
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: 46USC3703]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 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 environment. The Secretary may prescribe 
different regulations applicable to vessels engaged in the domestic 
trade, and also may prescribe regulations that exceed standards set 
internationally. Regulations prescribed by the Secretary under this 
subsection are in addition to regulations prescribed under other laws 
that may apply to any of those vessels. Regulations prescribed under 
this subsection shall include requirements about--
        (1) superstructures, hulls, cargo holds or tanks, fittings, 
    equipment, appliances, propulsion machinery, auxiliary machinery, 
    and boilers;
        (2) the handling or stowage of cargo, the manner of handling or 
    stowage of cargo, and the machinery and appliances used in the 
    handling or stowage;
        (3) equipment and appliances for lifesaving, fire protection, 
    and prevention and mitigation of damage to the marine environment;
        (4) the manning of vessels and the duties, qualifications, and 
    training of the officers and crew;
        (5) improvements in vessel maneuvering and stopping ability and 
    other features that reduce the possibility of marine casualties;
        (6) the reduction of cargo loss if a marine casualty occurs; and
        (7) the reduction or elimination of discharges during 
    ballasting, deballasting, tank cleaning, cargo handling, or other 
    such activity.

    (b) In prescribing regulations under subsection (a) of this section, 
the Secretary shall consider the types and grades of cargo permitted to 
be on board a tank vessel.
    (c) In prescribing regulations under subsection (a) of this section, 
the Secretary shall establish procedures for consulting with, and 
receiving and considering the views of--
        (1) interested departments, agencies, and instrumentalities of 
    the United States Government;
        (2) officials of State and local governments;
        (3) representatives of port and harbor authorities and 
    associations;
        (4) representatives of environmental groups; and
        (5) other interested parties knowledgeable or experienced in 
    dealing with problems involving vessel safety, port and waterways 
    safety, and protection of the marine environment.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3703..............................  46:391a(6)
                                    46:391a(12)
------------------------------------------------------------------------

    Section 3703 requires the Secretary to issue regulations to 
implement this section. Specific items are listed to be included within 
the regulations issued. The regulatory authority must be exercised under 
the Administrative Procedure Act and, in prescribing these regulations, 
the Secretary must consider the kinds and grades of cargo carried on 
board. Furthermore, in addition to any requirements of the 
Administrative Procedure Act, the Secretary must establish specific 
consultation procedures for considering the views of various specified 
interested officials, groups, and individuals. The procedures are 
intended to provide for consultation as early as possible in the 
regulatory process.


