GERALD R. LIBRARY FORD
Assistant Director for
Legislative Reference
Enclosures
OF
INFORMATION
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED STATES OF AMERICA
AUG 2 1974
FORD
Honorable Roy L. Ash
Director
GERALD
Office of Management and Budget
LIBRARY
Washington, D. C. 20503
Dear Mr. Ash:
Reference is made to your request for the views of the
Department of Transportation concerning H.R. 10309, an
enrolled bill
"To amend the Act of June 13, 1933 (P.L. 73-40),
concerning safety standards for boilers and
pressure vessels, and for other purposes. "
This is a legislative proposal of the Department of
Transportation. The statute to be amended provides that
the maximum working pressure for marine boilers and
pressure vessels shall be based on a safety factor of
four. This means that boilers and pressure vessels must
be built in such a way as to theoretically withstand up
to four times their normal operating pressure without
failure. The enrolled bill would authorize the Department
to set boiler and pressure vessel standards through the
regulatory process. It would also reword the statute
simplifying its language.
The present statute was enacted in 1933. Since that time
significant strides have been made in stress analysis, in
the manufacture and testing of construction materials and
in the technology of boiler and pressure vessel fabrication
which have reduced the need for so high a safety factor.
The inability of the Coast Guard to use modern standards
imposes an economic and technical hardship on the American
shipbuilding industry without meaningful benefit in terms
of increased safety. The enrolled bill will open the way to
greater flexibility in the application of safety standards
to boilers and pressure vessels. This flexibility will
allow the Coast Guard to maintain a more realistic position,
consistent with current technology, in the regulation of
marine safety.
Accordingly, the Department of Transportation strongly
recommends that the President sign the enrolled bill, H.R.
10309.
GERALD R. LIBRARY FORD
Sincerely, ligh
Rodney E. Eyster
General Counsel
2
DEPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
AUG 5 1974
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
Attention: Assistant Director for Legislative Reference
Dear Mr. Ash:
This is in reply to your request for the views of this Department
with respect to H.R. 10309, an enrolled enactment
"To amend the Act of June 13, 1933 (Public Law 73-40),
concerning safety standards for boilers and pressure
vessels, and for other purposes."
The Act of June 13, 1933, requires that boilers and pressure vessels
for use on ships must be built in such a way as to theoretically with-
stand up to four times their normal operating pressure without failure.
H.R. 10309 would delete this requirement and would authorize the
Commandant of the Coast Guard to set boiler and pressure vessel
standards through the regulatory process.
This Department would have no objection to approval of H. R. 10309
by the President.
Enactment of this legislation will not involve the expenditure of any
funds by this Department.
Sincerely,
Karl E. Bakke
FORD LIBRARY & GERALD
General Counsel
H.R. 10309
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January;
MMITE THE
one thousand nine hundred and seventy-four
RECEIVED
AUG 1974
An Act
To amend the Act of June 13, 1933 (Public Law 73-40), concerning safety
standards for bollers and pressure vessels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4433
of the Revised Statutes, as amended (46 U.S.C. 411) is amended as
follows:
(1) By deleting the word "and" before the words "construction
of boilers,".
(2) By inserting the words ", and operation" before the words "of
boilers, unfired".
(3) By inserting after the words "unfired pressure vessels" the
words "piping, valves, fittings,".
(4) By placing the word "other" before the word "appurtenances".
(5) By deleting the words "thereof, and steam piping".
(6) By deleting the second sentence including the proviso.
Carl albert
BERRAL FORD LIBRARY
Speaker of the House of Representatives.
Am Briden
Vian President of the United States and
APPROVED
acting President of the Senate! pro Tempor
AUG 1 0 1974
Heald R. Fl
August 2, 1974
Dear Mr. Director:
The following bills were received at the White
House on August 2nd:
H.R. 8217
H.R. 10309
H.R. 13264
Please let the President have reports and
recomendations as to the approval of these
bills as soon as possible.
Sincerely,
FORD LIBRARY is GERALD
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
j 8-7-74
WASHINGTON, D.C. 20503
AUG 7 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10309 - Safety standards for
boilers and pressure vessels
Sponsor - Rep. Sullivan (D) Missouri
Last Day for Action
August 14, 1974 - Wednesday
Purpose
To authorize the Coast Guard to adopt, through a regulatory
process, boiler and pressure vessel safety standards consis-
tent with modern technology.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
FORD LIBRARY is GERALD
Approval
Department of Commerce
No objection
Department of State
No comment
Discussion
The enrolled bill is identical to a draft bill submitted to
Congress by the Department of Transportation.
