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 97 STAT. 490 PUBLIC LAW 98-84—AUG. 23, 1983 Public Law 98-84 98th Congress Joint Resolution Aug. 23, 1983 To designate the week of September 4, 1983, through September 10, J983, as "Youth [S.J. Res. 116] of America Week'. Whereas the children of our Nation are the most valuable natural resource for the future of the country; Whereas the sharing of knowledge, experiences, and wisdom by adults with children will help to nurture the development in our youth of democratic principles and strong moral and spiritual values, so important to the survival and future betterment of our Nation; and Whereas all of the people of the United States can be involved in the development of such important principles and values in the youth of America: Now, therefore, be it Resolved by the Senate and House of Representatives of the United Youth of States of America in Congress assembled, That the week of Septem- America Week. ^er 4, 1983, through September 10, 1983, is designated as "Youth of America Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved August 23, 1983. LEGISLATIVE HISTORY—S.J. Res. 116: CONGRESSIONAL RECORD, Vol. 129 (1983): July 26, considered and passed Senate. Aug. 4, considered and passed House.

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 PUBLIC LAW 98-85—AUG. 26, 1983 97 STAT. 491 Public Law 98-85 98th Congress An Act To designate the Federal Building and United States Courthouse at 450 Golden Gate ^^g 26 1983 Avenue, San Francisco, California, as the Phillip Burton Federal Building and ^'' United States Courthouse. [H.R. 2895] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Phillip Burton Building and United States Courthouse at 450 Golden Gate Avenue, Federal Building San Francisco, California, shall hereafter be known and designated courthouse, as the "Phillip Burton Federal Building and United States Court- designation! house". Any reference in any law, map, regulation, document, record, or any other paper of the United States to such building shall be deemed to be a reference to the "Phillip Burton Federal Building and United States Courthouse". Approved August 26, 1983. LEGISLATIVE HISTORY—H.R. 2895: HOUSE REPORT No. 98 -152 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): May 23, considered and passed House. Aug. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 97.djvu/524

 97 STAT. 492 PUBLIC LAW 98-86—AUG. 26, 1983 Aug. 26, 1983 [H.R. 3232] Travel and transportation expenses for Justice Department personnel. 28 USC 530. 5 USC 5723. Public Law 98-86 98th Congress An Act To amend title 28 of the United States Code to authorize payment of travel and transportation expenses of newly appointed special agents of the Department of Justice. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 31 of title 28 of the United States Code is amended by adding at the end the following new section: "§530. Payment of travel and transportation expenses of newly appointed special agents "The Attorney General or the Attorney General's designee is authorized to pay the travel expenses of newly appointed special agents and the transportation expenses of their families and house- hold goods and personal effects from place of residence at time of selection to the first duty station, to the extent such payments are authorized by section 5723 of title 5 for new appointees who may receive payments under that section.". SEC. 2. The table of sections at the beginning of chapter 31 of title 28 of the United States Code is amended by adding at the end thereof the following new item: "530. Payment of travel and transportation expenses of newly appointed special agents.". Approved August 26, 1983. LEGISLATIVE HISTORY—H.R. 3232: CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 1, considered and passed House. Aug. 4, considered and passed Senate.

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 PUBLIC LAW 98-87 —AUG. 26, 1983 97 STAT. 493 Public Law 98-87 98th Congress Joint Resolution Providing for appointment of Jeannine Smith Clark as a citizen regent of the Board Aug. 26, 1983 of Regents of the Smithsonian Institution. rjj j ^gg 297V Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy Smithsonian in the Board of Regents of the Smithsonian Institution, of the class institution. other than Members of Congress, caused by the death of Nancy Hanks of the District of Columbia on January 7, 1983, is filled by appointment of Jeannine Smith Clark of the District of Columbia for the statutory term of six years. Approved August 26, 1983. LEGISLATIVE HISTORY—H.J. Res. 297 (S.J. Res. 103): HOUSE REPORT No. 98-329 (Comm. on House Administration). SENATE REPORT No. 98 -197 accompanying S.J. Res. 103 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 1, considered and passed House. Aug. 4, considered and passed Senate.

