1625-0007 Stat Authority

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 33USC1903]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing
vessels
Unless otherwise specified in this chapter, the Secretary shall
administer and enforce the MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the
MARPOL Protocol and this chapter, Annexes I and II of the Convention
apply only to seagoing ships.
(b) Regulations; refuse record books; waste management plans;
notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired
regulations to carry out the provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) The Secretary of the department in which the Coast Guard is
operating shall-(A) prescribe regulations which-(i) require certain ships described in section 1902(a)(1) of
this title to maintain refuse record books and shipboard
management plans, and to display placards which notify the crew
and passengers of the requirements of Annex V to the Convention
and of Annex IV to the Antarctic Protocol; and
(ii) specify the ships described in section 1902(a)(1) of
this title to which the regulations apply;
(B) seek an international agreement or international agreements
which apply requirements equivalent to those described in
subparagraph (A)(i) to all vessels subject to Annex V to the
Convention; and
(C) within 2 years after the effective date of this paragraph,
report to the Congress-(i) regarding activities of the Secretary under subparagraph
(B); and
(ii) if the Secretary has not obtained agreements pursuant
to subparagraph (B) regarding the desirability of applying the
requirements described in subparagraph (A)(i) to all vessels
described in section 1902(a) of this title which call at United
States ports.
(c) Utilization of personnel, facilities, or equipment of other Federal
departments and agencies
The Secretary may utilize by agreement, with or without
reimbursement, personnel, facilities, or equipment of other Federal
departments and agencies in administering the MARPOL Protocol, this
chapter, or the regulations thereunder.
(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100-220,
title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104-227,

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title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)
References in Text
The effective date of this paragraph, referred to in subsec.
(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b) of
Pub. L. 100-220 which added par. (2) to subsec. (b). See Effective Date
of 1987 Amendment note below.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ``,
Annex IV to the Antarctic Protocol,'' after ``the MARPOL Protocol'' in
first sentence.
Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ``, Annex
IV to the Antarctic Protocol,'' after ``the MARPOL Protocol''.
Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 201(c)(3), (4), struck out
``within 1 year after the effective date of this paragraph,'' before
``prescribe'' in introductory provisions and inserted ``and of Annex IV
to the Antarctic Protocol'' after ``the Convention'' in cl. (i).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2107(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``Unless
otherwise specified herein, the Secretary shall administer and enforce
the MARPOL Protocol and this chapter. In the administration and
enforcement of the MARPOL Protocol and this chapter, Annexes I and II of
the MARPOL Protocol shall be applicable only to seagoing ships.''
Subsec. (b). Pub. L. 100-220, Sec. 2107(b), designated existing
provisions as par. (1) and added par. (2).
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United States,
see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.
Effective Date
Subsec. (b) of this section effective Oct. 21, 1980, see section
14(b) of Pub. L. 96-478, set out as a note under section 1901 of this
title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC2103]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part A--General Provisions
CHAPTER 21--GENERAL
Sec. 2103. Superintendence of the merchant marine
The Secretary has general superintendence over the merchant marine
of the United States and of merchant marine personnel insofar as the
enforcement of this subtitle is concerned and insofar as those vessels
and personnel are not subject, under other law, to the supervision of
another official of the United States Government. In the interests of
marine safety and seamen's welfare, the Secretary shall enforce this
subtitle and shall carry out correctly and uniformly administer this
subtitle. The Secretary may prescribe regulations to carry out the
provisions of this subtitle.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99-307, Sec. 9, May
19, 1986, 100 Stat. 447.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------2103.............................. 46:2
46:372
46:689
-----------------------------------------------------------------------Section 2103 provides the Secretary with the authority to
superintend the merchant marine and those involved personnel insofar as
the vessels and personnel are not subject, under other laws, to the
supervision of another official. The Secretary has the duty to enforce
the laws with respect to vessels and seamen and to carry out correctly
and uniformly these laws and regulations. The term ``superintendence''
is used to indicate the Secretary's broad responsibility for overseeing
maritime safety and seamen's welfare, including employment, shipping,
navigation, and protection of the marine environment.
Amendments
1986--Pub. L. 99-307 substituted ``subtitle. The Secretary may
prescribe regulations to carry out the provisions of this subtitle'' for
``subtitle and regulations prescribed under this subtitle''.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3306]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of individuals
and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the proper execution of, and
to carry out, this part in the most effective manner for-(1) the design, construction, alteration, repair, and operation
of those vessels, including superstructures, hulls, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
boilers, unfired pressure vessels, piping, electric installations,
and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures
to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and
(3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous
nature.
(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
(2) Except with respect to use on a public vessel, the Secretary may
treat an approval of equipment or materials by a foreign government as
approval by the Secretary for purposes of paragraph (1) if the Secretary
determines that-(A) the design standards and testing procedures used by that
government meet the requirements of the International Convention for
the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign
government will secure the safety of individuals and property on
board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government-(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by
the Secretary may be used on vessels that are documented and
subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the
Secretary shall consult with representatives of the private sector
having experience in the operation of vessels likely to be certificated
as sailing school vessels. The regulations shall-(1) reflect the specialized nature of sailing school vessel
operations, and the character, design, and construction of vessels
operating as sailing school vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the specialized nature