The present law was adopted in 1933. It provides that the
maximum working pressure for boilers and pressure vessels be
based on a safety factor of four. Since 1933 technological
changes in such fields as stress analysis have led to the
development of Boiler and Pressure Codes by the American Society
of Mechanical Engineers (ASME) which permit use of a safety fac-
tor of three. In its report on H.R. 10309 the House Committee
on Merchant Marine and Fisheries stated:
"Equivalent or higher integrity is obtained
by replacing a larger safety or ignorance
2
factor of four with the smaller safety factor
of three accompanied by a detailed stress
analysis.
"
Discussing current major projects of interest to both the
government and industry the House Committee further stated:
"
a saving in terms of safety and weight
efficiency is achieved by using the more
modern safety factor combined with a detailed
stress analysis The proposed amendment is
needed to permit greater flexibility in the
safety standards applicable to boilers and
pressure vessels. The flexibility provided
by this bill will allow the Coast Guard to
maintain a more realistic position, consistent
with current technology, in the regulation of
marine safety."
FORD LIBRARY j QERALD
nefred H Rommel
Assistant Director for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
ENROLLED BILL
SUBJECT: Enrolled Bill H.R. 10309 - Safety
Standards for Boilers and Pressure Vessels
Name
Approval
Date
Michael Duval
Yes
Fred Buzhardt
Yes
Bill Timmons
Yes
Ken Cole
FORD
SERALD
LIURARY
Comments:
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 496
Date: August 7, 1974
Time:
5:00 p.m.
FOR ACTION: Michael Duval
cc (for information): Warren K. Hendriks
Fred Buzhardt
Jerry Jones
Bill Timmons
FROM THE STAFF SECRETARY
DUE: Date:
Friday, August 9, 1974
Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 10309 Safety Standards for
Boilers and Pressure Vessels
COERALO FORD LIBRARY
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
8/7/74
TO: WARREN HENDRIKS
mike Dural
FB
" WKH
BT
JJ
FORD i LIBRARY GERALD
R
John J. Ratchford
THE WHITE HOUSE
"ACTION MEMORANDUM
WASHINGTON
LOG NO.: 496
Date: August 7, 1974
Time:
5:00 p.m.
FOR ACTION: Michael Duval
CC (for information): Warren K. Hendriks
Fred Buzhardt
Jerry Jones
Bill Timmons
FROM THE STAFF SECRETARY
DUE: Date:
Friday, August 9, 1974
Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 10309 - Safety Standards for
Boilers and Pressure Vessels
BERALD FORD LIBRARY
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
OK
Mahe Dearl
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 7 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10309 - Safety standards for
boilers and pressure vessels
Sponsor - Rep. Sullivan (D) Missouri
Last Day for Action
FORD
August 14, 1974 - Wednesday
GERALD
LIBRARY
Purpose
To authorize the Coast Guard to adopt, through a regulatory
process, boiler and pressure vessel safety standards consis-
tent with modern technology.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Commerce
No objection
Department of State
No comment
Discussion
The enrolled bill is identical to a draft bill submitted to
Congress by the Department of Transportation.
The present law was adopted in 1933. It provides that the
maximum working pressure for boilers and pressure vessels be
based on a safety factor of four. Since 1933 technological
changes in such fields as stress analysis have led to the
development of Boiler and Pressure Codes by the American Society
of Mechanical Engineers (ASME) which permit use of a safety fac-
tor of three. In its report on H.R. 10309 the House Committee
on Merchant Marine and Fisheries stated:
"Equivalent or higher integrity is obtained
by replacing a larger safety or ignorance
2
factor of four with the smaller safety factor
of three accompanied by a detailed stress
analysis."
Discussing current major projects of interest to both the
government and industry the House Committee further stated:
"
a saving in terms of safety and weight
efficiency is achieved by using the more
modern safety factor combined with a detailed
stress analysis The proposed amendment is
needed to permit greater flexibility in the
safety standards applicable to boilers and
pressure vessels. The flexibility provided
by this bill will allow the Coast Guard to
maintain a more realistic position, consistent
with current technology, in the regulation of
marine safety."
milfred H Rommel
FORD LIBRARY is GERALD
Assistant Director for
Legislative Reference
Enclosures
of
DEPARTMENT
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
ONLIED
AMERICA
STATES
of
AUG 2 1974
FORD
Honorable Roy L. Ash
Director
Office of Management and Budget
GERALD
LIBRARY
Washington, D. C. 20503
Dear Mr. Ash:
Reference is made to your request for the views of the
Department of Transportation concerning H.R. 10309, an
enrolled bill
"To amend the Act of June 13, 1933 (P.L. 73-40),
concerning safety standards for boilers and
pressure vessels, and for other purposes."
