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    "title": "1974/08/10 HR10309 Safety Standards for Boilers and Pressure Vessels",
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    "ocrText": "The original documents are located in Box 1, folder \"8/10/74 HR10309 Safety Standards for\nBoilers and Pressure Vessels\" of the White House Records Office: Legislation Case Files at\nthe Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAny\nAUG 7 1974\nPorted\n8/11\nMEMORANDUM FOR THE PRESIDENT\nJo\narchives\nSubject: Enrolled Bill H.R. 10309 - Safety standards for\n8/12\nboilers and pressure vessels\nSponsor - Rep. Sullivan (D) Missouri\nLast Day for Action\nBERALD FORD VIBRARY\nAugust 14, 1974 - Wednesday\nPurpose\nTo authorize the Coast Guard to adopt, through a regulatory\nprocess, boiler and pressure vessel safety standards consis-\ntent with modern technology.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Transportation\nApproval\nDepartment of Commerce\nNo objection\nDepartment of State\nNo comment\nDiscussion\nThe enrolled bill is identical to a draft bill submitted to\nCongress by the Department of Transportation.\nThe present law was adopted in 1933. It provides that the\nmaximum working pressure for boilers and pressure vessels be\nbased on a safety factor of four. Since 1933 technological\nchanges in such fields as stress analysis have led to the\ndevelopment of Boiler and Pressure Codes by the American Society\nof Mechanical Engineers (ASME) which permit use of a safety fac-\ntor of three. In its report on H.R. 10309 the House Committee\non Merchant Marine and Fisheries stated:\n\"Equivalent or higher integrity is obtained\nby replacing a larger safety or ignorance\n2\nfactor of four with the smaller safety factor\nof three accompanied by a detailed stress\nanalysis.\"\nDiscussing current major projects of interest to both the\ngovernment and industry the House Committee further stated:\n\"\na saving in terms of safety and weight\nefficiency is achieved by using the more\nmodern safety factor combined with a detailed\nstress analysis\nThe proposed amendment is\nneeded to permit greater flexibility in the\nsafety standards applicable to boilers and\npressure vessels. The flexibility provided\nby this bill will allow the Coast Guard to\nmaintain a more realistic position, consistent\nwith current technology, in the regulation of\nmarine safety.\"\nmefred H Romand\nGERALD R. LIBRARY FORD\nAssistant Director for\nLegislative Reference\nEnclosures\nOF\nINFORMATION\nOFFICE OF THE SECRETARY OF TRANSPORTATION\nWASHINGTON, D.C. 20590\nUNITED STATES OF AMERICA\nAUG 2 1974\nFORD\nHonorable Roy L. Ash\nDirector\nGERALD\nOffice of Management and Budget\nLIBRARY\nWashington, D. C. 20503\nDear Mr. Ash:\nReference is made to your request for the views of the\nDepartment of Transportation concerning H.R. 10309, an\nenrolled bill\n\"To amend the Act of June 13, 1933 (P.L. 73-40),\nconcerning safety standards for boilers and\npressure vessels, and for other purposes. \"\nThis is a legislative proposal of the Department of\nTransportation. The statute to be amended provides that\nthe maximum working pressure for marine boilers and\npressure vessels shall be based on a safety factor of\nfour. This means that boilers and pressure vessels must\nbe built in such a way as to theoretically withstand up\nto four times their normal operating pressure without\nfailure. The enrolled bill would authorize the Department\nto set boiler and pressure vessel standards through the\nregulatory process. It would also reword the statute\nsimplifying its language.\nThe present statute was enacted in 1933. Since that time\nsignificant strides have been made in stress analysis, in\nthe manufacture and testing of construction materials and\nin the technology of boiler and pressure vessel fabrication\nwhich have reduced the need for so high a safety factor.\nThe inability of the Coast Guard to use modern standards\nimposes an economic and technical hardship on the American\nshipbuilding industry without meaningful benefit in terms\nof increased safety. The enrolled bill will open the way to\ngreater flexibility in the application of safety standards\nto boilers and pressure vessels. This flexibility will\nallow the Coast Guard to maintain a more realistic position,\nconsistent with current technology, in the regulation of\nmarine safety.\nAccordingly, the Department of Transportation strongly\nrecommends that the President sign the enrolled bill, H.R.\n10309.\nGERALD R. LIBRARY FORD\nSincerely, ligh\nRodney E. Eyster\nGeneral Counsel\n2\nDEPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nAUG 5 1974\nHonorable Roy L. Ash\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nAttention: Assistant Director for Legislative Reference\nDear Mr. Ash:\nThis is in reply to your request for the views of this Department\nwith respect to H.R. 10309, an enrolled enactment\n\"To amend the Act of June 13, 1933 (Public Law 73-40),\nconcerning safety standards for boilers and pressure\nvessels, and for other purposes.\"\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nfor use on ships must be built in such a way as to theoretically with-\nstand up to four times their normal operating pressure without failure.\nH.R. 10309 would delete this requirement and would authorize the\nCommandant of the Coast Guard to set boiler and pressure vessel\nstandards through the regulatory process.\nThis Department would have no objection to approval of H. R. 10309\nby the President.\nEnactment of this legislation will not involve the expenditure of any\nfunds by this Department.