1625-0036 Stat/Authority

§ 3508

TITLE 46—SHIPPING

senger room doors, installing security video cameras
in targeted areas, limiting access to passenger rooms
to select staff during specific times, and installing
acoustic hailing and warning devices capable of communicating over distances.’’

§ 3508. Crime scene preservation training for
passenger vessel crewmembers
(a) IN GENERAL.—The Secretary, in consultation with the Director of the Federal Bureau of
Investigation and the Maritime Administration,
shall maintain training standards and curricula
to allow for the certification of passenger vessel
security personnel, crewmembers, and law enforcement officials on the appropriate methods
for prevention, detection, evidence preservation,
and reporting of criminal activities in the international maritime environment. The Administrator of the Maritime Administration may certify organizations in the United States and
abroad that offer the curriculum for training
and certification under subsection (c).
(b) MINIMUM STANDARDS.—The standards established by the Secretary under subsection (a)
shall include—
(1) the training and certification of vessel security personnel, crewmembers, and law enforcement officials in accordance with accepted law enforcement and security guidelines,
policies, and procedures, including recommendations for incorporating a background
check process for personnel trained and certified in foreign ports;
(2) the training of students and instructors
in all aspects of prevention, detection, evidence preservation, and reporting of criminal
activities in the international maritime environment; and
(3) the provision or recognition of off-site
training and certification courses in the
United States and foreign countries to develop
and provide the required training and certification described in subsection (a) and to enhance security awareness and security practices related to the preservation of evidence in
response to crimes on board passenger vessels.
(c) CERTIFICATION REQUIREMENT.—No vessel to
which this section applies may enter a United
States port on a voyage (or voyage segment) on
which a United States citizen is a passenger unless there is at least 1 crewmember onboard who
is certified as having successfully completed
training in the prevention, detection, evidence
preservation, and reporting of criminal activities in the international maritime environment
on passenger vessels under subsection (a).
(d) CIVIL PENALTY.—Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $50,000.
(e) DENIAL OF ENTRY.—The Secretary may
deny entry into the United States to a vessel to
which this section applies if the owner of the
vessel—
(1) commits an act or omission for which a
penalty may be imposed under subsection (d);
or
(2) fails to pay a penalty imposed on the
owner under subsection (d).
(Added Pub. L. 111–207, § 3(a), July 27, 2010, 124
Stat. 2250; amended Pub. L. 115–232, div. C, title
XXXV, § 3543(b), Aug. 13, 2018, 132 Stat. 2324.)

Page 70
AMENDMENTS

2018—Subsec. (a). Pub. L. 115–232, § 3543(b)(1), substituted ‘‘The Secretary’’ for ‘‘Within 1 year after the
date of enactment of the Cruise Vessel Security and
Safety Act of 2010, the Secretary’’ and ‘‘maintain’’ for
‘‘develop’’.
Subsec. (c). Pub. L. 115–232, § 3543(b)(2), substituted
‘‘No’’ for ‘‘Beginning 2 years after the standards are established under subsection (b), no’’.
Subsec. (d). Pub. L. 115–232, § 3543(b)(3), redesignated
subsec. (e) as (d) and struck out former subsec. (d)
which related to interim training requirement.
Subsec. (e). Pub. L. 115–232, § 3543(b)(3), (4), redesignated subsec. (f) as (e) and substituted ‘‘subsection (d)’’
for ‘‘subsection (e)’’ in pars. (1) and (2). Former subsec.
(e) redesignated (d).
Subsec. (f). Pub. L. 115–232, § 3543(b)(3), redesignated
subsec. (f) as (e).
DEFINITIONS
For definition of ‘‘owner’’ as used in this section, see
section 3507(l) of this title.

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

Page 71

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.
(2) ‘‘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.
(3) ‘‘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; Pub. L. 115–232, div. C, title XXXV,
§ 3541(a)(2), Aug. 13, 2018, 132 Stat. 2323.)
HISTORICAL AND REVISION NOTES
Revised section
3701(1)
3701(2)
3701(3)
3701(4)
3701(5)
3701(6)

§ 3702

TITLE 46—SHIPPING

Source section (U.S. Code)

..........................................
..........................................
..........................................
..........................................
..........................................
..........................................

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

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.
(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.

Section 3701 contains definitions that are of a special
nature with limited applicability to this chapter.

(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.)

AMENDMENTS

HISTORICAL AND REVISION NOTES

2018—Pars. (2) to (4). Pub. L. 115–232 redesignated
pars. (3) and (4) as (2) and (3), respectively.
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

Revised section
3702 ..............................................

