1625-0037 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 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3301]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3301. Vessels subject to inspection
The following categories of vessels are subject to inspection under
this part:
(1) freight vessels.
(2) nautical school vessels.
(3) offshore supply vessels.
(4) passenger vessels.
(5) sailing school vessels.
(6) seagoing barges.
(7) seagoing motor vessels.
(8) small passenger vessels.
(9) steam vessels.
(10) tank vessels.
(11) fish processing vessels.
(12) fish tender vessels.
(13) Great Lakes barges.
(14) oil spill response vessels.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title IV,
Sec. 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102-587, title V,
Sec. 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-324, title XI,
Sec. 1104(g), Oct. 19, 1996, 110 Stat. 3967.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3301(1)........................... 46:391
46:404
3301(2)........................... 46:1295f(c)
3301(3)........................... 46:404-1
3301(4)........................... 46:390a
46:391
3301(5)........................... 46:390a
3301(6)........................... 46:395
3301(7)........................... 46:367
3301(8)........................... 46:390a
3301(9)........................... 46:362
46:391
46:405
3301(10).......................... 46:391a
-----------------------------------------------------------------------Section 3301 lists all classes of vessels that are subject to
inspection and certification by the Coast Guard. This section represents
one of the sought-after advantages of the bill to simplify access to the
provisions of law governing the regulation of vessels. Under the present
law, a vessel's inspection status must be determined by examining a

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table appearing at section 2.01-7A of title 46, Code of Federal
Regulations that divides all vessels into more than 70 separate classes.
It is important to note that while the classes of vessels are now
limited to ten, there is no prohibition against developing regulations
to meet the special needs of various size vessels within any one
category. For example, it is expected that the Coast Guard will continue
the practice of establishing standards for freight vessels of not more
than 100 gross tons and other standards for larger freight vessels.
It should also be noted that a particular vessel can, when engaged
in various types of operations, be subject to varying inspection laws.
For example, an offshore supply vessel could be classed as a small
passenger vessel or a passenger vessel when it operates as a crew boat
carrying individuals other than those defined in section 2101(21). If
the offshore supply vessel is 500 gross tons and over it would then be
subject to inspection as a seagoing motor vessel, a freight vessel, or a
passenger vessel.
Amendments
1996--Par. (14). Pub. L. 104-324 added par. (14).
1992--Par. (13). Pub. L. 102-587 added par. (13).
1984--Pars. (11), (12). Pub. L. 98-364 added pars. (11) and (12).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great Lakes
barges placed in operation after Nov. 4, 1992, and effective one year
after Nov. 4, 1992, for Great Lakes barges in operation on Nov. 4, 1992,
with provision for interim safety requirements, see section 5208(c), (d)
of Pub. L. 102-587, set out as a note under section 2101 of this title.
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Short Title of 1984 Amendment
Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303,
provided that: ``This subtitle [subtitle A (Secs. 210-214) of title II
of Pub. L. 98-498, enacting section 2306 of this title, amending
sections 2301, 3309, 3311, 3318, 6101, and 6103 of this title and
section 183 of the Appendix to this title, and enacting provisions set
out as notes under section 2306 of this title and section 183 of the
Appendix to this title] may be cited as the `Maritime Safety Act of
1984'.''
Pilot Program
Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat.
3432, provided that:
``(1) In general.--The Secretary may establish a pilot program to
exempt a vessel of at least 300 gross tons as measured under chapter 143
or chapter 145 of title 46, United States Code, from the requirement to
be inspected under section 3301(7) of title 46, United States Code, as a
seagoing motor vessel, if-``(A) the vessel does not carry any cargo or passengers for
hire;
``(B) the vessel does not engage in commercial service,
commercial fisheries, or oceanographic research; and

