US (United States) Code. Title 46. Subtitle II: Part B. Chapter 27: Carriage of liquid bulk dangerous cargoes

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS

CARGOES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-MISC1-

Sec.

3701. Definitions.

3702. Application.

3703. Regulations.

3703a. Tank vessel construction standards.

3704. Coastwise trade vessels.

3705. Crude oil tanker minimum standards.

3706. Product carrier minimum standards.

3707. Tanker minimum standards.

3708. Self-propelled tank vessel minimum standards.

3709. Exemptions.

3710. Evidence of compliance by vessels of the United

States.

3711. Evidence of compliance by foreign vessels.

3712. Notification of noncompliance.

3713. Prohibited acts.

3714. Inspection and examination.

3715. Lightering.

3716. Tank washings.

3717. Marine safety information system.

3718. Penalties.

3719. Reduction of oil spills from non-self-propelled tank

vessels.(!1)

AMENDMENTS

1996 - Pub. L. 104-324, title IX, Sec. 901(c), Oct. 19, 1996, 110

Stat. 3947, added item 3719.

1990 - Pub. L. 101-380, title IV, Sec. 4115(c), Aug. 18, 1990,

104 Stat. 520, added item 3703a.

HISTORICAL AND REVISION NOTES

Chapter 37 consolidates the laws that are applicable to vessels

that transport oil or hazardous material in bulk as cargo or cargo

residue.

The history of Federal authority to carry out a tank vessel

safety program begins with the enactment of the so-called Tank

Vessel Act of 1936 which, as amended, is presently codified in

section 391a of title 46, United States Code. The 1936 Act remained

essentially the same until it was amended by the Ports and

Waterways Safety Act of 1972. The 1972 amendment contained more

specific standards for the protection of a tank vessel and its crew

and added vessel standards to improve the quality of the marine

environment. After a rash of tank vessel accidents during the

latter part of 1976 and early 1977 within our territorial seas and

in nearby coastal waters, there was an outpouring of public

attention to the need to protect United States ports and waterways,

for the safety of tank vessels, and for the protection of the

marine environment. This led to the enactment of the Port and

Tanker Safety Act of 1978, which provided broader and more

extensive regulatory authority over areas already regulated and

over many areas not previously regulated. It provided for

improvements in the supervision and control of vessels of all types

operating in the navigable waters of the United States, and in the

safety of all tank vessels, foreign or domestic, that transport or

transfer oil or hazardous cargoes in ports or places subject to the

jurisdiction of the United States. The 1978 amendments also

reflect, in part, certain tank vessel standards and requirements

that have been accepted internationally, in particular those

developed by the International Conference on Tanker Safety and

Pollution Prevention held in London in February, 1978.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2102, 3303, 4501, 8501,

8502, 8701, 8702, 8703, 9101, 9102 of this title; title 8 section

1288; title 33 section 1228; title 49 section 5117.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

46 USC Sec. 3701 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3701. Definitions

-STATUTE-

In this chapter -

(1) "existing", when referring to a type of vessel to which

this chapter applies, means a vessel that is not a new vessel.

[(2) Repealed. Pub. L. 100-424, Sec. 8(c)(2), Sept. 9, 1988,

102 Stat. 1593.]

(3) "new", when referring to a type of vessel to which this

chapter applies, means a vessel -

(A) for which the building contract is placed after June 1,

1979;

(B) in the absence of a building contract, the keel of which

is laid, or which is at a similar stage of construction, after

January 1, 1980;

(C) the delivery of which is after June 1, 1982; or

(D) that has undergone a major conversion under a contract

made after June 1, 1979, or construction work that began after

January 1, 1980, or was completed after June 1, 1982.

(4) "person" means an individual (even if not a citizen or

national of the United States), a corporation, partnership,

association, or other entity (even if not organized or existing

under the laws of a State), the United States Government, a State

or local government, a government of a foreign country, or an

entity of one of those governments.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99-509, title

V, Sec. 5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-424,

Sec. 8(c)(2), Sept. 9, 1988, 102 Stat. 1593.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3701(1) 46:391a(2)(R)

3701(2) 46:391a(2)(P)

3701(3) 46:391a(2)(Q)

3701(4) 46:391a(2)(F)

3701(5) 46:391a(2)(J)

3701(6) 46:391a(2)(K)

--------------------------------------------------------------------

Section 3701 contains definitions that are of a special nature

with limited applicability to this chapter.

AMENDMENTS

1988 - Par. (2). Pub. L. 100-424 struck out par. (2) which read

as follows: " 'major conversion' means a conversion of an existing

vessel that substantially changes the dimensions or carrying

capacity of the vessel or changes the type of vessel or

substantially prolongs its life or that otherwise so changes the

vessel that it is essentially a new vessel, as decided by the

Secretary."

1986 - Pars. (5), (6). Pub. L. 99-509 struck out par. (5)

defining "State" as including Trust Territory of the Pacific

Islands in addition to its meaning under section 2101(36) of this

title, and struck out par. (6) defining "United States" as

including the Trust Territory of the Pacific Islands in addition to

its meaning under section 2101(44) of this title.

EFFECTIVE DATE

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.

98-89, set out as a note under section 3101 of this title.

-End-

-CITE-

46 USC Sec. 3702 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3702. Application

-STATUTE-

(a) Subject to subsections (b)-(e) of this section, this chapter

applies to a tank vessel.

(b) This chapter does not apply to a documented vessel that would

be subject to this chapter only because of the transfer of fuel

from the fuel supply tanks of the vessel to offshore drilling or

production facilities in the oil industry if the vessel is -

(1) not more than 500 gross tons as measured under section

14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title;

(2) not a tanker; and

(3) in the service of oil exploitation.

(c) This chapter does not apply to a fishing or fish tender

vessel of not more than 500 gross tons as measured under section

14502 of this title, or an alternate tonnage measured under section

14302 of this title as prescribed by the Secretary under section

14104 of this title when engaged only in the fishing industry.

(d) This chapter does not apply to a fish processing vessel of

not more than 5,000 gross tons as measured under section 14502 of

this title, or an alternate tonnage measured under section 14302 of

this title as prescribed by the Secretary under section 14104 of

this title. However, the vessel is subject to regulation by the

Secretary when carrying flammable or combustible liquid cargo in

bulk.

(e) This chapter does not apply to a foreign vessel on innocent

passage on the navigable waters of the United States.

(f) This chapter does not apply to an oil spill response vessel

if -

(1) the vessel is used only in response-related activities; or

(2) the vessel is -

(A) not more than 500 gross tons as measured under section

14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary

under section 14104 of this title;

(B) designated in its certificate of inspection as an oil

spill response vessel; and

(C) engaged in response-related activities.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98-364, title

IV, Sec. 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104-324,

title VII, Sec. 714, title XI, Sec. 1104(b), Oct. 19, 1996, 110

Stat. 3936, 3966.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3702 46:391a

--------------------------------------------------------------------

Section 3702, with certain exceptions, makes this chapter

applicable to any tank vessel operating in the navigable waters of

the United States or transferring oil or hazardous materials in any

port or place subject to the jurisdiction of the United States, and

which carries oil or any hazardous materials in bulk as cargo or in

residue, regardless of tonnage, size or manner of propulsion;

whether it is self-propelled or not; whether it is carrying freight

or passengers for hire or not; and whether it is a vessel of the

United States or a foreign vessel.

It exempts certain small vessels documented in the service of oil

exploitation, certain small tender and fishing vessels used in the

Northwest salmon or crab fisheries, certain vessels used in the

processing and assembling of fishery products used in the Northwest

fisheries, public vessels, and foreign vessels engaged on innocent

passage on the navigable waters of the United States. However,

processing vessels, while not treated as tank vessels, are still

subject to regulation when carrying flammable or combustible liquid

cargo in bulk.

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-324, Sec. 714(1), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "500 gross

tons".

Subsec. (c). Pub. L. 104-324, Sec. 714(2), inserted "as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title" after "500 gross tons".

Subsec. (d). Pub. L. 104-324, Sec. 714(3), inserted "as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title" after "5,000 gross tons".

Subsec. (f). Pub. L. 104-324, Sec. 1104(b), added subsec. (f).

1984 - Subsec. (c). Pub. L. 98-364, Sec. 402(6)(A), substituted

"This chapter does not apply to a fishing or fish tender vessel of

not more than 500 gross tons when engaged only in the fishing

industry" for "This chapter does not apply to a cannery tender,

fishing tender, or fishing vessel of not more than 500 gross tons,

used in the salmon or crab fisheries of Alaska, Oregon, or

Washington, when engaged only in the fishing industry".

