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46 USC CHAPTER 91 - TANK VESSEL MANNING STANDARDS 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-

CHAPTER 91 - TANK VESSEL MANNING STANDARDS

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Sec.

9101. Standards for foreign tank vessels.

9102. Standards for tank vessels of the United States.

HISTORICAL AND REVISION NOTES

Chapter 91 prescribes manning standards for certain foreign and

United States tank vessels carrying oil or hazardous materials.

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46 USC Sec. 9101 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-

Sec. 9101. Standards for foreign tank vessels

-STATUTE-

(a)(1) The Secretary shall evaluate the manning, training,

qualification, and watchkeeping standards of a foreign country that

issues documentation for any vessel to which chapter 37 of this

title applies -

(A) on a periodic basis; and

(B) when the vessel is involved in a marine casualty required

to be reported under section 6101(a)(4) or (5) of this title.

(2) After each evaluation made under paragraph (1) of this

subsection, the Secretary shall determine whether -

(A) the foreign country has standards for licensing and

certification of seamen that are at least equivalent to United

States law or international standards accepted by the United

States; and

(B) those standards are being enforced.

(3) If the Secretary determines under this subsection that a

country has failed to maintain or enforce standards at least

equivalent to United States law or international standards accepted

by the United States, the Secretary shall prohibit vessels issued

documentation by that country from entering the United States until

the Secretary determines those standards have been established and

are being enforced.

(4) The Secretary may allow provisional entry of a vessel

prohibited from entering the United States under paragraph (3) of

this subsection if -

(A) the owner or operator of the vessel establishes, to the

satisfaction of the Secretary, that the vessel is not unsafe or a

threat to the marine environment; or

(B) the entry is necessary for the safety of the vessel or

individuals on the vessel.

(b) A foreign vessel to which chapter 37 of this title applies

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

cargo residue shall have a specified number of personnel certified

as tankerman or equivalent, as required by the Secretary, when the

vessel transfers oil or hazardous material in a port or place

subject to the jurisdiction of the United States. The requirement

of this subsection shall be noted in applicable terminal operating

procedures. A transfer operation may take place only if the

crewmember in charge is capable of clearly understanding

instructions in English.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title

IV, Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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9101(a) 46:391a(11)

9101(b) 46:391a(10)(B)

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Section 9101 requires monitoring of manning standards for foreign

tank vessels operating on the navigable waters of the United States

and transferring oil or hazardous material in the United States.

Subsection (a) requires the Secretary of Transportation to

evaluate the manning, training, qualification, and watchkeeping

standards of foreign countries whose tank vessels operate on United

States waters, or use transfer facilities, and to decide if the

standards are equivalent or more stringent than United States

standards.

Subsection (b) authorizes the Secretary to specify the number of

tankermen required on a foreign tank vessel and to have certified

tankermen who can understand English when transferring oil or

hazardous material in the United States. This requirement is to be

made part of the terminal operating procedures.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-380 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary shall -

"(1) periodically evaluate the manning, training,

qualification, and watchkeeping standards prescribed by the

certificating country of a foreign vessel to which chapter 37 of

this title applies, that operates on the navigable waters of the

United States and transfers oil or hazardous material in a port

or place under the jurisdiction of the United States; and

"(2) after each evaluation made under clause (1) of this

subsection, decide whether the foreign country, whose system for

licensing and certification of seamen was evaluated, has

standards that are equivalent to or more stringent than United

States standards or international standards accepted by the

United States."

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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 1228.

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46 USC Sec. 9102 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 91 - TANK VESSEL MANNING STANDARDS

-HEAD-

Sec. 9102. Standards for tank vessels of the United States

-STATUTE-

(a) The Secretary shall prescribe standards for the manning of

each vessel of the United States to which chapter 37 of this title

applies, related to the duties, qualifications, and training of the

officers and crew of the vessel, including standards related to -

(1) instruction in vessel and cargo handling and vessel

navigation under normal operating conditions in coastal and

confined waters and on the high seas;

(2) instruction in vessel and cargo handling and vessel

navigation in emergency situations and under marine casualty or

potential casualty conditions;

(3) qualifications for licenses by specific type and size of

vessels;

(4) qualifications for licenses by use of simulators for the

practice or demonstration of marine-oriented skills;

(5) minimum health and physical fitness criteria for various

grades of licenses and certificates;

(6) periodic retraining and special training for upgrading

positions, changing vessel type or size, or assuming new

responsibilities;

(7) decisions about licenses and certificates, conditions of

licensing or certification, and periods of licensing or

certification by reference to experience, amount of training

completed, and regular performance testing; and

(8) instruction in vessel maintenance functions.

(b) The Secretary shall waive the application of criteria

required by subsection (a)(5) of this section for an individual

having a license or certificate (including a renewal of the license

or certificate) in effect on October 17, 1978. When the waiver is

granted, the Secretary may prescribe conditions for the license or

certificate and its renewal, as the Secretary decides are

reasonable and necessary for the safety of a vessel on which the

individual may be employed.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title

IV, Sec. 4114(d), Aug. 18, 1990, 104 Stat. 517.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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9102 46:391a(9)

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Section 9102 prescribes manning standards for United States tank

vessels.

Subsection (a) requires the Secretary of Transportation to

prescribe certain standards for the duties, qualifications, and

training of the officers and crew of United States tank vessels.

Subsection (b) provides for a waiver of any health and physical

fitness criteria prescribed under subsection (a).

AMENDMENTS

1990 - Par. (8). Pub. L. 101-380 added par. (8).

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.

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