StatA

§ 3708

TITLE 46—SHIPPING

steering gear compartment, and a means of communication and rudder angle indicators at specified locations.

Page 72

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524.)
HISTORICAL AND REVISION NOTES

AMENDMENTS

Revised section

1996—Subsec. (a). Pub. L. 104–324, § 716(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 ‘‘10,000 gross tons’’ in introductory provisions.
Subsec. (b). Pub. L. 104–324, § 716(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 ‘‘10,000 gross tons’’.

3709 ..............................................

§ 3708. Self-propelled
standards

tank

vessel

minimum

A self-propelled tank vessel of at least 10,000
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
shall be equipped with—
(1) a dual radar system with short-range and
long-range capabilities, each with true-north
features;
(2) an electronic relative motion analyzer
that is at least functionally equivalent to
equipment complying with specifications established by the Secretary of Transportation;
(3) an electronic position-fixing device;
(4) adequate communications equipment;
(5) a sonic depth finder;
(6) a gyrocompass; and
(7) up-to-date charts.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L.
104–324, title VII, § 717, Oct. 19, 1996, 110 Stat.
3937.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3708 ..............................................

46:391a(7)(J)

Section 3708 requires compliance with certain minimum standards by a self-propelled tank vessel. These
requirements apply to any tank vessel of 10,000 gross
tons or above with no distinction being made as to
whether or not the vessel is ‘‘primarily’’ constructed or
adapted to carry oil or hazardous material in bulk in
the cargo spaces. These vessels are required to be
equipped with a dual radar system, a computerized relative motion analyzer, an electronic position fixing device, adequate communications equipment, a sonic
depth finder, a gyrocompass, and up-to-date charts.
AMENDMENTS
1996—Pub. L. 104–324 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
‘‘10,000 gross tons’’.

§ 3709. Exemptions
The Secretary may exempt a vessel from the
minimum requirements established by sections
3704–3706 of this title for segregated ballast,
crude oil washing, and dedicated clean ballast if
the Secretary decides that shore-based reception
facilities are a preferred method of handling ballast and that adequate facilities are readily
available.

Source section (U.S. Code)
46:391a(7)(N)

Section 3709 provides the Secretary with the authority to exempt certain minimum tanker requirements of
sections 3704, 3705, and 3706 when shorebased reception
facilities are a better way of handling ballast and when
the facilities are adequate and readily available.

§ 3710. Evidence of compliance by vessels of the
United States
(a) A vessel of the United States to which this
chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue
must have a certificate of inspection issued
under this part, endorsed to indicate that the
vessel complies with regulations prescribed
under this chapter.
(b) Each certificate endorsed under this section is valid for not more than 5 years and may
be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may
issue a temporary certificate valid for not more
than 30 days. A certificate shall be suspended or
revoked if the Secretary finds that the vessel
does not comply with the conditions under
which the certificate was issued.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L.
104–324, title VI, § 605(b), Oct. 19, 1996, 110 Stat.
3931.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3710 ..............................................

46:391a(8)(A)
46:391a(8)(E)

Section 3710 prohibits any vessels of the United
States subject to this chapter from having on board oil
or hazardous material in bulk as cargo or in residue,
unless it has a required Certificate of Inspection endorsed to indicate vessel compliance with applicable
regulations. Certificates shall be valid for a period not
to exceed two years and may be renewed as specified by
the Secretary. The Secretary may issue temporary certificates of not more than thirty days duration and
may revoke or suspend any certificate under designated circumstances.
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–324 substituted ‘‘5
years’’ for ‘‘24 months’’.

§ 3711. Evidence of compliance by foreign vessels
(a) A foreign vessel to which this chapter applies may operate on the navigable waters of the
United States, or transfer oil or hazardous material in a port or place under the jurisdiction of
the United States, only if the vessel has been issued a certificate of compliance by the Secretary. The Secretary may issue the certificate
only after the vessel has been examined and
found to be in compliance with this chapter and
regulations prescribed under this chapter. The
Secretary may accept any part of a certificate,
endorsement, or document, issued by the government of a foreign country under a treaty,
convention, or other international agreement to
which the United States is a party, as a basis for
issuing a certificate of compliance.

