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46 U.S.C. § 9101 — Standards for foreign tank vessels
Federal law — U.S. Code and appendices · legal_authorities
**(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 ve
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Source location: Title 46, Chapter 91, § 9101; chapter-091-tank-vessel-manning-standards.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this Act, the term—
(1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight;
(2) “barrel” means 42 United States gallons at 60 degrees fahrenheit;
(3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident;
(4) “claimant” means any person or government who presents a claim for compensation under this subchapter;
(5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages;
(6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4);
(7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
(8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;
(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;
(4) does not comply with any applicable vessel traffic service requirements;
(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to [section 9101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9101&num=0&edition=prelim), does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
**(b) Exceptions.—**
(1) **In general.—** — The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70021
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Federal law — U.S. Code and appendices · legal_authorities
Page 169
TITLE 46—SHIPPING
§ 9101
§ 8906. Penalty
An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
operated in violation of this chapter or a regula-
tion prescribed under this chapter is liable to
the United States Government for a civil pen-
alty of not more than $25,000. The vessel also is
liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L.
104–324, title III, § 306(b), Oct. 19, 1996, 110 Stat.
3918.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
8906 ..............................................
46:390d
Section 8906 prescribes the penalties for violations of
this chapter.
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–324 substituted ‘‘not more than
$25,000’’ for ‘‘$1,000’’.
CHAPTER 91—TANK VESSEL MANNING
STANDARDS
Sec.
9101.
Standards for foreign tank vessels.
9102.
Standards for tank vessels of the United
States.
HISTORICAL AND REVISION NOTES
Chapter 91 prescribes manning standards for certain
foreign and United States tank vessels carrying oil or
hazardous materials.
§ 9101. Standards for foreign tank vessels
(a)(1) The Secretary shall evaluate the man-
ning, training, qualification, and watchkeeping
standards of a foreign country that issues docu-
mentation 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 para-
graph (1) of this subsection, the Secretary shall
determine whether—
(A) the foreign country has standards for li-
censing and certification of seamen that are at
least equivalent to United States law or inter-
national standar
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 9101
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