46 U.S.C. § 9101 — Standards for foreign tank vessels

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 standards accepted by the United States; and (B) those standards are being enforced. (3) If the Secretary determines under this sub- section 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 pro- hibit 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 estab- lishes, 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 haz- ardous material in a port or place subject to the jurisdiction of the United States. The require- ment of this subsection shall be noted in appli- cable terminal operating procedures. A transfer operation may take place only if the crew- member in charge is capable of clearly under- standing instructions in English. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4106(a), Aug. 18, 1990, 104 Stat. 513.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9101(a) ......................................... 46:391a(11) 9101(b) ......................................... 46:391a(10)(B) Section 9101 requires monitoring of manning stand- ards for foreign tank vessels operating on the navigable waters of the United States and transferring oil or haz- ardous material in the United States. Subsection (a) requires the Secretary of Transpor- tation 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 stand- ards. 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. Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–380 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 sea- men was evaluated, has standards that are equivalent to or more stringent than United States standards or international standards accepted by the United States.’’ Statutory Notes and Related Subsidiaries 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. Page 170 TITLE 46—SHIPPING § 9102 § 9102. Standards for tank vessels of the United States The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including stand- ards related to— (1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas; (2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential cas- ualty conditions; (3) qualifications for licenses by specific type and size of vessels; (4) qualifications for licenses by use of sim- ulators for the practice or demonstration of marine-oriented skills; (5) minimum health and physical fitness cri- teria for various grades of licenses and certifi- cates; (6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities; (7) decisions about licenses and certificates, conditions of licensing or certification, and pe- riods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and (8) instruction in vessel maintenance func- tions. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4114(d), Aug. 18, 1990, 104 Stat. 517; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(b), Jan. 1, 2021, 134 Stat. 4747.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9102 .............................................. 46:391a(9) Section 9102 prescribes manning standards for United States tank vessels. Subsection (a) requires the Secretary of Transpor- tation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels. Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a). Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 struck out subsec. (a) designa- tion before ‘‘The Secretary shall’’ and struck out sub- sec. (b) which read as follows: ‘‘The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or cer- tificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Sec- retary decides are reasonable and necessary for the safety of a vessel on which the individual may be em- ployed.’’ 1990—Par. (8). Pub. L. 101–380 added par. (8). Statutory Notes and Related Subsidiaries 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. CHAPTER 93—GREAT LAKES PILOTAGE Sec. 9301. Definitions. 9302. Great Lakes pilots required. 9303. United States registered pilot service. 9304. Pilotage pools. 9305. Agreements with Canada. 9306. State regulation prohibited. 9307. Great Lakes Pilotage Advisory Committee. 9308. Penalties. HISTORICAL AND REVISION NOTES Chapter 93 contains the pilotage requirements for United States vessels sailing under register and foreign flag vessels operating on the Great Lakes, qualifica- tions for a registered pilot for the Great Lakes, author- ity for agreements with Canada, prohibition of State regulation, establishment of an advisory committee, and imposition of civil penalties. § 9301. Definitions In this chapter— (1) ‘‘Canadian registered pilot’’ means an in- dividual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title. (2) ‘‘Great Lakes’’ means Lakes Superior, Michigan, Huron, Erie, and Ontario, their con- necting and tributary waters, the Saint Law- rence River as far east as Saint Regis, and ad- jacent port areas. (3) ‘‘United States registered pilot’’ means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 557.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9301(1) .......................................... 46:216(d) 9301(2) .......................................... 46:216(a) 9301(3) .......................................... 46:216(c) Section 9301 contains definitions which pertain to this chapter only. Clause (1) defines ‘‘Canadian registered pilot’’ as an individual registered as a pilot in Canada on the same basis as the United States. Clause (2) defines ‘‘Great Lakes’’ as the five lakes plus their connecting and tributary waters, a certain part of the Saint Lawrence River, and adjacent ports. Clause (3) defines ‘‘United States registered pilot’’ as an individual registered under regulations for com- petency under section 9303. § 9302. Great Lakes pilots required (a)(1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall— (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not des- ignated by the President, be on board and available to direct the navigation of the vessel