Source section (U.S. Code)
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 pro-

§ 3703

TITLE 46—SHIPPING

pulsion; 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;’’.
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, propul-

Page 72

sion machinery, auxiliary machinery, and
boilers;
(2) the handling or stowage of cargo, the
manner of handling or stowage of cargo, and
the machinery and appliances used in the handling or stowage;
(3) equipment and appliances for lifesaving,
fire protection, and prevention and mitigation
of damage to the marine environment;
(4) the manning of vessels and the duties,
qualifications, and training of the officers and
crew;
(5) improvements in vessel maneuvering and
stopping ability and other features that reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine
casualty occurs; and
(7) the reduction or elimination of discharges during ballasting, deballasting, tank
cleaning, cargo handling, or other such activity.
(b) In prescribing regulations under subsection
(a) of this section, the Secretary shall consider
the types and grades of cargo permitted to be on
board a tank vessel.
(c) In prescribing regulations under subsection
(a) of this section, the Secretary shall establish
procedures for consulting with, and receiving
and considering the views of—
(1) interested departments, agencies, and instrumentalities of the United States Government;
(2) officials of State and local governments;
(3) representatives of port and harbor authorities and associations;
(4) representatives of environmental groups;
and
(5) other interested parties knowledgeable or
experienced in dealing with problems involving vessel safety, port and waterways safety,
and protection of the marine environment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 522.)
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

Page 73

§ 3703

TITLE 46—SHIPPING

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 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. 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
‘‘(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 informa-

§ 3703

TITLE 46—SHIPPING

tion 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
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,

Page 74

shellfish and wildlife, public and private property,
shorelines, beaches, habitat, and other natural resources under the jurisdiction or control of the
United States, as a result of an actual or threatened discharge of group-5 fuel oil from a vessel or
facility;
‘‘(B) cleanup technologies currently available to
address actual or threatened discharge of group-5
fuel oil; and
‘‘(C) any technological and financial barriers that
prevent the prompt remediation of discharges of
group-5 fuel oil.
‘‘(4) REPORT.—Not later than 18 months after the
date of enactment of this Act [Oct. 19, 1996], the Secretary of Transportation shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of
the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the results of the study under this subsection.
‘‘(5) RULEMAKING.—If the Secretary of Transportation determines, based on the results of the study
under this subsection, that there are significant risks
to public health or the environment resulting from
the actual or threatened discharge of group-5 fuel oil
from a vessel or facility that cannot be technologically or economically addressed by existing or anticipated cleanup efforts, the Secretary may initiate
a rulemaking to take such action as is necessary to
abate the threat.
‘‘(b) STUDY OF AUTOMATIC FUELING SHUTOFF EQUIPMENT.—
‘‘(1) COORDINATION OF STUDY.—The Secretary of
Transportation shall coordinate with the Marine
Board of the National Research Council to conduct a
study of the unintentional or accidental 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.’’

Page 75

TITLE 46—SHIPPING
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
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

§ 3703

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
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,

§ 3703a

TITLE 46—SHIPPING

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—
(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) a vessel documented under chapter 121 of
this title that was equipped with a double hull
before August 12, 1992;
(4) 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
(5) a vessel in the National Defense Reserve
Fleet pursuant to section 57100.
(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

Page 76

placed before June 30, 1990, and that was 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 qualified for documentation as a wrecked vessel under section
12112 of this title before January 1, 1994, may not
operate in the navigable waters or the Exclusive
Economic Zone of the United States unless the
vessel is equipped with a double hull or 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) A vessel for which a building contract or
contract for major conversion was placed before
June 30, 1990, and that was delivered under that
contract before January 1, 1994, and a vessel
that had its appraised salvage value determined
by the Coast Guard before June 30, 1990, and that
qualified for documentation as a wrecked vessel
under section 12112 of this title before January 1,
1994, may not operate in the navigable waters or
Exclusive Economic Zone of the United States
unless equipped with a double hull—
(A) in the case of a vessel of at least 5,000
gross tons but less than 15,000 gross tons as
measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if
the vessel is 25 years old or older and has a
single hull, or is 30 years old or older and has
a double bottom or double sides;
(B) in the case of a vessel of at least 15,000
gross tons but less than 30,000 gross tons as
measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if
the vessel is 25 years old or older and has a
single hull, or is 30 years old or older and has
a double bottom or double sides; and
(C) in the case of a vessel of at least 30,000
gross tons as measured under section 14502, or
an alternate tonnage measured under section
14302 as prescribed by the Secretary under section 14104, if the vessel is 23 years old or older
and has a single hull, or is 28 years old or older
and has a double bottom or double sides.
(4) Except as provided in subsection (b) of this
section—
(A) a vessel that has a single hull may not
operate after January 1, 2010; and
(B) a vessel that has a double bottom or double sides may not operate after January 1,
2015.
(d) The operation of barges described in subsection (b)(5) outside waters described in that
subsection shall be on any conditions as the Secretary may require.
(e)(1) For the purposes of this section, the
gross tonnage of a vessel shall be the gross tonnage that would have been recognized by the
Secretary on July 1, 1997, as the tonnage measured under section 14502 of this title, or as an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under
section 14104 of this title.

