
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: 46USC3715]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 3715. Lightering

    (a) A vessel may transfer oil or hazardous material in a port or 
place subject to the jurisdiction of the United States, when the cargo 
has been transferred from another vessel on the navigable waters of the 
United States or in the marine 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 certificate of inspection or a certificate 
    of compliance, as would have been required under section 3710 or 
    3711 of this title, had the transfer taken place in a port or place 
    subject to the jurisdiction of the United States; and
        (3) the delivering and the receiving vessel had on board at the 
    time of transfer, a certificate of financial responsibility as would 
    have been required under section 1016 of the Oil Pollution 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 Pollution 
    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, including sea state, wave 
    height, weather, proximity 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 interference with 
    navigation or other reasonable uses of the high seas, as those uses 
    are defined by treaty, convention, or customary international 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, 
Sec. 4115(d), Aug. 18, 1990, 104 Stat. 520.)

                      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 cargoes at sea from large deep-
draft vessels to shallow-draft vessels for subsequent transfer to 
shoreside terminals due to the inability of the larger tank vessels to 
enter shallow ports. It prohibits a tank vessel from unloading 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 accordance with lightering regulations. It also prohibits the 
shoreside transfer unless both the delivering and receiving vessels 
involved in the prior lightering had on board at the time of the 
offshore transfer, the certificates that would have been required had 
the transfer taken place in a port or place subject to the jurisdiction 
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, including sea state, wave height, 
weather, vessel traffic, the prevention of oil spills, and oil spill 
response equipment. In regulating this operation, there must not be any 
unreasonable interference with international navigation or reasonable 
uses of the high seas, and there must be established lightering zones 
with attendant communications and prearrival message requirements.

                       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

    1990--Subsec. (a)(3) to (5). Pub. L. 101-380 added pars. (3) to (5).


                    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

    Section 2(g)(2) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, 
provided 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 Secretary under section 3715(b) of title 
46.'' [Regulations effective Apr. 26, 1984, see 49 F.R. 11170, Mar. 26, 
1984.]

                  Section Referred to in Other Sections

    This section is referred to in section 3703a of this title.