This is a legislative proposal of the Department of
Transportation. The statute to be amended provides that
the maximum working pressure for marine boilers and
pressure vessels shall be based on a safety factor of
four. This means that boilers and pressure vessels must
be built in such a way as to theoretically withstand up
to four times their normal operating pressure without
failure. The enrolled bill would authorize the Department
to set boiler and pressure vessel standards through the
regulatory process. It would also reword the statute
simplifying its language.
The present statute was enacted in 1933. Since that time
significant strides have been made in stress analysis, in
the manufacture and testing of construction materials and
in the technology of boiler and pressure vessel fabrication
which have reduced the need for so high a safety factor.
The inability of the Coast Guard to use modern standards
imposes an economic and technical hardship on the American
shipbuilding industry without meaningful benefit in terms
of increased safety. The enrolled bill will open the way to
greater flexibility in the application of safety standards
to boilers and pressure vessels. This flexibility will
allow the Coast Guard to maintain a more realistic position,
consistent with current technology, in the regulation of
marine safety.
Accordingly, the Department of Transportation strongly
recommends that the President sign the enrolled bill, H.R.
10309.
Sincerely,
ligh
FORD LIBRARY & DERALD
Rodney E. Eyster
General Counsel
2
DIPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
AUG 5 1974
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
FORD i LIBRARY GERALD
Attention: Assistant Director for Legislative Reference
Dear Mr. Ash:
This is in reply to your request for the views of this Department
with respect to H.R. 10309, an enrolled enactment
"To amend the Act of June 13, 1933 (Public Law 73-40),
concerning safety standards for boilers and pressure
vessels, and for other purposes. 11
The Act of June 13, 1933, requires that boilers and pressure vessels
for use on ships must be built in such a way as to theoretically with-
stand up to four times their normal operating pressure without failure.
H.R. 10309 would delete this requirement and would authorize the
Commandant of the Coast Guard to set boiler and pressure vessel
standards through the regulatory process.
This Department would have no objection to approval of H. R. 10309
by the President.
Enactment of this legislation will not involve the expenditure of any
funds by this Department.
Sincerely,
Karl E. Bakke
General Counsel
THE WHITE HOUSE
ACTION MEMORANDUM
LOG NO.: 496
WASHINGTON
Date: August 7, 1974
Time:
5:00 p.m.
FOR ACTION: Michael Duval
CC (for information): Warren K. Hendriks
Fred Buzhardt
Jerry Jones
Bill Timmons
FROM THE STAFF SECRETARY
DUE: Date:
Friday, August 9, 1974
Time: 2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 10309 - Safety Standards for
Boilers and Pressure Vessels
FORD is LIBRARY GERALD
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
No objection
H.C.
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 7 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10309 - Safety standards for
boilers and pressure vessels
Sponsor - Rep. Sullivan (D) Missouri
FORD
Last Day for Action
GERALD
LIBRARY
August 14, 1974 - Wednesday
Purpose
To authorize the Coast Guard to adopt, through a regulatory
process, boiler and pressure vessel safety standards consis-
tent with modern technology.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Commerce
No objection
Department of State
No comment
Discussion
The enrolled bill is identical to a draft bill submitted to
Congress by the Department of Transportation.
The present law was adopted in 1933. It provides that the
maximum working pressure for boilers and pressure vessels be
based on a safety factor of four. Since 1933 technological
changes in such fields as stress analysis have led to the
development of Boiler and Pressure Codes by the American Society
of Mechanical Engineers (ASME) which permit use of a safety fac-
tor of three. In its report on H.R. 10309 the House Committee
on Merchant Marine and Fisheries stated:
"Equivalent or higher integrity is obtained
by replacing a larger safety or ignorance
2
factor of four with the smaller safety factor
of three accompanied by a detailed stress
analysis."
Discussing current major projects of interest to both the
government and industry the House Committee further stated:
=
a saving in terms of safety and weight
efficiency is achieved by using the more
modern safety factor combined with a detailed
stress analysis
The proposed amendment is
needed to permit greater flexibility in the
safety standards applicable to boilers and
pressure vessels. The flexibility provided
by this bill will allow the Coast Guard to
maintain a more realistic position, consistent
with current technology, in the regulation of
marine safety."
nefred H Romuel
GERALD R. LIBRARY FORD
Assistant Director for
Legislative Reference
Enclosures
OF
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED STATES OF AMERICA
AUG 2 1974
Honorable Roy L. Ash
Director
GERALD FORD LIBRARY
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
Reference is made to your request for the views of the
Department of Transportation concerning H.R. 10309, an
enrolled bill
"To amend the Act of June 13, 1933 (P.L. 73-40),
concerning safety standards for boilers and
pressure vessels, and for other purposes."