Subsec. (d). Pub. L. 98-364, Sec. 402(6)(B), substituted "This

chapter does not apply to a fish processing vessel of not more than

5,000 gross tons" for "This chapter does not apply to a vessel of

not more than 5,000 gross tons used in processing and assembling

fishery products of the fisheries of Alaska, Oregon, and

Washington".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8703 of this title; title

49 section 5117.

-End-

-CITE-

46 USC Sec. 3703 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3703. Regulations

-STATUTE-

(a) The Secretary shall prescribe regulations for the design,

construction, alteration, repair, maintenance, operation,

equipping, personnel qualification, and manning of vessels to which

this chapter applies, that may be necessary for increased

protection against hazards to life and property, for navigation and

vessel safety, and for enhanced protection of the marine

environment. The Secretary may prescribe different regulations

applicable to vessels engaged in the domestic trade, and also may

prescribe regulations that exceed standards set internationally.

Regulations prescribed by the Secretary under this subsection are

in addition to regulations prescribed under other laws that may

apply to any of those vessels. Regulations prescribed under this

subsection shall include requirements about -

(1) superstructures, hulls, cargo holds or tanks, fittings,

equipment, appliances, propulsion machinery, auxiliary machinery,

and boilers;

(2) the handling or stowage of cargo, the manner of handling or

stowage of cargo, and the machinery and appliances used in the

handling or stowage;

(3) equipment and appliances for lifesaving, fire protection,

and prevention and mitigation of damage to the marine

environment;

(4) the manning of vessels and the duties, qualifications, and

training of the officers and crew;

(5) improvements in vessel maneuvering and stopping ability and

other features that reduce the possibility of marine casualties;

(6) the reduction of cargo loss if a marine casualty occurs;

and

(7) the reduction or elimination of discharges during

ballasting, deballasting, tank cleaning, cargo handling, or other

such activity.

(b) In prescribing regulations under subsection (a) of this

section, the Secretary shall consider the types and grades of cargo

permitted to be on board a tank vessel.

(c) In prescribing regulations under subsection (a) of this

section, the Secretary shall establish procedures for consulting

with, and receiving and considering the views of -

(1) interested departments, agencies, and instrumentalities of

the United States Government;

(2) officials of State and local governments;

(3) representatives of port and harbor authorities and

associations;

(4) representatives of environmental groups; and

(5) other interested parties knowledgeable or experienced in

dealing with problems involving vessel safety, port and waterways

safety, and protection of the marine environment.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3703 46:391a(6)

46:391a(12)

--------------------------------------------------------------------

Section 3703 requires the Secretary to issue regulations to

implement this section. Specific items are listed to be included

within the regulations issued. The regulatory authority must be

exercised under the Administrative Procedure Act and, in

prescribing these regulations, the Secretary must consider the

kinds and grades of cargo carried on board. Furthermore, in

addition to any requirements of the Administrative Procedure Act,

the Secretary must establish specific consultation procedures for

considering the views of various specified interested officials,

groups, and individuals. The procedures are intended to provide for

consultation as early as possible in the regulatory process.

STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK

Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat.

3947, provided that:

"(a) Study of Group-5 Fuel Oil Spills. -

"(1) Definition. - In this subsection, the term 'group-5 fuel

oil' means a petroleum-based oil that has a specific gravity of

greater than 1.0.

"(2) Coordination of study. - The Secretary of Transportation

shall coordinate with the Marine Board of the National Research

Council to conduct a study of the relative environmental and

public health risks posed by discharges of group-5 fuel oil.

"(3) Matters to be included. - The study under this subsection

shall include a review and analysis of -

"(A) the specific risks posed to the public health or welfare

of the United States, including fish, shellfish and wildlife,

public and private property, shorelines, beaches, habitat, and

other natural resources under the jurisdiction or control of

the United States, as a result of an actual or threatened

discharge of group-5 fuel oil from a vessel or facility;

"(B) cleanup technologies currently available to address

actual or threatened discharge of group-5 fuel oil; and

"(C) any technological and financial barriers that prevent

the prompt remediation of discharges of group-5 fuel oil.

"(4) Report. - Not later than 18 months after the date of

enactment of this Act [Oct. 19, 1996], the Secretary of

Transportation shall submit to the Committee on Environment and

Public Works and the Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on Transportation

and Infrastructure of the House of Representatives a report on

the results of the study under this subsection.

"(5) Rulemaking. - If the Secretary of Transportation

determines, based on the results of the study under this

subsection, that there are significant risks to public health or

the environment resulting from the actual or threatened discharge

of group-5 fuel oil from a vessel or facility that cannot be

technologically or economically addressed by existing or

anticipated cleanup efforts, the Secretary may initiate a

rulemaking to take such action as is necessary to abate the

threat.

"(b) Study of Automatic Fueling Shutoff Equipment. -

"(1) Coordination of study. - The Secretary of Transportation

shall coordinate with the Marine Board of the National Research

Council to conduct a study of the unintentional or accidental

discharge of fuel oil during lightering or fuel loading or

off-loading activity.

"(2) Matters to be included. - The study under this subsection

shall include a review and analysis of current monitoring and

fueling practices to determine the need for automatic fuel

shutoff equipment to prevent the accidental discharge of fuel

oil, and whether such equipment is needed as a supplement to or

replacement of existing preventive equipment or procedures.

"(3) Report. - Not later than 18 months after the date of

enactment of this Act [Oct. 19, 1996], the Secretary of

Transportation shall submit to the Committee on Environment and

Public Works and the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report on

the results of the study under this subsection.

"(4) Rulemaking. - If the Secretary of Transportation

determines, based on the results of the study conducted under

this subsection, that the use of automatic oil shutoff equipment

is necessary to prevent the actual or threatened discharge of oil

during lightering or fuel loading or off[-]loading activity, the

Secretary may initiate a rulemaking to take such action as is

necessary to abate a threat to public health or the environment.

"(c) Lightering Study. - The Secretary of Transportation shall

coordinate with the Marine Board of the National Research Council

on a study into the actual incidence and risk of oil spills from

lightering operations off the coast of the United States. Among

other things, the study shall address the manner in which existing

regulations are serving to reduce oil spill risks. The study shall

take into account current or proposed international rules and

standards and also include recommendations on measures that would

be likely to further reduce the risks of oil spills from lightering

operations. Not later than 18 months after the date of enactment of

this Act [Oct. 19, 1996], the Secretary shall submit a report on

the study to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives."

EXISTING TANK VESSEL RESEARCH

Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat.

3985, provided that:

"(a) Funding. - The Secretary of Transportation shall take steps

to allocate funds appropriated for research, development, testing,

and evaluation, including the combination of funds from any source

available and authorized for this purpose, to ensure that any

Government-sponsored project intended to evaluate double hull

alternatives that provide equal or greater protection to the marine

environment, or interim solutions to remediate potential

environmental damage resulting from oil spills from existing tank

vessels, commenced prior to the date of enactment of this section

[Oct. 19, 1996], is fully funded for completion by the end of

fiscal year 1997. Any vessel construction or repair necessary to

carry out the purpose of this section must be performed in a

shipyard located in the United States.

"(b) Use of Public Vessels. - The Secretary may provide vessels

owned by, or demise chartered to, and operated by the Government

and not engaged in commercial service, without reimbursement, for

use in and the support of projects sponsored by the Government for

research, development, testing, evaluation, and demonstration of

new or improved technologies that are effective in preventing or

mitigating oil discharges and protecting the environment."

OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST AND EVALUATION

PROGRAM

Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat.

2425, provided that:

"(a) Not later than 6 months after the date of enactment of this

Act [Dec. 20, 1993], the Secretary of Transportation shall

establish a program to evaluate the technological feasibility and

environmental benefits of having tank vessels carry oil spill

prevention and response technology. To implement the program the

Secretary shall -

"(1) publish in the Federal Register an invitation for

submission of proposals including plans and procedures for

testing; and

"(2) review and evaluate technology using, to the maximum

extent possible, existing evaluation and performance standards.

"(b) The Secretary shall, to the maximum extent possible,

incorporate in the program established in subsection (a), the

results of existing studies and evaluations of oil spill prevention

and response technology carried on tank vessels.

"(c) Not later than 2 years after the date of the enactment of

this Act [Dec. 20, 1993], the Secretary shall evaluate the results

of the program established in subsection (a) and submit a report to

Congress with recommendations on the feasibility and environmental

benefits of, and appropriate equipment and utilization standards

for, requiring tank vessels to carry oil spill prevention and

response equipment.

