StatA

Page 303

Economic Zone of the United States established by
Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453
note]; or
(c) impairs the determination, in accordance with
international law, of any maritime boundary of the
United States with a foreign jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my
hand this second day of September, in the year of our
Lord nineteen hundred and ninety-nine, and of the
Independence of the United States of America the two
hundred and twenty-fourth.
WILLIAM J. CLINTON.

§ 1332. Congressional declaration of policy
It is hereby declared to be the policy of the
United States that—
(1) the subsoil and seabed of the outer Continental Shelf appertain to the United States
and are subject to its jurisdiction, control, and
power of disposition as provided in this subchapter;
(2) this subchapter shall be construed in such
a manner that the character of the waters
above the outer Continental Shelf as high seas
and the right to navigation and fishing therein
shall not be affected;
(3) the outer Continental Shelf is a vital national resource reserve held by the Federal
Government for the public, which should be
made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with
the maintenance of competition and other national needs;
(4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on
coastal and non-coastal areas of the coastal
States, and on other affected States, and, in
recognition of the national interest in the effective management of the marine, coastal,
and human environments—
(A) such States and their affected local
governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts;
(B) the distribution of a portion of the receipts from the leasing of mineral resources
of the outer Continental Shelf adjacent to
State lands, as provided under section 1337(g)
of this title, will provide affected coastal
States and localities with funds which may
be used for the mitigation of adverse economic and environmental effects related to
the development of such resources; and
(C) such States, and through such States,
affected local governments, are entitled to
an opportunity to participate, to the extent
consistent with the national interest, in the
policy and planning decisions made by the
Federal Government relating to exploration
for, and development and production of,
minerals of the outer Continental Shelf.1
(5) the rights and responsibilities of all
States and, where appropriate, local governments, to preserve and protect their marine,
human, and coastal environments through
such means as regulation of land, air, and
1 So

§ 1333

TITLE 43—PUBLIC LANDS

in original. The period probably should be a semicolon.

water uses, of safety, and of related development and activity should be considered and
recognized; and
(6) operations in the outer Continental Shelf
should be conducted in a safe manner by welltrained personnel using technology, precautions, and techniques sufficient to prevent
or minimize the likelihood of blowouts, loss of
well control, fires, spillages, physical obstruction to other users of the waters or subsoil and
seabed, or other occurrences which may cause
damage to the environment or to property, or
endanger life or health.
(Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L.
95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634;
Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100
Stat. 148.)
AMENDMENTS
1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B)
and redesignated former subpar. (B) as (C).
1978—Pub. L. 95–372 redesignated subsecs. (a) and (b)
as pars. (1) and (2) and added pars. (3) to (6).

§ 1333. Laws and regulations governing lands
(a) Constitution and United States laws; laws of
adjacent States; publication of projected
State lines; international boundary disputes;
restriction on State taxation and jurisdiction
(1) The Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the outer
Continental Shelf and to all artificial islands,
and all installations and other devices permanently or temporarily attached to the seabed,
which may be erected thereon for the purpose of
exploring for, developing, or producing resources
therefrom, or any such installation or other device (other than a ship or vessel) for the purpose
of transporting such resources, to the same extent as if the outer Continental Shelf were an
area of exclusive Federal jurisdiction located
within a State: Provided, however, That mineral
leases on the outer Continental Shelf shall be
maintained or issued only under the provisions
of this subchapter.
(2)(A) To the extent that they are applicable
and not inconsistent with this subchapter or
with other Federal laws and regulations of the
Secretary now in effect or hereafter adopted, the
civil and criminal laws of each adjacent State,
now in effect or hereafter adopted, amended, or
repealed are declared to be the law of the United
States for that portion of the subsoil and seabed
of the outer Continental Shelf, and artificial islands and fixed structures erected thereon,
which would be within the area of the State if
its boundaries were extended seaward to the
outer margin of the outer Continental Shelf, and
the President shall determine and publish in the
Federal Register such projected lines extending
seaward and defining each such area. All of such
applicable laws shall be administered and enforced by the appropriate officers and courts of
the United States. State taxation laws shall not
apply to the outer Continental Shelf.
(B) Within one year after September 18, 1978,
the President shall establish procedures for
setting 1 any outstanding international bound1 So

in original. Probably should be ‘‘settling’’.

§ 1333

TITLE 43—PUBLIC LANDS

ary dispute respecting the outer Continental
Shelf.
(3) The provisions of this section for adoption
of State law as the law of the United States
shall never be interpreted as a basis for claiming
any interest in or jurisdiction on behalf of any
State for any purpose over the seabed and subsoil of the outer Continental Shelf, or the property and natural resources thereof or the revenues therefrom.
(b) Longshore and Harbor Workers’ Compensation Act applicable; definitions
With respect to disability or death of an employee resulting from any injury occurring as
the result of operations conducted on the outer
Continental Shelf for the purpose of exploring
for, developing, removing, or transporting by
pipeline the natural resources, or involving
rights to the natural resources, of the subsoil
and seabed of the outer Continental Shelf, compensation shall be payable under the provisions
of the Longshore and Harbor Workers’ Compensation Act [33 U.S.C. 901 et seq.]. For the purposes of the extension of the provisions of the
Longshore and Harbor Workers’ Compensation
Act under this section—
(1) the term ‘‘employee’’ does not include a
master or member of a crew of any vessel, or
an officer or employee of the United States or
any agency thereof or of any State or foreign
government, or of any political subdivision
thereof;
(2) the term ‘‘employer’’ means an employer
any of whose employees are employed in such
operations; and
(3) the term ‘‘United States’’ when used in a
geographical sense includes the outer Continental Shelf and artificial islands and fixed
structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], any
unfair labor practice, as defined in such Act, occurring upon any artificial island, installation,
or other device referred to in subsection (a) of
this section shall be deemed to have occurred
within the judicial district of the State, the
laws of which apply to such artificial island, installation, or other device pursuant to such subsection, except that until the President determines the areas within which such State laws
are applicable, the judicial district shall be that
of the State nearest the place of location of such
artificial island, installation, or other device.
(d) Coast Guard regulations; marking of artificial islands, installations, and other devices;
failure of owner suitably to mark according
to regulations
(1) The Secretary of the Department in which
the Coast Guard is operating shall have authority to promulgate and enforce such reasonable
regulations with respect to lights and other
warning devices, safety equipment, and other
matters relating to the promotion of safety of
life and property on the artificial islands, installations, and other devices referred to in subsection (a) of this section or on the waters adjacent thereto, as he may deem necessary.
(2) The Secretary of the Department in which
the Coast Guard is operating may mark for the

