StatA

§ 3701

TITLE 46—SHIPPING

CHAPTER 37—CARRIAGE OF LIQUID BULK
DANGEROUS CARGOES
Sec.

3701.
3702.
3703.
3703a.
3704.
3705.
3706.
3707.
3708.
3709.
3710.
3711.
3712.
3713.
3714.
3715.
3716.
3717.
3718.
3719.

Definitions.
Application.
Regulations.
Tank vessel construction standards.
Coastwise trade vessels.
Crude oil tanker minimum standards.
Product carrier minimum standards.
Tanker minimum standards.
Self-propelled tank vessel minimum standards.
Exemptions.
Evidence of compliance by vessels of the
United States.
Evidence of compliance by foreign vessels.
Notification of noncompliance.
Prohibited acts.
Inspection and examination.
Lightering.
Tank washings.
Marine safety information system.
Penalties.
Reduction of oil spills from single hull nonself-propelled tank vessels.
AMENDMENTS

2006—Pub. L. 109–304, § 15(14), Oct. 6, 2006, 120 Stat.
1703, inserted ‘‘single hull’’ before ‘‘non-self-propelled’’
in item 3719.
1996—Pub. L. 104–324, title IX, § 901(c), Oct. 19, 1996, 110
Stat. 3947, added item 3719.
1990—Pub. L. 101–380, title IV, § 4115(c), Aug. 18, 1990,
104 Stat. 520, added item 3703a.
HISTORICAL AND REVISION NOTES
Chapter 37 consolidates the laws that are applicable
to vessels that transport oil or hazardous material in
bulk as cargo or cargo residue.
The history of Federal authority to carry out a tank
vessel safety program begins with the enactment of the
so-called Tank Vessel Act of 1936 which, as amended, is
presently codified in section 391a of title 46, United
States Code. The 1936 Act remained essentially the
same until it was amended by the Ports and Waterways
Safety Act of 1972. The 1972 amendment contained more
specific standards for the protection of a tank vessel
and its crew and added vessel standards to improve the
quality of the marine environment. After a rash of
tank vessel accidents during the latter part of 1976 and
early 1977 within our territorial seas and in nearby
coastal waters, there was an outpouring of public attention to the need to protect United States ports and
waterways, for the safety of tank vessels, and for the
protection of the marine environment. This led to the
enactment of the Port and Tanker Safety Act of 1978,
which provided broader and more extensive regulatory
authority over areas already regulated and over many
areas not previously regulated. It provided for improvements in the supervision and control of vessels of all
types operating in the navigable waters of the United
States, and in the safety of all tank vessels, foreign or
domestic, that transport or transfer oil or hazardous
cargoes in ports or places subject to the jurisdiction of
the United States. The 1978 amendments also reflect, in
part, certain tank vessel standards and requirements
that have been accepted internationally, in particular
those developed by the International Conference on
Tanker Safety and Pollution Prevention held in London in February, 1978.

§ 3701. Definitions
In this chapter—
(1) ‘‘existing’’, when referring to a type of
vessel to which this chapter applies, means a
vessel that is not a new vessel.

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[(2) Repealed. Pub. L. 100–424, § 8(c)(2), Sept.
9, 1988, 102 Stat. 1593.]
(3) ‘‘new’’, when referring to a type of vessel
to which this chapter applies, means a vessel—
(A) for which the building contract is
placed after June 1, 1979;
(B) in the absence of a building contract,
the keel of which is laid, or which is at a
similar stage of construction, after January
1, 1980;
(C) the delivery of which is after June 1,
1982; or
(D) that has undergone a major conversion
under a contract made after June 1, 1979, or
construction work that began after January
1, 1980, or was completed after June 1, 1982.
(4) ‘‘person’’ means an individual (even if not
a citizen or national of the United States), a
corporation, partnership, association, or other
entity (even if not organized or existing under
the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one
of those governments.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L.
99–509, title V, § 5102(b)(5), Oct. 21, 1986, 100 Stat.
1927; Pub. L. 100–424, § 8(c)(2), Sept. 9, 1988, 102
Stat. 1593.)
HISTORICAL AND REVISION NOTES
Revised section
3701(1)
3701(2)
3701(3)
3701(4)
3701(5)
3701(6)

Source section (U.S. Code)

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..........................................
..........................................
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46:391a(2)(R)
46:391a(2)(P)
46:391a(2)(Q)
46:391a(2)(F)
46:391a(2)(J)
46:391a(2)(K)

Section 3701 contains definitions that are of a special
nature with limited applicability to this chapter.
AMENDMENTS
1988—Par. (2). Pub. L. 100–424 struck out par. (2) which
read as follows: ‘‘ ‘major conversion’ means a conversion of an existing vessel that substantially changes
the dimensions or carrying capacity of the vessel or
changes the type of vessel or substantially prolongs its
life or that otherwise so changes the vessel that it is
essentially a new vessel, as decided by the Secretary.’’
1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5)
defining ‘‘State’’ as including Trust Territory of the
Pacific Islands in addition to its meaning under section
2101(36) of this title, and struck out par. (6) defining
‘‘United States’’ as including the Trust Territory of the
Pacific Islands in addition to its meaning under section
2101(44) of this title.
EFFECTIVE DATE
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
Pub. L. 98–89, set out as a note under section 3101 of
this title.

§ 3702. Application
(a) Subject to subsections (b)–(e) of this section, this chapter applies to a tank vessel.
(b) This chapter does not apply to a documented vessel that would be subject to this
chapter only because of the transfer of fuel from
the fuel supply tanks of the vessel to offshore
drilling or production facilities in the oil industry if the vessel is—
(1) not a tanker; and
(2) in the service of oil exploitation.

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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.