46 U.S.C. § 3715 — Lightering

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 shall prescribe regulations to carry out subsection (a) of this section. The regulations shall include provisions on— (1) minimum safe operating conditions, in- cluding sea state, wave height, weather, prox- imity 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 inter- ference with navigation or other reasonable uses of the high seas, as those uses are defined by treaty, convention, or customary inter- national law; (5) the establishment of lightering zones; and (6) requirements for communication and prearrival messages. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 101–380, title IV, § 4115(d), Aug. 18, 1990, 104 Stat. 520; Pub. L. 114–120, title III, § 306(a)(4), Feb. 8, 2016, 130 Stat. 54.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3715 .............................................. 46:391a(17) Section 3715 requires the Secretary to control lightering operations; that is, the transferring of car- goes at sea from large deep-draft vessels to shallow- draft vessels for subsequent transfer to shoreside termi- nals due to the inability of the larger tank vessels to enter shallow ports. It prohibits a tank vessel from un- loading any cargo of oil or hazardous material at any port or terminal under the jurisdiction of the United States, unless the cargo has been transferred in accord- ance with lightering regulations. It also prohibits the shoreside transfer unless both the delivering and re- ceiving vessels involved in the prior lightering had on board at the time of the offshore transfer, the certifi- cates that would have been required had the transfer taken place in a port or place subject to the jurisdic- tion of the United States. The regulations to be prescribed by the Secretary shall include a number of specific considerations but may include any related matters deemed necessary to promote navigation and vessel safety and protection of the marine environment. The Secretary must consider standards for minimum safe operating conditions, in- cluding sea state, wave height, weather, vessel traffic, the prevention of oil spills, and oil spill response equip- ment. In regulating this operation, there must not be any unreasonable interference with international navi- gation or reasonable uses of the high seas, and there must be established lightering zones with attendant communications and prearrival message requirements. Editorial Notes REFERENCES IN TEXT Section 1016 of the Oil Pollution Act of 1990, referred to in subsec. (a)(3), is classified to section 2716 of Title 33, Navigation and Navigable Waters. AMENDMENTS 2016—Subsec. (a)(2). Pub. L. 114–120 struck out ‘‘and’’ at end. 1990—Subsec. (a)(3) to (5). Pub. L. 101–380 added pars. (3) to (5). 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. EFFECTIVE DATE Pub. L. 98–89, § 2(g)(2), Aug. 26, 1983, 97 Stat. 599, pro- vided that: ‘‘Section 3715(a) of title 46 (as enacted by section 1 of this Act) is effective on the day after the effective date of the regulations prescribed by the Sec- retary under section 3715(b) of title 46.’’ [Regulations effective Apr. 26, 1984, see 49 F.R. 11170, Mar. 26, 1984.] § 3716. Tank washings (a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has dis- charged tank washings containing oil or haz- ardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities in- consistent with a treaty to which the United States is a party. (b) The Secretary shall establish effective con- trol and supervisory measures to carry out this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3716 .............................................. 46:391a(18)