Page 304

protection of navigation any artificial island,
installation, or other device referred to in subsection (a) of this section whenever the owner
has failed suitably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the
owner shall pay the cost of such marking.
(e) Authority of Secretary of the Army to prevent
obstruction to navigation
The authority of the Secretary of the Army to
prevent obstruction to navigation in the navigable waters of the United States is extended to
the artificial islands, installations, and other
devices referred to in subsection (a) of this section.
(f) Provisions as nonexclusive
The specific application by this section of certain provisions of law to the subsoil and seabed
of the outer Continental Shelf and the artificial
islands, installations, and other devices referred
to in subsection (a) of this section or to acts or
offenses occurring or committed thereon shall
not give rise to any inference that the application to such islands and structures, acts, or offenses of any other provision of law is not intended.
(Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L.
93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L.
95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635;
Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat.
1654.)
REFERENCES IN TEXT
The Longshore and Harbor Workers’ Compensation
Act, referred to in subsec. (b), is act Mar. 4, 1927, ch.
509, 44 Stat. 1424, as amended, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation
and Navigable Waters. For complete classification of
this Act to the Code, see section 901 of Title 33 and
Tables.
The National Labor Relations Act, as amended, referred to in subsec. (c), is act July 5, 1935, ch. 372, 49
Stat. 449, as amended, which is classified generally to
subchapter II (§ 151 et seq.) of chapter 7 of Title 29,
Labor. For complete classification of this Act to the
Code, see section 167 of Title 29 and Tables.
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426 substituted ‘‘Longshore and Harbor Workers’ Compensation Act’’ for
‘‘Longshoremen’s and Harbor Workers’ Compensation
Act’’.
1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), substituted ‘‘, and all installations and other devices permanently or temporarily attached to the seabed, which
may be erected thereon for the purpose of exploring for,
developing, or producing resources therefrom, or any
such installation or other device (other than a ship or
vessel) for the purpose of transporting such resources,’’
for ‘‘and fixed structures which may be erected thereon
for the purpose of exploring for, developing, removing,
and transporting resources therefrom,’’.
Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated
subsec. (c) as (b) and substituted ‘‘conducted on the
outer Continental Shelf for the purpose of exploring
for, developing, removing, or transporting by pipeline
the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer
Continental Shelf,’’ for ‘‘described in subsection (b) of
this section,’’. Former subsec. (b), relating to the jurisdiction of United States district courts over cases and

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TITLE 43—PUBLIC LANDS

controversies arising out of or in connection with operations conducted on the outer Continental Shelf, was
struck out. See section 1349(b) of this title.
Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated
subsec. (d) as (c) and substituted ‘‘artificial island, installation, or other device referred to in subsection (a)
of this section shall be deemed to have occurred within
the judicial district of the State, the laws of which
apply to such artificial island, installation, or other device pursuant to such subsection, except that until the
President determines the areas within such State laws
are applicable, the judicial district shall be that of the
State nearest the place of location of such artificial island, installation, or other device’’ for ‘‘artificial island or fixed structure referred to in subsection (a) of
this section shall be deemed to have occurred within
the judicial district of the adjacent State nearest the
place of location of such island or structure’’. Former
subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redesignated subsec. (e)(1) as (d)(1), substituted ‘‘Secretary’’
for ‘‘head’’ and ‘‘artificial islands, installations, and
other devices’’ for ‘‘islands and structures’’. Former
subsec. (d) redesignated (c).
Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted ‘‘Secretary’’ for
‘‘head’’ and ‘‘artificial island, installation, or other device referred to in subsection (a) of this section whenever the owner has failed suitably to mark such island,
installation, or other device in accordance with regulations issued under this subchapter, and the owner shall
pay the cost of such marking’’ for ‘‘such island or
structure whenever the owner has failed suitably to
mark the same in accordance with regulations issued
hereunder, and the owner shall pay the cost thereof’’,
and struck out provisions which had made failure or refusal to obey any lawful rules and regulations a misdemeanor punishable by a fine of not more than $100,
with each day during which such a violation would continue to be deemed a new offense. Former subsec. (d)
redesignated (c).
Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted ‘‘the artificial islands,
installations, and other devices referred to in subsection (a) of this section’’ for ‘‘artificial islands and
fixed structures located on the outer Continental
Shelf’’. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesignated subsec. (g) as (f) and substituted ‘‘the artificial
islands, installations, and other devices’’ for ‘‘the artificial islands and fixed structures’’. Former subsec. (f)
redesignated (e).
1975—Subsec. (a)(2). Pub. L. 93–627 substituted ‘‘now
in effect or hereafter adopted, amended, or repealed’’
for ‘‘as of the effective date of this Act’’ in first sentence.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1334. Administration of leasing
(a) Rules and regulations; amendment; cooperation with State agencies; subject matter and
scope of regulations
The Secretary shall administer the provisions
of this subchapter relating to the leasing of the
outer Continental Shelf, and shall prescribe
such rules and regulations as may be necessary
to carry out such provisions. The Secretary may
at any time prescribe and amend such rules and

§ 1334

regulations as he determines to be necessary
and proper in order to provide for the prevention
of waste and conservation of the natural resources of the outer Continental Shelf, and the
protection of correlative rights therein, and,
notwithstanding any other provisions herein,
such rules and regulations shall, as of their effective date, apply to all operations conducted
under a lease issued or maintained under the
provisions of this subchapter. In the enforcement of safety, environmental, and conservation
laws and regulations, the Secretary shall cooperate with the relevant departments and
agencies of the Federal Government and of the
affected States. In the formulation and promulgation of regulations, the Secretary shall request and give due consideration to the views of
the Attorney General with respect to matters
which may affect competition. In considering
any regulations and in preparing any such
views, the Attorney General shall consult with
the Federal Trade Commission. The regulations
prescribed by the Secretary under this subsection shall include, but not be limited to, provisions—
(1) for the suspension or temporary prohibition of any operation or activity, including
production, pursuant to any lease or permit
(A) at the request of a lessee, in the national
interest, to facilitate proper development of a
lease or to allow for the construction or negotiation for use of transportation facilities, or
(B) if there is a threat of serious, irreparable,
or immediate harm or damage to life (including fish and other aquatic life), to property, to
any mineral deposits (in areas leased or not
leased), or to the marine, coastal, or human
environment, and for the extension of any permit or lease affected by suspension or prohibition under clause (A) or (B) by a period equivalent to the period of such suspension or prohibition, except that no permit or lease shall be
so extended when such suspension or prohibition is the result of gross negligence or willful
violation of such lease or permit, or of regulations issued with respect to such lease or permit;
(2) with respect to cancellation of any lease
or permit—
(A) that such cancellation may occur at
any time, if the Secretary determines, after
a hearing, that—
(i) continued activity pursuant to such
lease or permit would probably cause serious harm or damage to life (including fish
and other aquatic life), to property, to any
mineral (in areas leased or not leased), to
the national security or defense, or to the
marine, coastal, or human environment;
(ii) the threat of harm or damage will
not disappear or decrease to an acceptable
extent within a reasonable period of time;
and
(iii) the advantages of cancellation outweigh the advantages of continuing such
lease or permit force;
(B) that such cancellation shall not occur
unless and until operations under such lease
or permit shall have been under suspension,
or temporary prohibition, by the Secretary,
with due extension of any lease or permit

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TITLE 43—PUBLIC LANDS

failure of equipment would have a significant effect on safety, health, or the environment, except where the Secretary determines that the
incremental benefits are clearly insufficient to
justify the incremental costs of utilizing such
technologies.
(c) Regulations applying to unregulated hazardous working conditions
The Secretary of the Department in which the
Coast Guard is operating shall promulgate regulations or standards applying to unregulated
hazardous working conditions related to activities on the outer Continental Shelf when he determines such regulations or standards are necessary. The Secretary of the Department in
which the Coast Guard is operating may from
time to time modify any regulations, interim or
final, dealing with hazardous working conditions on the outer Continental Shelf.
(d) Application of other laws
Nothing in this subchapter shall affect the authority provided by law to the Secretary of
Labor for the protection of occupational safety
and health, the authority provided by law to the
Administrator of the Environmental Protection
Agency for the protection of the environment,
or the authority provided by law to the Secretary of Transportation with respect to pipeline safety.
(e) Studies of underwater diving techniques and
equipment
The Secretary of Commerce, in cooperation
with the Secretary of the Department in which
the Coast Guard is operating, and the Director
of the National Institute of Occupational Safety
and Health, shall conduct studies of underwater
diving techniques and equipment suitable for
protection of human safety and improvement of
diver performance. Such studies shall include,
but need not be limited to, decompression and
excursion table development and improvement
and all aspects of diver physiological restraints
and protective gear for exposure to hostile environments.
(f) Coordination and consultation with Federal
departments and agencies; availability to interested persons of compilation of safety regulations
(1) In administering the provisions of this section, the Secretary shall consult and coordinate
with the heads of other appropriate Federal departments and agencies for purposes of assuring
that, to the maximum extent practicable, inconsistent or duplicative requirements are not imposed.
(2) The Secretary shall make available to any
interested person a compilation of all safety and
other regulations which are prepared and promulgated by any Federal department or agency
and applicable to activities on the outer Continental Shelf. Such compilation shall be revised and updated annually.
(Aug. 7, 1953, ch. 345, § 21, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 654.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities

§ 1348

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1348. Enforcement of safety and environmental
regulations
(a) Utilization of Federal departments and agencies
The Secretary, the Secretary of the Department in which the Coast Guard is operating, and
the Secretary of the Army shall enforce safety
and environmental regulations promulgated
pursuant to this subchapter. Each such Federal
department may by agreement utilize, with or
without reimbursement, the services, personnel,
or facilities of other Federal departments and
agencies for the enforcement of their respective
regulations.
(b) Duties of holders of lease or permit
It shall be the duty of any holder of a lease or
permit under this subchapter to—
(1) maintain all places of employment within
the lease area or within the area covered by
such permit in compliance with occupational
safety and health standards and, in addition,
free from recognized hazards to employees of
the lease holder or permit holder or of any
contractor or subcontractor operating within
such lease area or within the area covered by
such permit on the outer Continental Shelf;
(2) maintain all operations within such lease
area or within the area covered by such permit
in compliance with regulations intended to
protect persons, property, and the environment on the outer Continental Shelf; and
(3) allow prompt access, at the site of any
operation subject to safety regulations, to any
inspector, and to provide such documents and
records which are pertinent to occupational or
public health, safety, or environmental protection, as may be requested.
(c) Onsite inspection of facilities
The Secretary and the Secretary of the Department in which the Coast Guard is operating
shall individually, or jointly if they so agree,
promulgate regulations to provide for—
(1) scheduled onsite inspection, at least once
a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection
shall include all safety equipment designed to
prevent or ameliorate blowouts, fires, spillages, or other major accidents; and
(2) periodic onsite inspection without advance notice to the operator of such facility to
assure compliance with such environmental or
safety regulations.
(d) Investigation and report on major fires, oil
spills, death, or serious injury
(1) The Secretary or the Secretary of the Department in which the Coast Guard is operating
shall make an investigation and public report on
each major fire and each major oil spillage occurring as a result of operations conducted pur-

§ 1349

TITLE 43—PUBLIC LANDS

suant to this subchapter, and may, in his discretion, make an investigation and report of lesser
oil spillages. For purposes of this subsection, a
major oil spillage is any spillage in one instance
of more than two hundred barrels of oil during
a period of thirty days. All holders of leases or
permits issued or maintained under this subchapter shall cooperate with the appropriate
Secretary in the course of any such investigation.
(2) The Secretary or the Secretary of the Department in which the Coast Guard is operating
shall make an investigation and public report on
any death or serious injury occurring as a result
of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one
resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter
shall cooperate with the appropriate Secretary
in the course of any such investigation.
(e) Review of allegations of violations
The Secretary, or, in the case of occupational
safety and health, the Secretary of the Department in which the Coast Guard is operating,
may review any allegation from any person of
the existence of a violation of a safety regulation issued under this subchapter.
(f) Summoning of witnesses and production of
evidence
In any investigation conducted pursuant to
this section, the Secretary or the Secretary of
the Department in which the Coast Guard is operating shall have power to summon witnesses
and to require the production of books, papers,
documents, and any other evidence. Attendance
of witnesses or the production of books, papers,
documents, or any other evidence shall be compelled by a similar process, as in the district
courts of the United States. Such Secretary, or
his designee, shall administer all necessary
oaths to any witnesses summoned before such
investigation.
(Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended
Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998,
112 Stat. 3290.)
AMENDMENTS
1998—Subsec. (g). Pub. L. 105–362 struck out subsec.
(g) which read as follows: ‘‘The Secretary shall, after
consultation with the Secretary of the Department in
which the Coast Guard is operating, include in his annual report to the Congress required by section 1343 of
this title the number of violations of safety regulations
reported or alleged, any investigations undertaken, the
results of such investigations, and any administrative
or judicial action taken as a result of such investigations, and the results of the diving studies conducted
under section 1347(e) of this title.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reor-

Page 328

ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
REPORT AND RECOMMENDATIONS BY SECRETARY TO
CONGRESS FOR TRAINING PROGRAM
Pub. L. 95–372, title VI, § 607, Sept. 18, 1978, 92 Stat.
697, required the Secretary of the Interior, in consultation with the Secretary of the Department in which the
Coast Guard is operating, not later than ninety days
after Sept. 18, 1978, to prepare and submit to the Congress a training program report concerning individuals
employed on any artificial island, installation, or other
device located on the Outer Continental Shelf and who,
as part of their employment, operate or supervise the
operation of pollution-prevention equipment.

§ 1349. Citizens suits, jurisdiction and judicial review
(a) Persons who may bring actions; persons
against whom action may be brought; time of
action; intervention by Attorney General;
costs and fees; security
(1) Except as provided in this section, any person having a valid legal interest which is or may
be adversely affected may commence a civil action on his own behalf to compel compliance
with this subchapter against any person, including the United States, and any other government instrumentality or agency (to the extent
permitted by the eleventh amendment to the
Constitution) for any alleged violation of any
provision of this subchapter or any regulation
promulgated under this subchapter, or of the
terms of any permit or lease issued by the Secretary under this subchapter.
(2) Except as provided in paragraph (3) of this
subsection, no action may be commenced under
subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has
given notice of the alleged violation, in writing under oath, to the Secretary and any other
appropriate Federal official, to the State in
which the violation allegedly occurred or is
occurring, and to any alleged violator; or
(B) if the Attorney General has commenced
and is diligently prosecuting a civil action in
a court of the United States or a State with
respect to such matter, but in any such action
in a court of the United States any person
having a legal interest which is or may be adversely affected may intervene as a matter of
right.
(3) An action may be brought under this subsection immediately after notification of the alleged violation in any case in which the alleged
violation constitutes an imminent threat to the
public health or safety or would immediately affect a legal interest of the plaintiff.
(4) In any action commenced pursuant to this
section, the Attorney General, upon the request
of the Secretary or any other appropriate Federal official, may intervene as a matter of right.
(5) A court, in issuing any final order in any
action brought pursuant to subsection (a)(1) or
subsection (c) of this section, may award costs
of litigation, including reasonable attorney and
expert witness fees, to any party, whenever such
court determines such award is appropriate. The
court may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond or equivalent security in a suffi-