\nSincerely,\nKarl E. Bakke\nFORD LIBRARY & GERALD\nGeneral Counsel\nH.R. 10309\nAinety-third Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the twenty-first day of January;\nMMITE THE\none thousand nine hundred and seventy-four\nRECEIVED\nAUG 1974\nAn Act\nTo amend the Act of June 13, 1933 (Public Law 73-40), concerning safety\nstandards for bollers and pressure vessels, and for other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That section 4433\nof the Revised Statutes, as amended (46 U.S.C. 411) is amended as\nfollows:\n(1) By deleting the word \"and\" before the words \"construction\nof boilers,\".\n(2) By inserting the words \", and operation\" before the words \"of\nboilers, unfired\".\n(3) By inserting after the words \"unfired pressure vessels\" the\nwords \"piping, valves, fittings,\".\n(4) By placing the word \"other\" before the word \"appurtenances\".\n(5) By deleting the words \"thereof, and steam piping\".\n(6) By deleting the second sentence including the proviso.\nCarl albert\nBERRAL FORD LIBRARY\nSpeaker of the House of Representatives.\nAm Briden\nVian President of the United States and\nAPPROVED\nacting President of the Senate! pro Tempor\nAUG 1 0 1974\nHeald R. Fl\nAugust 2, 1974\nDear Mr. Director:\nThe following bills were received at the White\nHouse on August 2nd:\nH.R. 8217\nH.R. 10309\nH.R. 13264\nPlease let the President have reports and\nrecomendations as to the approval of these\nbills as soon as possible.\nSincerely,\nFORD LIBRARY is GERALD\nRobert D. Linder\nChief Executive Clerk\nThe Honorable Roy L. Ash\nDirector\nOffice of Management and Budget\nWashington, D. C.\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nj 8-7-74\nWASHINGTON, D.C. 20503\nAUG 7 1974\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10309 - Safety standards for\nboilers and pressure vessels\nSponsor - Rep. Sullivan (D) Missouri\nLast Day for Action\nAugust 14, 1974 - Wednesday\nPurpose\nTo authorize the Coast Guard to adopt, through a regulatory\nprocess, boiler and pressure vessel safety standards consis-\ntent with modern technology.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Transportation\nFORD LIBRARY is GERALD\nApproval\nDepartment of Commerce\nNo objection\nDepartment of State\nNo comment\nDiscussion\nThe enrolled bill is identical to a draft bill submitted to\nCongress by the Department of Transportation.\nThe present law was adopted in 1933. It provides that the\nmaximum working pressure for boilers and pressure vessels be\nbased on a safety factor of four. Since 1933 technological\nchanges in such fields as stress analysis have led to the\ndevelopment of Boiler and Pressure Codes by the American Society\nof Mechanical Engineers (ASME) which permit use of a safety fac-\ntor of three. In its report on H.R. 10309 the House Committee\non Merchant Marine and Fisheries stated:\n\"Equivalent or higher integrity is obtained\nby replacing a larger safety or ignorance\n2\nfactor of four with the smaller safety factor\nof three accompanied by a detailed stress\nanalysis.\n\"\nDiscussing current major projects of interest to both the\ngovernment and industry the House Committee further stated:\n\"\na saving in terms of safety and weight\nefficiency is achieved by using the more\nmodern safety factor combined with a detailed\nstress analysis The proposed amendment is\nneeded to permit greater flexibility in the\nsafety standards applicable to boilers and\npressure vessels. The flexibility provided\nby this bill will allow the Coast Guard to\nmaintain a more realistic position, consistent\nwith current technology, in the regulation of\nmarine safety.\"\nFORD LIBRARY j QERALD\nnefred H Rommel\nAssistant Director for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\nENROLLED BILL\nSUBJECT: Enrolled Bill H.R. 10309 - Safety\nStandards for Boilers and Pressure Vessels\nName\nApproval\nDate\nMichael Duval\nYes\nFred Buzhardt\nYes\nBill Timmons\nYes\nKen Cole\nFORD\nSERALD\nLIURARY\nComments:\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 496\nDate: August 7, 1974\nTime:\n5:00 p.m.\nFOR ACTION: Michael Duval\ncc (for information): Warren K. Hendriks\nFred Buzhardt\nJerry Jones\nBill Timmons\nFROM THE STAFF SECRETARY\nDUE: Date:\nFriday, August 9, 1974\nTime: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 10309 Safety Standards for\nBoilers and Pressure Vessels\nCOERALO FORD LIBRARY\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nWASHINGTON\n8/7/74\nTO: WARREN HENDRIKS\nmike Dural\nFB\n\" WKH\nBT\nJJ\nFORD i LIBRARY GERALD\nR\nJohn J. Ratchford\nTHE WHITE HOUSE\n\"ACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 496\nDate: August 7, 1974\nTime:\n5:00 p.m.\nFOR ACTION: Michael Duval\nCC (for information): Warren K. Hendriks\nFred Buzhardt\nJerry Jones\nBill Timmons\nFROM THE STAFF SECRETARY\nDUE: Date:\nFriday, August 9, 1974\nTime: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 10309 - Safety Standards for\nBoilers and Pressure Vessels\nBERALD FORD LIBRARY\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nOK\nMahe Dearl\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nWarren K. Hendriks\ntelephone the Staff Secretary immediately.\nFor the President\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAUG 7 1974\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10309 - Safety standards for\nboilers and pressure vessels\nSponsor - Rep. Sullivan (D) Missouri\nLast Day for Action\nFORD\nAugust 14, 1974 - Wednesday\nGERALD\nLIBRARY\nPurpose\nTo authorize the Coast Guard to adopt, through a regulatory\nprocess, boiler and pressure vessel safety standards consis-\ntent with modern technology.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Transportation\nApproval\nDepartment of Commerce\nNo objection\nDepartment of State\nNo comment\nDiscussion\nThe enrolled bill is identical to a draft bill submitted to\nCongress by the Department of Transportation.