
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3702]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 3702. Application

    (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 offshore drilling or production 
facilities in the oil industry if the vessel is--
        (1) 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;
        (2) not a tanker; and
        (3) 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 processing 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 
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, or an alternate tonnage measured under 
        section 14302 of this title as prescribed by the Secretary under 
        section 14104 of this title;
            (B) designated in its certificate of inspection 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, 
Sec. 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104-324, title VII, 
Sec. 714, title XI, Sec. 1104(b), Oct. 19, 1996, 110 Stat. 3936, 3966.)

                      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 carries oil 
or any hazardous materials in bulk as cargo or in residue, regardless of 
tonnage, size or manner of propulsion; 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 assembling 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.


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-324, Sec. 714(1), inserted ``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'' after ``500 gross tons''.
    Subsec. (c). Pub. L. 104-324, Sec. 714(2), inserted ``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'' after ``500 gross tons''.
    Subsec. (d). Pub. L. 104-324, Sec. 714(3), inserted ``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'' after ``5,000 gross tons''.
    Subsec. (f). Pub. L. 104-324, Sec. 1104(b), added subsec. (f).
    1984--Subsec. (c). Pub. L. 98-364, Sec. 402(6)(A), substituted 
``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 industry''.
    Subsec. (d). Pub. L. 98-364, Sec. 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''.

                  Section Referred to in Other Sections

    This section is referred to in section 8703 of this title; title 49 
section 5117.