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 97 STAT. 494 PUBLIC LAW 98-88 —AUG. 26, 1983 Aug. 26, 1983 [H.R. 3190] Extra Long Staple Cotton Act of 1983. 7 USC 1421 note. Repeal. 7 USC 1347. 7 USC 1441. 7 USC 1342 note. 7 USC 1342-1344, 1344b, 1345, 1346, 1377. 7 USC 1444. Loans. Payments. Public Law 98-88 98th Congress An Act To establish an improved program for extra long staple cotton. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Extra Long Staple Cotton Act of 1983". SEC. 2. Section 347 of the Agricultural Adjustment Act of 1938, as amended, and section 101(f) of the Agricultural Act of 1949, as amended, are repealed effective beginning with the 1984 crop of extra long staple cotton. SEC. 3. Sections 342, 343, 344, 344a, 345, 346, and 377 of the Agricultural Adjustment Act of 1938, as amended, shall not be applicable to the 1984 and subsequent crops of extra long staple cotton. SEC. 4. Effective beginning with the 1984 crop of extra long staple cotton, section 103 of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof a new subsection as follows: "(h)(1) For purposes of this subsection, extra long staple cotton means cotton which is produced from pure strain varieties of the Barbadense species or any hybrid thereof, or other similar types of extra long staple cotton, designated by the Secretary, having charac- teristics needed for various end uses for which American upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of such varieties or types and which is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experi- mental purposes. "(2) The Secretary shall, upon presentation of warehouse receipts reflecting accrued storage charges of not more than sixty days, make available to producers nonrecourse loans for a term of ten months from the first day of the month in which the loan is made at a level which is not less than 50 per centum in excess of the loan level established for each crop of Strict Low Middling one and one- sixteenth inch upland cotton (micronaire 3.5 through 4.9) at average location in the United States. If authorized by the Secretary, nonre- course loans provided for in this subsection may, upon request of the producer during the tenth month of the loan period for the cotton, be made available for an additional term of eight months. The loan level for any crop of extra long staple cotton shall be determined and announced by the Secretary not later than November 1 of the calendar year preceding the marketing year for which such loan is to be effective and such level shall not thereafter be changed. "(3)(A) In addition, payments shall be made for each crop of extra long staple cotton to producers on each farm at a rate equal to the amount by which the higher of— "(i) the average market price received by farmers for extra long staple cotton during the first eight months of the market- ing year for such crop, as determined by the Secretary, or

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 PUBLIC LAW 98-88 —AUG. 26, 1983 97 STAT. 495 "(ii) the loan level determined under paragraph (2) of this subsection for such crop, is less than the established price per pound times, in each case, the farm program acreage for extra long staple cotton (determined in accordance with paragraph (6) or paragraph (8)( A) of this subsection, but in no event on a greater acreage than the acreage actually planted to extra long staple cotton for harvest), multiplied by the farm program payment yield for extra long staple cotton (deter- mined in accordance with paragraph (7) of this subsection). "(B) The established price for each crop of extra long staple cotton shall be 120 per centum of the loan level determined for such crop under paragraph (2) of this subsection. "(C) If the Secretary establishes an acreage limitation program for a crop of extra long staple cotton in accordance with paragraph (8)(A) of this subsection and determines that deficiency payments will likely be made for such crop of extra long staple cotton under subparagraph (A) of this paragraph, the Secretary may make avail- able advance deficiency payments for such crop to producers who agree to participate in the acreage limitation program. Such ad- vance payments shall be made available to producers as soon as practicable after the producer files a notice of intention to partici- pate in such acreage limitation program and in such amount as the Secretary determines appropriate to encourage adequate participa- tion in such program, except that such amount shall not exceed an amount determined by multiplying (i) the estimated farm program acreage for the crop, by (ii) the farm program payment yield for the crop, by (iii) 50 per centum of the projected payment rate, as determined by the Secretary. In any case in which the deficiency payment payable to a producer for a crop, as finally determined by the Secretary under subparagraph (A) of this paragraph, is less than the amount paid to the producer as an advance deficiency payment under this paragraph, the producer shall refund an amount equal to the difference between the amount advanced and the amount finally determined by the Secretary to be payable to the producer. If the Secretary determines that no deficiency payments are due producers on a crop, the producer who received advanced payments on such crop shall refund such payments. If a producer fails to comply with the requirements under the acreage limitation program after obtaining an advance deficiency payment under this paragraph, the producer shall immediately repay the amount of the advance, plus interest thereon in such amount as the Secretary shall prescribe. "(4) The Secretary shall establish for each crop of extra long staple cotton a national program acreage. Such national program acreage shall be announced by the Secretary not later than Novem- ber 1 of the calendar year preceding the year for which such acreage is established. The Secretary may revise the national program acreage first announced for any crop year for the purpose of deter- mining the allocation factor under paragraph (5) of this subsection if the Secretary determines it necessary based upon the latest infor- mation, and the Secretary shall announce such revised national program acreage as soon as it has been made. The national program acreage shall be the number of harvested acres the Secretary deter- mines (on the basis of the estimated weighted national average of the farm program payment yields for the crop for which the deter- mination is made) will produce the quantity (less imports) of extra long staple cotton that the Secretary estimates will be utilized domestically and for export during the marketing year for such Acreage limitation program. National program acreage.