This is a legislative proposal of the Department of
Transportation. The statute to be amended provides that
the maximum working pressure for marine boilers and
pressure vessels shall be based on a safety factor of
four. This means that boilers and pressure vessels must
be built in such a way as to theoretically withstand up
to four times their normal operating pressure without
failure. The enrolled bill would authorize the Department
to set boiler and pressure vessel standards through the
regulatory process. It would also reword the statute
simplifying its language.
The present statute was enacted in 1933. Since that time
significant strides have been made in stress analysis, in
the manufacture and testing of construction materials and
in the technology of boiler and pressure vessel fabrication
which have reduced the need for so high a safety factor.
The inability of the Coast Guard to use modern standards
imposes an economic and technical hardship on the American
shipbuilding industry without meaningful benefit in terms
of increased safety. The enrolled bill will open the way to
greater flexibility in the application of safety standards
to boilers and pressure vessels. This flexibility will
allow the Coast Guard to maintain a more realistic position,
consistent with current technology, in the regulation of
marine safety.
Accordingly, the Department of Transportation strongly
recommends that the President sign the enrolled bill, H.R.
10309.
Sincerely,
FORD LIBRARY & GERALD
Rodney E. Eyster
General Counsel
2
DIPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
AUG 5 1974
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
FORD
Attention: Assistant Director for Legislative Reference
GERALD
LIBRARY
Dear Mr. Ash:
This is in reply to your request for the views of this Department
with respect to H.R. 10309, an enrolled enactment
"To amend the Act of June 13, 1933 (Public Law 73-40),
concerning safety standards for boilers and pressure
vessels, and for other purposes. 11
The Act of June 13, 1933, requires that boilers and pressure vessels
for use on ships must be built in such a way as to theoretically with-
stand up to four times their normal operating pressure without failure.
H.R. 10309 would delete this requirement and would authorize the
Commandant of the Coast Guard to set boiler and pressure vessel
standards through the regulatory process.
This Department would have no objection to approval of H. R. 10309
by the President.
Enactment of this legislation will not involve the expenditure of any
funds by this Department.
Sincerely,
Karl E. Bakke
General Counsel
THE WHITE HOUSE
WASHINGTON
August 8, 1974
MEMORANDUM FOR: MR. WARREN HENDRIKS
FROM:
WILLIAM E. TIMMONS
SUBJECT:
Action Memorandum - Log No. 496
Enrolled Bill H.R. 10309 - Safety
Standards for Boilers and Pressure Vessels
The Office of Legislative Affairs concurs in the attached
proposal and has no additional recommendations.
Attachment
FORD i LIBRARY GERALD
THE WHITE HOUSE
LOG NO.: 496
ACTION MEMORANDUM
WASHINGTON
Date: August 7, 1974
Time:
5:00 p.m.
FOR ACTION: Michael Duval
cc (for information): Warren K. Hendriks
Fred Buzhardt
Jerry Jones
Bill Timmons
FROM THE STAFF SECRETARY
DUE: Date:
Friday, August 9, 1974
Time:
2:00 p.m.
SUBJECT:
Enrolled Bill H.R. 10309 - Safety Standards for
Boilers and Pressure Vessels
GERALD FORD LIBRARY
ACTION REQUESTED:
For Necessary Action
XX For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
Please return to Kathy Tindle - West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 7 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 10309 - Safety standards for
boilers and pressure vessels
Sponsor - Rep. Sullivan (D) Missouri
Last Day for Action
GERALD FORD LIBRARY
August 14, 1974 - Wednesday
Purpose
To authorize the Coast Guard to adopt, through a regulatory
process, boiler and pressure vessel safety standards consis-
tent with modern technology.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval
Department of Commerce
No objection
Department of State
No comment
Discussion
The enrolled bill is identical to a draft bill submitted to
Congress by the Department of Transportation.
The present law was adopted in 1933. It provides that the
maximum working pressure for boilers and pressure vessels be
based on a safety factor of four. Since 1933 technological
changes in such fields as stress analysis have led to the
development of Boiler and Pressure Codes by the American Society
of Mechanical Engineers (ASME) which permit use of a safety fac-
tor of three. In its report on H.R. 10309 the House Committee
on Merchant Marine and Fisheries stated:
"Equivalent or higher integrity is obtained
by replacing a larger safety or ignorance
2
factor of four with the smaller safety factor
of three accompanied by a detailed stress
analysis."
