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 foreign vessel on innocent passage on the navigable wa- ters 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 meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title; (B) designated in its certificate of inspec- tion as an oil spill response vessel; and (C) engaged in response-related activities. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98–364, title IV, § 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104–324, title VII, § 714, title XI, § 1104(b), Oct. 19, 1996, 110 Stat. 3936, 3966; Pub. L. 111–281, title VI, § 617(a)(2), Oct. 15, 2010, 124 Stat. 2973.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3702 .............................................. 46:391a Section 3702, with certain exceptions, makes this chapter applicable to any tank vessel operating in the navigable waters of the United States or transferring oil or hazardous materials in any port or place subject to the jurisdiction of the United States, and which car- ries oil or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of pro- pulsion; whether it is self-propelled or not; whether it is carrying freight or passengers for hire or not; and whether it is a vessel of the United States or a foreign vessel. It exempts certain small vessels documented in the service of oil exploitation, certain small tender and fishing vessels used in the Northwest salmon or crab fisheries, certain vessels used in the processing and as- sembling of fishery products used in the Northwest fisheries, public vessels, and foreign vessels engaged on innocent passage on the navigable waters of the United States. However, processing vessels, while not treated as tank vessels, are still subject to regulation when carrying flammable or combustible liquid cargo in bulk. Editorial Notes AMENDMENTS 2010—Subsec. (b)(1) to (3). Pub. L. 111–281 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1), which read as follows: ‘‘not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under sec- tion 14302 of this title as prescribed by the Secretary under section 14104 of this title;’’. 1996—Subsec. (b)(1). Pub. L. 104–324, § 714(1), inserted ‘‘as measured under section 14502 of this title, or an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Subsec. (c). Pub. L. 104–324, § 714(2), inserted ‘‘as meas- ured 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’’ after ‘‘500 gross tons’’. Subsec. (d). Pub. L. 104–324, § 714(3), inserted ‘‘as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘5,000 gross tons’’. Subsec. (f). Pub. L. 104–324, § 1104(b), added subsec. (f). 1984—Subsec. (c). Pub. L. 98–364, § 402(6)(A), sub- stituted ‘‘This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons when engaged only in the fishing industry’’ for ‘‘This chapter does not apply to a cannery tender, fishing tender, or fishing vessel of not more than 500 gross tons, used in the salmon or crab fisheries of Alaska, Oregon, or Washington, when engaged only in the fishing indus- try’’. Subsec. (d). Pub. L. 98–364, § 402(6)(B), substituted ‘‘This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons’’ for ‘‘This chapter does not apply to a vessel of not more than 5,000 gross tons used in processing and assembling fishery products of the fisheries of Alaska, Oregon, and Washington’’. § 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 environ- ment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regula- tions that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations