Regulations
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—
superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers;
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;
equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment;
the manning of vessels and the duties, qualifications, and training of the officers and crew;
improvements in vessel maneuvering and stopping ability and other features that reduce the possibility of marine casualties;
the reduction of cargo loss if a marine casualty occurs; and
the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity.
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.
In prescribing regulations under subsection (a) of this section, the Secretary shall establish procedures for consulting with, and receiving and considering the views of—
interested departments, agencies, and instrumentalities of the United States Government;
officials of State and local governments;
representatives of port and harbor authorities and associations;
representatives of environmental groups; and
other interested parties knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment.
Notes
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Historical and Revision Notes |
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Revised section | Source section (U.S. Code) |
3703 | 46:391a(6) 46:391a(12) |
Oil Fuel Tank Protection
Application.—
An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, that is constructed under a contract entered into after the date of enactment of this Act [
Definition.—
In this subsection the term ‘oil fuel’ means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.”
Regulations for Offshore Supply Vessels of at Least 6,000 Gross Tons
In general.—
Not later than
Interim final rule authority.—
As soon as is practicable and without regard to the provisions of chapters 5 and 6 of title 5, United States Code, the Secretary shall issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this section) for offshore supply vessels of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, and to ensure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels.
Interim period.—
After the effective date of this Act [
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;
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
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
Regulations.—
Within 1 year after the date of enactment of this Act [
shall focus on operations that have the highest risks of discharge, including operations at night and in inclement weather;
shall consider—
requirements for the use of equipment, such as putting booms in place for transfers, safety, and environmental impacts;
operational procedures such as manning standards, communications protocols, and restrictions on operations in high-risk areas; or
both such requirements and operational procedures; and
shall take into account the safety of personnel and effectiveness of available procedures and equipment for preventing or mitigating transfer spills.
Application With State Laws.—
The regulations promulgated under subsection (a) do not preclude the enforcement of any State law or regulation the requirements of which are at least as stringent as requirements under the regulations (as determined by the Secretary) that—
applies in State waters; and
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
Report.—
Within 1 year after the date of enactment of this Act [
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;
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;
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
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.
Measures.—
Based on the findings contained in the report required by subsection (a), the Secretary shall take appropriate action to reduce the risk of oil spills caused by human error.
Confidentiality of Voluntarily Submitted Information.—
The identity of a person making a voluntary disclosure under this section, and any information obtained from any such voluntary disclosure, shall be treated as confidential.
Discovery of Voluntarily Submitted Information.—
In general.—
Except as provided in this subsection, a party in a judicial proceeding may not use discovery to obtain information or data collected or received by the Secretary for use in the report required in subsection (a).
Exception.—
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.
When a court allows discovery in a judicial proceeding as permitted under this paragraph, the court shall issue a protective order—
to limit the use of the data to the judicial proceeding; and
to prohibit dissemination of the data to any person who does not need access to the data for the proceeding.
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.
Application.—
Paragraph (1) shall not apply to—
any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or
any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
Restriction on Use of Data.—
Data that is voluntarily submitted for the purpose of the study required under subsection (a) shall not be used in an administrative action under chapter 77 of title 46, United States Code.”
Preservation of State Authority
Studies Addressing Various Sources of Oil Spill Risk
Study of Group-5 Fuel Oil Spills.—
Definition.—
In this subsection, the term ‘group-5 fuel oil’ means a petroleum-based oil that has a specific gravity of greater than 1.0.
Coordination of study.—
The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a study of the relative environmental and public health risks posed by discharges of group-5 fuel oil.
Matters to be included.—
The study under this subsection shall include a review and analysis of—
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;
cleanup technologies currently available to address actual or threatened discharge of group-5 fuel oil; and
any technological and financial barriers that prevent the prompt remediation of discharges of group-5 fuel oil.
Report.—
Not later than 18 months after the date of enactment of this Act [
Rulemaking.—
If the Secretary of Transportation determines, based on the results of the study under this subsection, that there are significant risks to public health or the environment resulting from the actual or threatened discharge of group-5 fuel oil from a vessel or facility that cannot be technologically or economically addressed by existing or anticipated cleanup efforts, the Secretary may initiate a rulemaking to take such action as is necessary to abate the threat.
Study of Automatic Fueling Shutoff Equipment.—
Coordination of study.—
The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a study of the unintentional or accidental discharge of fuel oil during lightering or fuel loading or off-loading activity.
Matters to be included.—
The study under this subsection shall include a review and analysis of current monitoring and fueling practices to determine the need for automatic fuel shutoff equipment to prevent the accidental discharge of fuel oil, and whether such equipment is needed as a supplement to or replacement of existing preventive equipment or procedures.
Report.—
Not later than 18 months after the date of enactment of this Act [
Rulemaking.—
If the Secretary of Transportation determines, based on the results of the study conducted under this subsection, that the use of automatic oil shutoff equipment is necessary to prevent the actual or threatened discharge of oil during lightering or fuel loading or off[-]loading activity, the Secretary may initiate a rulemaking to take such action as is necessary to abate a threat to public health or the environment.
Lightering Study.—
The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council on a study into the actual incidence and risk of oil spills from lightering operations off the coast of the United States. Among other things, the study shall address the manner in which existing regulations are serving to reduce oil spill risks. The study shall take into account current or proposed international rules and standards and also include recommendations on measures that would be likely to further reduce the risks of oil spills from lightering operations. Not later than 18 months after the date of enactment of this Act [
Existing Tank Vessel Research
Funding.—
The Secretary of Transportation shall take steps to allocate funds appropriated for research, development, testing, and evaluation, including the combination of funds from any source available and authorized for this purpose, to ensure that any Government-sponsored project intended to evaluate double hull alternatives that provide equal or greater protection to the marine environment, or interim solutions to remediate potential environmental damage resulting from oil spills from existing tank vessels, commenced prior to the date of enactment of this section [
Use of Public Vessels.—
The Secretary may provide vessels owned by, or demise chartered to, and operated by the Government and not engaged in commercial service, without reimbursement, for use in and the support of projects sponsored by the Government for research, development, testing, evaluation, and demonstration of new or improved technologies that are effective in preventing or mitigating oil discharges and protecting the environment.”
Oil Spill Prevention and Response Technology Test and Evaluation Program
Not later than 6 months after the date of enactment of this Act [
publish in the Federal Register an invitation for submission of proposals including plans and procedures for testing; and
review and evaluate technology using, to the maximum extent possible, existing evaluation and performance standards.
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.
Not later than 2 years after the date of the enactment of this Act [
Not later than 6 months after the date of the enactment of this Act [
Regulations Requiring Periodic Gauging of Plating Thickness for Oil Carrying Commercial Vessels
establishing minimum standards for plating thickness; and
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
Standards.—
The Secretary may establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks.
Use.—
No sooner than 1 year after the Secretary prescribes regulations under subsection (a), the Secretary may issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of—
overfill devices, and
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
Rules Governing Operation of Vessels on Auto-Pilot or With Unattended Engine Room
Regulations Requiring Escorts for Certain Tankers; “Tanker” Defined
Escorts for Certain Tankers.—
In general.—
The Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary.
Prince william sound, alaska.—
In general.—
The requirement in paragraph (1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on
Implementation of requirements.—
The Secretary of the department in which the Coast Guard is operating shall prescribe interim final regulations to carry out subparagraph (A) as soon as practicable without notice and hearing pursuant to section 553 of title 5 of the United States Code.”