Discussing current major projects of interest to both the
government and industry the House Committee further stated:
"
a saving in terms of safety and weight
efficiency is achieved by using the more
modern safety factor combined with a detailed
stress analysis The proposed amendment is
needed to permit greater flexibility in the
safety standards applicable to boilers and
pressure vessels. The flexibility provided
by this bill will allow the Coast Guard to
maintain a more realistic position, consistent
with current technology, in the regulation of
marine safety."
nefred H Romund
FORD LIBRARY is GERALD
Assistant Director for
Legislative Reference
Enclosures
Of
OFFICE OF THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
AMERICA
STATES
of
AUG 2 1974
Honorable Roy L. Ash
Director
BERALD FORD LIBRARY
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
Reference is made to your request for the views of the
Department of Transportation concerning H.R. 10309, an
enrolled bill
"To amend the Act of June 13, 1933 (P.L. 73-40),
concerning safety standards for boilers and
pressure vessels, and for other purposes. "
This is a legislative proposal of the Department of
Transportation. The statute to be amended provides that
the maximum working pressure for marine boilers and
pressure vessels shall be based on a safety factor of
four. This means that boilers and pressure vessels must
be built in such a way as to theoretically withstand up
to four times their normal operating pressure without
failure. The enrolled bill would authorize the Department
to set boiler and pressure vessel standards through the
regulatory process. It would also reword the statute
simplifying its language.
The present statute was enacted in 1933. Since that time
significant strides have been made in stress analysis, in
the manufacture and testing of construction materials and
in the technology of boiler and pressure vessel fabrication
which have reduced the need for so high a safety factor.
The inability of the Coast Guard to use modern standards
imposes an economic and technical hardship on the American
shipbuilding industry without meaningful benefit in terms
of increased safety. The enrolled bill will open the way to
greater flexibility in the application of safety standards
to boilers and pressure vessels. This flexibility will
allow the Coast Guard to maintain a more realistic position,
consistent with current technology, in the regulation of
marine safety.
Accordingly, the Department of Transportation strongly
recommends that the President sign the enrolled bill, H.R.
10309.
Sincerely, ligh
Rodney E. Eyster
General Counsel
FORD LIBRARY & GERALD
2
DEPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
*
DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
AUG 5 1974
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
FORD i LIBRARY QERALD
Attention: Assistant Director for Legislative Reference
Dear Mr. Ash:
This is in reply to your request for the views of this Department
with respect to H.R. 10309, an enrolled enactment
"To amend the Act of June 13, 1933 (Public Law 73-40),
concerning safety standards for boilers and pressure
vessels, and for other purposes. 11
The Act of June 13, 1933, requires that boilers and pressure vessels
for use on ships must be built in such a way as to theoretically with-
stand up to four times their normal operating pressure without failure.
H.R. 10309 would delete this requirement and would authorize the
Commandant of the Coast Guard to set boiler and pressure vessel
standards through the regulatory process.
This Department would have no objection to approval of H. R. 10309
by the President.
Enactment of this legislation will not involve the expenditure of any
funds by this Department.
Sincerely,
Karl E. Bakke
General Counsel
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-762
COAST GUARD SAFETY STANDARDS FOR BOILERS
AND PRESSURE VESSELS
JANUARY 22, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mrs. SULLIVAN, from the Committee on Merchant Marine and
FORD
Fisheries, submitted the following
GERALD
LIBRARY
REPORT
[To accompany H.R. 10309]
The Committee on Merchant Marine and Fisheries, to whom was
referred the bill (H.R. 10309) to amend the Act of June 13, 1933
(Public Law 73-40), concerning safety standards for boilers and pres-
sure vessels, and for other purposes, having considered the same, re-
port favorably thereon without amendment and recommend that the
bill do pass.
PURPOSE OF THE LEGISLATION
The purpose of the bill is to amend the Act of June 13, 1933, to pro-
vide greater flexibility in the safety standards applicable to boilers
and pressure vessels which in turn will allow the Coast Guard to
maintain a more realistic position, consistent with current technology,
in the regulation of marine safety.
BACKGROUND AND NEED FOR THE LEGISLATION
The statute to be amended provides that the maximum working
pressure for marine boilers and pressure vessels shall be based on a
safety factor of four. This means that boilers and pressure vessels
must be built in such a way as to theoretically withstand up to four
times their normal operating pressure without failure. The proposed
amendment would empower the Commandant of the Coast Guard to
set boiler and pressure vessel standards through the regulatory proc-
ess. It would also reword the statute SO as to simplify its language.
The original statute was passed in 1933. Since then significant strides
have been made in stress analysis, in the manufacturing and testing
of construction materials, and in the technology of boiler and pres-
sure vessel fabrication. Boiler and Pressure Codes which represent
more modern standards for safety in boiler and pressure vessel design
have been developed by the American Society of Mechanical Engi-
99-006
Digitized from Box 1 of the White House Records Office Legislation Case Files
at the Gerald R. Ford Presidential Library
2
3
neers (ASME). These Codes permit the use of a safety factor of three.
ing safety standards for boilers and pressure vessels, and for other
Equivalent or higher integrity is obtained by replacing a larger safety
purposes."
or ignorance factor of four with the smaller safety factor of three ac-
The statute to be amended provides that the maximum working pres-
companied by a detailed stress analysis. Requirements for material
sure for marine boilers and pressure vessels shall be based on a safety
fabrication and inspection are also more restrictive under the Codes
factor of four. This means the boilers and pressure vessels must be built
and reflect practices which have been developed and proven in the
in such a way as to theoretically withstand up to four times their nor-
United States during the past decade in the construction of nuclear
mal operating pressure without failure. The proposed amendment
reactor vessels.
would empower the Commandant of the Coast Guard to set boiler and
A number of current projects of interest to both the government
pressure vessel standards through the regulatory process. It would
and industry, including a proposed floating nuclear power plant, vari-
also reword the statute simplifying its language.
ous liquified natural gas (LNG) cargo containment systems using
The present statute was passed in 1933. Since then significant strides
pressure vessel type tanks, and the American Society of Mechanical
have been made in stress analysis, in the manufacture and testing of
Engineers Ad Hoc Committee study on hyperbaric chambers, would
construction materials and in the technology of boiler and pressure
utilize an ASME Code with the pressure vessel safety factor of three.
vessel fabrication. Boiler and Pressure Codes which represent more
In each of these projects, a saving in terms of safety and weight
modern standards for safety in boiler and pressure vessel design have
efficiency is achieved by using the more modern safety factor com-
been developed by the American Society of Mechanical Engineers.
bined with a detailed stress analysis. The inability of the Coast Guard
These Codes permit a safety factor of three. Yet under the Codes an
to use the ASME Code or similar standards imposes economic and
equivalent or higher integrity than is required under present law can
technical hardships on the American shipbuilding industry without
be obtained by replacing a larger safety factor or ignorance factor of
a meaningful return of benefits in terms of increased safety.
four with a smaller safety factor of three and performing a detailed
The proposed amendment is needed to permit greater flexibility
stress analysis. Requirements for materials fabrication and inspection
in the safety standards applicable to boilers and pressure vessels. The
are also more restrictive under the Codes. These increased requirements
flexibility provided by this bill will allow the Coast Guard to main-
reflect practices which have been developed and proven in the U.S. dur-
tain a more realistic position, consistent with current technology, in
ing the past decade in the construction of nuclear reactor vessels.
the regulation of marine safety.
The Office of Merchant Marine Safety within the Coast Guard is
currently considering industry and government proposals concerning
COMMITTEE ACTION AND CONCLUSION
the Tenneco/Westinghouse offshore floating nuclear power generating
plant, the MARAD/General Electric Nuclear ship propulsion study,
The Committee held hearings on October 2, 1973. All testimony
the ASME Ad Hoc Committee study on hyperbaric chambers, and
was favorable. The Committee ordered the legislation favorably re-
various liquified natural gas (LNG) cargo containment systems uti-
ported without objection.
lizing pressure vessel type tanks. These proposed projects would uti-
COST OF LEGISLATION
lize an ASME Code involving a pressure vessel with a safety factor of
three.
Pursuant to Clause 7 of Rule XIII of the Rules of the House of
The inability of the Coast Guard to use the Code standards, or sim-
Representatives, the Committee estimates that there will be no addi-
ilar standards, would impose an economic and technical hardship on
tional cost to the Government as the result of the enactment of this
the American shipbuilding industry without meaningful benefits in
legislation.
terms of increased safety. The proposed amendment would open the
DEPARTMENTAL REPORTS
way to greater flexibility in the safety standards applicable to boilers
and pressure vessels. Such flexibility would allow the Coast Guard to
The Department of Transportation transmitted an Executive Com-
maintain a more realistic position, consistent with current technology,
munication dated June 25, 1973 on the subject legislation. The draft
in the regulation of marine safety.
bill submitted is now H.R. 10309 and the Executive Communication
It would be appreciated if you would lay the proposed bill before the
is No. 1083, which follows herewith. There also follows a report from
House of Representatives. A similar bill has been transmitted to the
the Department of Commerce:
President of the Senate.
The Office of Management and Budget has advised that there is no
[Exec. CoMM. No. 1083]
objection from the standpoint of the Administration's program to the
submission of this proposed legislation to the Congress.
THE SECRETARY OF TRANSPORTATION,
Sincerely,
Washington, D.C., June 25, 1973.