Page 329

cient amount to compensate for any loss or
damage suffered, in accordance with the Federal
Rules of Civil Procedure.
(6) Except as provided in subsection (c) of this
section, all suits challenging actions or decisions allegedly in violation of, or seeking enforcement of, the provisions of this subchapter,
or any regulation promulgated under this subchapter, or the terms of any permit or lease issued by the Secretary under this subchapter,
shall be undertaken in accordance with the procedures described in this subsection. Nothing in
this section shall restrict any right which any
person or class of persons may have under any
other Act or common law to seek appropriate
relief.
(b) Jurisdiction and venue of actions
(1) Except as provided in subsection (c) of this
section, the district courts of the United States
shall have jurisdiction of cases and controversies arising out of, or in connection with (A) any
operation conducted on the outer Continental
Shelf which involves exploration, development,
or production of the minerals, of the subsoil and
seabed of the outer Continental Shelf, or which
involves rights to such minerals, or (B) the cancellation, suspension, or termination of a lease
or permit under this subchapter. Proceedings
with respect to any such case or controversy
may be instituted in the judicial district in
which any defendant resides or may be found, or
in the judicial district of the State nearest the
place the cause of action arose.
(2) Any resident of the United States who is
injured in any manner through the failure of
any operator to comply with any rule, regulation, order, or permit issued pursuant to this
subchapter may bring an action for damages (including reasonable attorney and expert witness
fees) only in the judicial district having jurisdiction under paragraph (1) of this subsection.
(c) Review of Secretary’s approval of leasing program; review of approval, modification or
disapproval of exploration or production
plan; persons who may seek review; scope of
review; certiorari to Supreme Court
(1) Any action of the Secretary to approve a
leasing program pursuant to section 1344 of this
title shall be subject to judicial review only in
the United States Court of Appeal 1 for the District of Columbia.
(2) Any action of the Secretary to approve, require modification of, or disapprove any exploration plan or any development and production
plan under this subchapter shall be subject to
judicial review only in a United States court of
appeals for a circuit in which an affected State
is located.
(3) The judicial review specified in paragraphs
(1) and (2) of this subsection shall be available
only to a person who (A) participated in the administrative proceedings related to the actions
specified in such paragraphs, (B) is adversely affected or aggrieved by such action, (C) files a petition for review of the Secretary’s action within sixty days after the date of such action, and
(D) promptly transmits copies of the petition to
the Secretary and to the Attorney General.
1 So

§ 1350

TITLE 43—PUBLIC LANDS

in original. Probably should be ‘‘Appeals’’.

(4) Any action of the Secretary specified in
paragraph (1) or (2) shall only be subject to review pursuant to the provisions of this subsection, and shall be specifically excluded from
citizen suits which are permitted pursuant to
subsection (a) of this section.
(5) The Secretary shall file in the appropriate
court the record of any public hearings required
by this subchapter and any additional information upon which the Secretary based his decision, as required by section 2112 of title 28. Specific objections to the action of the Secretary
shall be considered by the court only if the issues upon which such objections are based have
been submitted to the Secretary during the administrative proceedings related to the actions
involved.
(6) The court of appeals conducting a proceeding pursuant to this subsection shall consider
the matter under review solely on the record
made before the Secretary. The findings of the
Secretary, if supported by substantial evidence
on the record considered as a whole, shall be
conclusive. The court may affirm, vacate, or
modify any order or decision or may remand the
proceedings to the Secretary for such further action as it may direct.
(7) Upon the filing of the record with the
court, pursuant to paragraph (5), the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment
shall be subject to review by the Supreme Court
of the United States upon writ of certiorari.
(Aug. 7, 1953, ch. 345, § 23, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 657; amended
Pub. L. 98–620, title IV, § 402(44), Nov. 8, 1984, 98
Stat. 3360.)
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (a)(5), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
AMENDMENTS
1984—Subsec. (d). Pub. L. 98–620 struck out subsec. (d)
which provided that except as to causes of action considered by the court to be of greater importance, any
action under this section would take precedence on the
docket over all other causes of action and would be set
for hearing at the earliest practical date and expedited
in every way.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.

§ 1350. Remedies and penalties
(a) Injunctions, restraining orders, etc.
At the request of the Secretary, the Secretary
of the Army, or the Secretary of the Department
in which the Coast Guard is operating, the Attorney General or a United States attorney shall
institute a civil action in the district court of
the United States for the district in which the
affected operation is located for a temporary restraining order, injunction, or other appropriate
remedy to enforce any provision of this subchapter, any regulation or order issued under
this subchapter, or any term of a lease, license,
or permit issued pursuant to this subchapter.

§ 1351

TITLE 43—PUBLIC LANDS

(b) Civil penalties; hearing
(1) Except as provided in paragraph (2), if any
person fails to comply with any provision of this
subchapter, or any term of a lease, license, or
permit issued pursuant to this subchapter, or
any regulation or order issued under this subchapter, after notice of such failure and expiration of any reasonable period allowed for corrective action, such person shall be liable for a civil
penalty of not more than $20,000 for each day of
the continuance of such failure. The Secretary
may assess, collect, and compromise any such
penalty. No penalty shall be assessed until the
person charged with a violation has been given
an opportunity for a hearing. The Secretary
shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to
reflect any increases in the Consumer Price
Index (all items, United States city average) as
prepared by the Department of Labor.
(2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property,
any mineral deposit, or the marine, coastal, or
human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.
(c) Criminal penalties
Any person who knowingly and willfully (1)
violates any provision of this subchapter, any
term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or
order issued under the authority of this subchapter designed to protect health, safety, or
the environment or conserve natural resources,
(2) makes any false statement, representation,
or certification in any application, record, report, or other document filed or required to be
maintained under this subchapter, (3) falsifies,
tampers with, or renders inaccurate any monitoring device or method of record required to be
maintained under this subchapter, or (4) reveals
any data or information required to be kept confidential by this subchapter shall, upon conviction, be punished by a fine of not more than
$100,000, or by imprisonment for not more than
ten years, or both. Each day that a violation
under clause (1) of this subsection continues, or
each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in clause (3) of
this subsection, shall constitute a separate violation.
(d) Liability of corporate officers and agents for
violations by corporation
Whenever a corporation or other entity is subject to prosecution under subsection (c) of this
section, any officer or agent of such corporation
or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section.
(e) Concurrent and cumulative nature of penalties
The remedies and penalties prescribed in this
subchapter shall be concurrent and cumulative

Page 330

and the exercise of one shall not preclude the exercise of the others. Further, the remedies and
penalties prescribed in this subchapter shall be
in addition to any other remedies and penalties
afforded by any other law or regulation.
(Aug. 7, 1953, ch. 345, § 24, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 659; amended
Pub. L. 101–380, title VIII, § 8201, Aug. 18, 1990, 104
Stat. 570.)
AMENDMENTS
1990—Subsec. (b). Pub. L. 101–380 substituted ‘‘(1) Except as provided in paragraph (2), if any’’ for ‘‘If any’’,
substituted ‘‘$20,000’’ for ‘‘$10,000’’, inserted at end ‘‘The
Secretary shall, by regulation at least every 3 years,
adjust the penalty specified in this paragraph to reflect
any increases in the Consumer Price Index (all items,
United States city average) as prepared by the Department of Labor’’, and added par. (2).
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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1351. Oil and gas development and production
(a) Development and production plans; submission to Secretary; statement of facilities and
operation; submission to Governors of affected States and local governments
(1) Prior to development and production pursuant to an oil and gas lease issued after September 18, 1978, in any area of the outer Continental Shelf, other than the Gulf of Mexico, or
issued or maintained prior to September 18, 1978,
in any area of the outer Continental Shelf, other
than the Gulf of Mexico, with respect to which
no oil or gas has been discovered in paying quantities prior to September 18, 1978, the lessee
shall submit a development and production plan
(hereinafter in this section referred to as a
‘‘plan’’) to the Secretary, for approval pursuant
to this section.
(2) A plan shall be accompanied by a statement describing all facilities and operations,
other than those on the outer Continental Shelf,
proposed by the lessee and known by him
(whether or not owned or operated by such lessee) which will be constructed or utilized in the
development and production of oil or gas from
the lease area, including the location and site of
such facilities and operations, the land, labor,
material, and energy requirements associated
with such facilities and operations, and all environmental and safety safeguards to be implemented.
(3) Except for any privileged or proprietary information (as such term is defined in regulations issued by the Secretary), the Secretary,
within ten days after receipt of a plan and state-