"(d) Not later than 6 months after the date of the enactment of

this Act [Dec. 20, 1993], the Secretary shall evaluate and report

to the Congress on the feasibility of using segregated ballast

tanks for emergency transfer of cargo and storage of recovered

oil."

REGULATIONS REQUIRING PERIODIC GAUGING OF PLATING THICKNESS FOR OIL

CARRYING COMMERCIAL VESSELS

Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat.

515, provided that: "Not later than 1 year after the date of the

enactment of this Act [Aug. 18, 1990], the Secretary shall issue

regulations for vessels constructed or adapted to carry, or that

carry, oil in bulk as cargo or cargo residue -

"(1) establishing minimum standards for plating thickness; and

"(2) requiring, consistent with generally recognized principles

of international law, periodic gauging of the plating thickness

of all such vessels over 30 years old operating on the navigable

waters or the waters of the exclusive economic zone."

REGULATIONS REQUIRING USE OF OVERFILL AND TANK LEVEL OR MONITORING

DEVICES ON OIL CARRYING COMMERCIAL VESSELS

Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat.

515, provided that:

"(a) Standards. - Not later than 1 year after the date of the

enactment of this Act [Aug. 18, 1990], the Secretary shall

establish, by regulation, minimum standards for devices for warning

persons of overfills and tank levels of oil in cargo tanks and

devices for monitoring the pressure of oil cargo tanks.

"(b) Use. - Not later than 1 year after the date of the enactment

of this Act [Aug. 18, 1990], the Secretary shall issue regulations

establishing, consistent with generally recognized principles of

international law, requirements concerning the use of -

"(1) overfill devices, and

"(2) tank level or pressure monitoring devices,

which are referred to in subsection (a) and which meet the

standards established by the Secretary under subsection (a), on

vessels constructed or adapted to carry, or that carry, oil in bulk

as cargo or cargo residue on the navigable waters and the waters of

the exclusive economic zone."

TANKER NAVIGATION SAFETY STANDARDS STUDY

Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat.

515, directed Secretary, not later than 2 years after Aug. 18,

1990, to conduct a study and report to Congress on whether existing

laws and regulations are adequate to ensure safe navigation of

vessels transporting oil or hazardous substances in bulk on

navigable waters and waters of the exclusive economic zone.

RULES GOVERNING OPERATION OF VESSELS ON AUTO-PILOT OR WITH

UNATTENDED ENGINE ROOM

Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat.

517, provided that: "In order to protect life, property, and the

environment, the Secretary shall initiate a rulemaking proceeding

within 180 days after the date of the enactment of this Act [Aug.

18, 1990] to define the conditions under, and designate the waters

upon, which tank vessels subject to section 3703 of title 46,

United States Code, may operate in the navigable waters with the

auto-pilot engaged or with an unattended engine room."

REGULATIONS REQUIRING ESCORTS FOR CERTAIN TANKERS; "TANKER" DEFINED

Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104

Stat. 523, provided that:

"(c) Escorts for Certain Tankers. - Not later than 6 months after

the date of the enactment of this Act [Aug. 18, 1990], the

Secretary shall initiate issuance of regulations under section

3703(a)(3) of title 46, United States Code, to define those areas,

including Prince William Sound, Alaska, and Rosario Strait and

Puget Sound, Washington (including those portions of the Strait of

Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of

Georgia subject to United States jurisdiction), on which single

hulled tankers over 5,000 gross tons transporting oil in bulk shall

be escorted by at least two towing vessels (as defined under

section 2101 of title 46, United States Code) or other vessels

considered appropriate by the Secretary.

"(d) Tanker Defined. - In this section [amending section 8502 of

this title] the term 'tanker' has the same meaning the term has in

section 2101 of title 46, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7511b.

-End-

-CITE-

46 USC Sec. 3703a 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3703a. Tank vessel construction standards

-STATUTE-

(a) Except as otherwise provided in this section, a vessel to

which this chapter applies shall be equipped with a double hull -

(1) if it is constructed or adapted to carry, or carries, oil

in bulk as cargo or cargo residue; and

(2) when operating on the waters subject to the jurisdiction of

the United States, including the Exclusive Economic Zone.

(b) This section does not apply to -

(1) a vessel used only to respond to a discharge of oil or a

hazardous substance;

(2) a vessel of less than 5,000 gross tons as measured under

section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title equipped with a double

containment system determined by the Secretary to be as effective

as a double hull for the prevention of a discharge of oil;

(3) before January 1, 2015 -

(A) a vessel unloading oil in bulk at a deepwater port

licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501

et seq.); or

(B) a delivering vessel that is offloading in lightering

activities -

(i) within a lightering zone established under section

3715(b)(5) of this title; and

(ii) more than 60 miles from the baseline from which the

territorial sea of the United States is measured;

(4) a vessel documented under chapter 121 of this title that

was equipped with a double hull before August 12, 1992;

(5) a barge of less than 1,500 gross tons (as measured under

chapter 145 of this title) carrying refined petroleum product in

bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi

Sea, and Arctic Ocean and waters tributary thereto and in the

waters of the Aleutian Islands and the Alaskan Peninsula west of

155 degrees west longitude; or

(6) a vessel in the National Defense Reserve Fleet pursuant to

section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C.

1744).

(c)(1) In this subsection, the age of a vessel is determined from

the later of the date on which the vessel -

(A) is delivered after original construction;

(B) is delivered after completion of a major conversion; or

(C) had its appraised salvage value determined by the Coast

Guard and is qualified for documentation under section 4136 of

the Revised Statutes of the United States (46 App. U.S.C. 14).

(2) A vessel of less than 5,000 gross tons as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title for which a building contract or

contract for major conversion was placed before June 30, 1990, and

that is delivered under that contract before January 1, 1994, and a

vessel of less than 5,000 gross tons as measured under section

14502 of this title, or an alternate tonnage measured under section

14302 of this title as prescribed by the Secretary under section

14104 of this title that had its appraised salvage value determined

by the Coast Guard before June 30, 1990, and that qualifies for

documentation under section 4136 of the Revised Statutes of the

United States (46 App. U.S.C. 14) before January 1, 1994, may not

operate in the navigable waters or the Exclusive Economic Zone of

the United States after January 1, 2015, unless the vessel is

equipped with a double hull or with a double containment system

determined by the Secretary to be as effective as a double hull for

the prevention of a discharge of oil.

(3) A vessel for which a building contract or contract for major

conversion was placed before June 30, 1990, and that is delivered

under that contract before January 1, 1994, and a vessel that had

its appraised salvage value determined by the Coast Guard before

June 30, 1990, and that qualifies for documentation under section

4136 of the Revised Statutes of the United States (46 App. U.S.C.

14) before January 1, 1994, may not operate in the navigable waters

or Exclusive Economic Zone of the United States unless equipped

with a double hull -

(A) in the case of a vessel of at least 5,000 gross tons but

less than 15,000 gross tons as measured under section 14502 of

this title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title -

(i) after January 1, 1995, if the vessel is 40 years old or

older and has a single hull, or is 45 years old or older and

has a double bottom or double sides;

(ii) after January 1, 1996, if the vessel is 39 years old or

older and has a single hull, or is 44 years old or older and

has a double bottom or double sides;

(iii) after January 1, 1997, if the vessel is 38 years old or

older and has a single hull, or is 43 years old or older and

has a double bottom or double sides;

(iv) after January 1, 1998, if the vessel is 37 years old or

older and has a single hull, or is 42 years old or older and

has a double bottom or double sides;

(v) after January 1, 1999, if the vessel is 36 years old or

older and has a single hull, or is 41 years old or older and

has a double bottom or double sides;

(vi) after January 1, 2000, if the vessel is 35 years old or

older and has a single hull, or is 40 years old or older and

has a double bottom or double sides; and

(vii) after January 1, 2005, if the vessel is 25 years old or

older and has a single hull, or is 30 years old or older and

has a double bottom or double sides;

(B) in the case of a vessel of at least 15,000 gross tons but

less than 30,000 gross tons as measured under section 14502 of

this title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title -

(i) after January 1, 1995, if the vessel is 40 years old or

older and has a single hull, or is 45 years old or older and

has a double bottom or double sides;

(ii) after January 1, 1996, if the vessel is 38 years old or

older and has a single hull, or is 43 years old or older and

has a double bottom or double sides;

