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46 U.S.C. § 3715 — Lightering
Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321/j&num=0&edition=prelim)); and
(5) the delivering and the receiving vessel are operating in compliance with [section 3703a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3703a&num=0&edition=prelim).
**(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;
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Source file: Laws/federal/codes/united-states-code/title-46/section-3715-lightering--96a60c33f3.md
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Source location: Title 46, Chapter 37, § 3715; chapter-037-carriage-of-liquid-bulk-dangerous-cargoes.md
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**(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;
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321/j&num=0&edition=prelim)); and
(5) the delivering and the receiving vessel are operating in compliance with [section 3703a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3703a&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** The responsible party for—
(1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States;
(2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or
(3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability.
**(b) Sanctions**
(1) **Withholding clearance** — The Secretary of the Treasury shall withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section.
(2) **Denying entry to or detaining vessels** — The Secretary may—
(A) deny entry to any vessel to any place in the United States, or to the navigable waters, or
(B) detain at the place,
any vessel that, upon request, does not produce the evidence of financial responsibility requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2716
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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)** 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](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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 3703a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section, the term—
(1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section;
(3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;
(4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(5) “United States”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
Page 483
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1321
1 So in original.
2 See References in Text note below.
shall be for each day (including travel-time)
during which they are performing board busi-
ness, entitled to receive compensation at a rate
fixed by the Administrator but not in excess of
the maximum rate of pay for grade GS–18, as
provided in the General Schedule under section
5332 of title 5, and shall, notwithstanding the
limitations of sections 5703 and 5704 of title 5, be
fully reimbursed for travel, subsistence and re-
lated expenses.
(f) Enforcement proceedings
When any such recommendation adopted by
the Administrator involves the institution of
enforcement proceedings against any person to
obtain the abatement of pollution subject to
such recommendation, the Administrator shall
institute such proceedings if he believes that the
evidence warrants such proceedings. The district
court of the United States shall consider and de-
termine de novo all relevant issues, but shall re-
ceive in evidence the record of the proceedings
before the conference or hearing board. The
court shall have jurisdiction to enter such judg-
ment and orders enforcing such judgment as it
deems appropriate or to remand such pro-
ceedings to the Administrator for such further
action as it may direct.
(June 30, 1948, ch. 758, title III, § 310, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.)
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organi-
zation and Employees, see section 529 [title
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1321
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 91
TITLE 46—SHIPPING
§ 3716
cargo; the points of origin and destination of the vessel;
and the name of an agent in the United States author-
ized 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.
Editorial Notes
AMENDMENTS
1986—Subsec.
(a)(4).
Pub.
L.
99–307
substituted
‘‘charterer’’ for ‘‘charter’’.
§ 3715. Lightering
(a) A vessel may transfer oil or hazardous ma-
terial in a port or place subject to the jurisdic-
tion of the United States, when the cargo has
been transferred from another vessel on the nav-
igable waters of the United States or in the ma-
rine 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 certifi-
cate of inspection or a certificate of compli-
ance, as would have been required under sec-
tion 3710 or 3711 of this title, had the transfer
taken place in a port or place subject to the
jurisdiction of the United States;
(3) the delivering and the receiving vessel
had on board at the time of transfer, a certifi-
cate of financial responsibility as would have
been required under section 1016 of the Oil Pol-
lution 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 Pollu-
tion 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 sha
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 3715
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.