Page 337

§ 1356a

TITLE 43—PUBLIC LANDS

sibility as an officer or employee within a period of one year prior to the termination of
such responsibility or in which he participated
personally and substantially as an officer or
employee; or
(2) within one year after his employment
with the Department has ceased—
(A) knowingly act as agent or attorney for,
or otherwise represent, any other person (except the United States) in any formal or informal appearance before; or
(B) with the intent to influence, make any
oral or written communication on behalf of
any other person (except the United States)
to,
the Department of the Interior, or any officer
or employee thereof, in connection with any
judicial, rulemaking, regulation, order, lease,
permit, regulation, or other particular matter
which is pending before the Department of the
Interior or in which the Department has a direct and substantial interest.
(Aug. 7, 1953, ch. 345, § 29, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 668.)
REFERENCES IN TEXT
The Executive Schedule, referred to in text, is set out
in section 5311 et seq. of Title 5, Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 1356. Documentary, registry and manning requirements
(a) Regulations
Within six months after September 18, 1978,
the Secretary of the Department in which the
Coast Guard is operating shall issue regulations
which require that any vessel, rig, platform, or
other vehicle or structure—
(1) which is used at any time after the oneyear period beginning on the effective date of
such regulations for activities pursuant to this
subchapter and which is built or rebuilt at any
time after such one-year period, when required
to be documented by the laws of the United
States, be documented under the laws of the
United States;
(2) which is used for activities pursuant to
this subchapter, comply, except as provided in
subsection (b) of this section, with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the Department in which the Coast
Guard is operating establishes; and
(3) which is used at any time after the oneyear period beginning on the effective date of
such regulations for activities pursuant to this
subchapter, be manned or crewed, except as
provided in subsection (c) of this section, by
citizens of the United States or aliens lawfully
admitted to the United States for permanent
residence.

(b) Exceptions from design, construction, alteration, and repair requirements
The regulations issued under subsection (a)(2)
of this section shall not apply to any vessel, rig,
platform, or other vehicle or structure built
prior to September 18, 1978, until such time after
such date as such vehicle or structure is rebuilt.
(c) Exceptions from manning requirements
The regulations issued under subsection (a)(3)
of this section shall not apply—
(1) to any vessel, rig, platform, or other vehicle or structure if—
(A) specific contractual provisions or national registry manning requirements in effect on September 18, 1978, provide to the
contrary;
(B) there are not a sufficient number of
citizens of the United States, or aliens lawfully admitted to the United States for permanent residence, qualified and available for
such work; or
(C) the President makes a specific finding,
with respect to the particular vessel, rig,
platform, or other vehicle or structure, that
application would not be consistent with the
national interest; and
(2) to any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is
owned by citizens of a foreign nation or with
respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the
President determines that the government of
such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning
requirement for equipment engaged in the exploration, development, or production of oil
and gas in its offshore areas.
(Aug. 7, 1953, ch. 345, § 30, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 669.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1356a. Coastal impact assistance program
(a) Definitions
In this section:
(1) Coastal political subdivision
The term ‘‘coastal political subdivision’’
means a political subdivision of a coastal
State any part of which political subdivision
is—
(A) within the coastal zone (as defined in
section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453)) of the coastal
State as of August 8, 2005; and
(B) not more than 200 nautical miles from
the geographic center of any leased tract.
(2) Coastal population
The term ‘‘coastal population’’ means the
population, as determined by the most recent

§ 2103

TITLE 46—SHIPPING

Section 2102 contains a number of definitions that are
limited to recreational vessels in Chapter 43 of Part B
and the numbering of these vessels in Chapter 123 of
Part H.
AMENDMENTS
2006—Pub. L. 109–304 redesignated subsec. (b) as entire
section, substituted ‘‘west’’ for ‘‘West’’ and ‘‘east’’ for
‘‘East’’, and struck out subsec. (a) which defined ‘‘eligible State’’, ‘‘State’’, ‘‘United States’’, and ‘‘State recreational boating safety program’’ in chapters 37, 43, 51,
and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as
subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37
and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out
‘‘and facilities improvement’’ after ‘‘recreational boating safety’’.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated
par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4)
which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par.
(5) as (3).

Page 26

§ 2104. Delegation
(a) The Secretary may delegate the duties and
powers conferred by this subtitle to any officer,
employee, or member of the Coast Guard, and
may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or
employee of the Customs Service to act in place
of a Coast Guard official, the Secretary may designate that officer or employee subject to the
approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2104 ..............................................

Source section (U.S. Code)
46:65v(1)
46:382b
46:416
46:543
46:689

Section 2104 provides the Secretary with authority to
delegate duties and powers to others. It also contains
the authority to designate an officer or employee of the
United States Customs Service to act in the place of a
Coast Guard official.

EFFECTIVE DATE OF 1984 AMENDMENT

TRANSFER OF FUNCTIONS

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 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, § 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’’.

§ 2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all
laws related to marine safety, and shall require
that a report be made to the Secretary annually
about those matters that may require improvement or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2105 ..............................................

Source section (U.S. Code)
46:4

Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.

§ 2106. Liability in rem
When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)

Page 47

TITLE 46—SHIPPING

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.
AMENDMENTS
2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins.
2004—Subsec. (a). Pub. L. 108–293, § 416(b), designated
existing provisions as par. (1), redesignated former
pars. (1) to (6) as subpars. (A) to (F), respectively, of
par. (1), and added par. (2).
Subsec. (a)(4) to (6). Pub. L. 108–293, § 416(a), added
par. (4) and redesignated former pars. (4) and (5) as (5)
and (6), respectively.
2002—Subsec. (c). Pub. L. 107–217 substituted ‘‘section
558 of title 40’’ for ‘‘section 13 of the Coast Guard Authorization Act of 1986’’.
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.

§ 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;

§ 3306

(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 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 51102 of this
title), 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

§ 3306

TITLE 46—SHIPPING

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.
(j) The Secretary may establish by regulation
a safety management system appropriate for the
characteristics, methods of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is
constructed under a contract entered into after
the date of enactment of the Maritime Safety
Act of 2010, or that is delivered after January 1,
2011, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the
requirements of Regulation 12A under Annex I
to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled ‘‘Oil Fuel Tank
Protection’’.
(2) The Secretary may prescribe regulations to
apply the requirements described in Regulation
12A to vessels described in paragraph (1) that are
not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the purposes of section 553 of
title 5.
(3) In this subsection the term ‘‘oil fuel’’
means any oil used as fuel in connection with
the propulsion and auxiliary machinery of the
vessel in which such oil is carried.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L.
98–364, title IV, § 402(5), July 17, 1984, 98 Stat. 446;
Pub. L. 103–206, title V, § 512(a), Dec. 20, 1993, 107
Stat. 2442; Pub. L. 104–324, title VI, § 604(a), (c),
title VII, § 712, Oct. 19, 1996, 110 Stat. 3930, 3931,
3936; Pub. L. 108–293, title IV, § 415(b), Aug. 9,
2004, 118 Stat. 1047; Pub. L. 109–304, § 15(12), Oct.
6, 2006, 120 Stat. 1703; Pub. L. 111–281, title VI,
§ 612, Oct. 15, 2010, 124 Stat. 2970.)
HISTORICAL AND REVISION NOTES
Revised section
3306 ..............................................

