dreamproit/uscode huggingface dataset:
46 U.S.C. § 3706 (SHIPPING)
§ 3706. Product carrier minimum standards
(a) A new product carrier of at least 30,000 deadweight tons shall be equipped with protectively located segregated ballast tanks.
(b) A new product carrier of at least 20,000 deadweight tons shall be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary.
(c) An existing product carrier of at least 40,000 deadweight tons shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks.
(d) An existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks.
(e) An existing product carrier of at least 40,000 deadweight tons, or an existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons that is fitted with high-capacity tank washing machines, shall be equipped with an inert gas system.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L. 115–232, div. C, title XXXV, § 3544(c), Aug. 13, 2018, 132 Stat. 2325.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3706(a)
46:391a(7)(B)
3706(b)
46:391a(7)(C)
3706(c)
46:391a(7)(G)
3706(d)
46:391a(7)(H)
3706(e)
46:391a(7)(I)
Section 3706 requires compliance with certain minimum standards by a product carrier, which is a self-propelled tank vessel.
Section 3706(a) requires new product carriers of 30,000 deadweight tons or above, to have protectively located segregated ballast tanks.
Section 3706(b) requires new product carriers of 20,000 deadweight tons or above, to have a cargo tank protection system consisting of a fixed deck froth system or a fixed inert gas system. If the products carried are incompatible with the cargo tank protection system, then an alternative protection system may be authorized.
Section 3706(c) requires existing product carriers of 40,000 deadweight tons or above, to have segregated ballast tanks or to operate with dedicated clean ballast tanks.
Section 3706(d) requires existing product carriers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks by January 1, 1985, or on the date on which it reaches 15 years of age or, in the alternative, that the vessel operate with dedicated clean ballast tanks.
Section 3706(e) requires existing product carriers of 40,000 deadweight tons or above, or to existing product carriers, fitted with high-capacity tank washing machines, of 20,000 deadweight tons but less than 40,000 deadweight tons, to install an inert gas system.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (d). Pub. L. 115–232 struck out “before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later” before period at end.
46 U.S.C. § 3708 (SHIPPING)
§ 3708. Self-propelled tank vessel minimum standards
A self-propelled tank vessel of at least 10,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title shall be equipped with—
(1) a dual radar system with short-range and long-range capabilities, each with true-north features;
(2) an electronic relative motion analyzer that is at least functionally equivalent to equipment complying with specifications established by the Secretary of Transportation;
(3) an electronic position-fixing device;
(4) adequate communications equipment;
(5) a sonic depth finder;
(6) a gyrocompass; and
(7) up-to-date charts.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104–324, title VII, § 717, Oct. 19, 1996, 110 Stat. 3937.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3708
46:391a(7)(J)
Section 3708 requires compliance with certain minimum standards by a self-propelled tank vessel. These requirements apply to any tank vessel of 10,000 gross tons or above with no distinction being made as to whether or not the vessel is “primarily” constructed or adapted to carry oil or hazardous material in bulk in the cargo spaces. These vessels are required to be equipped with a dual radar system, a computerized relative motion analyzer, an electronic position fixing device, adequate communications equipment, a sonic depth finder, a gyrocompass, and up-to-date charts.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “10,000 gross tons”.
46 U.S.C. § 3710 (SHIPPING)
§ 3710. Evidence of compliance by vessels of the United States
(a) A vessel of the United States to which this chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue must have a certificate of inspection issued under this part, endorsed to indicate that the vessel complies with regulations prescribed under this chapter.
(b) Each certificate endorsed under this section is valid for not more than 5 years and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104–324, title VI, § 605(b), Oct. 19, 1996, 110 Stat. 3931.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3710
46:391a(8)(A)
46:391a(8)(E)
Section 3710 prohibits any vessels of the United States subject to this chapter from having on board oil or hazardous material in bulk as cargo or in residue, unless it has a required Certificate of Inspection endorsed to indicate vessel compliance with applicable regulations. Certificates shall be valid for a period not to exceed two years and may be renewed as specified by the Secretary. The Secretary may issue temporary certificates of not more than thirty days duration and may revoke or suspend any certificate under designated circumstances.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–324 substituted “5 years” for “24 months”.