Page 77

§ 3703a

TITLE 46—SHIPPING

(2) This subsection does not apply to a tank
vessel that, before July 1, 1997, had undergone,
or was the subject of a contract for, alterations
that reduce the gross tonnage of the tank vessel,
as shown by reliable evidence acceptable to the
Secretary.
(Added Pub. L. 101–380, title IV, § 4115(a), Aug. 18,
1990, 104 Stat. 517; amended Pub. L. 104–324, title
VII, § 715, title XI, § 1103, Oct. 19, 1996, 110 Stat.
3937, 3966; Pub. L. 105–85, div. C, title XXXVI,
§ 3606, Nov. 18, 1997, 111 Stat. 2077; Pub. L. 109–304,
§ 15(15), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 115–91,
div. C, title XXXV, § 3502(b)(3), Dec. 12, 2017, 131
Stat. 1910; Pub. L. 115–232, div. C, title XXXV,
§ 3544(a), Aug. 13, 2018, 132 Stat. 2324.)
AMENDMENTS
2018—Subsec. (b)(3) to (6). Pub. L. 115–232, § 3544(a)(1),
redesignated pars. (4) to (6) as (3) to (5), respectively,
and struck out former par. (3) which related to certain
vessels before January 1, 2015, unloading oil in bulk or
offloading in lightering activities.
Subsec. (c)(2). Pub. L. 115–232, § 3544(a)(2), substituted
‘‘that was delivered’’ for ‘‘that is delivered’’ and ‘‘that
qualified’’ for ‘‘that qualifies’’ and struck out ‘‘after
January 1, 2015,’’ after ‘‘the United States’’.
Subsec. (c)(3). Pub. L. 115–232, § 3544(a)(3), in introductory provisions, substituted ‘‘that was delivered’’ for
‘‘that is delivered’’ and ‘‘that qualified’’ for ‘‘that
qualifies’’.
Subsec. (c)(3)(A). Pub. L. 115–232, § 3544(a)(4), added
subpar. (A) and struck out former subpar. (A) which set
various age limits for vessels between 5,000 and 15,000
gross tons as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of
this title.
Subsec. (c)(3)(B). Pub. L. 115–232, § 3544(a)(5), added
subpar. (B) and struck out former subpar. (B) which set
various age limits for vessels between 15,000 and 30,000
gross tons as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of
this title.
Subsec. (c)(3)(C). Pub. L. 115–232, § 3544(a)(6), added
subpar. (C) and struck out former subpar. (C) which set
various age limits for vessels of at least 30,000 gross
tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this
title.
Subsec. (e)(1). Pub. L. 115–232, § 3544(a)(7)(A), stuck
out ‘‘and except as otherwise provided in paragraphs (2)
and (3) of this subsection’’ after ‘‘purposes of this section’’.
Subsec. (e)(2), (3). Pub. L. 115–232, § 3544(a)(7)(B), redesignated par. (3) as (2) and struck out former par. (2)
which related to waiver of the application of paragraph
(1) to certain tank vessels.
2017—Subsec. (b)(6). Pub. L. 115–91 substituted ‘‘section 57100’’ for ‘‘section 11 of the Merchant Ship Sales
Act of 1946 (50 App. U.S.C. 1744)’’.
2006—Subsec. (c)(1)(C), (2), (3). Pub. L. 109–304 substituted ‘‘documentation as a wrecked vessel under section 12112 of this title’’ for ‘‘documentation under section 4136 of the Revised Statutes of the United States
(46 App. U.S.C. 14)’’.
1997—Subsec. (e). Pub. L. 105–85 added subsec. (e).
1996—Subsec. (b)(2). Pub. L. 104–324, § 715(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 ‘‘5,000 gross tons’’.
Subsec. (b)(4) to (6). Pub. L. 104–324, § 1103(1), added
pars. (4) to (6).
Subsec. (c)(2). Pub. L. 104–324, § 715(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 ‘‘5,000 gross tons’’ in two places.