(iii) after January 1, 1997, if the vessel is 36 years old or

older and has a single hull, or is 41 years old or older and

has a double bottom or double sides;

(iv) after January 1, 1998, if the vessel is 34 years old or

older and has a single hull, or is 39 years old or older and

has a double bottom or double sides;

(v) after January 1, 1999, if the vessel is 32 years old or

older and has a single hull, or 37 years old or older and has a

double bottom or double sides;

(vi) after January 1, 2000, if the vessel is 30 years old or

older and has a single hull, or is 35 years old or older and

has a double bottom or double sides;

(vii) after January 1, 2001, if the vessel is 29 years old or

older and has a single hull, or is 34 years old or older and

has a double bottom or double sides;

(viii) after January 1, 2002, if the vessel is 28 years old

or older and has a single hull, or is 33 years old or older and

has a double bottom or double sides;

(ix) after January 1, 2003, if the vessel is 27 years old or

older and has a single hull, or is 32 years old or older and

has a double bottom or double sides;

(x) after January 1, 2004, if the vessel is 26 years old or

older and has a single hull, or is 31 years old or older and

has a double bottom or double sides; and

(xi) after January 1, 2005, if the vessel is 25 years old or

older and has a single hull, or is 30 years old or older and

has a double bottom or double sides; and

(C) in the case of a vessel of at least 30,000 gross tons as

measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title -

(i) after January 1, 1995, if the vessel is 28 years old or

older and has a single hull, or 33 years old or older and has a

double bottom or double sides;

(ii) after January 1, 1996, if the vessel is 27 years old or

older and has a single hull, or is 32 years old or older and

has a double bottom or double sides;

(iii) after January 1, 1997, if the vessel is 26 years old or

older and has a single hull, or is 31 years old or older and

has a double bottom or double sides;

(iv) after January 1, 1998, if the vessel is 25 years old or

older and has a single hull, or is 30 years old or older and

has a double bottom or double sides;

(v) after January 1, 1999, if the vessel is 24 years old or

older and has a single hull, or 29 years old or older and has a

double bottom or double sides; and

(vi) after January 1, 2000, if the vessel is 23 years old or

older and has a single hull, or is 28 years old or older and

has a double bottom or double sides.

(4) Except as provided in subsection (b) of this section -

(A) a vessel that has a single hull may not operate after

January 1, 2010; and

(B) a vessel that has a double bottom or double sides may not

operate after January 1, 2015.

(d) The operation of barges described in subsection (b)(5)

outside waters described in that subsection shall be on any

conditions as the Secretary may require.

(e)(1) For the purposes of this section and except as otherwise

provided in paragraphs (2) and (3) of this subsection, the gross

tonnage of a vessel shall be the gross tonnage that would have been

recognized by the Secretary on July 1, 1997, as the tonnage

measured under section 14502 of this title, or as an alternate

tonnage measured under section 14302 of this title as prescribed by

the Secretary under section 14104 of this title.

(2)(A) The Secretary may waive the application of paragraph (1)

to a tank vessel if -

(i) the owner of the tank vessel applies to the Secretary for

the waiver before January 1, 1998;

(ii) the Secretary determines that -

(I) the owner of the tank vessel has entered into a binding

agreement to alter the tank vessel in a shipyard in the United

States to reduce the gross tonnage of the tank vessel by

converting a portion of the cargo tanks of the tank vessel into

protectively located segregated ballast tanks; and

(II) that conversion will result in a significant reduction

in the risk of a discharge of oil;

(iii) at least 60 days before the date of the issuance of the

waiver, the Secretary -

(I) publishes notice that the Secretary has received the

application and made the determinations required by clause

(ii), including a description of the agreement entered into

pursuant to clause (ii)(I); and

(II) provides an opportunity for submission of comments

regarding the application; and

(iv) the alterations referred to in clause (ii)(I) are

completed before the later of -

(I) the date by which the first special survey of the tank

vessel is required to be completed after the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 1998; or

(II) July 1, 1999.

(B) A waiver under subparagraph (A) shall not be effective after

the expiration of the 3-year period beginning on the first date on

which the tank vessel would have been prohibited by subsection (c)

from operating if the alterations referred to in subparagraph

(A)(ii)(I) were not made.

(3) This subsection does not apply to a tank vessel that, before

July 1, 1997, had undergone, or was the subject of a contract for,

alterations that reduce the gross tonnage of the tank vessel, as

shown by reliable evidence acceptable to the Secretary.

-SOURCE-

(Added Pub. L. 101-380, title IV, Sec. 4115(a), Aug. 18, 1990, 104

Stat. 517; amended Pub. L. 104-324, title VII, Sec. 715, title XI,

Sec. 1103, Oct. 19, 1996, 110 Stat. 3937, 3966; Pub. L. 105-85,

div. C, title XXXVI, Sec. 3606, Nov. 18, 1997, 111 Stat. 2077.)

-REFTEXT-

REFERENCES IN TEXT

The Deepwater Port Act of 1974, referred to in subsec. (b)(3)(A),

is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended, which

is classified generally to chapter 29 (Sec. 1501 et seq.) of Title

33, Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1501 of Title 33 and Tables.

The date of the enactment of the National Defense Authorization

Act for Fiscal Year 1998, referred to in subsec. (e)(2)(A)(iv)(I),

is the date of enactment of Pub. L. 105-85, which was approved Nov.

18, 1997.

-MISC1-

AMENDMENTS

1997 - Subsec. (e). Pub. L. 105-85 added subsec. (e).

1996 - Subsec. (b)(2). Pub. L. 104-324, Sec. 715(1), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "5,000 gross

tons".

Subsec. (b)(4) to (6). Pub. L. 104-324, Sec. 1103(1), added pars.

(4) to (6).

Subsec. (c)(2). Pub. L. 104-324, Sec. 715(2), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "5,000 gross

tons" in two places.

Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 715(3), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "15,000 gross

tons".

Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 715(4), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "30,000 gross

tons".

Subsec. (c)(3)(C). Pub. L. 104-324, Sec. 715(5), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "30,000 gross

tons".

Subsec. (d). Pub. L. 104-324, Sec. 1103(2), added subsec. (d).

EFFECTIVE DATE

Section applicable to incidents occurring after Aug. 18, 1990,

see section 1020 of Pub. L. 101-380, set out as a note under

section 2701 of Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

TANK VESSELS OVER 5,000 GROSS TONS TO COMPLY UNTIL JANUARY 1, 2015,

WITH ENVIRONMENTALLY PROTECTIVE STRUCTURAL AND OPERATIONAL

REQUIREMENTS

Section 4115(b) of Pub. L. 101-380 provided that: "The Secretary

shall, within 12 months after the date of the enactment of this Act

[Aug. 18, 1990], complete a rulemaking proceeding and issue a final

rule to require that tank vessels over 5,000 gross tons affected by

section 3703a of title 46, United States Code, as added by this

section, comply until January 1, 2015, with structural and

operational requirements that the Secretary determines will provide

as substantial protection to the environment as is economically and

technologically feasible."

STUDY ON OTHER STRUCTURAL AND OPERATIONAL TANK VESSEL REQUIREMENTS

Pub. L. 101-380, title IV, Sec. 4115(e), Aug. 18, 1990, 104 Stat.

520, as amended by Pub. L. 105-383, title IV, Sec. 423, Nov. 13,

1998, 112 Stat. 3440, provided that:

"(1) Other requirements. - Not later than 6 months after the date

of enactment of this Act [Aug. 18, 1990], the Secretary shall

determine, based on recommendations from the National Academy of

Sciences or other qualified organizations, whether other structural

and operational tank vessel requirements will provide protection to

the marine environment equal to or greater than that provided by

double hulls, and shall report to the Congress that determination

and recommendations for legislative action.

"(2) Review and assessment. - The Secretary shall -

"(A) periodically review recommendations from the National

Academy of Sciences and other qualified organizations on methods

for further increasing the environmental and operational safety

of tank vessels;

"(B) not later than 5 years after the date of enactment of this

Act [Aug. 18, 1990], assess the impact of this section on the

safety of the marine environment and the economic viability and

operational makeup of the maritime oil transportation industry;

and

"(C) report the results of the review and assessment to the

Congress with recommendations for legislative or other action.

"(3)(A) The Secretary of Transportation shall coordinate with the

Marine Board of the National Research Council to conduct the

necessary research and development of a rationally based

equivalency assessment approach, which accounts for the overall

environmental performance of alternative tank vessel designs.