\nThe present law was adopted in 1933. It provides that the\nmaximum working pressure for boilers and pressure vessels be\nbased on a safety factor of four. Since 1933 technological\nchanges in such fields as stress analysis have led to the\ndevelopment of Boiler and Pressure Codes by the American Society\nof Mechanical Engineers (ASME) which permit use of a safety fac-\ntor of three. In its report on H.R. 10309 the House Committee\non Merchant Marine and Fisheries stated:\n\"Equivalent or higher integrity is obtained\nby replacing a larger safety or ignorance\n2\nfactor of four with the smaller safety factor\nof three accompanied by a detailed stress\nanalysis.\"\nDiscussing current major projects of interest to both the\ngovernment and industry the House Committee further stated:\n\"\na saving in terms of safety and weight\nefficiency is achieved by using the more\nmodern safety factor combined with a detailed\nstress analysis The proposed amendment is\nneeded to permit greater flexibility in the\nsafety standards applicable to boilers and\npressure vessels. The flexibility provided\nby this bill will allow the Coast Guard to\nmaintain a more realistic position, consistent\nwith current technology, in the regulation of\nmarine safety.\"\nmilfred H Rommel\nFORD LIBRARY is GERALD\nAssistant Director for\nLegislative Reference\nEnclosures\nof\nDEPARTMENT\nOFFICE OF THE SECRETARY OF TRANSPORTATION\nWASHINGTON, D.C. 20590\nONLIED\nAMERICA\nSTATES\nof\nAUG 2 1974\nFORD\nHonorable Roy L. Ash\nDirector\nOffice of Management and Budget\nGERALD\nLIBRARY\nWashington, D. C. 20503\nDear Mr. Ash:\nReference is made to your request for the views of the\nDepartment of Transportation concerning H.R. 10309, an\nenrolled bill\n\"To amend the Act of June 13, 1933 (P.L. 73-40),\nconcerning safety standards for boilers and\npressure vessels, and for other purposes.\"\nThis is a legislative proposal of the Department of\nTransportation. The statute to be amended provides that\nthe maximum working pressure for marine boilers and\npressure vessels shall be based on a safety factor of\nfour. This means that boilers and pressure vessels must\nbe built in such a way as to theoretically withstand up\nto four times their normal operating pressure without\nfailure. The enrolled bill would authorize the Department\nto set boiler and pressure vessel standards through the\nregulatory process. It would also reword the statute\nsimplifying its language.\nThe present statute was enacted in 1933. Since that time\nsignificant strides have been made in stress analysis, in\nthe manufacture and testing of construction materials and\nin the technology of boiler and pressure vessel fabrication\nwhich have reduced the need for so high a safety factor.\nThe inability of the Coast Guard to use modern standards\nimposes an economic and technical hardship on the American\nshipbuilding industry without meaningful benefit in terms\nof increased safety. The enrolled bill will open the way to\ngreater flexibility in the application of safety standards\nto boilers and pressure vessels. This flexibility will\nallow the Coast Guard to maintain a more realistic position,\nconsistent with current technology, in the regulation of\nmarine safety.\nAccordingly, the Department of Transportation strongly\nrecommends that the President sign the enrolled bill, H.R.\n10309.\nSincerely,\nligh\nFORD LIBRARY & DERALD\nRodney E. Eyster\nGeneral Counsel\n2\nDIPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nAUG 5 1974\nHonorable Roy L. Ash\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nFORD i LIBRARY GERALD\nAttention: Assistant Director for Legislative Reference\nDear Mr. Ash:\nThis is in reply to your request for the views of this Department\nwith respect to H.R. 10309, an enrolled enactment\n\"To amend the Act of June 13, 1933 (Public Law 73-40),\nconcerning safety standards for boilers and pressure\nvessels, and for other purposes. 11\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nfor use on ships must be built in such a way as to theoretically with-\nstand up to four times their normal operating pressure without failure.\nH.R. 10309 would delete this requirement and would authorize the\nCommandant of the Coast Guard to set boiler and pressure vessel\nstandards through the regulatory process.\nThis Department would have no objection to approval of H. R. 10309\nby the President.\nEnactment of this legislation will not involve the expenditure of any\nfunds by this Department.\nSincerely,\nKarl E. Bakke\nGeneral Counsel\nTHE WHITE HOUSE\nACTION MEMORANDUM\nLOG NO.: 496\nWASHINGTON\nDate: August 7, 1974\nTime:\n5:00 p.m.\nFOR ACTION: Michael Duval\nCC (for information): Warren K. Hendriks\nFred Buzhardt\nJerry Jones\nBill Timmons\nFROM THE STAFF SECRETARY\nDUE: Date:\nFriday, August 9, 1974\nTime: 2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 10309 - Safety Standards for\nBoilers and Pressure Vessels\nFORD is LIBRARY GERALD\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nNo objection\nH.C.\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nWarren K. Hendriks\ntelephone the Staff Secretary immediately.\nFor the President\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAUG 7 1974\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10309 - Safety standards for\nboilers and pressure vessels\nSponsor - Rep. Sullivan (D) Missouri\nFORD\nLast Day for Action\nGERALD\nLIBRARY\nAugust 14, 1974 - Wednesday\nPurpose\nTo authorize the Coast Guard to adopt, through a regulatory\nprocess, boiler and pressure vessel safety standards consis-\ntent with modern technology.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Transportation\nApproval\nDepartment of Commerce\nNo objection\nDepartment of State\nNo comment\nDiscussion\nThe enrolled bill is identical to a draft bill submitted to\nCongress by the Department of Transportation.