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 97 STAT. 496 PUBLIC LAW 98-88—AUG. 26, 1983 Farm program acreage. Farm program payment yield. crop. The national program acreage shall be subject to such adjust- ment as the Secretary determines necessary, taking into considera- tion the estimated carryover supply and the stocks not accounted for by official domestic consumption and export data, so as to provide for an adequate but not excessive total supply of extra long staple cotton for the marketing year for the crop for which such national program acreage is established. In no event shall the national program acreage be less than sixty thousand acres. "(5) The Secretary shall determine a program allocation factor for each crop of extra long staple cotton. The allocation factor (not to exceed 100 per centum) shall be determined by dividing the national program acreage for the crop by the number of acres that the Secretary estimates will be harvested for such crop. "(6) The individual farm program acreage for each crop of extra long staple cotton shall be determined by multiplying the allocation factor by the acreage of extra long staple cotton planted for harvest on each farm for which individual farm program acreages are required to be determined. The farm program acreage shall not be further reduced by application of the allocation factor if the pro- ducers reduce the acreage of extra long staple cotton planted for harvest on the farm from the acreage base established for the farm under paragraph (8)(A) of this subsection by at least the percentage recommended by the Secretary in the announcement of the national program acreage. The Secretary shall provide fair and equitable treatment for producers on farms on which the acreage of extra long staple cotton planted for harvest is less than the acreage base established for the farm under paragraph (8)(A) of this subsection, but for which the reduction is insufficient to exempt the farm from the application of the allocation factor. In establishing the allocation factor for extra long staple cotton, the Secretary may make such adjustment as the Secretary deems necessary to take into account the extent of exemption of farms under the foregoing provisions of this paragraph. "(7) The farm program payment yield for each crop of extra long staple cotton shall be determined on the basis of the actual yields per harvested acre on the farm for the preceding three years, except that the actual yields shall be adjusted by the Secretary for abnor- mal yields in any year caused by drought, flood, or other natural disaster, or other condition beyond the control of the producers. In case farm yield data for one or more years are unavailable or there was no production, the Secretary shall provide for appraisals to be made on the basis of actual yields and program payment yields for similar farms in the area for which data are available. Notwith- standing the foregoing provisions of this paragraph in the determi- nation of yields, the Secretary shall take into account the actual yields proved by the producer, and neither such yields nor the farm program payment yield established on the basis of such yields shall be reduced under other provisions of this paragraph. If the Secre- tary determines it necessary, the Secretary may establish national. State, or county program payment yields on the basis of historical yields, as adjusted by the Secretary to correct for abnormal factors affecting such yields in the historical period, or, if such data are not available, on the Secretary's estimate of actual yields for the crop year involved. If national. State, or county program payment yields are established, the farm program payment yields shall balance to the national. State, or county program payment yields.

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 PUBLIC LAW 98-88 —AUG. 26, 1983 97 STAT. 497 "(8)(A) Notwithstanding any other provision of this subsection, the Secretary may establish a limitation on the acreage planted to extra long staple cotton if the Secretary determines that the total supply of extra long staple cotton, in the absence of such limitation, will be excessive taking into account the need for an adequate carryover to maintain reasonable and stable prices and to meet a national emer- gency. Such limitation shall be achieved by applying a uniform percentage reduction to the acreage base for each extra long staple cotton-producing farm. Producers who knowingly produce extra long staple cotton in excess of the permitted acreage for the farm shall be ineligible for extra long staple cotton loans and payments with respect to that farm. The acreage base for any farm for the purpose of determining any reduction required to be made for any year as a result of a limitation under this subparagraph shall be the average acreage planted on the farm to extra long staple cotton for harvest in the three crop years immediately preceding the year prior to the year for which the determination is made. For the purpose of the preceding sentence, acreage planted to extra long staple cotton for harvest shall include any acreage which the producers were pre- vented from planting to extra long staple cotton or other noncon- serving crops in lieu of extra long staple cotton because of drought, flood, or other natural disaster or other condition beyond the control of the producers. The Secretary may make adjustments to reflect established crop-rotation practices and to reflect such other factors as the Secretary determines should be considered in determining a fair and equitable base. There is hereby established for the 1984, 1985, and 1986 crops an acreage base reserve equal to 5 per centum of the total of the farm acreage bases established for the crop under the foregoing provisions of this subparagraph. Such reserve shall be in addition to the total of the farm acreage bases and shall be used by the county committees, in accordance with regulations of the Secretary, for making adjustments of farm acreage bases to correct inequities and prevent hardship, and for establishing bases for farms on which no extra long staple cotton was planted during the preceding four years. A number of acres on the farm determined by dividing (i) the product obtained by multiplying the number of acres required to be withdrawn from the production of extra long staple cotton times the number of acres actually planted to such commod- ity, by (ii) the number of acres authorized to be planted to such commodity under the limitation established by the Secretary, shall be devoted to conservation uses, in accordance with regulations issued by the Secretary, which will assure protection of such acreage from weeds and wind and water erosion. The number of acres so determined is hereafter in this subsection referred to as 'reduced acreage*. The Secretary may permit, subject to such terms and conditions as the Secretary may prescribe, all or any part of the reduced acreage to be devoted to sweet sorghum, hay and grazing, or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, rye, or other commodity, if the Secretary determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not affect farm income adversely. If an acreage limitation program is announced under this paragraph for a crop of extra long staple cotton, paragraphs (4), (5), and (6) of this subsection shall not be applicable to such crop, including any prior announcement which may have been made under such paragraphs with respect to such Acreage limitation. Acreage base