Notwithstanding the Coast Guard opinion of the application of

sections 101 and 311 of the Clean Water Act (33 U.S.C. 1251 and

1321), the intent of this study is to establish an equivalency

evaluation procedure that maintains a high standard of

environmental protection, while encouraging innovative ship design.

The study shall include:

"(i) development of a generalized cost spill data base, which

includes all relevant costs such as clean-up costs and

environmental impact costs as a function of spill size;

"(ii) refinement of the probability density functions used to

establish the extent of vessel damage, based on the latest

available historical damage statistics, and current research on

the crash worthiness of tank vessel structures;

"(iii) development of a rationally based approach for

calculating an environmental index, to assess overall outflow

performance due to collisions and groundings; and

"(iv) application of the proposed index to double hull tank

vessels and alternative designs currently under consideration.

"(B) A Marine Board committee shall be established not later that

[sic] 2 months after the date of the enactment of the Coast Guard

Authorization Act of 1998 [Nov. 13, 1998]. The Secretary of

Transportation shall submit to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on

Transportation and Infrastructure in the House of Representatives a

report on the results of the study not later than 12 months after

the date of the enactment of the Coast Guard Authorization Act of

1998.

"(C) Of the amounts authorized by section 1012(a)(5)(A) of this

Act [33 U.S.C. 2712(a)(5)(A)], $500,000 is authorized to carry out

the activities under subparagraphs (A) and (B) of this paragraph."

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3715 of this title; title

50 App. section 1744.

-End-

-CITE-

46 USC Sec. 3704 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3704. Coastwise trade vessels

-STATUTE-

A segregated ballast tank, a crude oil washing system, or an

inert gas system, required by this chapter or a regulation

prescribed under this chapter, on a vessel entitled to engage in

the coastwise trade under section 27 of the Merchant Marine Act,

1920 (46 App. U.S.C. 883), shall be installed in the United States

(except the trust territories). A vessel failing to comply with

this section may not engage in the coastwise trade.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3704 46:391a(7)

--------------------------------------------------------------------

Section 3704 requires any tank vessel that is entitled to engage

in the coastwise trade to install certain equipment in the United

States under the penalty of losing coastwise trading privileges if

the installation work is done in a foreign country.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3709 of this title;

section 1185 of Appendix to this title.

-End-

-CITE-

46 USC Sec. 3705 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3705. Crude oil tanker minimum standards

-STATUTE-

(a) A new crude oil tanker of at least 20,000 deadweight tons

shall be equipped with -

(1) protectively located segregated ballast tanks;

(2) a crude oil washing system; and

(3) a cargo tank protection system consisting of a fixed deck

froth system and a fixed inert gas system.

(b)(1) An existing crude oil tanker of at least 40,000 deadweight

tons shall be equipped with -

(A) segregated ballast tanks; or

(B) a crude oil washing system.

(2) Compliance with paragraph (1) of this subsection may be

delayed until June 1, 1985, for any tanker of less than 70,000

deadweight tons that has dedicated clean ballast tanks.

(c) An existing crude oil tanker of at least 20,000 deadweight

tons but less than 40,000 deadweight tons, and at least 15 years of

age, shall be equipped with segregated ballast tanks or a crude oil

washing system before January 2, 1986, or the date on which the

tanker reaches 15 years of age, whichever is later.

(d) An existing crude oil tanker of at least 20,000 deadweight

tons shall be equipped with an inert gas system. However, for a

crude oil tanker of less than 40,000 deadweight tons not fitted

with high capacity tank washing machines, the Secretary may grant

an exemption if the vessel's owner can show clearly that compliance

would be unreasonable and impracticable due to the vessel's design

characteristics.

(e) A crude oil tanker engaged in transferring oil from an

offshore oil exploitation or production facility on the Outer

Continental Shelf of the United States shall be equipped with

segregated ballast tanks, or may operate with dedicated clean

ballast tanks or special ballast arrangements. However, the tanker

shall comply with other applicable minimum standards of this

section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3705(a) 46:391a(7)(A)

3705(b) 46:391a(7)(D)

3705(c) 46:391a(7)(E)

3705(d) 46:391a(7)(F)

3705(e) 46:391a(7)(M)

--------------------------------------------------------------------

Section 3705 requires compliance with certain minimum standards

by a crude oil tanker, which is self-propelled. In general, the

minimum required standards are consistent with those international

standards that have been adopted as Protocols to the 1974 Safety of

Life at Sea Convention and the 1973 Marine Pollution Convention.

Section 3705(a) requires new crude oil tankers of 20,000

deadweight tons or above to have protectively located segregated

ballast tanks, a crude oil washing system, and a specified cargo

tank protection system.

Section 3705(b) requires existing crude oil tankers of 40,000

deadweight tons or above to have segregated ballast tanks or a

crude oil washing system. Compliance may be delayed until June 1,

1985 for smaller tankers that have dedicated clean ballast tanks.

Section 3705(c) requires existing crude oil tankers of 20,000

deadweight tons or above, but less than 40,000 deadweight tons,

that are 15 years or older, to have segregated ballast tanks or a

crude oil washing system by January 1, 1985 or if less than 15

years old, by the date on which it reaches 15 years of age.

Section 3705(d) requires existing crude oil tankers of 20,000

deadweight tons or above, to install an inert gas system. An

exemption for crude oil tankers of less than 40,000 deadweight tons

not fitted with high-capacity tank washing machines may be granted

by the Secretary, only if it is demonstrated that compliance would

be unreasonable and impracticable due to the vessel's design

characteristics.

Section 3705(e) requires existing crude oil tankers of 20,000

deadweight tons or above, engaged in the transfer of oil from Outer

Continental Shelf oil exploitation or production facilities, to

have segregated ballast tanks or be operated with dedicated clean

ballast tanks or special ballast arrangements.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3709 of this title;

section 1185 of Appendix to this title.

-End-

-CITE-

46 USC Sec. 3706 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3706. Product carrier minimum standards

-STATUTE-

(a) A new product carrier of at least 30,000 deadweight tons

shall be equipped with protectively located segregated ballast

tanks.

(b) A new product carrier of at least 20,000 deadweight tons

shall be equipped with a cargo tank protection system consisting of

a fixed deck froth system and a fixed inert gas system or, if the

product carrier carries dedicated products incompatible with the

cargo tank protection system, an alternate protection system

authorized by the Secretary.

(c) An existing product carrier of at least 40,000 deadweight

tons shall be equipped with segregated ballast tanks or may operate

with dedicated clean ballast tanks.

(d) An existing product carrier of at least 20,000 deadweight

tons but less than 40,000 deadweight tons, and at least 15 years of

age, shall be equipped with segregated ballast tanks or may operate

with dedicated clean ballast tanks before January 2, 1986, or the

date on which it reaches 15 years of age, whichever is later.

(e) An existing product carrier of at least 40,000 deadweight

tons, or an existing product carrier of at least 20,000 deadweight

tons but less than 40,000 deadweight tons that is fitted with

high-capacity tank washing machines, shall be equipped with an

inert gas system.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3706(a) 46:391a(7)(B)

3706(b) 46:391a(7)(C)

3706(c) 46:391a(7)(G)

3706(d) 46:391a(7)(H)

3706(e) 46:391a(7)(I)

--------------------------------------------------------------------

Section 3706 requires compliance with certain minimum standards

by a product carrier, which is a self-propelled tank vessel.

Section 3706(a) requires new product carriers of 30,000

deadweight tons or above, to have protectively located segregated

ballast tanks.

Section 3706(b) requires new product carriers of 20,000

deadweight tons or above, to have a cargo tank protection system

consisting of a fixed deck froth system or a fixed inert gas

system. If the products carried are incompatible with the cargo

tank protection system, then an alternative protection system may

be authorized.

Section 3706(c) requires existing product carriers of 40,000

deadweight tons or above, to have segregated ballast tanks or to

operate with dedicated clean ballast tanks.

Section 3706(d) requires existing product carriers of 20,000

deadweight tons or above, but less than 40,000 deadweight tons,

that are 15 years or older, to have segregated ballast tanks by

January 1, 1985, or on the date on which it reaches 15 years of age

or, in the alternative, that the vessel operate with dedicated

clean ballast tanks.

Section 3706(e) requires existing product carriers of 40,000

deadweight tons or above, or to existing product carriers, fitted

with high-capacity tank washing machines, of 20,000 deadweight tons

but less than 40,000 deadweight tons, to install an inert gas

system.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3709 of this title;

section 1185 of Appendix to this title.

