1625-0032 Stat/Authority

Page 73

§ 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.

§ 3715

TITLE 46—SHIPPING

(c) Each vessel to which this chapter applies
that operates in the United States shall have a
person designated as authorized to accept service of legal process for the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 526; Pub. L.
99–307, § 1(8), May 19, 1986, 100 Stat. 445.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3714 ..............................................

46:391a(15)

Section 3714(a) requires the Secretary to establish a
program for the inspection of tank vessels, foreign or
domestic, at least once each year. The Committee contemplates that United States vessels will be issued a 2
year certificate of inspection with a mid-period examination. The Committee also contemplates that foreign-flag vessels will continue to be tracked and
boarded at least once a year or when they first arrive
in the United States. The Secretary may examine the
foreign-flag tank vessel but may accept, as a basis for
the issuance of a certificate of compliance, in whole or
in part a foreign-issued certificate.
Each vessel over 10 years of age must undergo a special and detailed inspection of structural strength and
hull integrity, as specified by the Secretary. An inspection or examination may be conducted by any officer
authorized by the Secretary. The Committee expects
that, whenever possible, a qualified marine inspector
will be used wherever the vessel undergoes these 10year inspections. The Secretary may also contract for
inspections or examinations in the United States and
in foreign countries.
The primary reason for including a provision that
permits the contracting for the conduct of inspections
and examinations is to provide flexibility in foreign
areas where Coast Guard marine inspectors are not normally available.
A contract inspector may be authorized to act on behalf of the Secretary, but may not issue a certificate of
inspection or compliance. The inspector may, however,
issue a temporary certificate.
The Committee understands that the 10-year inspections of United States-flag and foreign-flag vessels may
occur at the time the vessel is scheduled for shipyard
availability to complete the periodic classification society survey.
The Secretary is also authorized and directed to prescribe by regulation reasonable fees for certain inspections or examinations conducted pursuant to this section based on the cost incurred. The owner of any vessel inspected or examined by the Secretary or his designee shall be liable for the fee. Amounts received as
fees under this section are to be deposited in the Treasury.
Section 3714(b) requires each vessel subject to this
chapter to have on board those documents the Secretary declares are necessary for inspection or enforcement, including, but not limited to documents indicating the kind, grade, and approximate quantities of any
cargo on board; the shipper and consignee of the cargo;
the points of origin and destination of the vessel; and
the name of an agent in the United States authorized
to accept legal process.
Section 3714(c) requires each vessel subject to this
chapter to have a person authorized to accept service of
legal process for the vessel.
AMENDMENTS
1986—Subsec. (a)(4). Pub. L. 99–307 substituted ‘‘charterer’’ for ‘‘charter’’.

§ 3715. Lightering
(a) A vessel may transfer oil or hazardous material in a port or place subject to the jurisdiction of the United States, when the cargo has

Page 74

been transferred from another vessel on the navigable waters of the United States or in the marine environment, only if—
(1) the transfer was conducted consistent
with regulations prescribed by the Secretary;
(2) both the delivering and receiving vessels
had on board, at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under section 3710 or 3711 of this title, had the transfer
taken place in a port or place subject to the
jurisdiction of the United States; and 1
(3) the delivering and the receiving vessel
had on board at the time of transfer, a certificate of financial responsibility as would have
been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place
in a place subject to the jurisdiction of the
United States;
(4) the delivering and the receiving vessel
had on board at the time of transfer, evidence
that each vessel is operating in compliance
with section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)); and
(5) the delivering and the receiving vessel
are operating in compliance with section 3703a
of this title.
(b) The Secretary shall prescribe regulations
to carry out subsection (a) of this section. The
regulations shall include provisions on—
(1) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other
similar factors;
(2) the prevention of spills;
(3) equipment for responding to a spill;
(4) the prevention of any unreasonable interference with navigation or other reasonable
uses of the high seas, as those uses are defined
by treaty, convention, or customary international law;
(5) the establishment of lightering zones;
and
(6) requirements for communication and prearrival messages.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 526; Pub. L.
101–380, title IV, § 4115(d), Aug. 18, 1990, 104 Stat.
520.)
HISTORICAL AND REVISION NOTES
Revised section
3715 ..............................................

Source section (U.S. Code)
46:391a(17)

Section 3715 requires the Secretary to control lightering operations; that is, the transferring of cargoes at
sea from large deep-draft vessels to shallow-draft vessels for subsequent transfer to shoreside terminals due
to the inability of the larger tank vessels to enter shallow ports. It prohibits a tank vessel from unloading
any cargo of oil or hazardous material at any port or
terminal under the jurisdiction of the United States,
unless the cargo has been transferred in accordance
with lightering regulations. It also prohibits the shoreside transfer unless both the delivering and receiving
vessels involved in the prior lightering had on board at
the time of the offshore transfer, the certificates that
would have been required had the transfer taken place
in a port or place subject to the jurisdiction of the
United States.
1 So

in original. The word ‘‘and’’ probably should not appear.