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Rh been endeavouring to convince Robin of his fault, but to no purpose; he did not like to be taught what he still persuaded himself he could do by his own exertions; she therefore applied herself to Flapsy. "Come, my dear," said she, "get ready to follow me when your father returns, for the sun casts a great heat here, and the nest will be quite comfortable to you." Flapsy dreaded the experiment; however, as she could not but blame both Robin and Dicky's conduct, she resolved to do her best, but entreated her mother to inform her very particularly how to proceed. "Well, then," said the tender parent, "observe me. First bend your legs then spring from the ground as quick as you can, stretching your wings straight out on each side of your body as you rise; shake them with a quick motion, as you will see me do, and the air will yield to you, and at the same time support your weight; whichever way you want to turn, strike the air with the wing on the contrary side, and that will bring you about." She then rose from the ground, and having practised two or three times repeatedly what she had been teaching, Flapsy at length ventured to follow her, but with a palpitating heart; and was soon happily seated in the nest by the side of

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Page:United States Statutes at Large Volume 97.djvu/530

 97 STAT. 498 PUBLIC LAW 98-88—AUG. 26, 1983 Land diversion payments. Contract bids. Acreage limitation. Program participation. Program deadlines or other requirements. crop. The individual farm program acreage shall be the actual acreage planted on the farm to extra long staple cotton for harvest within the permitted extra long staple cotton acreage for the farm as established under this paragraph. "(B) The Secretary may make land diversion payments to pro- ducers of extra long staple cotton, whether or not an acreage limitation program for extra long staple cotton is in effect, if the Secretary determines that such land diversion payments are necessary to assist in adjusting the total national acreage of extra long staple cotton to desirable goals. Such land diversion payments shall be made to producers who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in accordance with land diversion contracts entered into by the Secretary with such producers. The amounts payable to producers under land diversion contracts may be determined through the submission of bids for such contracts by producers in such manner as the Secretary may prescribe or through such other means as the Secretary determines appropriate. In determining the acceptability of contract offers, the Secretary shall take into consideration the extent of the diversion to be undertaken by the producers and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to affect adversely the economy of the county or local community. "(C) The reduced acreage and the diverted acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purpose of the foregoing sentence. The Secretary may provide for an additional payment on such acreage in an amount determined by the Secretary to be appropriate in rela- tion to the benefit to the general public if the producer agrees to permit, without other compensation, access to all or such portion of the farm, as the Secretary may prescribe, by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. "(9) An operator of a farm desiring to participate in the program conducted under paragraph (8) of this subsection shall execute an agreement with the Secretary providing for such participation not later than such date as the Secretary may prescribe. The Secretary may, by mutual agreement with the producers on the farm, termi- nate or modify any such agreement if the Secretary determines such action necessary because of an emergency created by drought or other disaster or to prevent or alleviate a shortage in the supply of agricultural commodities. "(10) The Secretary shall provide for the sharing of payments made under this subsection for any farm among the producers on the farm on a fair and equitable basis. "(11) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. "(12) If the failure of a producer to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans and payments, the Secretary may, nevertheless, make such loans and payments in such amounts as the Secretary determines to be equitable in relation to the seriousness of the failure. The Secretary may authorize the county and State committees established under section 8(b) of the Soil Conservation