          Studies Addressing Various Sources of Oil Spill Risk

    Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat. 3947, 
provided that:
    ``(a) Study of Group-5 Fuel Oil Spills.--
        ``(1) Definition.--In this subsection, the term `group-5 fuel 
    oil' means a petroleum-based oil that has a specific gravity of 
    greater than 1.0.
        ``(2) Coordination of study.--The Secretary of Transportation 
    shall coordinate with the Marine Board of the National Research 
    Council to conduct a study of the relative environmental and public 
    health risks posed by discharges of group-5 fuel oil.
        ``(3) Matters to be included.--The study under this subsection 
    shall include a review and analysis of--
            ``(A) the specific risks posed to the public health or 
        welfare of the United States, including fish, shellfish and 
        wildlife, public and private property, shorelines, beaches, 
        habitat, and other natural resources under the jurisdiction or 
        control of the United States, as a result of an actual or 
        threatened discharge of group-5 fuel oil from a vessel or 
        facility;
            ``(B) cleanup technologies currently available to address 
        actual or threatened discharge of group-5 fuel oil; and
            ``(C) any technological and financial barriers that prevent 
        the prompt remediation of discharges of group-5 fuel oil.
        ``(4) Report.--Not later than 18 months after the date of 
    enactment of this Act [Oct. 19, 1996], the Secretary of 
    Transportation shall submit to the Committee on Environment and 
    Public Works and the Committee on Commerce, Science, and 
    Transportation of the Senate, and the Committee on Transportation 
    and Infrastructure of the House of Representatives a report on the 
    results of the study under this subsection.
        ``(5) Rulemaking.--If the Secretary of Transportation 
    determines, based on the results of the study under this subsection, 
    that there are significant risks to public health or the environment 
    resulting from the actual or threatened discharge of group-5 fuel 
    oil from a vessel or facility that cannot be technologically or 
    economically addressed by existing or anticipated cleanup efforts, 
    the Secretary may initiate a rulemaking to take such action as is 
    necessary to abate the threat.
    ``(b) Study of Automatic Fueling Shutoff Equipment.--
        ``(1) Coordination of study.--The Secretary of Transportation 
    shall coordinate with the Marine Board of the National Research 
    Council to conduct a study of the unintentional or accidental 
    discharge of fuel oil during lightering or fuel loading or off-
    loading activity.
        ``(2) Matters to be included.--The study under this subsection 
    shall include a review and analysis of current monitoring and 
    fueling practices to determine the need for automatic fuel shutoff 
    equipment to prevent the accidental discharge of fuel oil, and 
    whether such equipment is needed as a supplement to or replacement 
    of existing preventive equipment or procedures.
        ``(3) Report.--Not later than 18 months after the date of 
    enactment of this Act [Oct. 19, 1996], the Secretary of 
    Transportation shall submit to the Committee on Environment and 
    Public Works and the Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Transportation and 
    Infrastructure of the House of Representatives a report on the 
    results of the study under this subsection.
        ``(4) Rulemaking.--If the Secretary of Transportation 
    determines, based on the results of the study conducted under this 
    subsection, that the use of automatic oil shutoff equipment is 
    necessary to prevent the actual or threatened discharge of oil 
    during lightering or fuel loading or off[-]loading activity, the 
    Secretary may initiate a rulemaking to take such action as is 
    necessary to abate a threat to public health or the environment.
    ``(c) Lightering Study.--The Secretary of Transportation shall 
coordinate with the Marine Board of the National Research Council on a 
study into the actual incidence and risk of oil spills from lightering 
operations off the coast of the United States. Among other things, the 
study shall address the manner in which existing regulations are serving 
to reduce oil spill risks. The study shall take into account current or 
proposed international rules and standards and also include 
recommendations on measures that would be likely to further reduce the 
risks of oil spills from lightering operations. Not later than 18 months 
after the date of enactment of this Act [Oct. 19, 1996], the Secretary 
shall submit a report on the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.''


                      Existing Tank Vessel Research

    Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat. 3985, 
provided that:
    ``(a) Funding.--The Secretary of Transportation shall take steps to 
allocate funds appropriated for research, development, testing, and 
evaluation, including the combination of funds from any source available 
and authorized for this purpose, to ensure that any Government-sponsored 
project intended to evaluate double hull alternatives that provide equal 
or greater protection to the marine environment, or interim solutions to 
remediate potential environmental damage resulting from oil spills from 
existing tank vessels, commenced prior to the date of enactment of this 
section [Oct. 19, 1996], is fully funded for completion by the end of 
fiscal year 1997. Any vessel construction or repair necessary to carry 
out the purpose of this section must be performed in a shipyard located 
in the United States.
    ``(b) Use of Public Vessels.--The Secretary may provide vessels 
owned by, or demise chartered to, and operated by the Government and not 
engaged in commercial service, without reimbursement, for use in and the 
support of projects sponsored by the Government for research, 
development, testing, evaluation, and demonstration of new or improved 
technologies that are effective in preventing or mitigating oil 
discharges and protecting the environment.''