Source section (U.S. Code)
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
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 lim-

Page 48

ited 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.
REFERENCES IN TEXT
The date of enactment of the Maritime Safety Act of
2010, referred to in subsec. (k)(1), is the date of enactment of title VI of Pub. L. 111–281, which was approved
Oct. 15, 2010.
AMENDMENTS
2010—Subsec. (k). Pub. L. 111–281 added subsec. (k).
2006—Subsec. (d). Pub. L. 109–304 substituted ‘‘section
51102 of this title’’ for ‘‘section 1302(3) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295a(3))’’.
2004—Subsec. (j). Pub. L. 108–293 added subsec. (j).
1996—Subsec. (a)(4). Pub. L. 104–324, § 604(c), substituted ‘‘paragraphs (1), (2), and (3)’’ for ‘‘clauses
(1)–(3)’’.
Subsec. (b). Pub. L. 104–324, § 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, § 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, § 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
Pub. L. 103–206, title V, § 512(b), (c), Dec. 20, 1993, 107
Stat. 2442, 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.’’
TOWING VESSELS
Pub. L. 111–281, title VII, § 701(c), Oct. 15, 2010, 124
Stat. 2980, provided that: ‘‘No later than 90 days after
the date of enactment of this Act [Oct. 15, 2010], the
Secretary shall issue a notice of proposed rulemaking
regarding inspection requirements for towing vessels
required under section 3306(j) of title 46, United States
Code. The Secretary shall issue a final rule pursuant to
that rulemaking no later than 1 year after the date of
enactment of this Act.’’
[‘‘Secretary’’ as used in section 701(c) of Pub. L.
111–281, set out above, probably means the Secretary of
the department in which the Coast Guard is operating,
see section 701(a)(1) of Pub. L. 111–281, set out as a note
under section 1321 of Title 33, Navigation and Navigable
Waters.]
FOREIGN APPROVALS
Pub. L. 104–324, title VI, § 604(b), Oct. 19, 1996, 110 Stat.
3931, provided that: ‘‘The Secretary of Transportation,
in consultation with other interested Federal agencies,

Page 49

§ 3309

TITLE 46—SHIPPING

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.’’
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.

§ 3307. Frequency of inspection
Each vessel subject to inspection under this
part shall undergo an initial inspection for certification before being put into service. After
being put into service—
(1) each passenger vessel, nautical school
vessel, and small passenger vessel allowed to
carry more than 12 passengers on a foreign
voyage shall be inspected at least once a year;
and
(2) any other vessel shall be inspected at
least once every 5 years.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L.
104–324, title VI, § 605(a), Oct. 19, 1996, 110 Stat.
3931.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3307(1) ..........................................
3307(2) ..........................................
3307(3) ..........................................

46:391(c)
46:1295f(c)
46:390a(a)
46:404–1(6)(i)
46:391(b)
46:392(b)
46:404–1(6)(ii)

Section 3307 requires each vessel subject to inspection
to undergo an initial inspection prior to being placed in
service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted
that a freight vessel of less than 100 gross tons shall be
inspected at 3 year intervals while the larger freight
vessel has a 2 year inspection period. This is being done
to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this
does not prevent periodic inspections or examinations
at intervening periods.
AMENDMENTS
1996—Par. (1). Pub. L. 104–324, § 605(a)(1), substituted
‘‘, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign
voyage’’ for ‘‘and nautical school vessel’’ and inserted
‘‘and’’ at end.
Pars. (2), (3). Pub. L. 104–324, § 605(a)(2), (3), redesignated par. (3) as (2), substituted ‘‘5 years’’ for ‘‘2 years’’,
and struck out former par. (2) which read as follows:
‘‘each small passenger vessel, freight vessel or offshore
supply vessel of less than 100 gross tons, and sailing
school vessel shall be inspected at least once every 3
years; and’’.

§ 3308. Examinations
In addition to inspections required by section
3307 of this title, the Secretary shall examine or
have examined—
(1) each vessel subject to inspection at proper times to ensure compliance with law and
regulations; and
(2) crewmember accommodations on each
vessel subject to inspection at least once a

month or when the vessel enters United States
ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and
sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good
working condition.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L.
104–324, title VI, § 603(c), Oct. 19, 1996, 110 Stat.
3930.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3308 ..............................................

46:435
46:660a
46:660b

Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary
condition and that all appliances are in good working
order.
AMENDMENTS
1996—Pub. L. 104–324 inserted ‘‘or have examined’’
after ‘‘examine’’ in introductory provisions.

§ 3309. Certificate of inspection
(a) When an inspection under section 3307 of
this title has been made and a vessel has been
found to be in compliance with the requirements
of law and regulations, a certificate of inspection, in a form prescribed by the Secretary,
shall be issued to the vessel.
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a)
of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner,
charterer, managing operator, agent, master, or
individual in charge of the vessel shall submit to
the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an
inspection.
(d) A certificate of inspection issued under
this section shall be signed by the senior Coast
Guard member or civilian employee who inspected the vessel, in addition to the officer in
charge of marine inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L.
98–498, title II, § 211(a), Oct. 19, 1984, 98 Stat. 2303;
Pub. L. 104–324, title VI, § 606, Oct. 19, 1996, 110
Stat. 3931; Pub. L. 111–281, title V, § 522(c), Oct.
15, 2010, 124 Stat. 2957.)
HISTORICAL AND REVISION NOTES
Revised section
3309 ..............................................

Source section (U.S. Code)
46:390c
46:391a(8)
46:395(d)
46:399

Section 3309 provides for the issuance of a certificate
of inspection that attests to the fact that the vessel has

Page 63

TITLE 46—SHIPPING

(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, § 402(6), July 17, 1984, 98 Stat. 446;
Pub. L. 104–324, title VII, § 714, title XI, § 1104(b),
Oct. 19, 1996, 110 Stat. 3936, 3966; Pub. L. 111–281,
title VI, § 617(a)(2), Oct. 15, 2010, 124 Stat. 2973.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3702 ..............................................

46:391a

Section 3702, with certain exceptions, makes this
chapter applicable to any tank vessel operating in the
navigable waters of the United States or transferring
oil or hazardous materials in any port or place subject
to the jurisdiction of the United States, and which carries oil or any hazardous materials in bulk as cargo or
in residue, regardless of tonnage, size or manner of propulsion; whether it is self-propelled or not; whether it
is carrying freight or passengers for hire or not; and
whether it is a vessel of the United States or a foreign
vessel.
It exempts certain small vessels documented in the
service of oil exploitation, certain small tender and
fishing vessels used in the Northwest salmon or crab
fisheries, certain vessels used in the processing and assembling of fishery products used in the Northwest
fisheries, public vessels, and foreign vessels engaged on
innocent passage on the navigable waters of the United
States. However, processing vessels, while not treated
as tank vessels, are still subject to regulation when
carrying flammable or combustible liquid cargo in
bulk.
AMENDMENTS
2010—Subsec. (b)(1) to (3). Pub. L. 111–281 redesignated
pars. (2) and (3) as (1) and (2), respectively, and struck
out former par. (1), which read as follows: ‘‘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;’’.

§ 3703

1996—Subsec. (b)(1). Pub. L. 104–324, § 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, § 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, § 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, § 1104(b), added subsec. (f).
1984—Subsec. (c). Pub. L. 98–364, § 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, § 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’’.

§ 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.

§ 3703

TITLE 46—SHIPPING

(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.)
HISTORICAL AND REVISION NOTES
Revised section
3703 ..............................................

