
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: 46USC3714]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 3714. Inspection and examination

    (a)(1) The Secretary shall have each vessel to which this chapter 
applies inspected or examined at least once each year.
    (2) Each of those vessels that is more than 10 years of age shall 
undergo a special and detailed inspection of structural strength and 
hull integrity as specified by the Secretary.
    (3) The Secretary may make contracts for conducting inspections or 
examinations in the United States and in foreign countries. An inspector 
conducting an inspection or examination under contract may not issue a 
certificate of inspection or a certificate of compliance, but the 
inspector may issue a temporary certificate.
    (4) The Secretary shall prescribe by regulation reasonable fees for 
an inspection or examination conducted under this section outside the 
United States, or which, when involving a foreign vessel, is conducted 
under a contract authorized by paragraph (3) of this subsection. The 
owner, charterer, or managing operator of a vessel inspected or examined 
by the Secretary is liable for the fees. Amounts received as fees shall 
be deposited in the Treasury.
    (5) The Secretary may allow provisional entry of a vessel to conduct 
an inspection or examination under this chapter.
    (b) Each vessel to which this chapter applies shall have on board 
those documents the Secretary considers necessary for inspection and 
enforcement, including documents listing--
        (1) the type, grade, and approximate quantities of cargo on 
    board;
        (2) the shipper and consignee of the cargo;
        (3) the places of origin and destination of the vessel; and
        (4) the name of an agent in the United States authorized to 
    accept service of legal process.

    (c) Each vessel to which this chapter applies that operates in the 
United States shall have a person designated as authorized to accept 
service of legal process for the vessel.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec. 1(8), 
May 19, 1986, 100 Stat. 445.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3714..............................  46:391a(15)
------------------------------------------------------------------------

    Section 3714(a) requires the Secretary to establish a program for 
the inspection of tank vessels, foreign or domestic, at least once each 
year. The Committee contemplates that United States vessels will be 
issued a 2 year certificate of inspection with a mid-period examination. 
The Committee also contemplates that foreign-flag vessels will continue 
to be tracked and boarded at least once a year or when they first arrive 
in the United States. The Secretary may examine the foreign-flag tank 
vessel but may accept, as a basis for the issuance of a certificate of 
compliance, in whole or in part a foreign-issued certificate.
    Each vessel over 10 years of age must undergo a special and detailed 
inspection of structural strength and hull integrity, as specified by 
the Secretary. An inspection or examination may be conducted by any 
officer authorized by the Secretary. The Committee expects that, 
whenever possible, a qualified marine inspector will be used wherever 
the vessel undergoes these 10-year inspections. The Secretary may also 
contract for inspections or examinations in the United States and in 
foreign countries.
    The primary reason for including a provision that permits the 
contracting for the conduct of inspections and examinations is to 
provide flexibility in foreign areas where Coast Guard marine inspectors 
are not normally available.
    A contract inspector may be authorized to act on behalf of the 
Secretary, but may not issue a certificate of inspection or compliance. 
The inspector may, however, issue a temporary certificate.
    The Committee understands that the 10-year inspections of United 
States-flag and foreign-flag vessels may occur at the time the vessel is 
scheduled for shipyard availability to complete the periodic 
classification society survey.
    The Secretary is also authorized and directed to prescribe by 
regulation reasonable fees for certain inspections or examinations 
conducted pursuant to this section based on the cost incurred. The owner 
of any vessel inspected or examined by the Secretary or his designee 
shall be liable for the fee. Amounts received as fees under this section 
are to be deposited in the Treasury.
    Section 3714(b) requires each vessel subject to this chapter to have 
on board those documents the Secretary declares are necessary for 
inspection or enforcement, including, but not limited to documents 
indicating the kind, grade, and approximate quantities of any cargo on 
board; the shipper and consignee of the cargo; the points of origin and 
destination of the vessel; and the name of an agent in the United States 
authorized 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.


                               Amendments

    1986--Subsec. (a)(4). Pub. L. 99-307 substituted ``charterer'' for 
``charter''.

                  Section Referred to in Other Sections

    This section is referred to in section 3717 of this title.