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 PUBLIC LAW 98-88 —AUG. 26, 1983 97 STAT. 499 and Domestic Allotment Act to waive or modify deadlines and other 16 USC 590h. program requirements in cases in which lateness or failure to meet such other requirements does not affect adversely the operation of the program. "(13) The Secretary may issue such regulations as the Secretary determines necessary to carry out the provisions of this subsection. "(14) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. "(15) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall 16 USC 590h. apply to payments made under this subsection. "(16) Notwithstanding any other provision of law, compliance on a farm with the terms and conditions of any other commodity pro- gram may not be required as a condition of eligibility for loans or payments under this subsection. "(17) In order to encourage and assist producers in the orderly ginning and marketing of their extra long staple cotton production, the Secretary shall make recourse loans available to such producers on seed cotton in accordance with authority vested in the Secretary under the Commodity Credit Corporation Charter Act. 15 USC 714 note. "(18) References made in sections 402, 403, 406, 407, and 416 to the 7 USC 1422, terms 'support price', 'level of support', and 'level of price support' 1^23, 1426, shall be considered to apply as well to the level of loans for extra ' long staple cotton under this subsection; and references to the terms 'price support', 'price support operations', and 'price support pro- gram' in such sections and in section 401(a) shall be considered as 7 USC 1421. applying as well to the loan operations for extra long staple cotton under this subsection.". SEC. 5. Section 407 of the Agricultural Act of 1949, as amended, is 7 USC 1427. amended by adding at the end thereof the following: "Notwithstand- ing any other provision of law, beginning upon the enactment of the Extra Long Staple Cotton Act of 1983, the Commodity Credit Corpo- Ante, p. 494. ration may sell extra long staple cotton for unrestricted use at such price levels as the Secretary determines appropriate to maintain and expand export and domestic markets for such cotton.". SEC. 6. Section 1101(1) of the Agriculture and Food Act of 1981 is 7 USC 1308. amended by deleting "and rice" and inserting in lieu thereof "extra long staple cotton, and rice". Approved August 26, 1983. LEGISLATIVE HISTORY—H.R. 3190: HOUSE REPORT No. 98 -256 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 129 (1983): June 27, considered and passed House. Aug. 4, considered and passed Senate.

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 97 STAT. 500 PUBLIC LAW 98-89—AUG. 26, 1983 Aug. 26, 1983 [S. 46] Shipping. Enactment as subtitle II of title 46, United States Code. 46 USC note prec. 2101. Public Law 98-89 98th Congress An Act To revise, consolidate, and enact certain laws related to vessels and seamen as subtitle II of title 46, United States Code, "Shipping". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SUBTITLE II OF TITLE 46, UNITED STATES CODE SECTION 1. Certain general and permanent laws of the United States, related to vessels and seamen, are revised, consolidated, and enacted as title 46, United States Code, "Shipping", as follows: TITLE 46—SHIPPING SUBTITLE Sec. I. [Reserved—general] 101 II. Vessels and seamen 2101 [BALANCE OF TITLE RESERVED] SUBTITLE II—VESSELS AND SEAMEN PART A—GENERAL PROVISIONS Chapter Sec. 21. General 2101 23. Operation of vessels generally 2301 PART B—INSPECTION AND REGULATION OF VESSELS 31. General 3101 33. Inspection generally 3301 35. Carriage of passengers 3501 37. Carriage of liquid bulk dangerous cargoes 3701 39. Carriage of animals 3901 41. Uninspected vessels 4101 43. Recreational vessels 4301 [PART C—RESERVED FOR LOAD LINES OF VESSELS] PART D—MARINE CASUALTIES 61. Reporting marine casualties 6101 63. Investigating marine casualties 6301 PART E—LICENSES, CERTIFICATES, AND MERCHANT MARINERS' DOCUMENTS 71. Licenses and certificates of registry 7101 73. Merchant mariners' documents 7301 75. General procedures for licensing, certification, and documentation 7501 77. Suspension and revocation 7701 PART F—MANNING OF VESSELS 81. General 8101 83. Masters and officers 8301 85. Pilots 8501 87. Unlicensed personnel 8701 89. Small vessel manning 8901 91. Tank vessel manning standards 9101 93. Great Lakes pilotage 9301

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 501 PART G—MERCHANT SEAMEN PROTECTION AND REUEF 101. General 10101 103. Foreign and intercoastal voyages 10301 105. Coastwise voyages 10501 107. Effects of deceased seamen 10701 109. Proceedings on unseaworthiness 10901 111. Protection and relief 11101 113. Official logbooks 11301 115. Offenses and penalties 11501 PART H—IDENTIFICATION OF VESSELS 121. Documentation of vessels 12101 123. Numbering undocumented vessels 12301 PART I—STATE BOATING SAFETY PROGRAMS 131. Recreational boating safety 13101 [PART J—RESERVED FOR MEASUREMENT OF VESSELS] PART A—GENERAL PROVISIONS CHAPTER 21—GENERAL Sec. 2101. General definitions. 2102. Limited definitions. 2103. Superintendence of the merchant marine. 2104. Delegation. 2105. Report. 2106. Liability in rem. 2107. Civil penalty procedures. 2108. Refund of penalties. 2109. Public vessels. 2110. Fees prohibited. 2111. Pay for overtime services. 2112. Authority to change working hours. 2118. Authority to exempt certain vessels. §2101. General deHnitions In this subtitle— (1) "associated equipment"— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) does not include radio equipment. (2) "barge" means a non-self-propelled vessel. (3) "Boundary Line" means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). (4) "Coast Guard" means the organization established and continued under section 1 of title 14. 14 USC l. (5) "commercial service" includes any type of trade or busi- ness involving the transportation of goods or individuals, except service performed by a combatant vessel. (6) "consular officer" means an officer or employee of the United States Government designated under regulations to grant visas. (7) "crude oil" means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which