46 U.S.C. § 3719 (SHIPPING)
§ 3719. Reduction of oil spills from single hull non-self-propelled tank vessels
The Secretary shall, in consultation with the National Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and the size and nature of service of single hull non-self-propelled tank vessels and towing vessels, prescribe regulations requiring a single hull non-self-propelled tank vessel that operates in the open ocean or coastal waters, or the vessel towing it, to have at least one of the following:
(1) A crew member and an operable anchor on board the tank vessel that together are capable of arresting the tank vessel without additional assistance under reasonably foreseeable sea conditions.
(2) An emergency system on the tank vessel or towing vessel that without additional assistance under reasonably foreseeable sea conditions will allow the tank vessel to be retrieved by the towing vessel if the tow line ruptures.
(3) Any other measure or combination of measures that the Secretary determines will provide protection against grounding of the tank vessel comparable to that provided by the measures described in paragraph (1) or (2).
(Added Pub. L. 104–324, title IX, § 901(a), Oct. 19, 1996, 110 Stat. 3946; amended Pub. L. 115–282, title VI, § 601(c)(6)(B)(i), Dec. 4, 2018, 132 Stat. 4290.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 inserted “National” before “Towing Safety” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Regulations
text: Pub. L. 104–324, title IX, § 901(b), Oct. 19, 1996, 110 Stat. 3946, provided that: “The Secretary of the department in which the Coast Guard is operating shall issue regulations required under section 3719 of title 46, United States Code, as added by subsection (a), by not later than October 1, 1997.”
46 U.S.C. § 4101 (SHIPPING)
§ 4101. Application
This chapter applies to an uninspected vessel not subject to chapter 45 of this title—
(1) on the navigable waters of the United States; or
(2) owned in the United States and operating on the high seas.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 100–424, § 8(b), Sept. 9, 1988, 102 Stat. 1593.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4101
46:526u
Section 4101 makes this chapter applicable to uninspected vessels, as defined in section 2101(43), that operate on the navigable waters of the United States or that are owned in the United States and while operating on the high seas. Therefore a vessel that operates on waters that are considered to be solely State waters would not be subject to these Federal requirements.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–424 inserted “not subject to chapter 45 of this title” after “an uninspected vessel”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 4103 (SHIPPING)
§ 4103. Exemptions
(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and individuals on board will not be adversely affected.
(b) Section 4102(a) of this title does not apply to a vessel propelled by outboard motors when competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental to tuning up the vessel and its engines for the race.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100–540, § 2, Oct. 28, 1988, 102 Stat. 2719.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4103
46:525h
Section 4103 contains an exemption from carrying fire extinguishers, for on a vessel competing in an organized race or a vessel designed and intended for racing only.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–540 added subsec. (a) and designated existing provisions as subsec. (b).
46 U.S.C. § 4106 (SHIPPING)
§ 4106. Penalties
If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100–540, § 3, Oct. 28, 1988, 102 Stat. 2719.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4106
46:526o
Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–540 substituted “not more than $5,000” for “$100”.
46 U.S.C. § 4301 (SHIPPING)
§ 4301. Application
(a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.
(b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.
(c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105–383, title III, § 301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4301
46:1453
Section 4301 provides that this chapter is applicable to a recreational vessel that operates on waters subject to the jurisdiction of the United States or that is owned in the United States and while operating on the high seas.
It also provides that a foreign recreational vessel that temporarily uses our waters is not subject to the requirements of this chapter. However, if the vessel remains permanently in the United States, it would be subject to the provisions of this chapter.
Section 4301(c) recognizes the ongoing controversy over the navigability of certain waters of New Hampshire. While a recreational vessel operating on these waters need not meet the requirements of this chapter, it would be prohibited from operating on any other waters subject to the jurisdiction of the United States if it does not comply with these requirements.
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation No. 5928, referred to in subsec. (a), is set out under section 1331 of Title 43, Public Lands.
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–383 inserted “(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)” after “of the United States”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 4307 (SHIPPING)
§ 4307. Prohibited acts
(a) A person may not—
(1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associated equipment, or component of the vessel or equipment unless—
(A)
(i) it conforms with this chapter or a regulation prescribed under this chapter; and
(ii) it does not contain a defect which has been identified, in any communication to such person by the Secretary or the manufacturer of that vessel, equipment or component, as creating a substantial risk of personal injury to the public; or
(B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, including any markings on the outside of the container in which it is to be exported;
(2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or
(3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notification and reporting requirements of this chapter.
