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46 U.S.C. § 3702 — Application

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3702 — Application

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Stable record: federal_law:legal_authorities:record_usc_86bafeebc344257df82daa41
Source file: Laws/federal/codes/united-states-code/title-46/section-3702-application--d042db8217.md
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Source location: Title 46, Chapter 37, § 3702; chapter-037-carriage-of-liquid-bulk-dangerous-cargoes.md

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**(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 exploration, development, or production of offshore drilling or production facilities in the oil industry and non-mineral energy production if the vessel is— (1) not a tanker; and (2) in the service of exploration, development, or production of offshore energy resources. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); (B) designated in its certificate of inspection as an oil spill response vessel; and (C) engaged in response-related activities.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 7302 — Issuing merchant mariners’ documents and continuous discharge books

**(a)** The Secretary shall issue a merchant mariner’s document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F. **(b)** The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner’s document if the individual requests. **(c)** The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under [section 30305(b)(5) of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30305/b/5&num=0&edition=prelim), any information contained in the National Driver Register related to an offense described in section 30304(a)(3)(A) or (B) of title 49 committed by the individual. **(d)** The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section. **(e)** The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation. **(f) Periods of Validity and Renewal of Merchant Mariners’ Documents.—** (1) **In general.—** — Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. (2) **Advance renewals.—** — A renewed merchant mariner’s document may be issued under this chapter up to 8 months

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5117 — Special permits and exclusions

**(a) Authority To Issue Special Permits.—** (1) As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103(b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety level— (A) at least equal to the safety level required under this chapter; or (B) consistent with the public interest and this chapter, if a required safety level does not exist. (2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years. **(b) Applications.—** When applying for a special permit or renewal of a special permit under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an application for a new special permit or a modification to an existing special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the application. The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days. This subsection does not require the re

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3702 — Application

Page 80 TITLE 46—SHIPPING § 3702 1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5) defining ‘‘State’’ as including Trust Territory of the 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. Statutory Notes and Related Subsidiaries 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 sec- tion, this chapter applies to a tank vessel. (b) This chapter does not apply to a docu- mented 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 indus- try 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 proc- essing 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 car- rying flammable or combustible liquid cargo in bulk. (e) This chapter does not apply to a

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