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 97 STAT. 502 PUBLIC LAW 98-89—AUG. 26, 1983 certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (8) "crude oil tanker" means a tanker engaged in the trade of carrying crude oil. (9) "discharge", when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. (10) "documented vessel" means a vessel for which a certifi- cate of documentation has been issued under chapter 121 of this Post, p. 584. title. (11) "fisheries" includes planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation at a place in the fishery conserva- tion zone established by section 101 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811). (12) "foreign vessel" means a vessel of foreign registry or operated under the authority of a country except the United States. (13) "freight vessel" means a motor vessel of more than 15 gross tons that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. (14) "hsizardous material" means a liquid material or sub- stance that is— (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 104 of the Hazardous Material Transportation Act (49 U.S.C. 1803); (15) "marine environment" means— (A) the navigable waters of the United States and the land and resources in and under those waters; (B) the waters and fishery resources of an area over which the United States asserts exclusive fishery manage- ment authority; (C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and (D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)-(C) of this clause. (16) "motor vessel" means a vessel propelled by machinery other than steam. (17) "nautical school vessel" means a vessel operated by or in connection with a nautical school. (18) "oceanographic research vessel" means a vessel that the , Secretary finds is being employed only in instruction in ocean- ography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research. (19) "offshore supply vessel" means a motor vessel of more than 15 gross tons but less than 500 gross tons that regularly carries goods, supplies, or equipment in support of exploration,

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 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 503 exploitation, or production of offshore mineral or energy resources and is not a small passenger vessel. (20) "oil" includes oil of any type or in any form, including petroleum, fuel oil, sludge, oil refuse, and oU mixed with wastes except dredged spoil. (21) "passenger"— (A) on a passenger vessel, means an individual carried on the vessel except— (i) the master; or (ii) a crewmember. (B) on a small passenger vessel, means an individual carried on the vessel except— (i) the owner or representative of the owner; (ii) the master or a crewmember engaged in the business of the vessel who has not contributed consider- ation for carriage and who is paid for services; (iii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; (iv) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; (v) a guest on board a vessel that is being operated only for pleasure, or a guest on board a sailing school vessel, who has not contributed consideration for car- riage on board; (vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board; or (vii) a sailing school instructor or sailing school stu- dent. (C) on an offshore supply vessel, means an individual carried on the vessel except— (i) the owner; (ii) a representative of the owner; (iii) the master; (iv) a crewmember engjaged in the business of the vessel who has not contributed consideration for car- riage on board and who is paid for services on board; (v) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (vi) a charterer of the vessel; (vii) a person with the same relationship to a char- terer as a person in subclause (ii) or (v) of this subclause has to an owner; (viii) a person employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; or (ix) a guest who has not contributed consideration for carriage on board. (D) on an uninspected passenger vessel, means an individ- ual carried on the vessel except— (i) the owner or representative of the owner; (ii) the managing operator; (iii) a crewmember engaged in the business of the vessel who has not contributed consideration for car- riage on board and who is paid for services on board; or