\nThe present law was adopted in 1933. It provides that the\nmaximum working pressure for boilers and pressure vessels be\nbased on a safety factor of four. Since 1933 technological\nchanges in such fields as stress analysis have led to the\ndevelopment of Boiler and Pressure Codes by the American Society\nof Mechanical Engineers (ASME) which permit use of a safety fac-\ntor of three. In its report on H.R. 10309 the House Committee\non Merchant Marine and Fisheries stated:\n\"Equivalent or higher integrity is obtained\nby replacing a larger safety or ignorance\n2\nfactor of four with the smaller safety factor\nof three accompanied by a detailed stress\nanalysis.\"\nDiscussing current major projects of interest to both the\ngovernment and industry the House Committee further stated:\n=\na saving in terms of safety and weight\nefficiency is achieved by using the more\nmodern safety factor combined with a detailed\nstress analysis\nThe proposed amendment is\nneeded to permit greater flexibility in the\nsafety standards applicable to boilers and\npressure vessels. The flexibility provided\nby this bill will allow the Coast Guard to\nmaintain a more realistic position, consistent\nwith current technology, in the regulation of\nmarine safety.\"\nnefred H Romuel\nGERALD R. LIBRARY FORD\nAssistant Director for\nLegislative Reference\nEnclosures\nOF\nOFFICE OF THE SECRETARY OF TRANSPORTATION\nWASHINGTON, D.C. 20590\nUNITED STATES OF AMERICA\nAUG 2 1974\nHonorable Roy L. Ash\nDirector\nGERALD FORD LIBRARY\nOffice of Management and Budget\nWashington, D. C. 20503\nDear Mr. Ash:\nReference is made to your request for the views of the\nDepartment of Transportation concerning H.R. 10309, an\nenrolled bill\n\"To amend the Act of June 13, 1933 (P.L. 73-40),\nconcerning safety standards for boilers and\npressure vessels, and for other purposes.\"\nThis is a legislative proposal of the Department of\nTransportation. The statute to be amended provides that\nthe maximum working pressure for marine boilers and\npressure vessels shall be based on a safety factor of\nfour. This means that boilers and pressure vessels must\nbe built in such a way as to theoretically withstand up\nto four times their normal operating pressure without\nfailure. The enrolled bill would authorize the Department\nto set boiler and pressure vessel standards through the\nregulatory process. It would also reword the statute\nsimplifying its language.\nThe present statute was enacted in 1933. Since that time\nsignificant strides have been made in stress analysis, in\nthe manufacture and testing of construction materials and\nin the technology of boiler and pressure vessel fabrication\nwhich have reduced the need for so high a safety factor.\nThe inability of the Coast Guard to use modern standards\nimposes an economic and technical hardship on the American\nshipbuilding industry without meaningful benefit in terms\nof increased safety. The enrolled bill will open the way to\ngreater flexibility in the application of safety standards\nto boilers and pressure vessels. This flexibility will\nallow the Coast Guard to maintain a more realistic position,\nconsistent with current technology, in the regulation of\nmarine safety.\nAccordingly, the Department of Transportation strongly\nrecommends that the President sign the enrolled bill, H.R.\n10309.\nSincerely,\nFORD LIBRARY & GERALD\nRodney E. Eyster\nGeneral Counsel\n2\nDIPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nAUG 5 1974\nHonorable Roy L. Ash\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nFORD\nAttention: Assistant Director for Legislative Reference\nGERALD\nLIBRARY\nDear Mr. Ash:\nThis is in reply to your request for the views of this Department\nwith respect to H.R. 10309, an enrolled enactment\n\"To amend the Act of June 13, 1933 (Public Law 73-40),\nconcerning safety standards for boilers and pressure\nvessels, and for other purposes. 11\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nfor use on ships must be built in such a way as to theoretically with-\nstand up to four times their normal operating pressure without failure.\nH.R. 10309 would delete this requirement and would authorize the\nCommandant of the Coast Guard to set boiler and pressure vessel\nstandards through the regulatory process.\nThis Department would have no objection to approval of H. R. 10309\nby the President.\nEnactment of this legislation will not involve the expenditure of any\nfunds by this Department.\nSincerely,\nKarl E. Bakke\nGeneral Counsel\nTHE WHITE HOUSE\nWASHINGTON\nAugust 8, 1974\nMEMORANDUM FOR: MR. WARREN HENDRIKS\nFROM:\nWILLIAM E. TIMMONS\nSUBJECT:\nAction Memorandum - Log No. 496\nEnrolled Bill H.R. 10309 - Safety\nStandards for Boilers and Pressure Vessels\nThe Office of Legislative Affairs concurs in the attached\nproposal and has no additional recommendations.\nAttachment\nFORD i LIBRARY GERALD\nTHE WHITE HOUSE\nLOG NO.: 496\nACTION MEMORANDUM\nWASHINGTON\nDate: August 7, 1974\nTime:\n5:00 p.m.\nFOR ACTION: Michael Duval\ncc (for information): Warren K. Hendriks\nFred Buzhardt\nJerry Jones\nBill Timmons\nFROM THE STAFF SECRETARY\nDUE: Date:\nFriday, August 9, 1974\nTime:\n2:00 p.m.\nSUBJECT:\nEnrolled Bill H.R. 10309 - Safety Standards for\nBoilers and Pressure Vessels\nGERALD FORD LIBRARY\nACTION REQUESTED:\nFor Necessary Action\nXX For Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Kathy Tindle - West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nWarren K. Hendriks\ntelephone the Staff Secretary immediately.\nFor the President\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAUG 7 1974\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 10309 - Safety standards for\nboilers and pressure vessels\nSponsor - Rep. Sullivan (D) Missouri\nLast Day for Action\nGERALD FORD LIBRARY\nAugust 14, 1974 - Wednesday\nPurpose\nTo authorize the Coast Guard to adopt, through a regulatory\nprocess, boiler and pressure vessel safety standards consis-\ntent with modern technology.