Subsec. (c)(3)(A). Pub. L. 104–324, § 715(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 ‘‘15,000 gross tons’’.
Subsec. (c)(3)(B). Pub. L. 104–324, § 715(4), 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 ‘‘30,000 gross tons’’.
Subsec. (c)(3)(C). Pub. L. 104–324, § 715(5), 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 ‘‘30,000 gross tons’’.
Subsec. (d). Pub. L. 104–324, § 1103(2), added subsec. (d).
EFFECTIVE DATE
Section applicable to incidents occurring after Aug.
18, 1990, see section 1020 of Pub. L. 101–380, set out as a
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.
TANK VESSELS OVER 5,000 GROSS TONS TO COMPLY
UNTIL JANUARY 1, 2015, WITH ENVIRONMENTALLY
PROTECTIVE STRUCTURAL AND OPERATIONAL REQUIREMENTS

Pub. L. 101–380, title IV, § 4115(b), Aug. 18, 1990, 104
Stat. 520, provided that: ‘‘The Secretary shall, within 12
months after the date of the enactment of this Act
[Aug. 18, 1990], complete a rulemaking proceeding and
issue a final rule to require that tank vessels over 5,000
gross tons affected by section 3703a of title 46, United
States Code, as added by this section, comply until
January 1, 2015, with structural and operational requirements that the Secretary determines will provide
as substantial protection to the environment as is economically and technologically feasible.’’
STUDY ON OTHER STRUCTURAL AND OPERATIONAL TANK
VESSEL REQUIREMENTS
Pub. L. 101–380, title IV, § 4115(e), Aug. 18, 1990, 104
Stat. 520, as amended by Pub. L. 105–383, title IV, § 423,
Nov. 13, 1998, 112 Stat. 3440; Pub. L. 108–293, title VII,
§ 705, Aug. 9, 2004, 118 Stat. 1075; Pub. L. 109–241, title IX,
§ 901(n), July 11, 2006, 120 Stat. 565, provided that:
‘‘(1) OTHER REQUIREMENTS.—Not later than 6 months
after the date of enactment of this Act [Aug. 18, 1990],
the Secretary shall determine, based on recommendations from the National Academy of Sciences or other
qualified organizations, whether other structural and
operational tank vessel requirements will provide protection to the marine environment equal to or greater
than that provided by double hulls, and shall report to
the Congress that determination and recommendations
for legislative action.
‘‘(2) REVIEW AND ASSESSMENT.—The Secretary shall—
‘‘(A) periodically review recommendations from the
National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels;
‘‘(B) not later than 5 years after the date of enactment of this Act [Aug. 18, 1990], assess the impact of
this section on the safety of the marine environment
and the economic viability and operational makeup
of the maritime oil transportation industry; and
‘‘(C) report the results of the review and assessment
to the Congress with recommendations for legislative
or other action.

§ 3704

TITLE 46—SHIPPING

Page 78

‘‘(3) No later than one year after the date of enactment of the Coast Guard and Maritime Transportation
Act of 2004 [Aug. 9, 2004], the Secretary shall, taking
into account the recommendations contained in the report by the Marine Board of the National Research
Council entitled ‘Environmental Performance of Tanker Design in Collision and Grounding’ and dated 2001,
establish and publish an environmental equivalency
evaluation index (including the methodology to develop
that index) to assess overall outflow performance due
to collisions and groundings for double hull tank vessels and alternative designs.’’

would be unreasonable and impracticable due to
the vessel’s design characteristics.
(e) A crude oil tanker engaged in transferring
oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of
the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply
with other applicable minimum standards of
this section.

TERRITORIAL SEA OF UNITED STATES

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L.
115–232, div. C, title XXXV, § 3544(b), Aug. 13,
2018, 132 Stat. 2325.)

For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

HISTORICAL AND REVISION NOTES

§ 3704. Coastwise trade vessels
A segregated ballast tank, a crude oil washing
system, or an inert gas system, required by this
chapter or a regulation prescribed under this
chapter, on a vessel entitled to engage in the
coastwise trade under chapter 551 of this title
shall be installed in the United States (except
the trust territories). A vessel failing to comply
with this section may not engage in the coastwise trade.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 522; Pub. L.
109–304, § 15(16), Oct. 6, 2006, 120 Stat. 1703.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3704 ..............................................

46:391a(7)

Section 3704 requires any tank vessel that is entitled
to engage in the coastwise trade to install certain
equipment in the United States under the penalty of
losing coastwise trading privileges if the installation
work is done in a foreign country.
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘chapter 551 of this
title’’ for ‘‘section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883),’’.

