(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.
Open TableRevised 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.
Statutory Notes and Related Subsidiaries
Oil Fuel Tank Protection
Pub. L. 111–281, title VI, §617(e), Oct. 15, 2010, 124 Stat. 2973, provided that:
"(1)
"(2)
Regulations for Offshore Supply Vessels of at Least 6,000 Gross Tons
Pub. L. 111–281, title VI, §617(f), Oct. 15, 2010, 124 Stat. 2974, as amended by Pub. L. 111–330, §1(8), Dec. 22, 2010, 124 Stat. 3569, provided that:
"(1)
"(2)
"(3)
"(A) issue a certificate of inspection under section 3309 of title 46, United States Code, to an offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of that title if the Secretary determines that such vessel's arrangements and equipment meet the current Coast Guard requirements for certification as a cargo and miscellaneous vessel;
"(B) authorize a master, mate, or engineer who possesses an ocean or near coastal license and endorsement under part 11 of subchapter B of title 46, Code of Federal Regulations, (or any successor regulation) that qualifies the licensed officer for service on offshore supply vessels of at least 3,000 gross tons but less than 6,000 gross tons, as measured under section 14302 of title 46, United States Code, to operate offshore supply vessels of at least 6,000 gross tons, as measured under such section; and
"(C) authorize any such master, mate, or engineer who also possesses an ocean or near coastal license and endorsement under such part that qualifies the licensed officer for service on non trade-restricted vessels of at least 1,600 gross tons but less than 3,000 gross tons, as measured under such section, to increase the tonnage limitation of such license and endorsement under section 11.402(c) of such part, using service on vessels certificated under both subchapters I and L of such title and measured only under such section, except that such tonnage limitation shall not exceed 10,000 gross tons as measured under such section."
Oil Transfers From Vessels
Pub. L. 111–281, title VII, §702, Oct. 15, 2010, 124 Stat. 2980, as amended by Pub. L. 111–330, §1(10), Dec. 22, 2010, 124 Stat. 3570, provided that:
"(a)
"(1) shall focus on operations that have the highest risks of discharge, including operations at night and in inclement weather;
"(2) shall consider—
"(A) requirements for the use of equipment, such as putting booms in place for transfers, safety, and environmental impacts;
"(B) operational procedures such as manning standards, communications protocols, and restrictions on operations in high-risk areas; or
"(C) both such requirements and operational procedures; and
"(3) shall take into account the safety of personnel and effectiveness of available procedures and equipment for preventing or mitigating transfer spills.
"(b)
"(1) applies in State waters; and
"(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures under the regulations."
Improvements To Reduce Human Error and Near Miss Incidents
Pub. L. 111–281, title VII, §703, Oct. 15, 2010, 124 Stat. 2981, as amended by Pub. L. 111–330, §1(11), Dec. 22, 2010, 124 Stat. 3570, provided that:
"(a)
"(1) identifies the types of human errors that, combined, could cause oil spills, with particular attention to human error caused by fatigue, in the past 10 years;
"(2) in consultation with representatives of industry and labor and experts in the fields of marine casualties and human factors, identifies the most frequent types of near-miss oil spill incidents involving vessels such as collisions, allisions, groundings, and loss of propulsion in the past 10 years;
"(3) describes the extent to which there are gaps in the data required under paragraphs (1) and (2), including gaps in the ability to define and identify fatigue, and explains the reason for those gaps; and
"(4) includes recommendations by the Secretary and representatives of industry and labor and experts in the fields of marine casualties and human factors to address the identified types of errors and any such gaps in the data.
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) Notwithstanding paragraph (1), a court may allow discovery by a party in a judicial proceeding of data described in paragraph (1) if, after an in camera review of the information or data, the court decides that there is a compelling reason to allow the discovery.
"(B) When a court allows discovery in a judicial proceeding as permitted under this paragraph, the court shall issue a protective order—
"(i) to limit the use of the data to the judicial proceeding; and
"(ii) to prohibit dissemination of the data to any person who does not need access to the data for the proceeding.
"(C) A court may allow data it has decided is discoverable under this paragraph to be admitted into evidence in a judicial proceeding only if the court places the data under seal to prevent the use of the data for a purpose other than for the proceeding.
"(3)
"(A) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or
"(B) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
"(e)
[Pub. L. 111–330, §1(11), Dec. 22, 2010, 124 Stat. 3570, which directed amendment of section 703(a) of Pub. L. 111–281, set out above, by inserting "of the department in which the Coast Guard is operating" after "Secretary", was executed by making the insertion after "Secretary" the first place appearing, to reflect the probable intent of Congress.]
Preservation of State Authority
Pub. L. 111–281, title VII, §711(c), Oct. 15, 2010, 124 Stat. 2987, provided that: "Nothing in this Act [see Tables for classification] or in any other provision of Federal law related to the regulation of maritime transportation of oil shall affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof which require the escort by one or more tugs of laden oil tankers in the areas which are specified in section 4116(c) of the Oil Pollution Act of 1990 [Pub. L. 101–380] (46 U.S.C. 3703 note)."
Studies Addressing Various Sources of Oil Spill Risk
Pub. L. 104–324, title IX, §903, Oct. 19, 1996, 110 Stat. 3947, provided that:
"(a)
"(1)
"(2)
"(3)
"(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)
"(5)
"(b)
"(1)
"(2)
"(3)
"(4)
"(c)
Existing Tank Vessel Research
Pub. L. 104–324, title XI, §1134, Oct. 19, 1996, 110 Stat. 3985, provided that:
"(a)
"(b)
Oil Spill Prevention and Response Technology Test and Evaluation Program
Pub. L. 103–206, title III, §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, §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, §4110, Aug. 18, 1990, 104 Stat. 515, as amended by Pub. L. 108–293, title VII, §702(a), Aug. 9, 2004, 118 Stat. 1068, provided that:
"(a)
"(b)
"(1) overfill devices, and
"(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet any 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, §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, §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, §4116(c), (d), Aug. 18, 1990, 104 Stat. 523, as amended by Pub. L. 111–281, title VII, §711(b)(1), Oct. 15, 2010, 124 Stat. 2987, provided that:
"(c)
"(1)
"(2)
"(A)
"(B)
"(d)
[Pub. L. 111–281, title VII, §711(b)(2), Oct. 15, 2010, 124 Stat. 2987, provided that: "The amendments made by subsection (b) [amending section 4116(c) of Pub. L. 101–380, set out above] take effect on the date that is 90 days after the date of enactment of this Act [Oct. 15, 2010]."]