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§ 3714

TITLE 46—SHIPPING

(b) A certificate issued under this section is
valid for not more than 24 months and may be
renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a
temporary certificate valid for not more than 30
days.
(c) A certificate shall be suspended or revoked
if the Secretary finds that the vessel does not
comply with the conditions under which the certificate was issued.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 525.)
HISTORICAL AND REVISION NOTES

in compliance with this chapter or a regulation prescribed under this chapter;
(2) fail to comply with a lawful directive issued under this chapter; or
(3) carry a type or grade of oil or hazardous
material in bulk as cargo or cargo residue unless its certificate is endorsed to allow that
carriage.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 525.)
HISTORICAL AND REVISION NOTES
Revised section
3713 ..............................................

Revised section
3711 ..............................................

Source section (U.S. Code)
46:391a(8)(B)
46:391a(8)(C)
46:391a(8)(E)

Section 3711 prohibits any foreign vessel from operating on the navigable waters of the United States or
from transferring oil or hazardous material in any port
or place under the jurisdiction of the United States, unless it has a certificate of compliance issued by the
Secretary indicating that the vessel has been examined
and found to be in compliance with the provisions of
the applicable regulations. It also authorizes the Secretary to accept, in whole or in part, an appropriate
foreign certificate issued pursuant to any international
agreement to which the United States is a party, as a
basis for issuing the certificate of compliance. This
means that the Secretary does not have to accept foreign certificates as evidence of compliance, but may
take additional action to assure compliance with applicable domestic laws and regulations and international
treaty provisions.

§ 3712. Notification of noncompliance
The Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel found not to be in
compliance with a regulation prescribed under
this part and state how compliance may be
achieved.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 525.)
HISTORICAL AND REVISION NOTES
Revised section
3712 ..............................................

Source section (U.S. Code)
46:391a(13)

Source section (U.S. Code)
46:391a(8)(A)
46:391a(8)(B)

Section 3712 requires the Secretary to notify appropriate parties when a vessel is found not to be in compliance with applicable requirements, standards, or
regulations and what remedial steps must be taken in
order to comply with them.

§ 3713. Prohibited acts
(a) A person may not—
(1) violate this chapter or a regulation prescribed under this chapter;
(2) refuse to permit any official, authorized
by the Secretary to enforce this chapter, to
board a vessel or to enter a shore area, place,
or premises, under a person’s control to make
an inspection under this chapter; or
(3) refuse to obey a lawful directive issued
under this chapter.
(b) A vessel to which this chapter applies may
not—
(1) operate on the navigable waters of the
United States or use a port or place subject to
the jurisdiction of the United States when not

Section 3713(a) prohibits any person from violating
any provision of this chapter or a regulation prescribed
under its authority. It prohibits the refusal to permit
authorized officials to board a vessel or to enter a shore
area for the purposes of inspection of the vessel or
premises. It also prohibits the refusal to obey any lawful directive issued under this chapter.
Section 3713(b) prohibits any vessel, subject to the
provisions of this chapter from operating on the navigable waters of the United States, or from using any
port or place subject to the jurisdiction of the United
States while not in compliance with any provision of
applicable law or regulation. It further prohibits any
vessel from failing to comply with a lawful directive issued pursuant to the authority of this chapter. It also
prohibits the vessel from carrying oil or hazardous material as cargo or cargo residue unless its certificate is
so endorsed to permit its carriage.

§ 3714. Inspection and examination
(a)(1) The Secretary shall have each vessel to
which this chapter applies inspected or examined at least once each year.
(2) Each of those vessels that is more than 10
years of age shall undergo a special and detailed
inspection of structural strength and hull integrity as specified by the Secretary.
(3) The Secretary may make contracts for conducting inspections or examinations in the
United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate
of inspection or a certificate of compliance, but
the inspector may issue a temporary certificate.
(4) The Secretary shall prescribe by regulation
reasonable fees for an inspection or examination
conducted under this section outside the United
States, or which, when involving a foreign vessel, is conducted under a contract authorized by
paragraph (3) of this subsection. The owner,
charterer, or managing operator of a vessel inspected or examined by the Secretary is liable
for the fees. Amounts received as fees shall be
deposited in the Treasury.
(5) The Secretary may allow provisional entry
of a vessel to conduct an inspection or examination under this chapter.
(b) Each vessel to which this chapter applies
shall have on board those documents the Secretary considers necessary for inspection and
enforcement, including documents listing—
(1) the type, grade, and approximate quantities of cargo on board;
(2) the shipper and consignee of the cargo;
(3) the places of origin and destination of the
vessel; and
(4) the name of an agent in the United States
authorized to accept service of legal process.