§ 3705. Crude oil tanker minimum standards
(a) A new crude oil tanker of at least 20,000
deadweight tons shall be equipped with—
(1) protectively located segregated ballast
tanks;
(2) a crude oil washing system; and
(3) a cargo tank protection system consisting of a fixed deck froth system and a fixed
inert gas system.
(b) An existing crude oil tanker of at least
40,000 deadweight tons shall be equipped with—
(1) segregated ballast tanks; or
(2) a crude oil washing system.
(c) An existing crude oil tanker of at least
20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be
equipped with segregated ballast tanks or a
crude oil washing system.
(d) An existing crude oil tanker of at least
20,000 deadweight tons shall be equipped with an
inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted
with high capacity tank washing machines, the
Secretary may grant an exemption if the vessel’s owner can show clearly that compliance

Revised section
3705(a)
3705(b)
3705(c)
3705(d)
3705(e)

Source section (U.S. Code)

.........................................
.........................................
.........................................
.........................................
.........................................

46:391a(7)(A)
46:391a(7)(D)
46:391a(7)(E)
46:391a(7)(F)
46:391a(7)(M)

Section 3705 requires compliance with certain minimum standards by a crude oil tanker, which is self-propelled. In general, the minimum required standards are
consistent with those international standards that
have been adopted as Protocols to the 1974 Safety of
Life at Sea Convention and the 1973 Marine Pollution
Convention.
Section 3705(a) requires new crude oil tankers of
20,000 deadweight tons or above to have protectively located segregated ballast tanks, a crude oil washing system, and a specified cargo tank protection system.
Section 3705(b) requires existing crude oil tankers of
40,000 deadweight tons or above to have segregated ballast tanks or a crude oil washing system. Compliance
may be delayed until June 1, 1985 for smaller tankers
that have dedicated clean ballast tanks.
Section 3705(c) requires existing crude oil tankers of
20,000 deadweight tons or above, but less than 40,000
deadweight tons, that are 15 years or older, to have segregated ballast tanks or a crude oil washing system by
January 1, 1985 or if less than 15 years old, by the date
on which it reaches 15 years of age.
Section 3705(d) requires existing crude oil tankers of
20,000 deadweight tons or above, to install an inert gas
system. An exemption for crude oil tankers of less than
40,000 deadweight tons not fitted with high-capacity
tank washing machines may be granted by the Secretary, only if it is demonstrated that compliance
would be unreasonable and impracticable due to the
vessel’s design characteristics.
Section 3705(e) requires existing crude oil tankers of
20,000 deadweight tons or above, engaged in the transfer
of oil from Outer Continental Shelf oil exploitation or
production facilities, to have segregated ballast tanks
or be operated with dedicated clean ballast tanks or
special ballast arrangements.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–232, § 3544(b)(1), struck
out par. (1) designation after ‘‘(b)’’, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2),
respectively, and struck out former par. (2) which read
as follows: ‘‘Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks.’’
Subsec. (c). Pub. L. 115–232, § 3544(b)(2), struck out
‘‘before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later’’ before
period at end.

§ 3706. Product carrier minimum standards
(a) A new product carrier of at least 30,000
deadweight tons shall be equipped with protectively located segregated ballast tanks.

Page 79

(b) A new product carrier of at least 20,000
deadweight tons shall be equipped with a cargo
tank protection system consisting of a fixed
deck froth system and a fixed inert gas system
or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary.
(c) An existing product carrier of at least
40,000 deadweight tons shall be equipped with
segregated ballast tanks or may operate with
dedicated clean ballast tanks.
(d) An existing product carrier of at least
20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be
equipped with segregated ballast tanks or may
operate with dedicated clean ballast tanks.
(e) An existing product carrier of at least
40,000 deadweight tons, or an existing product
carrier of at least 20,000 deadweight tons but less
than 40,000 deadweight tons that is fitted with
high-capacity tank washing machines, shall be
equipped with an inert gas system.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L.
115–232, div. C, title XXXV, § 3544(c), Aug. 13,
2018, 132 Stat. 2325.)
HISTORICAL AND REVISION NOTES
Revised section
3706(a)
3706(b)
3706(c)
3706(d)
3706(e)

§ 3707

TITLE 46—SHIPPING

Source section (U.S. Code)

.........................................
.........................................
.........................................
.........................................
.........................................