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``(C) the vessel does not engage in towing.
``(2) Expiration of authority.--The authority to grant the
exemptions under this subsection expires 2 years after the date of the
enactment of this Act [Nov. 13, 1998]. Any specific exemptions granted
under this subsection shall nonetheless remain in effect.''
Small Passenger Vessel Pilot Inspection Program With State of Minnesota
Section 1122 of Pub. L. 104-324 provided that:
``(a) In General.--The Secretary may enter into an agreement with
the State under which the State may inspect small passenger vessels
operating in waters of that State designated by the Secretary, if-``(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require to
ensure the safety and operation of such vessels in accordance with
the standards that would apply if the Coast Guard were inspecting
such vessels; and
``(2) the State will provide such information obtained through
the inspection program to the Secretary annually in such form and in
such detail as the Secretary may require.
``(b) Fees.--The Secretary may adjust or waive the user fee imposed
under section 3317 of title 46, United States Code, for the inspection
of small passenger vessels inspected under the State program.
``(c) Termination.--The authority provided by subsection (a)
terminates on December 31, 1999.
``(d) Definitions.--For purposes of this section-``(1) Secretary.--The term `Secretary' means the Secretary of
the department in which the Coast Guard is operating.
``(2) State.--The term `State' means the State of Minnesota.
``(3) Small passenger vessel.--The term `small passenger vessel'
means a small passenger vessel (as defined in section 2101(35) of
title 46, United States Code) of not more than 40 feet overall in
length.''
Section Referred to in Other Sections
This section is referred to in sections 2101, 3302 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: 46USC3305]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3305. Scope and standards of inspection
(a) The inspection process shall ensure that a vessel subject to
inspection-(1) is of a structure suitable for the service in which it is to
be employed;
(2) is equipped with proper appliances for lifesaving, fire
prevention, and firefighting;
(3) has suitable accommodations for the crew, sailing school
instructors, and sailing school students, and for passengers on the
vessel if authorized to carry passengers;
(4) is in a condition to be operated with safety to life and
property; and
(5) complies with applicable marine safety laws and regulations.
(b) If an inspection, or examination under section 3308 of this
title, reveals that a life preserver, lifesaving device, or firehose is
defective and incapable of being repaired, the owner or master shall
destroy the life preserver, lifesaving device, or firehose in the
presence of the official conducting the inspection or examination.
(c) A nautical school vessel operated by a civilian nautical school
or by an educational institution under section 13 of the Coast Guard
Authorization Act of 1986 shall be inspected like a small passenger
vessel or a passenger vessel, depending on its tonnage.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99-36,
Sec. 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 13(e),
Nov. 10, 1986, 100 Stat. 3551.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3305.............................. 46:369
46:390a
46:391
46:392
46:395
46:404-1
46:405
46:406
46:407
46:408
46:660a
46:881
-----------------------------------------------------------------------Section 3305 consolidates, at one place, the basic scope of coverage
of the inspection process. It is to be noted that the time difference in

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enactment of various statutes has resulted in some anomalies. Thus, for
example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of
inspection and vested authority in ``local inspectors'' was expanded
over the years to provide the base for inspection of certain classes of
vessels as well as setting out the periods and scope. The distillation
of inspection objectives and standards in later laws and the transfer of
all functions of separately created bureaus and functionaries to the
Coast Guard permit this consolidation. There are those who have a desire
to see the scope and standards of inspection be more specific in law
similar to those presently applicable to boilers and boiler plating that
predate 1871. The Committee believes this serves no useful purpose since
the specifics are either antiquated or too limiting and have, in fact,
been superceded by the statutorily authorized adoption of various
industrial specifications, standards, and codes by the Coast Guard.
These include the American Bureau of Shipping (ABS), American Society of
Mechanical Engineers (ASME), American National Standards Institute
(ANSI), American Society for Testing and Materials (ASTM), American
Welding Society (AWS), Underwriters Laboratories (UL), and many others.
In addition, Coast Guard regulations must also implement and conform to
the numerous international maritime safety treaties to which the United
States is signatory. The Committee expects that the regulatory
flexibility being provided will not reduce the present vessel inspection
requirements that have been historically developed.
Section 3305(a) establishes the statutory scope of the Coast Guard's
vessel inspection authority and duty. The inspection process shall
ensure that a vessel is of suitable structure, equipment, and
accommodations, is maintained in an operating condition consistent with
safety of life and property, and complies with applicable marine safety
laws and regulations.
Subsection (b) requires that defective life preservers and firehose
be destroyed in the presence of the inspecting official, normally a
qualified Coast Guard marine inspector. The Committee believes that if
this equipment is defective for use on an inspected vessel, it should be
destroyed so that it cannot be used on an uninspected or recreational
vessel.
Subsection (c) provides flexibility in the inspection of various
sizes of nautical school vessels.
References in Text
Section 13 of the Coast Guard Authorization Act of 1986, referred to
in subsec. (c), is section 13 of Pub. L. 99-640, which enacted section
484d of Title 40, Public Buildings, Property, and Works, and amended
sections 2101 and 3305 of this title.
Amendments
1986--Subsec. (c). Pub. L. 99-640 inserted ``or by an educational
institution under section 13 of the Coast Guard Authorization Act of
1986''.
1985--Subsec. (b). Pub. L. 99-36 substituted ``lifesaving'' and
``life preserver, lifesaving device, or firehose'' for ``life-saving''
and ``life preserver or firehose'', respectively.

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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 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3702]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3702. Application
(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.
(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.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3702.............................. 46:391a
------------------------------------------------------------------------

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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''.
Section Referred to in Other Sections
This section is referred to in section 8703 of this title; title 49
section 5117.

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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: 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
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.)

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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,
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

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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
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,

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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.''

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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.''
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 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3711]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3711. Evidence of compliance by foreign vessels
(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.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)
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.
Section Referred to in Other Sections
This section is referred to in section 3715 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: 46USC3714]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3714. Inspection and examination
(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.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec. 1(8),
May 19, 1986, 100 Stat. 445.)
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.

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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''.
Section Referred to in Other Sections
This section is referred to in section 3717 of this title.

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