-End-

-CITE-

46 USC Sec. 3707 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3707. Tanker minimum standards

-STATUTE-

(a) A new tanker of at least 10,000 gross tons as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title shall be equipped with -

(1) 2 remote steering gear control systems operable separately

from the navigating bridge;

(2) the main steering gear control in the steering gear

compartment;

(3) means of communications and rudder angle indicators on the

navigating bridge, a remote steering gear control station, and

the steering gear compartment;

(4) at least 2 identical and adequate power units for the main

steering gear;

(5) an alternative and adequate power supply, either from an

emergency source of electrical power or from another independent

source of power located in the steering gear compartment; and

(6) means of automatic starting and stopping of power units

with attendant alarms at all steering stations.

(b) An existing tanker of at least 10,000 gross tons as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title shall be equipped with -

(1) 2 remote steering gear control systems operable separately

from the navigating bridge;

(2) the main steering gear control in the steering gear

compartment; and

(3) means of communications and rudder angle indicators on the

navigating bridge, a remote steering gear control station, and

the steering gear compartment.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title

VII, Sec. 716, Oct. 19, 1996, 110 Stat. 3937.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3707(a) 46:391a(7)(K)

3707(b) 46:391a(7)(L)

--------------------------------------------------------------------

Section 3707 requires compliance with certain minimum standards

by a tanker, which is a self-propelled tank vessel.

Section 3707(a) requires new tankers of 10,000 gross tons or

above, to have two remote steering gear control systems, a main

steering gear control in the steering gear compartment, a means of

communications and rudder angle indicators at specified locations,

two or more specified power units for the main steering gear, an

alternative and adequate power supply of specified characteristics,

and a means of automatic operation of power units, with attendant

alarms at all steering stations.

Section 3707(b) requires existing tankers of 10,000 gross tons or

above, to have two remote steering gear control systems, a main

steering gear control in the steering gear compartment, and a means

of communication and rudder angle indicators at specified

locations.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324, Sec. 716(1), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "10,000 gross

tons" in introductory provisions.

Subsec. (b). Pub. L. 104-324, Sec. 716(2), inserted "as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title" after "10,000 gross tons".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1185 of Appendix to this

title.

-End-

-CITE-

46 USC Sec. 3708 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3708. Self-propelled tank vessel minimum standards

-STATUTE-

A self-propelled tank vessel of at least 10,000 gross tons as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title shall be equipped with

-

(1) a dual radar system with short-range and long-range

capabilities, each with true-north features;

(2) an electronic relative motion analyzer that is at least

functionally equivalent to equipment complying with

specifications established by the Secretary of Transportation;

(3) an electronic position-fixing device;

(4) adequate communications equipment;

(5) a sonic depth finder;

(6) a gyrocompass; and

(7) up-to-date charts.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title

VII, Sec. 717, Oct. 19, 1996, 110 Stat. 3937.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3708 46:391a(7)(J)

--------------------------------------------------------------------

Section 3708 requires compliance with certain minimum standards

by a self-propelled tank vessel. These requirements apply to any

tank vessel of 10,000 gross tons or above with no distinction being

made as to whether or not the vessel is "primarily" constructed or

adapted to carry oil or hazardous material in bulk in the cargo

spaces. These vessels are required to be equipped with a dual radar

system, a computerized relative motion analyzer, an electronic

position fixing device, adequate communications equipment, a sonic

depth finder, a gyrocompass, and up-to-date charts.

AMENDMENTS

1996 - Pub. L. 104-324 inserted "as measured under section 14502

of this title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104 of

this title" after "10,000 gross tons".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1185 of Appendix to this

title.

-End-

-CITE-

46 USC Sec. 3709 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3709. Exemptions

-STATUTE-

The Secretary may exempt a vessel from the minimum requirements

established by sections 3704-3706 of this title for segregated

ballast, crude oil washing, and dedicated clean ballast if the

Secretary decides that shore-based reception facilities are a

preferred method of handling ballast and that adequate facilities

are readily available.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3709 46:391a(7)(N)

--------------------------------------------------------------------

Section 3709 provides the Secretary with the authority to exempt

certain minimum tanker requirements of sections 3704, 3705, and

3706 when shorebased reception facilities are a better way of

handling ballast and when the facilities are adequate and readily

available.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1185 of Appendix to this

title.

-End-

-CITE-

46 USC Sec. 3710 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3710. Evidence of compliance by vessels of the United States

-STATUTE-

(a) A vessel of the United States to which this chapter applies

that has on board oil or hazardous material in bulk as cargo or

cargo residue must have a certificate of inspection issued under

this part, endorsed to indicate that the vessel complies with

regulations prescribed under this chapter.

(b) Each certificate endorsed under this section is valid for not

more than 5 years and may be renewed as specified by the Secretary.

In appropriate circumstances, the Secretary may issue a temporary

certificate valid for not more than 30 days. A certificate shall be

suspended or revoked if the Secretary finds that the vessel does

not comply with the conditions under which the certificate was

issued.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title

VI, Sec. 605(b), Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3710 46:391a(8)(A)

46:391a(8)(E)

--------------------------------------------------------------------

Section 3710 prohibits any vessels of the United States subject

to this chapter from having on board oil or hazardous material in

bulk as cargo or in residue, unless it has a required Certificate

of Inspection endorsed to indicate vessel compliance with

applicable regulations. Certificates shall be valid for a period

not to exceed two years and may be renewed as specified by the

Secretary. The Secretary may issue temporary certificates of not

more than thirty days duration and may revoke or suspend any

certificate under designated circumstances.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-324 substituted "5 years" for "24

months".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3715 of this title.

-End-

-CITE-

46 USC Sec. 3711 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3711. Evidence of compliance by foreign vessels

-STATUTE-

(a) A foreign vessel to which this chapter applies may operate on

the navigable waters of the United States, or transfer oil or

hazardous material in a port or place under the jurisdiction of the

United States, only if the vessel has been issued a certificate of

compliance by the Secretary. The Secretary may issue the

certificate only after the vessel has been examined and found to be

in compliance with this chapter and regulations prescribed under

this chapter. The Secretary may accept any part of a certificate,

endorsement, or document, issued by the government of a foreign

country under a treaty, convention, or other international

agreement to which the United States is a party, as a basis for

issuing a certificate of compliance.

(b) A certificate issued under this section is valid for not more

than 24 months and may be renewed as specified by the Secretary. In

appropriate circumstances, the Secretary may issue a temporary

certificate valid for not more than 30 days.

(c) A certificate shall be suspended or revoked if the Secretary

finds that the vessel does not comply with the conditions under

which the certificate was issued.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3711 46:391a(8)(B)

46:391a(8)(C)

46:391a(8)(E)

--------------------------------------------------------------------

Section 3711 prohibits any foreign vessel from operating on the

navigable waters of the United States or from transferring oil or

hazardous material in any port or place under the jurisdiction of

the United States, unless it has a certificate of compliance issued

by the Secretary indicating that the vessel has been examined and

found to be in compliance with the provisions of the applicable

regulations. It also authorizes the Secretary to accept, in whole

or in part, an appropriate foreign certificate issued pursuant to

any international agreement to which the United States is a party,

as a basis for issuing the certificate of compliance. This means

that the Secretary does not have to accept foreign certificates as

evidence of compliance, but may take additional action to assure

compliance with applicable domestic laws and regulations and

international treaty provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3715 of this title.

-End-

-CITE-

46 USC Sec. 3712 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3712. Notification of noncompliance

-STATUTE-

The Secretary shall notify the owner, charterer, managing

operator, agent, master, or individual in charge of a vessel found

not to be in compliance with a regulation prescribed under this

part and state how compliance may be achieved.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3712 46:391a(8)(A)

46:391a(8)(B)

--------------------------------------------------------------------

Section 3712 requires the Secretary to notify appropriate parties

when a vessel is found not to be in compliance with applicable

requirements, standards, or regulations and what remedial steps

must be taken in order to comply with them.

-End-

-CITE-

46 USC Sec. 3713 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3713. Prohibited acts

-STATUTE-

(a) A person may not -

(1) violate this chapter or a regulation prescribed under this

chapter;

(2) refuse to permit any official, authorized by the Secretary

to enforce this chapter, to board a vessel or to enter a shore

area, place, or premises, under a person's control to make an

inspection under this chapter; or

(3) refuse to obey a lawful directive issued under this

chapter.