46:391a(7)(B)
46:391a(7)(C)
46:391a(7)(G)
46:391a(7)(H)
46:391a(7)(I)

Section 3706 requires compliance with certain minimum standards by a product carrier, which is a selfpropelled tank vessel.
Section 3706(a) requires new product carriers of 30,000
deadweight tons or above, to have protectively located
segregated ballast tanks.
Section 3706(b) requires new product carriers of 20,000
deadweight tons or above, to have a cargo tank protection system consisting of a fixed deck froth system or
a fixed inert gas system. If the products carried are incompatible with the cargo tank protection system,
then an alternative protection system may be authorized.
Section 3706(c) requires existing product carriers of
40,000 deadweight tons or above, to have segregated ballast tanks or to operate with dedicated clean ballast
tanks.
Section 3706(d) requires existing product carriers of
20,000 deadweight tons or above, but less than 40,000
deadweight tons, that are 15 years or older, to have segregated ballast tanks by January 1, 1985, or on the date
on which it reaches 15 years of age or, in the alternative, that the vessel operate with dedicated clean
ballast tanks.
Section 3706(e) requires existing product carriers of
40,000 deadweight tons or above, or to existing product
carriers, fitted with high-capacity tank washing machines, of 20,000 deadweight tons but less than 40,000
deadweight tons, to install an inert gas system.
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–232 struck out ‘‘before
January 2, 1986, or the date on which it reaches 15 years
of age, whichever is later’’ before period at end.

§ 3707. Tanker minimum standards
(a) A new tanker 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) 2 remote steering gear control systems
operable separately from the navigating
bridge;
(2) the main steering gear control in the
steering gear compartment;
(3) means of communications and rudder
angle indicators on the navigating bridge, a
remote steering gear control station, and the
steering gear compartment;
(4) at least 2 identical and adequate power
units for the main steering gear;
(5) an alternative and adequate power supply, either from an emergency source of electrical power or from another independent
source of power located in the steering gear
compartment; and
(6) means of automatic starting and stopping
of power units with attendant alarms at all
steering stations.
(b) An existing tanker 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) 2 remote steering gear control systems
operable separately from the navigating
bridge;
(2) the main steering gear control in the
steering gear compartment; and
(3) means of communications and rudder
angle indicators on the navigating bridge, a
remote steering gear control station, and the
steering gear compartment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L.
104–324, title VII, § 716, Oct. 19, 1996, 110 Stat.
3937.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3707(a) .........................................
3707(b) .........................................

46:391a(7)(K)
46:391a(7)(L)

Section 3707 requires compliance with certain minimum standards by a tanker, which is a self-propelled
tank vessel.
Section 3707(a) requires new tankers of 10,000 gross
tons or above, to have two remote steering gear control
systems, a main steering gear control in the steering
gear compartment, a means of communications and
rudder angle indicators at specified locations, two or
more specified power units for the main steering gear,
an alternative and adequate power supply of specified
characteristics, and a means of automatic operation of
power units, with attendant alarms at all steering stations.
Section 3707(b) requires existing tankers of 10,000
gross tons or above, to have two remote steering gear
control systems, a main steering gear control in the
steering gear compartment, and a means of communication and rudder angle indicators at specified locations.
AMENDMENTS
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 alter-

§ 3708

TITLE 46—SHIPPING

nate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of
this title’’ after ‘‘10,000 gross tons’’.

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524.)
HISTORICAL AND REVISION NOTES
Revised section
3709 ..............................................

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.

Page 80

§ 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.
(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.)

Page 81

§ 3714

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

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(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
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 ..............................................

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

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.
(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
3714 ..............................................

Source section (U.S. Code)
46:391a(15)

§ 3715

TITLE 46—SHIPPING

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
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;

Page 82

(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; Pub. L. 114–120, title III, § 306(a)(4), Feb. 8,
2016, 130 Stat. 54.)
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.
The regulations to be prescribed by the Secretary
shall include a number of specific considerations but
may include any related matters deemed necessary to
promote navigation and vessel safety and protection of
the marine environment. The Secretary must consider
standards for minimum safe operating conditions, including sea state, wave height, weather, vessel traffic,
the prevention of oil spills, and oil spill response equipment. In regulating this operation, there must not be
any unreasonable interference with international navigation or reasonable uses of the high seas, and there
must be established lightering zones with attendant
communications and prearrival message requirements.

Page 83

§ 3718

TITLE 46—SHIPPING
REFERENCES IN TEXT

Section 1016 of the Oil Pollution Act of 1990, referred
to in subsec. (a)(3), is classified to section 2716 of Title
33, Navigation and Navigable Waters.
AMENDMENTS
2016—Subsec. (a)(2). Pub. L. 114–120 struck out ‘‘and’’
at end.
1990—Subsec. (a)(3) to (5). Pub. L. 101–380 added pars.
(3) to (5).
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.
EFFECTIVE DATE
Pub. L. 98–89, § 2(g)(2), Aug. 26, 1983, 97 Stat. 599, provided that: ‘‘Section 3715(a) of title 46 (as enacted by
section 1 of this Act) is effective on the day after the
effective date of the regulations prescribed by the Secretary under section 3715(b) of title 46.’’ [Regulations
effective Apr. 26, 1984, see 49 F.R. 11170, Mar. 26, 1984.]