Source section (U.S. Code)
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.
OIL FUEL TANK PROTECTION
Pub. L. 111–281, title VI, § 617(e), Oct. 15, 2010, 124 Stat.
2973, provided that:
‘‘(1) APPLICATION.—An offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of
title 46, United States Code, that is constructed under
a contract entered into after the date of enactment of
this Act [Oct. 15, 2010], or that is delivered after August
1, 2010, with an aggregate capacity of 600 cubic meters
or more of oil fuel, shall comply with the requirements
of Regulation 12A under Annex I to the Protocol of 1978
relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled Oil Fuel
Tank Protection, regardless of whether such vessel is
engaged in the coastwise trade or on an international
voyage.
‘‘(2) DEFINITION.—In this subsection the term ‘oil fuel’
means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which
such oil is carried.’’
REGULATIONS FOR OFFSHORE SUPPLY VESSELS OF AT
LEAST 6,000 GROSS TONS
Pub. L. 111–281, title VI, § 617(f), Oct. 15, 2010, 124 Stat.
2974, as amended by Pub. L. 111–330, § 1(8), Dec. 22, 2010,
124 Stat. 3569, provided that:
‘‘(1) IN GENERAL.—Not later than January 1, 2012, the
Secretary of the department in which the Coast Guard
is operating shall promulgate regulations to implement
the amendments and authorities enacted by this section [amending sections 2101, 3702, 7312, and 8104 of this
title, enacting provisions set out as a note under this
section, and amending provisions set out as a note
under section 2101 of this title] for offshore supply ves-

Page 64

sels of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, and to ensure
the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels. The
final rule issued pursuant to such rulemaking may supersede the interim final rule promulgated under paragraph (2) of this subsection. In promulgating regulations under this subsection, the Secretary shall take
into consideration the characteristics of offshore supply vessels, their methods of operation, and their service in support of exploration, exploitation, or production of offshore mineral or energy resources.
‘‘(2) INTERIM FINAL RULE AUTHORITY.—As soon as is
practicable and without regard to the provisions of
chapters 5 and 6 of title 5, United States Code, the Secretary shall issue an interim final rule as a temporary
regulation implementing this section (including the
amendments made by this section) for offshore supply
vessels of at least 6,000 gross tons as measured under
section 14302 of title 46, United States Code, and to ensure the safe carriage of oil, hazardous substances, and
individuals in addition to the crew on such vessels.
‘‘(3) INTERIM PERIOD.—After the effective date of this
Act [Oct. 15, 2010], prior to the effective date of the regulations prescribed by paragraph (2) of this subsection,
and without regard to the provisions of chapters 5 and
6 of title 5, United States Code, and the offshore supply
vessel tonnage limits of applicable regulations and policy guidance promulgated prior to the date of enactment of this Act [Oct. 15, 2010], the Secretary of the department in which the Coast Guard is operating may—
‘‘(A) issue a certificate of inspection under section
3309 of title 46, United States Code, to an offshore
supply vessel of at least 6,000 gross tons as measured
under section 14302 of that title if the Secretary determines that such vessel’s arrangements and equipment meet the current Coast Guard requirements for
certification as a cargo and miscellaneous vessel;
‘‘(B) authorize a master, mate, or engineer who possesses an ocean or near coastal license and endorsement under part 11 of subchapter B of title 46, Code
of Federal Regulations, (or any successor regulation)
that qualifies the licensed officer for service on offshore supply vessels of at least 3,000 gross tons but
less than 6,000 gross tons, as measured under section
14302 of title 46, United States Code, to operate offshore supply vessels of at least 6,000 gross tons, as
measured under such section; and
‘‘(C) authorize any such master, mate, or engineer
who also possesses an ocean or near coastal license
and endorsement under such part that qualifies the
licensed officer for service on non trade-restricted
vessels of at least 1,600 gross tons but less than 3,000
gross tons, as measured under such section, to increase the tonnage limitation of such license and endorsement under section 11.402(c) of such part, using
service on vessels certificated under both subchapters
I and L of such title and measured only under such
section, except that such tonnage limitation shall
not exceed 10,000 gross tons as measured under such
section.’’
OIL TRANSFERS FROM VESSELS
Pub. L. 111–281, title VII, § 702, Oct. 15, 2010, 124 Stat.
2980, as amended by Pub. L. 111–330, § 1(10), Dec. 22, 2010,
124 Stat. 3570, provided that:
‘‘(a) REGULATIONS.—Within 1 year after the date of
enactment of this Act [Oct. 15, 2010], the Secretary of
the department in which the Coast Guard is operating
shall promulgate regulations to reduce the risks of oil
spills in operations involving the transfer of oil from or
to a tank vessel. The regulations—
‘‘(1) shall focus on operations that have the highest
risks of discharge, including operations at night and
in inclement weather;
‘‘(2) shall consider—
‘‘(A) requirements for the use of equipment, such
as putting booms in place for transfers, safety, and
environmental impacts;
‘‘(B) operational procedures such as manning
standards, communications protocols, and restrictions on operations in high-risk areas; or

Page 65

TITLE 46—SHIPPING

‘‘(C) both such requirements and operational procedures; and
‘‘(3) shall take into account the safety of personnel
and effectiveness of available procedures and equipment for preventing or mitigating transfer spills.
‘‘(b) APPLICATION WITH STATE LAWS.—The regulations
promulgated under subsection (a) do not preclude the
enforcement of any State law or regulation the requirements of which are at least as stringent as requirements under the regulations (as determined by the Secretary) that—
‘‘(1) applies in State waters; and
‘‘(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures under the regulations.’’
IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR
MISS INCIDENTS
Pub. L. 111–281, title VII, § 703, Oct. 15, 2010, 124 Stat.
2981, as amended by Pub. L. 111–330, § 1(11), Dec. 22, 2010,
124 Stat. 3570, provided that:
‘‘(a) REPORT.—Within 1 year after the date of enactment of this Act [Oct. 15, 2010], the Secretary of the department in which the Coast Guard is operating shall
transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure that,
using available data—
‘‘(1) identifies the types of human errors that, combined, could cause oil spills, with particular attention
to human error caused by fatigue, in the past 10
years;
‘‘(2) in consultation with representatives of industry and labor and experts in the fields of marine casualties and human factors, identifies the most frequent types of near-miss oil spill incidents involving
vessels such as collisions, allisions, groundings, and
loss of propulsion in the past 10 years;
‘‘(3) describes the extent to which there are gaps in
the data required under paragraphs (1) and (2), including gaps in the ability to define and identify fatigue,
and explains the reason for those gaps; and
‘‘(4) includes recommendations by the Secretary
and representatives of industry and labor and experts
in the fields of marine casualties and human factors
to address the identified types of errors and any such
gaps in the data.
‘‘(b) MEASURES.—Based on the findings contained in
the report required by subsection (a), the Secretary
shall take appropriate action to reduce the risk of oil
spills caused by human error.
‘‘(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED INFORMATION.—The identity of a person making a voluntary disclosure under this section, and any information obtained from any such voluntary disclosure, shall
be treated as confidential.
‘‘(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMATION.—
‘‘(1) IN GENERAL.—Except as provided in this subsection, a party in a judicial proceeding may not use
discovery to obtain information or data collected or
received by the Secretary for use in the report required in subsection (a).
‘‘(2) EXCEPTION.—
‘‘(A) Notwithstanding paragraph (1), a court may
allow discovery by a party in a judicial proceeding
of data described in paragraph (1) if, after an in
camera review of the information or data, the court
decides that there is a compelling reason to allow
the discovery.
‘‘(B) When a court allows discovery in a judicial
proceeding as permitted under this paragraph, the
court shall issue a protective order—
‘‘(i) to limit the use of the data to the judicial
proceeding; and
‘‘(ii) to prohibit dissemination of the data to
any person who does not need access to the data
for the proceeding.
‘‘(C) A court may allow data it has decided is discoverable under this paragraph to be admitted into