Oil Spill Prevention and Response Technology Test and Evaluation Program

    Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat. 2425, 
provided that:
    ``(a) Not later than 6 months after the date of enactment of this 
Act [Dec. 20, 1993], the Secretary of Transportation shall establish a 
program to evaluate the technological feasibility and environmental 
benefits of having tank vessels carry oil spill prevention and response 
technology. To implement the program the Secretary shall--
        ``(1) publish in the Federal Register an invitation for 
    submission of proposals including plans and procedures for testing; 
    and
        ``(2) review and evaluate technology using, to the maximum 
    extent possible, existing evaluation and performance standards.
    ``(b) The Secretary shall, to the maximum extent possible, 
incorporate in the program established in subsection (a), the results of 
existing studies and evaluations of oil spill prevention and response 
technology carried on tank vessels.
    ``(c) Not later than 2 years after the date of the enactment of this 
Act [Dec. 20, 1993], the Secretary shall evaluate the results of the 
program established in subsection (a) and submit a report to Congress 
with recommendations on the feasibility and environmental benefits of, 
and appropriate equipment and utilization standards for, requiring tank 
vessels to carry oil spill prevention and response equipment.
    ``(d) Not later than 6 months after the date of the enactment of 
this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the 
Congress on the feasibility of using segregated ballast tanks for 
emergency transfer of cargo and storage of recovered oil.''


  Regulations Requiring Periodic Gauging of Plating Thickness for Oil 
                       Carrying Commercial Vessels

    Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515, 
provided that: ``Not later than 1 year after the date of the enactment 
of this Act [Aug. 18, 1990], the Secretary shall issue regulations for 
vessels constructed or adapted to carry, or that carry, oil in bulk as 
cargo or cargo residue--
        ``(1) establishing minimum standards for plating thickness; and
        ``(2) requiring, consistent with generally recognized principles 
    of international law, periodic gauging of the plating thickness of 
    all such vessels over 30 years old operating on the navigable waters 
    or the waters of the exclusive economic zone.''


   Regulations Requiring Use of Overfill and Tank Level or Monitoring 
               Devices on Oil Carrying Commercial Vessels

    Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat. 515, 
provided that:
    ``(a) Standards.--Not later than 1 year after the date of the 
enactment of this Act [Aug. 18, 1990], the Secretary shall establish, by 
regulation, minimum standards for devices for warning persons of 
overfills and tank levels of oil in cargo tanks and devices for 
monitoring the pressure of oil cargo tanks.
    ``(b) Use.--Not later than 1 year after the date of the enactment of 
this Act [Aug. 18, 1990], the Secretary shall issue regulations 
establishing, consistent with generally recognized principles of 
international law, requirements concerning the use of--
        ``(1) overfill devices, and
        ``(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards 
established by the Secretary under subsection (a), on vessels 
constructed or adapted to carry, or that carry, oil in bulk as cargo or 
cargo residue on the navigable waters and the waters of the exclusive 
economic zone.''


                Tanker Navigation Safety Standards Study

    Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat. 515, 
directed Secretary, not later than 2 years after Aug. 18, 1990, to 
conduct a study and report to Congress on whether existing laws and 
regulations are adequate to ensure safe navigation of vessels 
transporting oil or hazardous substances in bulk on navigable waters and 
waters of the exclusive economic zone.


 Rules Governing Operation of Vessels on Auto-Pilot or With Unattended 
                               Engine Room

    Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat. 
517, provided that: ``In order to protect life, property, and the 
environment, the Secretary shall initiate a rulemaking proceeding within 
180 days after the date of the enactment of this Act [Aug. 18, 1990] to 
define the conditions under, and designate the waters upon, which tank 
vessels subject to section 3703 of title 46, United States Code, may 
operate in the navigable waters with the auto-pilot engaged or with an 
unattended engine room.''


  Regulations Requiring Escorts for Certain Tankers; ``Tanker'' Defined

    Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104 
Stat. 523, provided that:
    ``(c) Escorts for Certain Tankers.--Not later than 6 months after 
the date of the enactment of this Act [Aug. 18, 1990], the Secretary 
shall initiate issuance of regulations under section 3703(a)(3) of title 
46, United States Code, to define those areas, including Prince William 
Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including 
those portions of the Strait of Juan de Fuca east of Port Angeles, Haro 
Strait, and the Strait of Georgia subject to United States 
jurisdiction), on which single hulled tankers over 5,000 gross tons 
transporting oil in bulk shall be escorted by at least two towing 
vessels (as defined under section 2101 of title 46, United States Code) 
or other vessels considered appropriate by the Secretary.
    ``(d) Tanker Defined.--In this section [amending section 8502 of 
this title] the term `tanker' has the same meaning the term has in 
section 2101 of title 46, United States Code.''

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 7511b.