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of Transportation\nApproval\nDepartment of Commerce\nNo objection\nDepartment of State\nNo comment\nDiscussion\nThe enrolled bill is identical to a draft bill submitted to\nCongress by the Department of Transportation.\nThe present law was adopted in 1933. It provides that the\nmaximum working pressure for boilers and pressure vessels be\nbased on a safety factor of four. Since 1933 technological\nchanges in such fields as stress analysis have led to the\ndevelopment of Boiler and Pressure Codes by the American Society\nof Mechanical Engineers (ASME) which permit use of a safety fac-\ntor of three. In its report on H.R. 10309 the House Committee\non Merchant Marine and Fisheries stated:\n\"Equivalent or higher integrity is obtained\nby replacing a larger safety or ignorance\n2\nfactor of four with the smaller safety factor\nof three accompanied by a detailed stress\nanalysis.\"\nDiscussing current major projects of interest to both the\ngovernment and industry the House Committee further stated:\n\"\na saving in terms of safety and weight\nefficiency is achieved by using the more\nmodern safety factor combined with a detailed\nstress analysis The proposed amendment is\nneeded to permit greater flexibility in the\nsafety standards applicable to boilers and\npressure vessels. The flexibility provided\nby this bill will allow the Coast Guard to\nmaintain a more realistic position, consistent\nwith current technology, in the regulation of\nmarine safety.\"\nnefred H Romund\nFORD LIBRARY is GERALD\nAssistant Director for\nLegislative Reference\nEnclosures\nOf\nOFFICE OF THE SECRETARY OF TRANSPORTATION\nWASHINGTON, D.C. 20590\nUNITED\nAMERICA\nSTATES\nof\nAUG 2 1974\nHonorable Roy L. Ash\nDirector\nBERALD FORD LIBRARY\nOffice of Management and Budget\nWashington, D. C. 20503\nDear Mr. Ash:\nReference is made to your request for the views of the\nDepartment of Transportation concerning H.R. 10309, an\nenrolled bill\n\"To amend the Act of June 13, 1933 (P.L. 73-40),\nconcerning safety standards for boilers and\npressure vessels, and for other purposes. \"\nThis is a legislative proposal of the Department of\nTransportation. The statute to be amended provides that\nthe maximum working pressure for marine boilers and\npressure vessels shall be based on a safety factor of\nfour. This means that boilers and pressure vessels must\nbe built in such a way as to theoretically withstand up\nto four times their normal operating pressure without\nfailure. The enrolled bill would authorize the Department\nto set boiler and pressure vessel standards through the\nregulatory process. It would also reword the statute\nsimplifying its language.\nThe present statute was enacted in 1933. Since that time\nsignificant strides have been made in stress analysis, in\nthe manufacture and testing of construction materials and\nin the technology of boiler and pressure vessel fabrication\nwhich have reduced the need for so high a safety factor.\nThe inability of the Coast Guard to use modern standards\nimposes an economic and technical hardship on the American\nshipbuilding industry without meaningful benefit in terms\nof increased safety. The enrolled bill will open the way to\ngreater flexibility in the application of safety standards\nto boilers and pressure vessels. This flexibility will\nallow the Coast Guard to maintain a more realistic position,\nconsistent with current technology, in the regulation of\nmarine safety.\nAccordingly, the Department of Transportation strongly\nrecommends that the President sign the enrolled bill, H.R.\n10309.\nSincerely, ligh\nRodney E. Eyster\nGeneral Counsel\nFORD LIBRARY & GERALD\n2\nDEPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\n*\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nAUG 5 1974\nHonorable Roy L. Ash\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nFORD i LIBRARY QERALD\nAttention: Assistant Director for Legislative Reference\nDear Mr. Ash:\nThis is in reply to your request for the views of this Department\nwith respect to H.R. 10309, an enrolled enactment\n\"To amend the Act of June 13, 1933 (Public Law 73-40),\nconcerning safety standards for boilers and pressure\nvessels, and for other purposes. 11\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nfor use on ships must be built in such a way as to theoretically with-\nstand up to four times their normal operating pressure without failure.\nH.R. 10309 would delete this requirement and would authorize the\nCommandant of the Coast Guard to set boiler and pressure vessel\nstandards through the regulatory process.\nThis Department would have no objection to approval of H. R. 10309\nby the President.\nEnactment of this legislation will not involve the expenditure of any\nfunds by this Department.\nSincerely,\nKarl E. Bakke\nGeneral Counsel\n93D CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n2d Session\nNo. 93-762\nCOAST GUARD SAFETY STANDARDS FOR BOILERS\nAND PRESSURE VESSELS\nJANUARY 22, 1974.-Committed to the Committee of the Whole House on the\nState of the Union and ordered to be printed\nMrs. SULLIVAN, from the Committee on Merchant Marine and\nFORD\nFisheries, submitted the following\nGERALD\nLIBRARY\nREPORT\n[To accompany H.R. 10309]\nThe Committee on Merchant Marine and Fisheries, to whom was\nreferred the bill (H.R. 10309) to amend the Act of June 13, 1933\n(Public Law 73-40), concerning safety standards for boilers and pres-\nsure vessels, and for other purposes, having considered the same, re-\nport favorably thereon without amendment and recommend that the\nbill do pass.\nPURPOSE OF THE LEGISLATION\nThe purpose of the bill is to amend the Act of June 13, 1933, to pro-\nvide greater flexibility in the safety standards applicable to boilers\nand pressure vessels which in turn will allow the Coast Guard to\nmaintain a more realistic position, consistent with current technology,\nin the regulation of marine safety.