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 97 STAT. 504 PUBLIC LAW 98-89—AUG. 26, 1983 (iv) a guest on board a vessel that is being operated only for pleasure who has not contributed considera- tion for carriage on board. (22) "passenger vessel" means a vessel of at least 100 gross tons carrying at least one passenger for hire. (23) "product carrier" means a tanker engaged in the trade of carrying oil except crude oil. (24) "public vessel" means a vessel that— (A) is owned, or demise chartered, and operated by the United States (government or a government of a foreign country; and (B) is not engaged in commercial service. (25) "recreational vessel" means a vessel— (A) being manufactured or operated primarily for pleas- ure; or (B) leased, rented, or chartered to another for the latter's pleasure. (26) "recreational vessel manufacturer" means a person engaged in the manufacturing, construction, assembly, or im- portation of recreational vessels, components, or associated equipment. (27) "sailing instruction" mesms teaching, research, and prac- tical experience in operating vessels propelled primarily by sail and may include any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nauticad and marine sciences, and maritime history and literature. (28) "sailing school instructor" means an individual who is on board a sailing school vessel to provide sailing instruction, but does not include an operator or crewmember who is among those required to be on board the vessel to meet a requirement Post, p. 547. established under part F of this subtitle. (29) "sailing school student" means an individual who is on board a sailing school vessel to receive sailing instruction. (30) "sailing school vessel" means a vessel— (A) that is less than 500 gross tons; (B) carrying at least 6 individuals who are sailing school instructors or sailing school students; (C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and (D) owned or demise chartered, and operated by an orga- nization described in section 501(c)(3) of the Internal Reve- nue Code of 1954 (26 U.S.C. 501(c)(3)) and exempt from tax 26 USC 501. under section 501(a) of that Code, or by a State or political subdivision of a State, during times that the vessel is operated by the orgemization. State, or political subdivision only for sailing instruction. (31) "scientific personnel" means individuals on board an oceanographic research vessel only to eng£^e in scientific re- search, or to instruct or receive instruction in oceanography or limnology. (32) "seagoing barge" means a non-self-propelled vessel of at least 100 gross tons making voyages beyond the Boundary Line. (33) "seagoing motor vessel" means a motor vessel of at least 30 gross tons making voyages beyond the Boundary Line. (34) "Secretary" means the head of the department in which the Coast Guard is operating.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 505 (35) "small passenger vessel" means a vessel of less than 100 gross tons carrsdng more than 6 passengers (as defined in clause (21)(B) and (C) of this section). (36) "State" means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (37) *^team vessel" means a vessel propelled in whole or in part by steam, except a recreational vessel of not more than 40 feet in length. (38) "tanker" means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. (39) "tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that— (A) is a vessel of the United States; (B) operates on the navigable waters of the United States; or (C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. (40) "towing vessel" means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or haul- ing along side, or any combination of pulling, pushing, or hauling along side. (41) undocumented" means not having and not required to have a document issued under chapter 121 of this title. Post, p. 584. (42) "uninspected passenger vessel" means an uninspected vessel carrying not more than 6 passengers. (43) "uninspected vessel" ttieans a vessel not subject to inspec- tion under section 3301 of this title that is not a recreational vessel. (44) "United States", when used in a geographic sense, means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the North- em Mariana Islands, and any other territory or possession of the United States. (45) "vessel" has the same meaning given that term in section 3 of title 1. 1 USC 3. (46) "vessel of the United States" means a vessel documented or numbered under the laws of the United States. § 2102. Limited definitions In chapters 43 and 123 of this title and part I of this subtitle— Post, pp. 529,590, (1) "eligible State" means a State that has a State recrea- ^^'^• tional boating safety and facilities improvement program ac- cepted by the Secretary. (2) "State" and "United States", in addition to their meanings under section 2101 (36) and (44) of this title, include the Trust Territory of the Pacific Islands. (3) "State recreationsQ boating facilities improvement program"— (A) means a program to develop or improve public facili- ties that establish or add to public access to the waters of the United States to improve their suitability for recre- ational boating, including ancillary facilities necessary to ensure the safe use of those facilities; and

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 97 STAT. 506 PUBLIC LAW 98-89 —AUG. 26, 1983 (B) includes acquiring title or an interest in riparian or submerged land, and the capital improvement of riparian or submerged land, to increase public access to the waters of the United States. (4) "State recreational boating safety and facilities improve- ment program" means a State recreational boating safety pro- gram, or a State recreational boating facilities improvement program, or both. (5) "State recreational boating safety program" means educa- tion, assistance, and enforcement activities conducted for marine casualty prevention, reduction, and reporting for recre- ational boating. § 2103. Superintendence of the merchant marine The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another ofRcial of the United States Government. In the interests of marine safety and seamen's welfare, the Secre- tary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle and regulations prescribed under this subtitle. § 2104. Delegation (a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers. (b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury. § 2105. Report The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment. § 2106. Liability in rem When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in a district court of the United States in which the vessel is found. § 2107. Civil penalty procedures (a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or a regulation prescribed under this subtitle for which a civil penalty is provided, is liable to the United States Government for the civil penalty pro- vided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 507 (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle until the assessment is referred to the Attorney Gleneral. (c) If a person fails to pay an assessment of a civil penalty after it Failure to pay has become final, the Secretary may refer the matter to the Attor- assessment. ney General for collection in an appropriate district court of the United States. § 2108. Refund of penalties The Secretary may refund or remit a civil penalty collected under this subtitle if— (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penrnty was unlawfully, improperly, or excessively imposed. § 2109. Public vessels This subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a C!oast Guard or a Saint Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department. § 2110. Fees prohibited Fees may not be charged or collected by the Secretary for services provided for in this subtitle related to the engagement and discharge of seamen, the inspection and examination of vessels, the licensing of masters, mates, pilots, and engineers, and the measurement or documentation of vessels, except when specifically provided for in this subtitle. § 2111. Pay for overtime services (a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to— (1) the inspection of vessels or their equipment; (2) the engagement and discharge of crews of vessels; (3) the measurement of vessels; and (4) the documentation of vessels. (b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day's additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days' pay for any one period from 5 p.m. to 8 a.m. (c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days' pay. (d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be maoe from the annual appro- priations for salaries and expenses of the Coast Guard. (e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report

