1625-0042 Stat/Authority

§ 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;

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(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.

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§ 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