\nBACKGROUND AND NEED FOR THE LEGISLATION\nThe statute to be amended provides that the maximum working\npressure for marine boilers and pressure vessels shall be based on a\nsafety factor of four. This means that boilers and pressure vessels\nmust be built in such a way as to theoretically withstand up to four\ntimes their normal operating pressure without failure. The proposed\namendment would empower the Commandant of the Coast Guard to\nset boiler and pressure vessel standards through the regulatory proc-\ness. It would also reword the statute SO as to simplify its language.\nThe original statute was passed in 1933. Since then significant strides\nhave been made in stress analysis, in the manufacturing and testing\nof construction materials, and in the technology of boiler and pres-\nsure vessel fabrication. Boiler and Pressure Codes which represent\nmore modern standards for safety in boiler and pressure vessel design\nhave been developed by the American Society of Mechanical Engi-\n99-006\nDigitized from Box 1 of the White House Records Office Legislation Case Files\nat the Gerald R. Ford Presidential Library\n2\n3\nneers (ASME). These Codes permit the use of a safety factor of three.\ning safety standards for boilers and pressure vessels, and for other\nEquivalent or higher integrity is obtained by replacing a larger safety\npurposes.\"\nor ignorance factor of four with the smaller safety factor of three ac-\nThe statute to be amended provides that the maximum working pres-\ncompanied by a detailed stress analysis. Requirements for material\nsure for marine boilers and pressure vessels shall be based on a safety\nfabrication and inspection are also more restrictive under the Codes\nfactor of four. This means the boilers and pressure vessels must be built\nand reflect practices which have been developed and proven in the\nin such a way as to theoretically withstand up to four times their nor-\nUnited States during the past decade in the construction of nuclear\nmal operating pressure without failure. The proposed amendment\nreactor vessels.\nwould empower the Commandant of the Coast Guard to set boiler and\nA number of current projects of interest to both the government\npressure vessel standards through the regulatory process. It would\nand industry, including a proposed floating nuclear power plant, vari-\nalso reword the statute simplifying its language.\nous liquified natural gas (LNG) cargo containment systems using\nThe present statute was passed in 1933. Since then significant strides\npressure vessel type tanks, and the American Society of Mechanical\nhave been made in stress analysis, in the manufacture and testing of\nEngineers Ad Hoc Committee study on hyperbaric chambers, would\nconstruction materials and in the technology of boiler and pressure\nutilize an ASME Code with the pressure vessel safety factor of three.\nvessel fabrication. Boiler and Pressure Codes which represent more\nIn each of these projects, a saving in terms of safety and weight\nmodern standards for safety in boiler and pressure vessel design have\nefficiency is achieved by using the more modern safety factor com-\nbeen developed by the American Society of Mechanical Engineers.\nbined with a detailed stress analysis. The inability of the Coast Guard\nThese Codes permit a safety factor of three. Yet under the Codes an\nto use the ASME Code or similar standards imposes economic and\nequivalent or higher integrity than is required under present law can\ntechnical hardships on the American shipbuilding industry without\nbe obtained by replacing a larger safety factor or ignorance factor of\na meaningful return of benefits in terms of increased safety.\nfour with a smaller safety factor of three and performing a detailed\nThe proposed amendment is needed to permit greater flexibility\nstress analysis. Requirements for materials fabrication and inspection\nin the safety standards applicable to boilers and pressure vessels. The\nare also more restrictive under the Codes. These increased requirements\nflexibility provided by this bill will allow the Coast Guard to main-\nreflect practices which have been developed and proven in the U.S. dur-\ntain a more realistic position, consistent with current technology, in\ning the past decade in the construction of nuclear reactor vessels.\nthe regulation of marine safety.\nThe Office of Merchant Marine Safety within the Coast Guard is\ncurrently considering industry and government proposals concerning\nCOMMITTEE ACTION AND CONCLUSION\nthe Tenneco/Westinghouse offshore floating nuclear power generating\nplant, the MARAD/General Electric Nuclear ship propulsion study,\nThe Committee held hearings on October 2, 1973. All testimony\nthe ASME Ad Hoc Committee study on hyperbaric chambers, and\nwas favorable. The Committee ordered the legislation favorably re-\nvarious liquified natural gas (LNG) cargo containment systems uti-\nported without objection.\nlizing pressure vessel type tanks. These proposed projects would uti-\nCOST OF LEGISLATION\nlize an ASME Code involving a pressure vessel with a safety factor of\nthree.\nPursuant to Clause 7 of Rule XIII of the Rules of the House of\nThe inability of the Coast Guard to use the Code standards, or sim-\nRepresentatives, the Committee estimates that there will be no addi-\nilar standards, would impose an economic and technical hardship on\ntional cost to the Government as the result of the enactment of this\nthe American shipbuilding industry without meaningful benefits in\nlegislation.