CLAUDE S. BRINEGAR.
Hon. CARL ALBERT,
Enclosure.
Speaker of the House of Representatives,
(The attached draft bill is now H.R. 10309.)
W ashington, D.C.
DEAR MR. SPEAKER: There is transmitted herewith a draft of a pro-
posed bill "To amend the Act of June 13, 1933 (P.L. 73-40), concern-
H.R. 762
H.R. 762
4
GENERAL COUNCIL OF THE DEPARTMENT OF COMMERCE,
Washington, D.C., January 17, 1974.
Hon. LEONOR K. SULLIVAN,
Chairman, Committee on Merchant Marine and Fisheries, U.S. House
of Representatives, Washington, D.C.
DEAR MADAM CHAIRMAN: This is in further reply to your request
for the views of this Department with respect to H.R. 10309, a bill-
To amend the Act of June 13, 1933 (Public Law 73-40), concerning
safety standards for boilers and pressure vessels, and for other
purposes.
The Act of June 13, 1933, requires that boilers and pressure vessels
for use on ships must be built in such a way as to theoretically with-
stand up to four times their normal operating pressure without failure.
The bill would delete this requirement and would authorize the Com-
mandant of the Coast Guard to set boiler and pressure vessel standards
through the regulatory process.
We recommend enactment of the bill. The bill would permit the
Coast Guard to utilize current technology in setting standards and
would allow periodic upgrading of such standards in keeping with
technological advances.
We have been advised by the Office of Management and Budget that
there would be no objection to the submission of our report to the
Congress from the standpoint of the Administration's program.
Sincerely,
KARL E. BAKKE,
General Counsel.
CHANGES IN EXISTING LAW
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, as amended, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in italic,
existing law in which no change is proposed is shown in roman) :
SECTION 4433 OF THE REVISED STATUTES, AS AMENDED
(46 U.S.C. 411)
SEC. 4433. The board of supervising inspectors is hereby empowered
to prescribe formulas, rules, and regulations for the design, material,
[and] construction, and operation of boilers, unfired pressure vessels,
piping, valves, fittings, and other appurtenances [thereof, and steam
piping] for use on vessels subject to the provisions of this Act. [The
maximum working pressure shall be determined by formulas pre-
scribed by the board of supervising inspectors, and no such boiler,
pressure vessel, or appurtenance thereof shall be designed or operated
where the factor of safety is less than four: Provided, That the mini-
mum thickness and maximum allowable working pressure of valves,
fittings, and other appurtenances shall be determined by formulas pre-
scribed by the board of supervising inspectors.]
H.R. 762
Calendar No. 996
93D CONGRESS
}
SENATE
~
REPORT
No. 93-1034
2d Session
AMENDING THE ACT OF JUNE 13, 1933 (PUBLIC LAW 73-
40), CONCERNING SAFETY STANDARDS FOR BOILERS
AND PRESSURE VESSELS, AND FOR OTHER PURPOSES
JULY 29, 1974.-Ordered to be printed
Mr. MAGNUSON, from the Committee on Commerce,
submitted the following
REPORT
[To accompany H.R. 10309]
The Committee on Commerce, to which was referred the bill (H.R.
10309) to amend the Act of June 13, 1933 (Public Law 73-40), con-
cerning safety standards for boilers and pressure vessels, and for
other purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of the bill is to amend the Act of June 13, 1933, to
provide greater flexibility in the safety standards applicable to boil-
ers and pressure vessels by allowing the Coast Guard through the
regulatory process to set more realistic standards, consistent with
current technology.
BACKGROUND AND NEED FOR THE LEGISLATION
The original statute to be amended was passed in 1933. It pro-
vides that the maximum working pressure for marine boilers and
pressure vessels shall be based on a safety factor of four. A "factor of
safety" of four requires boilers and pressure vessels to have material
thicknesses and design construction to withstand a pressure four
times the design operating pressure without failure.
Since 1933, significant advances have been made in the manufac-
ture and testing of construction materials, in the technology and tech-
niques of boiler and pressure vessel fabrication and in the methods
38-010
2
3
of stress analysis. The American Society of Mechanical Engineers
DEPARTMENTAL VIEWS
(ASME) has developed boiler and pressure vessel codes to reflect
these advancements in technology, materials, workmanship and quality
GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,
control, and they are continually revised by committees of technical
Washington, D.C., April 1, 1974.
experts. These codes provide for a safety factor of three rather than
Hon. WARREN G. MAGNUSON,
four. This new safety factor, combined with a detailed stress
Chairman, Committee on Commerce,
analysis and more comprehensive requirements for construction and
U.S. Senate, Washington, D.C.
control, assure an equivalent or higher standard for safety.