(b) A vessel to which this chapter applies may not -

(1) operate on the navigable waters of the United States or use

a port or place subject to the jurisdiction of the United States

when not in compliance with this chapter or a regulation

prescribed under this chapter;

(2) fail to comply with a lawful directive issued under this

chapter; or

(3) carry a type or grade of oil or hazardous material in bulk

as cargo or cargo residue unless its certificate is endorsed to

allow that carriage.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3713 46:391a(13)

--------------------------------------------------------------------

Section 3713(a) prohibits any person from violating any provision

of this chapter or a regulation prescribed under its authority. It

prohibits the refusal to permit authorized officials to board a

vessel or to enter a shore area for the purposes of inspection of

the vessel or premises. It also prohibits the refusal to obey any

lawful directive issued under this chapter.

Section 3713(b) prohibits any vessel, subject to the provisions

of this chapter from operating on the navigable waters of the

United States, or from using any port or place subject to the

jurisdiction of the United States while not in compliance with any

provision of applicable law or regulation. It further prohibits any

vessel from failing to comply with a lawful directive issued

pursuant to the authority of this chapter. It also prohibits the

vessel from carrying oil or hazardous material as cargo or cargo

residue unless its certificate is so endorsed to permit its

carriage.

-End-

-CITE-

46 USC Sec. 3714 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3714. Inspection and examination

-STATUTE-

(a)(1) The Secretary shall have each vessel to which this chapter

applies inspected or examined at least once each year.

(2) Each of those vessels that is more than 10 years of age shall

undergo a special and detailed inspection of structural strength

and hull integrity as specified by the Secretary.

(3) The Secretary may make contracts for conducting inspections

or examinations in the United States and in foreign countries. An

inspector conducting an inspection or examination under contract

may not issue a certificate of inspection or a certificate of

compliance, but the inspector may issue a temporary certificate.

(4) The Secretary shall prescribe by regulation reasonable fees

for an inspection or examination conducted under this section

outside the United States, or which, when involving a foreign

vessel, is conducted under a contract authorized by paragraph (3)

of this subsection. The owner, charterer, or managing operator of a

vessel inspected or examined by the Secretary is liable for the

fees. Amounts received as fees shall be deposited in the Treasury.

(5) The Secretary may allow provisional entry of a vessel to

conduct an inspection or examination under this chapter.

(b) Each vessel to which this chapter applies shall have on board

those documents the Secretary considers necessary for inspection

and enforcement, including documents listing -

(1) the type, grade, and approximate quantities of cargo on

board;

(2) the shipper and consignee of the cargo;

(3) the places of origin and destination of the vessel; and

(4) the name of an agent in the United States authorized to

accept service of legal process.

(c) Each vessel to which this chapter applies that operates in

the United States shall have a person designated as authorized to

accept service of legal process for the vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec.

1(8), May 19, 1986, 100 Stat. 445.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3714 46:391a(15)

--------------------------------------------------------------------

Section 3714(a) requires the Secretary to establish a program for

the inspection of tank vessels, foreign or domestic, at least once

each year. The Committee contemplates that United States vessels

will be issued a 2 year certificate of inspection with a mid-period

examination. The Committee also contemplates that foreign-flag

vessels will continue to be tracked and boarded at least once a

year or when they first arrive in the United States. The Secretary

may examine the foreign-flag tank vessel but may accept, as a basis

for the issuance of a certificate of compliance, in whole or in

part a foreign-issued certificate.

Each vessel over 10 years of age must undergo a special and

detailed inspection of structural strength and hull integrity, as

specified by the Secretary. An inspection or examination may be

conducted by any officer authorized by the Secretary. The Committee

expects that, whenever possible, a qualified marine inspector will

be used wherever the vessel undergoes these 10-year inspections.

The Secretary may also contract for inspections or examinations in

the United States and in foreign countries.

The primary reason for including a provision that permits the

contracting for the conduct of inspections and examinations is to

provide flexibility in foreign areas where Coast Guard marine

inspectors are not normally available.

A contract inspector may be authorized to act on behalf of the

Secretary, but may not issue a certificate of inspection or

compliance. The inspector may, however, issue a temporary

certificate.

The Committee understands that the 10-year inspections of United

States-flag and foreign-flag vessels may occur at the time the

vessel is scheduled for shipyard availability to complete the

periodic classification society survey.

The Secretary is also authorized and directed to prescribe by

regulation reasonable fees for certain inspections or examinations

conducted pursuant to this section based on the cost incurred. The

owner of any vessel inspected or examined by the Secretary or his

designee shall be liable for the fee. Amounts received as fees

under this section are to be deposited in the Treasury.

Section 3714(b) requires each vessel subject to this chapter to

have on board those documents the Secretary declares are necessary

for inspection or enforcement, including, but not limited to

documents indicating the kind, grade, and approximate quantities of

any cargo on board; the shipper and consignee of the cargo; the

points of origin and destination of the vessel; and the name of an

agent in the United States authorized to accept legal process.

Section 3714(c) requires each vessel subject to this chapter to

have a person authorized to accept service of legal process for the

vessel.

AMENDMENTS

1986 - Subsec. (a)(4). Pub. L. 99-307 substituted "charterer" for

"charter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3717 of this title.

-End-

-CITE-

46 USC Sec. 3715 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3715. Lightering

-STATUTE-

(a) A vessel may transfer oil or hazardous material in a port or

place subject to the jurisdiction of the United States, when the

cargo has been transferred from another vessel on the navigable

waters of the United States or in the marine environment, only if -

(1) the transfer was conducted consistent with regulations

prescribed by the Secretary;

(2) both the delivering and receiving vessels had on board, at

the time of transfer, a certificate of inspection or a

certificate of compliance, as would have been required under

section 3710 or 3711 of this title, had the transfer taken place

in a port or place subject to the jurisdiction of the United

States; and

(3) the delivering and the receiving vessel had on board at the

time of transfer, a certificate of financial responsibility as

would have been required under section 1016 of the Oil Pollution

Act of 1990, had the transfer taken place in a place subject to

the jurisdiction of the United States;

(4) the delivering and the receiving vessel had on board at the

time of transfer, evidence that each vessel is operating in

compliance with section 311(j) of the Federal Water Pollution

Control Act (33 U.S.C. 1321(j)); and

(5) the delivering and the receiving vessel are operating in

compliance with section 3703a of this title.

(b) The Secretary shall prescribe regulations to carry out

subsection (a) of this section. The regulations shall include

provisions on -

(1) minimum safe operating conditions, including sea state,

wave height, weather, proximity to channels or shipping lanes,

and other similar factors;

(2) the prevention of spills;

(3) equipment for responding to a spill;

(4) the prevention of any unreasonable interference with

navigation or other reasonable uses of the high seas, as those

uses are defined by treaty, convention, or customary

international law;

(5) the establishment of lightering zones; and

(6) requirements for communication and prearrival messages.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 101-380, title

IV, Sec. 4115(d), Aug. 18, 1990, 104 Stat. 520.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3715 46:391a(17)

--------------------------------------------------------------------

Section 3715 requires the Secretary to control lightering

operations; that is, the transferring of cargoes at sea from large

deep-draft vessels to shallow-draft vessels for subsequent transfer

to shoreside terminals due to the inability of the larger tank

vessels to enter shallow ports. It prohibits a tank vessel from

unloading any cargo of oil or hazardous material at any port or

terminal under the jurisdiction of the United States, unless the

cargo has been transferred in accordance with lightering

regulations. It also prohibits the shoreside transfer unless both

the delivering and receiving vessels involved in the prior

lightering had on board at the time of the offshore transfer, the

certificates that would have been required had the transfer taken

place in a port or place subject to the jurisdiction of the United

States.

The regulations to be prescribed by the Secretary shall include a

number of specific considerations but may include any related

matters deemed necessary to promote navigation and vessel safety

and protection of the marine environment. The Secretary must

consider standards for minimum safe operating conditions, including

sea state, wave height, weather, vessel traffic, the prevention of

oil spills, and oil spill response equipment. In regulating this

operation, there must not be any unreasonable interference with

international navigation or reasonable uses of the high seas, and

there must be established lightering zones with attendant

communications and prearrival message requirements.

-REFTEXT-

REFERENCES IN TEXT

Section 1016 of the Oil Pollution Act of 1990, referred to in

subsec. (a)(3), is classified to section 2716 of Title 33,

Navigation and Navigable Waters.