\nterms of increased safety. The proposed amendment would open the\nDEPARTMENTAL REPORTS\nway to greater flexibility in the safety standards applicable to boilers\nand pressure vessels. Such flexibility would allow the Coast Guard to\nThe Department of Transportation transmitted an Executive Com-\nmaintain a more realistic position, consistent with current technology,\nmunication dated June 25, 1973 on the subject legislation. The draft\nin the regulation of marine safety.\nbill submitted is now H.R. 10309 and the Executive Communication\nIt would be appreciated if you would lay the proposed bill before the\nis No. 1083, which follows herewith. There also follows a report from\nHouse of Representatives. A similar bill has been transmitted to the\nthe Department of Commerce:\nPresident of the Senate.\nThe Office of Management and Budget has advised that there is no\n[Exec. CoMM. No. 1083]\nobjection from the standpoint of the Administration's program to the\nsubmission of this proposed legislation to the Congress.\nTHE SECRETARY OF TRANSPORTATION,\nSincerely,\nWashington, D.C., June 25, 1973.\nCLAUDE S. BRINEGAR.\nHon. CARL ALBERT,\nEnclosure.\nSpeaker of the House of Representatives,\n(The attached draft bill is now H.R. 10309.)\nW ashington, D.C.\nDEAR MR. SPEAKER: There is transmitted herewith a draft of a pro-\nposed bill \"To amend the Act of June 13, 1933 (P.L. 73-40), concern-\nH.R. 762\nH.R. 762\n4\nGENERAL COUNCIL OF THE DEPARTMENT OF COMMERCE,\nWashington, D.C., January 17, 1974.\nHon. LEONOR K. SULLIVAN,\nChairman, Committee on Merchant Marine and Fisheries, U.S. House\nof Representatives, Washington, D.C.\nDEAR MADAM CHAIRMAN: This is in further reply to your request\nfor the views of this Department with respect to H.R. 10309, a bill-\nTo amend the Act of June 13, 1933 (Public Law 73-40), concerning\nsafety standards for boilers and pressure vessels, and for other\npurposes.\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nfor use on ships must be built in such a way as to theoretically with-\nstand up to four times their normal operating pressure without failure.\nThe bill would delete this requirement and would authorize the Com-\nmandant of the Coast Guard to set boiler and pressure vessel standards\nthrough the regulatory process.\nWe recommend enactment of the bill. The bill would permit the\nCoast Guard to utilize current technology in setting standards and\nwould allow periodic upgrading of such standards in keeping with\ntechnological advances.\nWe have been advised by the Office of Management and Budget that\nthere would be no objection to the submission of our report to the\nCongress from the standpoint of the Administration's program.\nSincerely,\nKARL E. BAKKE,\nGeneral Counsel.\nCHANGES IN EXISTING LAW\nIn compliance with clause 3 of rule XIII of the Rules of the House\nof Representatives, as amended, changes in existing law made by the\nbill, as reported, are shown as follows (existing law proposed to be\nomitted is enclosed in black brackets, new matter is printed in italic,\nexisting law in which no change is proposed is shown in roman) :\nSECTION 4433 OF THE REVISED STATUTES, AS AMENDED\n(46 U.S.C. 411)\nSEC. 4433. The board of supervising inspectors is hereby empowered\nto prescribe formulas, rules, and regulations for the design, material,\n[and] construction, and operation of boilers, unfired pressure vessels,\npiping, valves, fittings, and other appurtenances [thereof, and steam\npiping] for use on vessels subject to the provisions of this Act. [The\nmaximum working pressure shall be determined by formulas pre-\nscribed by the board of supervising inspectors, and no such boiler,\npressure vessel, or appurtenance thereof shall be designed or operated\nwhere the factor of safety is less than four: Provided, That the mini-\nmum thickness and maximum allowable working pressure of valves,\nfittings, and other appurtenances shall be determined by formulas pre-\nscribed by the board of supervising inspectors.]\nH.R. 762\nCalendar No. 996\n93D CONGRESS\n}\nSENATE\n~\nREPORT\nNo. 93-1034\n2d Session\nAMENDING THE ACT OF JUNE 13, 1933 (PUBLIC LAW 73-\n40), CONCERNING SAFETY STANDARDS FOR BOILERS\nAND PRESSURE VESSELS, AND FOR OTHER PURPOSES\nJULY 29, 1974.-Ordered to be printed\nMr. MAGNUSON, from the Committee on Commerce,\nsubmitted the following\nREPORT\n[To accompany H.R. 10309]\nThe Committee on Commerce, to which was referred the bill (H.R.\n10309) to amend the Act of June 13, 1933 (Public Law 73-40), con-\ncerning safety standards for boilers and pressure vessels, and for\nother purposes, having considered the same, reports favorably thereon\nwithout amendment and recommends that the bill do pass.\nPURPOSE\nThe purpose of the bill is to amend the Act of June 13, 1933, to\nprovide greater flexibility in the safety standards applicable to boil-\ners and pressure vessels by allowing the Coast Guard through the\nregulatory process to set more realistic standards, consistent with\ncurrent technology.\nBACKGROUND AND NEED FOR THE LEGISLATION\nThe original statute to be amended was passed in 1933. It pro-\nvides that the maximum working pressure for marine boilers and\npressure vessels shall be based on a safety factor of four. A \"factor of\nsafety\" of four requires boilers and pressure vessels to have material\nthicknesses and design construction to withstand a pressure four\ntimes the design operating pressure without failure.\nSince 1933, significant advances have been made in the manufac-\nture and testing of construction materials, in the technology and tech-\nniques of boiler and pressure vessel fabrication and in the methods\n38-010\n2\n3\nof stress analysis. The American Society of Mechanical Engineers\nDEPARTMENTAL VIEWS\n(ASME) has developed boiler and pressure vessel codes to reflect\nthese advancements in technology, materials, workmanship and quality\nGENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE,\ncontrol, and they are continually revised by committees of technical\nWashington, D.C., April 1, 1974.