Shipping - 46 USC Section 3702

01/19/04

Sec. 3702. Application

(a) Subject to subsections (b)-(e) of this section, this chapter
applies to a tank vessel.
(b) This chapter does not apply to a documented vessel that would
be subject to this chapter only because of the transfer of fuel
from the fuel supply tanks of the vessel to offshore drilling or
production facilities in the oil industry if the vessel is -
(1) not more than 500 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;
(2) not a tanker; and
(3) in the service of oil exploitation.
(c) This chapter does not apply to a fishing or fish tender
vessel of not more than 500 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 when engaged only in the fishing industry.
(d) This chapter does not apply to a fish processing vessel of
not more than 5,000 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. However, the vessel is subject to regulation by the
Secretary when carrying flammable or combustible liquid cargo in
bulk.
(e) This chapter does not apply to a foreign vessel on innocent
passage on the navigable waters of the United States.
(f) This chapter does not apply to an oil spill response vessel
if -
(1) the vessel is used only in response-related activities; or
(2) the vessel is -
(A) not more than 500 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;
(B) designated in its certificate of inspection as an oil
spill response vessel; and
(C) engaged in response-related activities.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3702 46:391a
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Section 3702, with certain exceptions, makes this chapter
applicable to any tank vessel operating in the navigable waters of
the United States or transferring oil or hazardous materials in any
port or place subject to the jurisdiction of the United States, and
which carries oil or any hazardous materials in bulk as cargo or in
residue, regardless of tonnage, size or manner of propulsion;
whether it is self-propelled or not; whether it is carrying freight
or passengers for hire or not; and whether it is a vessel of the
United States or a foreign vessel.
It exempts certain small vessels documented in the service of oil
exploitation, certain small tender and fishing vessels used in the
Northwest salmon or crab fisheries, certain vessels used in the
processing and assembling of fishery products used in the Northwest
fisheries, public vessels, and foreign vessels engaged on innocent
passage on the navigable waters of the United States. However,
processing vessels, while not treated as tank vessels, are still
subject to regulation when carrying flammable or combustible liquid
cargo in bulk.
AMENDMENTS
1996 - Subsec. (b)(1). Pub. L. 104-324, Sec. 714(1), 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 "500 gross
tons".
Subsec. (c). Pub. L. 104-324, Sec. 714(2), 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 "500 gross tons".
Subsec. (d). Pub. L. 104-324, Sec. 714(3), 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 "5,000 gross tons".
Subsec. (f). Pub. L. 104-324, Sec. 1104(b), added subsec. (f).
1984 - Subsec. (c). Pub. L. 98-364, Sec. 402(6)(A), substituted
"This chapter does not apply to a fishing or fish tender vessel of
not more than 500 gross tons when engaged only in the fishing
industry" for "This chapter does not apply to a cannery tender,
fishing tender, or fishing vessel of not more than 500 gross tons,
used in the salmon or crab fisheries of Alaska, Oregon, or
Washington, when engaged only in the fishing industry".
Subsec. (d). Pub. L. 98-364, Sec. 402(6)(B), substituted "This
chapter does not apply to a fish processing vessel of not more than
5,000 gross tons" for "This chapter does not apply to a vessel of
not more than 5,000 gross tons used in processing and assembling
fishery products of the fisheries of Alaska, Oregon, and
Washington".

Last modified: April 20, 2006