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of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated
by the United States Merchant Marine Academy or by a State maritime
academy (as defined in section 1302(3) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295a(3))), the Secretary shall consider the function,
purpose, and operation of the vessels, their routes, and the number of
individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements of a
regulation prescribed under this section related to lifesaving and
firefighting equipment, muster lists, ground tackle and hawsers, and
bilge systems.
(f) In prescribing regulations for offshore supply vessels, the
Secretary shall consider the characteristics, methods of operation, and
the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the private
sector having experience in the operation of these vessels. The
regulations shall reflect the specialized nature and economics of fish
processing or fish tender vessel operations and the character, design,
and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for vessels
of at least 100 gross tons but less than 300 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 carrying not more than 150 passengers on
domestic voyages, which meet the eligibility criteria of section 2113(4)
of this title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for former
public vessels of the United States of at least 100 gross tons but less
that 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 carrying
not more than 150 passengers on domestic voyages, which meet the
eligibility criteria of section 2113(5) of this title.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV,
Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206, title V,
Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-324, title VI,
Sec. 604(a), (c), title VII, Sec. 712, Oct. 19, 1996, 110 Stat. 3930,
3931, 3936.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3306.............................. 46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478

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46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)
-----------------------------------------------------------------------Section 3306 contains broad authority to prescribe regulations for
the proper inspection and certification of vessels. It provides
regulatory flexibility for meeting technological changes. The section
also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine Academy or by a
State maritime academy. The Secretary may suspend or grant exemptions to
certain limited inspection requirements when the Secretary finds that
this is necessary in the public interest. It also contains the
requirement that in regulating offshore supply vessels consideration
must be given to the special nature of their operations.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
``paragraphs (1), (2), and (3)'' for ``clauses (1)-(3)''.
Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Equipment
subject to regulation under this section may not be used on any vessel
without prior approval as prescribed by regulation.''
Subsec. (h). Pub. L. 104-324, Sec. 712(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 ``300 gross tons''.
Subsec. (i). Pub. L. 104-324, Sec. 712(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''.
1993--Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and (i).
1984--Subsec. (g). Pub. L. 98-364 added subsec. (g).
Regulations
Section 512(b), (c) of Pub. L. 103-206 provided that:
``(b) The Secretary of Transportation shall, within twenty-four
months of the date of enactment of this Act [Dec. 20, 1993], prescribe
regulations establishing the structural fire protection, manning,
operating, and equipment requirements for vessels which meet the
requirements of subsections (h) and (i) of section 3306 of title 46,
United States Code, as amended by this Act.
``(c) Before the Secretary of Transportation prescribes regulations
under subsections (h) and (i) of section 3306 of title 46, United States
Code, as amended by this Act, the Secretary may prescribe the route,
service, manning, and equipment for those vessels based on existing
passenger vessel and small passenger vessel regulations.''
Foreign Approvals
Section 604(b) of Pub. L. 104-324 provided that: ``The Secretary of
Transportation, in consultation with other interested Federal agencies,
shall work with foreign governments to have those governments approve
the use of the same equipment and materials on vessels documented under
the laws of those countries that the Secretary requires on United States
documented vessels.''