(2) details of compliance with the financial
responsibility requirements of applicable laws
or regulations;
(3) registration information, including all
changes in the name of the vessel;
(4) the history of marine casualties and serious repair problems of the vessel; and
(5) a record of all inspections and examinations of a vessel conducted under section 3714
of this title.
(b) On written request from the Secretary, the
head of each department, agency, or instrumentality of the United States Government shall
provide available information that the Secretary considers necessary to confirm the information received under subsection (a) of this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527.)
HISTORICAL AND REVISION NOTES
Revised section

§ 3716. Tank washings

3717 ..............................................

(a) A vessel may not transfer cargo in a port
or place subject to the jurisdiction of the United
States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that
port or place in violation of the laws of the
United States or in a manner or quantities inconsistent with a treaty to which the United
States is a party.
(b) The Secretary shall establish effective control and supervisory measures to carry out this
section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527.)
HISTORICAL AND REVISION NOTES
Revised section
3716 ..............................................

Source section (U.S. Code)
46:391a(18)

Section 3716 requires the Secretary to establish effective control and supervisory measures to prohibit the
discharge of tank washings by dumping at sea. The section also prohibits the dumping vessel from subsequently loading any cargo at a port or terminal subject
to the jurisdiction of the United States. This section is
intended to prohibit the practice of discharging a cargo
of oil or hazardous substance, then going to sea to
clean tanks by pumping tank washing mixtures overboard, and then returning to a port or terminal subject
to the jurisdiction of the United States for the purpose
of loading a cargo that was incompatible with the prior
cargo.

§ 3717. Marine safety information system
(a) The Secretary shall establish a marine
safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or
hazardous material in a port or place under the
jurisdiction of the United States. In acquiring
this information, the Secretary shall make full
use of publicly available information. The Secretary may by regulation require the vessel to
provide information that the Secretary considers necessary to carry out this subsection, including—
(1) the name of each person with an ownership interest in the vessel;

Source section (U.S. Code)
46:391a(16)

Section 3717 requires the Secretary to establish a marine safety information system which is to contain selected information on any tank vessel, foreign or domestic, that comes within the jurisdiction of the
United States. This information must be recorded and
maintained up-to-date and is available from a number
of sources. In some instances, this information is required as a condition of entry. This information shall
include certain ownership interests, financial responsibility information, all registered names that the vessel has had since it was built, the present and prior
countries of registry, history of accidents or serious repair problems, record of the various inspections or examinations required, and any other data the Secretary
deems appropriate to carry out the intent of the section. The section also provides for interagency cooperation and the furnishing of available data and information.

§ 3718. Penalties
(a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to
the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation.
(2) Each vessel to which this chapter applies
that is operated in violation of this chapter or a
regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection.
(b) A person willfully and knowingly violating
this chapter or a regulation prescribed under
this chapter commits a class D felony.
(c) Instead of the penalties provided by subsection (b) of this section, a person willfully and
knowingly violating this chapter or a regulation
prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that
causes bodily injury or fear of imminent bodily
injury to an official authorized to enforce this
chapter or a regulation prescribed under this
chapter, commits a class C felony.
(d) The district courts of the United States
have jurisdiction to restrain a violation of this
chapter or a regulation prescribed under this
chapter.
(e)(1) If any owner, operator, or individual in
charge of a vessel is liable for any penalty or

§ 3719

TITLE 46—SHIPPING

fine under this section, or if reasonable cause
exists to believe that the owner, operator, or individual in charge may be subject to any penalty or fine under this section, the Secretary of
Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse
or revoke any clearance required by section
60105 of this title.
(2) Clearance or a permit refused or revoked
under this subsection may be granted upon filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527; Pub. L.
101–380, title IV, § 4302(c), Aug. 18, 1990, 104 Stat.
538; Pub. L. 104–324, title III, § 312(d), Oct. 19, 1996,
110 Stat. 3921; Pub. L. 109–304, § 15(17), Oct. 6,
2006, 120 Stat. 1703.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3718 ..............................................