\nexperts. These codes provide for a safety factor of three rather than\nHon. WARREN G. MAGNUSON,\nfour. This new safety factor, combined with a detailed stress\nChairman, Committee on Commerce,\nanalysis and more comprehensive requirements for construction and\nU.S. Senate, Washington, D.C.\ncontrol, assure an equivalent or higher standard for safety.\nDEAR MR. CHAIRMAN This is in further reply to your request for\nIf the Coast Guard is not permitted to use the ASME Code or\nthe views of this Department with respect to H.R. 10309, an act \"To\nsimilar current standards, economic and technical handicaps will be\namend the Act of June 13, 1933 (Public Law 73-40), concerning safety\nimposed on the American shipbuilding industry. Various liquefied\nstandards for boilers and pressure vessels, and for other purposes.\"\nflammable gas pressure type tanks, offshore floating nuclear power\nThe Act of June 13, 1933, requires that boilers and pressure vessels\nplants, and nuclear ship propulsion system could utilize the revised\nfor use on ships must be built in such a way as to theoretically with-\ncode without a reduction in the level of safety.\nstand up to four times their normal operating pressure without fail-\nure. H.R. 10309 would delete this requirement and would authorize the\nCOMMITTEE ACTION AND CONCLUSION\nCommandant of the Coast Guard to set boiler and pressure vessel\nstandards through the regulatory process.\nOn March 27, 1974, the Committee gave public notice that it was\nWe recommend enactment of H.R. 10309. This act would permit the\nconsidering H.R. 10309 and invited interested parties to submit writ-\nCoast Guard to utilize current technology in setting standards and\nten statements on the bill by April 10, 1974. No comments were re-\nwould allow periodic upgrading of such standards in keeping with\nceived. On June 4, 1974, the Committee ordered the legislation favoi-\ntechnological advances.\nably reported without objection.\nWe have been advised by the Office of Management and Budget that\nthere would be no objection to the submission of our report to the Con-\nCOST ESTIMATES\ngress from the standpoint of the Administration's program.\nPursuant to requirements of Section 252 of the Legislative Reorgani-\nSincerely,\nzation Act of 1970, the Committee estimated that there will be no ad-\nKARL E. BAKKE,\nditional cost to the Government as a result of the enactment of this\nGeneral Counsel.\nlegislation.\nCHANGES IN EXISTING LAW\nOFFICE OF THE SECRETARY OF TRANSPORTATION,\nWashington, D.C., May 2, 1974.\nThe proposed legislation makes changes in existing law as follows\nHon. WARREN G. MAGNUSON,\n(existing law proposed to be omitted is enclosed in black brackets, new\nChairman, Committee on Commerce,\nmatter is printed in italic, existing law in which no change is proposed\nU.S. Senate, Washington, D.C.\nis shown in roman) :\nDEAR MR. CHAIRMAN: Reference is made to your request for the\nviews of the Department of Transportation concerning H.R. 10309, a\nSECTION 4433 OF THE REVISED STATUTES, AS AMENDED, (46 U.S.C. 411)\nbill \"To amend the Act of June 13, 1933 (Public Law 73-40), concern-\nSEC. 4433. The board of supervising inspectors is hereby empowered\ning safety standards for boilers and pressure vessels, and for other\nto prescribe formulas, rules, and regulations for the design, material,\npurposes.\"\n[and] construction, and operation of boilers, unfired pressure vessels,\nThe bill modernizes the existing safety standards for marine boilers\npiping, valves, fittings, and other appurtenances [thereof, and steam\nand pressure vessels. The statute, as amended, would authorize the\npiping] for use on vessels subject to the provisions of this Act. [The\nCoast Guard to maintain a more realistic position, one consistent with\nmaximum working pressure shall be determined by formulas pre-\ncurrent technology, in the safety regulation of marine boilers and\nscribed by the board of supervising inspectors, and no such boiler,\npressure vessels.\npressure vessel, or appurtenance thereof shall be designed or operated\nH.R. 10309 is a legislative proposal of the Department of Trans-\nwhere the factor of safety is less than four Provided, That the mini-\nportation. We strongly urge its favorable consideration by the Com-\nmum thickness and maximum allowable working pressure of valves,\nmittee on Commerce.\nfittings, and other appurtenances shall be determined by formulas pre-\nThe Office of Management and Budget advises that, from the stand-\nscribed by the board of supervising inspectors.]\npoint of the Administration's program, there is no objection to the\nsubmission of this report for the consideration of the Committee.\nSincerely,\nRODNEY E. EYSTER,\nGeneral Counsel.\nS.R. 1034\nO\nH.R. 10309\nAinety-third Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the twenty-first day of January,\none thousand nine hundred and seventy-four\nLIBRARY\nAn Act\nFORD\nTo amend the Act of June 13, 1933 (Public Law 73-40), concerning safety\nGERALD\nstandards for boilers and pressure vessels, and for other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That section 4433\nof the Revised Statutes, as amended (46 U.S.C. 411) is amended as\nfollows:\n(1) By deleting the word \"and\" before the words \"construction\nof boilers,\".\n(2) By inserting the words \", and operation\" before the words \"of\nboilers, unfired\".\n(3) By inserting after the words \"unfired pressure vessels\" the\nwords \"piping, valves, fittings,\".\n(4) By placing the word \"other\" before the word \"appurtenances\".\n(5) By deleting the words \"thereof, and steam piping\".\n(6) By deleting the second sentence including the proviso.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate."
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