DEAR MR. CHAIRMAN This is in further reply to your request for
If the Coast Guard is not permitted to use the ASME Code or
the views of this Department with respect to H.R. 10309, an act "To
similar current standards, economic and technical handicaps will be
amend the Act of June 13, 1933 (Public Law 73-40), concerning safety
imposed on the American shipbuilding industry. Various liquefied
standards for boilers and pressure vessels, and for other purposes."
flammable gas pressure type tanks, offshore floating nuclear power
The Act of June 13, 1933, requires that boilers and pressure vessels
plants, and nuclear ship propulsion system could utilize the revised
for use on ships must be built in such a way as to theoretically with-
code without a reduction in the level of safety.
stand up to four times their normal operating pressure without fail-
ure. H.R. 10309 would delete this requirement and would authorize the
COMMITTEE ACTION AND CONCLUSION
Commandant of the Coast Guard to set boiler and pressure vessel
standards through the regulatory process.
On March 27, 1974, the Committee gave public notice that it was
We recommend enactment of H.R. 10309. This act would permit the
considering H.R. 10309 and invited interested parties to submit writ-
Coast Guard to utilize current technology in setting standards and
ten statements on the bill by April 10, 1974. No comments were re-
would allow periodic upgrading of such standards in keeping with
ceived. On June 4, 1974, the Committee ordered the legislation favoi-
technological advances.
ably reported without objection.
We have been advised by the Office of Management and Budget that
there would be no objection to the submission of our report to the Con-
COST ESTIMATES
gress from the standpoint of the Administration's program.
Pursuant to requirements of Section 252 of the Legislative Reorgani-
Sincerely,
zation Act of 1970, the Committee estimated that there will be no ad-
KARL E. BAKKE,
ditional cost to the Government as a result of the enactment of this
General Counsel.
legislation.
CHANGES IN EXISTING LAW
OFFICE OF THE SECRETARY OF TRANSPORTATION,
Washington, D.C., May 2, 1974.
The proposed legislation makes changes in existing law as follows
Hon. WARREN G. MAGNUSON,
(existing law proposed to be omitted is enclosed in black brackets, new
Chairman, Committee on Commerce,
matter is printed in italic, existing law in which no change is proposed
U.S. Senate, Washington, D.C.
is shown in roman) :
DEAR MR. CHAIRMAN: Reference is made to your request for the
views of the Department of Transportation concerning H.R. 10309, a
SECTION 4433 OF THE REVISED STATUTES, AS AMENDED, (46 U.S.C. 411)
bill "To amend the Act of June 13, 1933 (Public Law 73-40), concern-
SEC. 4433. The board of supervising inspectors is hereby empowered
ing safety standards for boilers and pressure vessels, and for other
to prescribe formulas, rules, and regulations for the design, material,
purposes."
[and] construction, and operation of boilers, unfired pressure vessels,
The bill modernizes the existing safety standards for marine boilers
piping, valves, fittings, and other appurtenances [thereof, and steam
and pressure vessels. The statute, as amended, would authorize the
piping] for use on vessels subject to the provisions of this Act. [The
Coast Guard to maintain a more realistic position, one consistent with
maximum working pressure shall be determined by formulas pre-
current technology, in the safety regulation of marine boilers and
scribed by the board of supervising inspectors, and no such boiler,
pressure vessels.
pressure vessel, or appurtenance thereof shall be designed or operated
H.R. 10309 is a legislative proposal of the Department of Trans-
where the factor of safety is less than four Provided, That the mini-
portation. We strongly urge its favorable consideration by the Com-
mum thickness and maximum allowable working pressure of valves,
mittee on Commerce.
fittings, and other appurtenances shall be determined by formulas pre-
The Office of Management and Budget advises that, from the stand-
scribed by the board of supervising inspectors.]
point of the Administration's program, there is no objection to the
submission of this report for the consideration of the Committee.
Sincerely,
RODNEY E. EYSTER,
General Counsel.
S.R. 1034
O
H.R. 10309
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
LIBRARY
An Act
FORD
To amend the Act of June 13, 1933 (Public Law 73-40), concerning safety
GERALD
standards for boilers and pressure vessels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 4433
of the Revised Statutes, as amended (46 U.S.C. 411) is amended as
follows:
(1) By deleting the word "and" before the words "construction
of boilers,".
(2) By inserting the words ", and operation" before the words "of
boilers, unfired".
(3) By inserting after the words "unfired pressure vessels" the
words "piping, valves, fittings,".
(4) By placing the word "other" before the word "appurtenances".
(5) By deleting the words "thereof, and steam piping".
(6) By deleting the second sentence including the proviso.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.