46:391a(14)

Section 3718 provides the authority to assess civil
penalties for violation of the chapter or regulations.
Each violation subjects the violator to a penalty not to
exceed $25,000 for each violation and, in the case of a
continuing violation, each day shall constitute a separate violation and the vessel is liable in rem. The procedures for assessing penalties are found in section 2107
of part A.
With respect to criminal penalties, a willful or knowing violation of the section or a regulation subjects the
offender, upon conviction, to a criminal fine of not
more than $50,000 for each violation or imprisonment
for not more than 1 year, or both. If the willful and
knowing violation involves the use of a dangerous
weapon or constitutes an assault or battery, the offender is subjected to a fine of not more than $100,000
or imprisonment of not more than 10 years, or both.
In addition, where the owner or operator of the vessel
is subject to any of the penalties prescribed, the Secretary of the Treasury is directed to withhold required
Customs clearance, at the request of the Secretary.
Clearance may be granted upon the filing of a bond or
other surety satisfactory to the Secretary.

Page 84

§ 3719. Reduction of oil spills from single hull
non-self-propelled tank vessels
The Secretary shall, in consultation with the
National Towing Safety Advisory Committee
and taking into consideration the characteristics, methods of operation, and the size and nature of service of single hull non-self-propelled
tank vessels and towing vessels, prescribe regulations requiring a single hull non-self-propelled
tank vessel that operates in the open ocean or
coastal waters, or the vessel towing it, to have
at least one of the following:
(1) A crew member and an operable anchor
on board the tank vessel that together are capable of arresting the tank vessel without additional assistance under reasonably foreseeable sea conditions.
(2) An emergency system on the tank vessel
or towing vessel that without additional assistance under reasonably foreseeable sea conditions will allow the tank vessel to be retrieved by the towing vessel if the tow line
ruptures.
(3) Any other measure or combination of
measures that the Secretary determines will
provide protection against grounding of the
tank vessel comparable to that provided by
the measures described in paragraph (1) or (2).
(Added Pub. L. 104–324, title IX, § 901(a), Oct. 19,
1996, 110 Stat. 3946; amended Pub. L. 115–282, title
VI, § 601(c)(6)(B)(i), Dec. 4, 2018, 132 Stat. 4290.)
AMENDMENTS
2018—Pub. L. 115–282 inserted ‘‘National’’
‘‘Towing Safety’’ in introductory provisions.

before

REGULATIONS
Pub. L. 104–324, title IX, § 901(b), Oct. 19, 1996, 110 Stat.
3946, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall issue regulations required under section 3719 of title 46, United
States Code, as added by subsection (a), by not later
than October 1, 1997.’’

AMENDMENTS

[CHAPTER 39—REPEALED]

2006—Subsec. (e)(1). Pub. L. 109–304 substituted ‘‘Secretary of Homeland Security’’ and ‘‘section 60105 of this
title’’ for ‘‘Secretary of the Treasury’’ and ‘‘section
4197 of the Revised Statutes of the United States (46
App. U.S.C. 91)’’, respectively.
1996—Subsec. (e). Pub. L. 104–324 amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ‘‘At the request of the Secretary, the Secretary of
the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App.
U.S.C. 91) of a vessel the owner or operator of which is
subject to a penalty under this section. Clearance may
be granted on filing a bond or other surety satisfactory
to the Secretary.’’
1990—Subsec. (b). Pub. L. 101–380, § 4302(c)(1), substituted ‘‘commits a class D felony’’ for ‘‘shall be fined
not more than $50,000, imprisoned for not more than 5
years, or both’’.
Subsec. (c). Pub. L. 101–380, § 4302(c)(2), substituted
‘‘commits a class C felony’’ for ‘‘shall be fined not more
than $100,000, imprisoned for not more than 10 years, or
both’’.

[§§ 3901, 3902. Repealed. Pub. L. 107–171, title X,
§ 10418(a)(20), May 13, 2002, 116 Stat. 508]

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.

Section 3901, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528,
related to regulations for accommodations for export
animals.
Section 3902, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528,
related to penalties.

CHAPTER 41—UNINSPECTED VESSELS
GENERALLY
Sec.

4101.
4102.
4103.
[4104.
4105.
4106.

Application.
Safety equipment.
Exemptions.
Repealed.]
Uninspected passenger vessels.
Penalties.
HISTORICAL AND REVISION NOTES

Chapter 41 applies to vessels that are not subject to
inspection and certification under chapter 33.
The Federal authority to regulate uninspected vessels originated with the Motorboat Act of 1910 (Public
Law 61–201, 36 Stat. 462) when Congress established
standards with respect to navigation lights, machinery
requirements, life preservers, and for the licensing of