Shipping - 46 USC Section 3703

01/19/04

Sec. 3703. Regulations

(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.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3703 46:391a(6)
46:391a(12)
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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.
STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK
Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat.
3947, provided that:
"(a) Study of Group-5 Fuel Oil Spills. -
"(1) 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.
"(2) 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.
"(3) Matters to be included. - The study under this subsection
shall include a review and analysis of -
"(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) Report. - Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the results of the study under this subsection.
"(5) 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.
"(b) Study of Automatic Fueling Shutoff Equipment. -
"(1) 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.
"(2) 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.
"(3) Report. - Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the results of the study under this subsection.
"(4) 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.
"(c) 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 [Oct. 19, 1996], the Secretary shall submit a report on
the study to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives."
EXISTING TANK VESSEL RESEARCH
Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat.
3985, provided that:
"(a) 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
[Oct. 19, 1996], is fully funded for completion by the end of
fiscal year 1997. Any vessel construction or repair necessary to
carry out the purpose of this section must be performed in a
shipyard located in the United States.
"(b) 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
Pub. L. 103-206, title III, Sec. 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, Sec. 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, Sec. 4110, Aug. 18, 1990, 104 Stat.
515, provided that:
"(a) Standards. - Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall
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.
"(b) Use. - Not later than 1 year after the date of the enactment
of this Act [Aug. 18, 1990], the Secretary shall issue regulations
establishing, consistent with generally recognized principles of
international law, requirements concerning the use of -
"(1) overfill devices, and
"(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the
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, Sec. 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, Sec. 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, Sec. 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, provided that:
"(c) Escorts for Certain Tankers. - Not later than 6 months after
the date of the enactment of this Act [Aug. 18, 1990], 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.
"(d) Tanker Defined. - In this section [amending section 8502 of
this title] the term 'tanker' has the same meaning the term has in
section 2101 of title 46, United States Code."

Last modified: April 20, 2006