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International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which
the United States has been a party, see section 1602 of Title 33,
Navigation and Navigable Waters, and notes thereunder.
Section Referred to in Other Sections
This section is referred to in sections 3313, 3318 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 22, 2002]
[CITE: 46USC3703]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3703. Regulations
(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

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dealing with problems involving vessel safety, port and waterways
safety, and protection of the marine environment.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)
Historical and Revision Notes
-----------------------------------------------------------------------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,

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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 offloading 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

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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

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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

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section 2101 of title 46, United States Code.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 46USC9101]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part F--Manning of Vessels
CHAPTER 91--TANK VESSEL MANNING STANDARDS
Sec. 9101. Standards for foreign tank vessels
(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.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title IV,

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Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------9101(a)........................... 46:391a(11)
9101(b)........................... 46:391a(10)(B)
-----------------------------------------------------------------------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.
Section Referred to in Other Sections
This section is referred to in title 33 section 1228.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 49USC5101]

TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5101. Purpose
The purpose of this chapter is to provide adequate protection
against the risks to life and property inherent in the transportation of
hazardous material in commerce by improving the regulatory and
enforcement authority of the Secretary of Transportation.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759.)
Historical and Revision Notes
-----------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Sour
-----------------------------------------------------------------------------------5101.................................. 49 App.:1801.
Jan. 3, 197
102, 88 St
-----------------------------------------------------------------------------------The words ``It is declared to be the policy of Congress'', ``the
Nation'', and ``which are'' are omitted as surplus.

Short Title of 1998 Amendment
Pub. L. 105-178, title III, Sec. 3001, June 9, 1998, 112 Stat. 338,
provided that: ``This title [amending sections 5302 to 5305, 5307 to
5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title
and enacting provisions set out as notes under sections 301, 5301, 5307
to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of
Title 23, Highways] may be cited as the `Federal Transit Act of 1998'.''

Short Title of 1996 Amendment
Pub.
provided
amending
cited as
1996'.''

L. 104-291, title II, Sec. 201, Oct. 11, 1996, 110 Stat. 3453,
that: ``This title [enacting section 5908 of this title and
sections 5901 to 5903 and 5905 to 5907 of this title] may be
the `Intermodal Safe Container Transportation Amendments Act of

Short Title of 1994 Amendment
Pub. L. 103-311, title I, Sec. 101, Aug. 26, 1994, 108 Stat. 1673,
provided that: ``This title [amending sections 5102 to 5104, 5107, 5108,
5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting
provisions set out as notes under this section, sections 5103, 5112, and

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5121 of this title, and section 307 of Title 23, Highways] may be cited
as the `Hazardous Materials Transportation Authorization Act of 1994'.''

Buy American
Pub. L. 103-311, title I, Sec. 123, Aug. 26, 1994, 108 Stat. 1682,
provided that:
``(a) Compliance With Buy American Act.--None of the funds made
available under this title [see Short Title of 1994 Amendment note
above] may be expended in violation of sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former 10b-1];
popularly known as the `Buy American Act'), which are applicable to
those funds.
``(b) Sense of Congress; Requirement Regarding Notice.-``(1) In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided under
this title, it is the sense of Congress that entities receiving such
assistance should, in expending such assistance, purchase only
American-made equipment and products.
``(2) In providing financial assistance under this title, the
Secretary of Transportation shall provide to each recipient of the
assistance a notice describing the statement made in paragraph (1)
by Congress.
``(c) Prohibition of Contracts.--If it has been finally determined
by a court or Federal agency that any person intentionally affixed a
label bearing a `Made in America' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United States
that is not made in the United States, such person shall be ineligible
to receive any contract or subcontract made with funds provided pursuant
to this title, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
``(d) Reciprocity.-``(1) Except as provided in paragraph (2), no contract or
subcontract may be made with funds authorized under this title to a
company organized under the laws of a foreign country unless the
Secretary of Transportation finds that such country affords
comparable opportunities to companies organized under laws of the
United States.
``(2)(A) The Secretary of Transportation may waive the
provisions of paragraph (1) if the products or services required are
not reasonably available from companies organized under the laws of
the United States. Any such waiver shall be reported to Congress.
``(B) Paragraph (1) shall not apply to the extent that to do so
would violate the General Agreement on Tariffs and Trade or any
other international agreement to which the United States is a
party.''

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 49USC5106]

TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5106. Handling criteria
The Secretary of Transportation may prescribe criteria for handling
hazardous material, including-(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks
posed by the hazardous material;
(5) specifications for the use of equipment and facilities used
in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting
the hazardous material.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763.)
Historical and Revision Notes
-----------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Sour
-----------------------------------------------------------------------------------5106.................................. 49 App.:1805(a).
Jan. 3, 197
106(a), 88
-----------------------------------------------------------------------------------Before clause (1), the text of 49 App.:1805(a) (last sentence) is
omitted as being included in ``prescribe''. In clause (4), the words
``to be used'' are omitted as surplus. In clause (6), the word
``assurance'' is omitted as surplus.
Section Referred to in Other Sections
This section is referred to in section 5107 of this title; title 8
section 1288.

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