-MISC2-

AMENDMENTS

1990 - Subsec. (a)(3) to (5). Pub. L. 101-380 added pars. (3) to

(5).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

EFFECTIVE DATE

Section 2(g)(2) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599,

provided that: "Section 3715(a) of title 46 (as enacted by section

1 of this Act) is effective on the day after the effective date of

the regulations prescribed by the Secretary under section 3715(b)

of title 46." [Regulations effective Apr. 26, 1984, see 49 F.R.

11170, Mar. 26, 1984.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3703a of this title.

-End-

-CITE-

46 USC Sec. 3716 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3716. Tank washings

-STATUTE-

(a) A vessel may not transfer cargo in a port or place subject to

the jurisdiction of the United States if, before arriving, the

vessel has discharged tank washings containing oil or hazardous

material in preparation for loading at that port or place in

violation of the laws of the United States or in a manner or

quantities inconsistent with a treaty to which the United States is

a party.

(b) The Secretary shall establish effective control and

supervisory measures to carry out this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3716 46:391a(18)

--------------------------------------------------------------------

Section 3716 requires the Secretary to establish effective

control and supervisory measures to prohibit the discharge of tank

washings by dumping at sea. The section also prohibits the dumping

vessel from subsequently loading any cargo at a port or terminal

subject to the jurisdiction of the United States. This section is

intended to prohibit the practice of discharging a cargo of oil or

hazardous substance, then going to sea to clean tanks by pumping

tank washing mixtures overboard, and then returning to a port or

terminal subject to the jurisdiction of the United States for the

purpose of loading a cargo that was incompatible with the prior

cargo.

-End-

-CITE-

46 USC Sec. 3717 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3717. Marine safety information system

-STATUTE-

(a) The Secretary shall establish a marine safety information

system that shall contain information about each vessel to which

this chapter applies that operates on the navigable waters of the

United States, or that transfers oil or hazardous material in a

port or place under the jurisdiction of the United States. In

acquiring this information, the Secretary shall make full use of

publicly available information. The Secretary may by regulation

require the vessel to provide information that the Secretary

considers necessary to carry out this subsection, including -

(1) the name of each person with an ownership interest in the

vessel;

(2) details of compliance with the financial responsibility

requirements of applicable laws or regulations;

(3) registration information, including all changes in the name

of the vessel;

(4) the history of marine casualties and serious repair

problems of the vessel; and

(5) a record of all inspections and examinations of a vessel

conducted under section 3714 of this title.

(b) On written request from the Secretary, the head of each

department, agency, or instrumentality of the United States

Government shall provide available information that the Secretary

considers necessary to confirm the information received under

subsection (a) of this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3717 46:391a(16)

--------------------------------------------------------------------

Section 3717 requires the Secretary to establish a marine safety

information system which is to contain selected information on any

tank vessel, foreign or domestic, that comes within the

jurisdiction of the United States. This information must be

recorded and maintained up-to-date and is available from a number

of sources. In some instances, this information is required as a

condition of entry. This information shall include certain

ownership interests, financial responsibility information, all

registered names that the vessel has had since it was built, the

present and prior countries of registry, history of accidents or

serious repair problems, record of the various inspections or

examinations required, and any other data the Secretary deems

appropriate to carry out the intent of the section. The section

also provides for interagency cooperation and the furnishing of

available data and information.

-End-

-CITE-

46 USC Sec. 3718 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3718. Penalties

-STATUTE-

(a)(1) A person violating this chapter or a regulation prescribed

under this chapter is liable to the United States Government for a

civil penalty of not more than $25,000. Each day of a continuing

violation is a separate violation.

(2) Each vessel to which this chapter applies that is operated in

violation of this chapter or a regulation prescribed under this

chapter is liable in rem for a civil penalty under this subsection.

(b) A person willfully and knowingly violating this chapter or a

regulation prescribed under this chapter commits a class D felony.

(c) Instead of the penalties provided by subsection (b) of this

section, a person willfully and knowingly violating this chapter or

a regulation prescribed under this chapter, and using a dangerous

weapon, or engaging in conduct that causes bodily injury or fear of

imminent bodily injury to an official authorized to enforce this

chapter or a regulation prescribed under this chapter, commits a

class C felony.

(d) The district courts of the United States have jurisdiction to

restrain a violation of this chapter or a regulation prescribed

under this chapter.

(e)(1) If any owner, operator, or individual in charge of a

vessel is liable for any penalty or fine under this section, or if

reasonable cause exists to believe that the owner, operator, or

individual in charge may be subject to any penalty or fine under

this section, the Secretary of the Treasury, upon the request of

the Secretary, shall with respect to such vessel refuse or revoke

any clearance required by section 4197 of the Revised Statutes of

the United States (46 App. U.S.C. 91).

(2) Clearance or a permit refused or revoked under this

subsection may be granted upon filing of a bond or other surety

satisfactory to the Secretary.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101-380, title

IV, Sec. 4302(c), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324,

title III, Sec. 312(d), Oct. 19, 1996, 110 Stat. 3921.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3718 46:391a(14)

--------------------------------------------------------------------

Section 3718 provides the authority to assess civil penalties for

violation of the chapter or regulations. Each violation subjects

the violator to a penalty not to exceed $25,000 for each violation

and, in the case of a continuing violation, each day shall

constitute a separate violation and the vessel is liable in rem.

The procedures for assessing penalties are found in section 2107 of

part A.

With respect to criminal penalties, a willful or knowing

violation of the section or a regulation subjects the offender,

upon conviction, to a criminal fine of not more than $50,000 for

each violation or imprisonment for not more than 1 year, or both.

If the willful and knowing violation involves the use of a

dangerous weapon or constitutes an assault or battery, the offender

is subjected to a fine of not more than $100,000 or imprisonment of

not more than 10 years, or both.

In addition, where the owner or operator of the vessel is subject

to any of the penalties prescribed, the Secretary of the Treasury

is directed to withhold required Customs clearance, at the request

of the Secretary. Clearance may be granted upon the filing of a

bond or other surety satisfactory to the Secretary.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-324 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "At the

request of the Secretary, the Secretary of the Treasury shall

withhold or revoke the clearance required by section 4197 of the

Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or

operator of which is subject to a penalty under this section.

Clearance may be granted on filing a bond or other surety

satisfactory to the Secretary."

1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(c)(1), substituted

"commits a class D felony" for "shall be fined not more than

$50,000, imprisoned for not more than 5 years, or both".

Subsec. (c). Pub. L. 101-380, Sec. 4302(c)(2), substituted

"commits a class C felony" for "shall be fined not more than

$100,000, imprisoned for not more than 10 years, or both".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-End-

-CITE-

46 USC Sec. 3719 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

-HEAD-

Sec. 3719. Reduction of oil spills from single hull

non-self-propelled tank vessels

-STATUTE-

The Secretary shall, in consultation with the Towing Safety

Advisory Committee and taking into consideration the

characteristics, methods of operation, and the size and nature of

service of single hull non-self-propelled tank vessels and towing

vessels, prescribe regulations requiring a single hull

non-self-propelled tank vessel that operates in the open ocean or

coastal waters, or the vessel towing it, to have at least one of

the following:

(1) A crew member and an operable anchor on board the tank

vessel that together are capable of arresting the tank vessel

without additional assistance under reasonably foreseeable sea

conditions.

(2) An emergency system on the tank vessel or towing vessel

that without additional assistance under reasonably foreseeable

sea conditions will allow the tank vessel to be retrieved by the

towing vessel if the tow line ruptures.

(3) Any other measure or combination of measures that the

Secretary determines will provide protection against grounding of

the tank vessel comparable to that provided by the measures

described in paragraph (1) or (2).

-SOURCE-

(Added Pub. L. 104-324, title IX, Sec. 901(a), Oct. 19, 1996, 110

Stat. 3946.)

-MISC1-

REGULATIONS

Section 901(b) of Pub. L. 104-324 provided that: "The Secretary

of the department in which the Coast Guard is operating shall issue

regulations required under section 3719 of title 46, United States

Code, as added by subsection (a), by not later than October 1,

1997."

-End-

-CITE-

46 USC [CHAPTER 39 - REPEALED] 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

[CHAPTER 39 - REPEALED]

-HEAD-

[CHAPTER 39 - REPEALED]

-End-

-CITE-

46 USC Secs. 3901, 3902 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

[CHAPTER 39 - REPEALED]

-HEAD-

[Secs. 3901, 3902. Repealed. Pub. L. 107-171, title X, Sec.

10418(a)(20), May 13, 2002, 116 Stat. 508]

-MISC1-

Section 3901, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528, related

to regulations for accommodations for export animals.

Section 3902, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528, related

to penalties.

-End-