1625-0029 Stat Authority

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3703]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3703. Regulations
(a) The Secretary shall prescribe regulations for the design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels to which this chapter
applies, that may be necessary for increased protection against hazards
to life and property, for navigation and vessel safety, and for enhanced
protection of the marine environment. The Secretary may prescribe
different regulations applicable to vessels engaged in the domestic
trade, and also may prescribe regulations that exceed standards set
internationally. Regulations prescribed by the Secretary under this
subsection are in addition to regulations prescribed under other laws
that may apply to any of those vessels. Regulations prescribed under
this subsection shall include requirements about-(1) superstructures, hulls, cargo holds or tanks, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
and boilers;
(2) the handling or stowage of cargo, the manner of handling or
stowage of cargo, and the machinery and appliances used in the
handling or stowage;
(3) equipment and appliances for lifesaving, fire protection,
and prevention and mitigation of damage to the marine environment;
(4) the manning of vessels and the duties, qualifications, and
training of the officers and crew;
(5) improvements in vessel maneuvering and stopping ability and
other features that reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine casualty occurs; and
(7) the reduction or elimination of discharges during
ballasting, deballasting, tank cleaning, cargo handling, or other
such activity.
(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.)

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Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3703.............................. 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.
Studies Addressing Various Sources of Oil Spill Risk
Pub. L. 104-324, title IX, Sec. 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, 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

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discharge of fuel oil during lightering or fuel loading or offloading 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.''
Existing Tank Vessel Research
Pub. L. 104-324, title XI, Sec. 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, Sec. 310, Dec. 20, 1993, 107 Stat. 2425,

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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, Sec. 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 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, Sec. 4110, Aug. 18, 1990, 104 Stat. 515,
provided that:
``(a) Standards.--Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall 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.--Not later than 1 year after the date of the enactment of
this Act [Aug. 18, 1990], the Secretary shall 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 the 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.''

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Tanker Navigation Safety Standards Study
Pub. L. 101-380, title IV, Sec. 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 Auto-Pilot or With Unattended
Engine Room
Pub. L. 101-380, title IV, Sec. 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, Sec. 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, provided that:
``(c) Escorts for Certain Tankers.--Not later than 6 months after
the date of the enactment of this Act [Aug. 18, 1990], 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.
``(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.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC9101]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part F--Manning of Vessels
CHAPTER 91--TANK VESSEL MANNING STANDARDS
Sec. 9101. Standards for foreign tank vessels
(a)(1) The Secretary shall evaluate the manning, training,
qualification, and watchkeeping standards of a foreign country that
issues documentation for any vessel to which chapter 37 of this title
applies-(A) on a periodic basis; and
(B) when the vessel is involved in a marine casualty required to
be reported under section 6101(a)(4) or (5) of this title.
(2) After each evaluation made under paragraph (1) of this
subsection, the Secretary shall determine whether-(A) the foreign country has standards for licensing and
certification of seamen that are at least equivalent to United
States law or international standards accepted by the United States;
and
(B) those standards are being enforced.
(3) If the Secretary determines under this subsection that a country
has failed to maintain or enforce standards at least equivalent to
United States law or international standards accepted by the United
States, the Secretary shall prohibit vessels issued documentation by
that country from entering the United States until the Secretary
determines those standards have been established and are being enforced.
(4) The Secretary may allow provisional entry of a vessel prohibited
from entering the United States under paragraph (3) of this subsection
if-(A) the owner or operator of the vessel establishes, to the
satisfaction of the Secretary, that the vessel is not unsafe or a
threat to the marine environment; or
(B) the entry is necessary for the safety of the vessel or
individuals on the vessel.
(b) A foreign vessel to which chapter 37 of this title applies that
has on board oil or hazardous material in bulk as cargo or cargo residue
shall have a specified number of personnel certified as tankerman or
equivalent, as required by the Secretary, when the vessel transfers oil
or hazardous material in a port or place subject to the jurisdiction of
the United States. The requirement of this subsection shall be noted in
applicable terminal operating procedures. A transfer operation may take
place only if the crewmember in charge is capable of clearly
understanding instructions in English.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title IV,
Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)

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-----------------------------------------------------------------------9101(a)........................... 46:391a(11)
9101(b)........................... 46:391a(10)(B)
-----------------------------------------------------------------------Section 9101 requires monitoring of manning standards for foreign
tank vessels operating on the navigable waters of the United States and
transferring oil or hazardous material in the United States.
Subsection (a) requires the Secretary of Transportation to evaluate
the manning, training, qualification, and watchkeeping standards of
foreign countries whose tank vessels operate on United States waters, or
use transfer facilities, and to decide if the standards are equivalent
or more stringent than United States standards.
Subsection (b) authorizes the Secretary to specify the number of
tankermen required on a foreign tank vessel and to have certified
tankermen who can understand English when transferring oil or hazardous
material in the United States. This requirement is to be made part of
the terminal operating procedures.
Amendments
1990--Subsec. (a). Pub. L. 101-380 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``The Secretary shall-``(1) periodically evaluate the manning, training,
qualification, and watchkeeping standards prescribed by the
certificating country of a foreign vessel to which chapter 37 of
this title applies, that operates on the navigable waters of the
United States and transfers oil or hazardous material in a port or
place under the jurisdiction of the United States; and
``(2) after each evaluation made under clause (1) of this
subsection, decide whether the foreign country, whose system for
licensing and certification of seamen was evaluated, has standards
that are equivalent to or more stringent than United States
standards or international standards accepted by the United
States.''
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 Referred to in Other Sections
This section is referred to in title 33 section 1228.

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