(b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531; Pub. L. 98–557, § 8(a), Oct. 30, 1984, 98 Stat. 2862.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4307(a)
46:1461(a)
4307(b)
46:1461(c)
Section 4307 prohibits certain acts in the manufacture and operation of recreational vessels.
heading: Editorial Notes
heading: Amendments
text: 1984—Subsec. (a)(1)(A). Pub. L. 98–557 designated existing provisions as cl. (i), substituted “and” for “or”, and added cl. (ii).
46 U.S.C. § 4308 (SHIPPING)
§ 4308. Termination of unsafe operation
If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational vessel to take immediate and reasonable steps necessary for the safety of individuals on board the vessel, including directing the individual in charge to return to a mooring and to remain there until the situation creating the hazard is corrected or ended.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99–307, § 1(9), May 19, 1986, 100 Stat. 445.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
4308
46:1462
Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If the official observes the vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and remaining there until the hazard is corrected or ended. This does not prevent the assessment of any applicable civil penalties nor the pursuing of appropriate criminal action.
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–307 substituted “individual in charge” for “operator” in two places.
46 U.S.C. § 4501 (SHIPPING)
§ 4501. Application
(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel.
(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 446; amended Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1585.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–424 amended section generally, in subsec. (a) substituting provisions which related to uninspected fish processing vessel entered into service after Dec. 31, 1987, having more than 16 individuals on board primarily employed in preparation of fish on navigable waters of United States or owned in United States and operating on high seas, for provisions which related to uninspected fishing vessel, fish processing vessel, or fish tender vessel, and in subsec. (b) substituting “carriage of bulk” for “carriage of liquid bulk”.
heading: Statutory Notes and Related Subsidiaries
heading: Foreign Built Vessels, Equivalent Compliance Until July 28, 1990
text: Pub. L. 100–424, § 7, Sept. 9, 1988, 102 Stat. 1592, provided that:
“Until July 28, 1990, a foreign built fish processing vessel subject to chapter 45 of title 46, United States Code, is deemed to comply with the requirements of that chapter if—
“(1) it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is a party; and
“(2) it is in compliance with the safety requirements of that foreign country that apply to that vessel.”
46 U.S.C. § 4504 (SHIPPING)
§ 4504. Prohibited acts
A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
(Added Pub. L. 98–364, title IV, § 402(7)(C), July 17, 1984, 98 Stat. 447; amended Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–424 amended section generally, substituting “Prohibited acts” for “Penalties” in section catchline, and provisions prohibiting operation of vessel in violation of this chapter, for provisions which imposed civil penalty not more than $1,000 for operation of vessel in violation of chapter, and liability in rem for penalty.
46 U.S.C. § 4505 (SHIPPING)
§ 4505. Termination of unsafe operations
An official authorized to enforce this chapter—
(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and
(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(a)(2) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 115–282, title V, § 509, Dec. 4, 2018, 132 Stat. 4274.)
heading: Editorial Notes
heading: Amendments
text: 2018—Par. (2). Pub. L. 115–282 substituted “4503(a)(2)” for “4503(1)” and inserted “, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies” before period at end.
46 U.S.C. § 4506 (SHIPPING)
§ 4506. Exemptions
The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and those on board will not be adversely affected.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 102–587, title V, § 5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105–383, title III, § 301(b)(6), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, § 604(b), Oct. 15, 2010, 124 Stat. 2964; Pub. L. 114–120, title III, § 306(a)(5), Feb. 8, 2016, 130 Stat. 54.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–120 struck out subsec. (a) designation before “The Secretary may”.
2010—Subsec. (b). Pub. L. 111–281 struck out subsec. (b) which read as follows: “A vessel to which this chapter applies is exempt from section 4502(b)(2)(B) of this title if it—
“(1) is less than 36 feet in length; and
“(2) is operating—
“(A) in internal waters of the United States; or
“(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.”
1998—Subsec. (b)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: “is not operating on the high seas.”
1992—Subsec. (b). Pub. L. 102–587 substituted “4502(b)(2)(B)” for “4502(b)(2)”.
heading: Executive Documents
heading: Territorial Sea of United States
text: For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.