§ 3703

evidence in a judicial proceeding only if the court
places the data under seal to prevent the use of the
data for a purpose other than for the proceeding.
‘‘(3) APPLICATION.—Paragraph (1) shall not apply
to—
‘‘(A) any disclosure made with actual knowledge
that the disclosure was false, inaccurate, or misleading; or
‘‘(B) any disclosure made with reckless disregard
as to the truth or falsity of that disclosure.
‘‘(e) RESTRICTION ON USE OF DATA.—Data that is voluntarily submitted for the purpose of the study required under subsection (a) shall not be used in an administrative action under chapter 77 of title 46, United
States Code.’’
[Pub. L. 111–330, § 1(11), Dec. 22, 2010, 124 Stat. 3570,
which directed amendment of section 703(a) of Pub. L.
111–281, set out above, by inserting ‘‘of the department
in which the Coast Guard is operating’’ after ‘‘Secretary’’, was executed by making the insertion after
‘‘Secretary’’ the first place appearing, to reflect the
probable intent of Congress.]
PRESERVATION OF STATE AUTHORITY
Pub. L. 111–281, title VII, § 711(c), Oct. 15, 2010, 124
Stat. 2987, provided that: ‘‘Nothing in this Act [see
Tables for classification] or in any other provision of
Federal law related to the regulation of maritime
transportation of oil shall affect, or be construed or interpreted as preempting, the authority of any State or
political subdivision thereof which require the escort
by one or more tugs of laden oil tankers in the areas
which are specified in section 4116(c) of the Oil Pollution Act of 1990 [Pub. L. 101–380] (46 U.S.C. 3703 note).’’
STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL
RISK
Pub. L. 104–324, title IX, § 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

§ 3703

TITLE 46—SHIPPING

from a vessel or facility that cannot be technologically or economically addressed by existing or anticipated cleanup efforts, the Secretary may initiate
a rulemaking to take such action as is necessary to
abate the threat.
‘‘(b) STUDY OF AUTOMATIC FUELING SHUTOFF EQUIPMENT.—
‘‘(1) COORDINATION OF STUDY.—The Secretary of
Transportation shall coordinate with the Marine
Board of the National Research Council to conduct a
study of the unintentional or accidental discharge of
fuel oil during lightering or fuel loading or off-loading activity.
‘‘(2) MATTERS TO BE INCLUDED.—The study under
this subsection shall include a review and analysis of
current monitoring and fueling practices to determine the need for automatic fuel shutoff equipment
to prevent the accidental discharge of fuel oil, and
whether such equipment is needed as a supplement to
or replacement of existing preventive equipment or
procedures.
‘‘(3) REPORT.—Not later than 18 months after the
date of enactment of this Act [Oct. 19, 1996], the Secretary of Transportation shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the results of the study under this subsection.
‘‘(4) RULEMAKING.—If the Secretary of Transportation determines, based on the results of the study
conducted under this subsection, that the use of automatic oil shutoff equipment is necessary to prevent
the actual or threatened discharge of oil during
lightering or fuel loading or off[-]loading activity,
the Secretary may initiate a rulemaking to take such
action as is necessary to abate a threat to public
health or the environment.
‘‘(c) LIGHTERING STUDY.—The Secretary of Transportation shall coordinate with the Marine Board of the
National Research Council on a study into the actual
incidence and risk of oil spills from lightering operations off the coast of the United States. Among other
things, the study shall address the manner in which existing regulations are serving to reduce oil spill risks.
The study shall take into account current or proposed
international rules and standards and also include recommendations on measures that would be likely to further reduce the risks of oil spills from lightering operations. Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Secretary shall
submit a report on the study to the Committee on
Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives.’’
EXISTING TANK VESSEL RESEARCH
Pub. L. 104–324, title XI, § 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

Page 66

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, § 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, § 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, § 4110, Aug. 18, 1990, 104 Stat.
515, as amended by Pub. L. 108–293, title VII, § 702(a),
Aug. 9, 2004, 118 Stat. 1068, provided that:
‘‘(a) STANDARDS.—The Secretary may 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.—No sooner than 1 year after the Secretary
prescribes regulations under subsection (a), the Secretary may 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
any 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

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TITLE 46—SHIPPING

the navigable waters and the waters of the exclusive
economic zone.’’
TANKER NAVIGATION SAFETY STANDARDS STUDY
Pub. L. 101–380, title IV, § 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 AUTOPILOT OR WITH UNATTENDED ENGINE ROOM
Pub. L. 101–380, title IV, § 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, § 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, as amended by Pub. L. 111–281, title VII,
§ 711(b)(1), Oct. 15, 2010, 124 Stat. 2987, provided that:
‘‘(c) ESCORTS FOR CERTAIN TANKERS.—
‘‘(1) IN GENERAL.—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.
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.—
‘‘(A) IN GENERAL.—The requirement in paragraph
(1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph
being escorted by at least 2 towing vessels or other
vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United
States Code, as set forth in part 168 of title 33, Code
of Federal Regulations (as in effect on March 1,
2009) implementing this subsection with respect to
those tankers) shall apply to double hulled tankers
over 5,000 gross tons transporting oil in bulk in
Prince William Sound, Alaska.
‘‘(B) IMPLEMENTATION OF REQUIREMENTS.—The
Secretary of the department in which the Coast
Guard is operating shall prescribe interim final regulations to carry out subparagraph (A) as soon as
practicable without notice and hearing pursuant to
section 553 of title 5 of the United States Code.’’
‘‘(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.’’
[Pub. L. 111–281, title VII, § 711(b)(2), Oct. 15, 2010, 124
Stat. 2987, provided that: ‘‘The amendments made by
subsection (b) [amending section 4116(c) of Pub. L.
101–380, set out above] take effect on the date that is 90
days after the date of enactment of this Act [Oct. 15,
2010].’’]

§ 3703a. Tank vessel construction standards
(a) Except as otherwise provided in this section, a vessel to which this chapter applies shall
be equipped with a double hull—

§ 3703a

(1) if it is constructed or adapted to carry, or
carries, oil in bulk as cargo or cargo residue;
and
(2) when operating on the waters subject to
the jurisdiction of the United States, including the Exclusive Economic Zone.
(b) This section does not apply to—
(1) a vessel used only to respond to a discharge of oil or a hazardous substance;
(2) a vessel of less than 5,000 gross tons as
measured under section 14502 of this title, or
an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under section 14104 of this title
equipped with a double containment system
determined by the Secretary to be as effective
as a double hull for the prevention of a discharge of oil;
(3) before January 1, 2015—
(A) a vessel unloading oil in bulk at a
deepwater port licensed under the Deepwater
Port Act of 1974 (33 U.S.C. 1501 et seq.); or
(B) a delivering vessel that is offloading in
lightering activities—
(i) within a lightering zone established
under section 3715(b)(5) of this title; and
(ii) more than 60 miles from the baseline
from which the territorial sea of the
United States is measured;
(4) a vessel documented under chapter 121 of
this title that was equipped with a double hull
before August 12, 1992;
(5) a barge of less than 1,500 gross tons (as
measured under chapter 145 of this title) carrying refined petroleum product in bulk as
cargo in or adjacent to waters of the Bering
Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto and in the waters of the
Aleutian Islands and the Alaskan Peninsula
west of 155 degrees west longitude; or
(6) a vessel in the National Defense Reserve
Fleet pursuant to section 11 of the Merchant
Ship Sales Act of 1946 (50 App. U.S.C. 1744).
(c)(1) In this subsection, the age of a vessel is
determined from the later of the date on which
the vessel—
(A) is delivered after original construction;
(B) is delivered after completion of a major
conversion; or
(C) had its appraised salvage value determined by the Coast Guard and is qualified for
documentation as a wrecked vessel under section 12112 of this title.
(2) A vessel of less than 5,000 gross tons as
measured under section 14502 of this title, or an
alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under
section 14104 of this title for which a building
contract or contract for major conversion was
placed before June 30, 1990, and that is delivered
under that contract before January 1, 1994, and
a vessel of less than 5,000 gross tons as measured
under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this title that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation as a wrecked vessel under section