
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: 46USC9101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                CHAPTER 91--TANK VESSEL MANNING STANDARDS
 
Sec. 9101. Standards for foreign tank vessels

    (a)(1) The Secretary shall evaluate the manning, training, 
qualification, and watchkeeping standards of a foreign country that 
issues documentation for any vessel to which chapter 37 of this title 
applies--
        (A) on a periodic basis; and
        (B) when the vessel is involved in a marine casualty required to 
    be reported under section 6101(a)(4) or (5) of this title.

    (2) After each evaluation made under paragraph (1) of this 
subsection, the Secretary shall determine whether--
        (A) the foreign country has standards for licensing and 
    certification of seamen that are at least equivalent to United 
    States law or international standards accepted by the United States; 
    and
        (B) those standards are being enforced.

    (3) If the Secretary determines under this subsection that a country 
has failed to maintain or enforce standards at least equivalent to 
United States law or international standards accepted by the United 
States, the Secretary shall prohibit vessels issued documentation by 
that country from entering the United States until the Secretary 
determines those standards have been established and are being enforced.
    (4) The Secretary may allow provisional entry of a vessel prohibited 
from entering the United States under paragraph (3) of this subsection 
if--
        (A) the owner or operator of the vessel establishes, to the 
    satisfaction of the Secretary, that the vessel is not unsafe or a 
    threat to the marine environment; or
        (B) the entry is necessary for the safety of the vessel or 
    individuals on the vessel.

    (b) A foreign vessel to which chapter 37 of this title applies that 
has on board oil or hazardous material in bulk as cargo or cargo residue 
shall have a specified number of personnel certified as tankerman or 
equivalent, as required by the Secretary, when the vessel transfers oil 
or hazardous material in a port or place subject to the jurisdiction of 
the United States. The requirement of this subsection shall be noted in 
applicable terminal operating procedures. A transfer operation may take 
place only if the crewmember in charge is capable of clearly 
understanding instructions in English.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title IV, 
Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
9101(a)...........................  46:391a(11)
9101(b)...........................  46:391a(10)(B)
------------------------------------------------------------------------

    Section 9101 requires monitoring of manning standards for foreign 
tank vessels operating on the navigable waters of the United States and 
transferring oil or hazardous material in the United States.
    Subsection (a) requires the Secretary of Transportation to evaluate 
the manning, training, qualification, and watchkeeping standards of 
foreign countries whose tank vessels operate on United States waters, or 
use transfer facilities, and to decide if the standards are equivalent 
or more stringent than United States standards.
    Subsection (b) authorizes the Secretary to specify the number of 
tankermen required on a foreign tank vessel and to have certified 
tankermen who can understand English when transferring oil or hazardous 
material in the United States. This requirement is to be made part of 
the terminal operating procedures.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-380 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``The Secretary shall--
        ``(1) periodically evaluate the manning, training, 
    qualification, and watchkeeping standards prescribed by the 
    certificating country of a foreign vessel to which chapter 37 of 
    this title applies, that operates on the navigable waters of the 
    United States and transfers oil or hazardous material in a port or 
    place under the jurisdiction of the United States; and
        ``(2) after each evaluation made under clause (1) of this 
    subsection, decide whether the foreign country, whose system for 
    licensing and certification of seamen was evaluated, has standards 
    that are equivalent to or more stringent than United States 
    standards or international standards accepted by the United 
    States.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 1228.