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 97 STAT. 508 PUBLIC LAW 98-89 —AUG. 26, 1983 for duty and have reported, even if services requested were not performed. § 2112. Authority to change working hours In a port at which the customary working hours begin before 8 a.m. or end after 5 p.m., the Secretary may regulate the working hours of the officers and employees referred to in section 2111 of this title so that those hours conform to the prevailing working hours of the port. However— (1) the total period for which overtime pay may be required under section 2111 of this title may not be more than 15 hours between any 2 periods of ordinary working hours on other than Sundays and holidays; (2) the length of the working day for the officers and employees involved may not be changed; and (3) the rate of overtime pay may not be changed. § 2113. Authority to exempt certain vessels If the Secretary decides that the application of a provision of part Post, pp. 509,547. B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may— (1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; and (2) exempt the oceanographic research vessel from that provi- sion under conditions the Secretary may specify. CHAPTER 23—OPERATION OF VESSELS GENERALLY Sec. 2301. Application. 2302. Penalties for negligent operations. 2303. Duties related to marine casualty assistance and information. 2304. Duty to provide assisttmce at sea. 2305. Injunctions. §2301. Application This chapter applies to a vessel operated on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas. § 2302. Penalties for negligent operations (a) A person operating a vessel in a negligent manner that endan- gers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000. (b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person shall be fined not more than $5,000, imprisoned for not more than one year, or both. (c) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is— (1) owned by a State or a political subdivision of a State; (2) operated principally for governmental purposes; and (3) identified clearly as a vessel of that State or subdivision.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 509 § 2303. Duties related to marine casualty assistance and informa- tion (a) The master or individual in charge of a vessel involved in a marine casualty shall— (1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and (2) give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged. (b) An individual violating this section or a regulation prescribed Fine and under this section shall be fined not more than $1,000 or imprisoned imprisonment. for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine. (c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for dameiges as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treat- ment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances. § 2304. Duty to provide assistance at sea (a) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board. (b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. §2305. lujunctions (a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government. (b) When practicable, the Secretary shall— Notice. (1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and (2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance. (c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief PART B—INSPECTION AND REGULATION OF VESSELS CHAPTER 31—GENERAL Fine and imprisonment. Sec. 3101. Authority to suspend inspection.

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 97 STAT. 510 PUBLIC LAW 98-89—AUG. 26, 1983 § 3101. Authority to suspend inspection When the President decides that the needs of foreign commerce require, the President may suspend a provision of this part for a foreign-built vessel registered as a vessel of the United States on conditions the President may specify. CHAPTER 33—INSPECTION GENERALLY Sec. 3301. Vessels subject to inspection. 3302. Exemptions. 3303. Reciprocity for foreign vessels. 3304. Carrying individuals in addition to crew. 3305. Scope and standards of inspection. 3306. Regulations. 3307. Frequency of inspection. 3308. Examinations. 3309. Certificate of inspection. 3310. Records of certification. 3311. Certificate of inspection required. 3312. Display of certificate of inspection. 3313. Compliance with certificate of inspection. 3314. Expiration of certificate of inspection. 3315. Disclosure of defects and protection of informants. 3316. United States classification societies. 3317. Fees. 3318. Penalties. § 3301. Vessels subject to inspection The following categories of vessels are subject to inspection under this part: (1) freight vessels. (2) nautical school vessels. (3) offshore supply vessels. (4) passenger vessels. (5) sailing school vessels. (6) seagoing barges. (7) seagoing motor vessels. (8) small passenger vessels. (9) steam vessels. ^..j,. (10) tank vessels. § 3302. Exemptions (a) A vessel is not excluded from one category only because the vessel is— (1) included in another category of section 3301 of this title; or (2) excluded by this section from another category of section 3301 of this title. (b) A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title. (c)(1) Before January 1, 1988, a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and— (A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and (B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 511 (2) Before January 1, 1988, a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington. (d)(1) A motor vessel of less than 150 gross tons, constructed before August 23, 1958, is not subject to inspection under section 3301(1) of this title if the vessel is owned or demise chartered to a cooperative or association that only transports cargo owned by at least one of its members on a nonprofit basis between places within the waters of— (A) southeastern Alaska shoreward of the Boundary Line; or (B) southeastern Alaska shoreward of the Boundary Line and— (i) Prince Rupert, British Columbia; or (ii) waters of Washington shoreward of the Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933, between the United States 49 Stat. 2685. and Canada defining certain waters as sheltered waters. (2) The transportation authorized under this subsection is limited to and from places not receiving annual weekly transportation service from any part of the United States by an established water common carrier. However, the limitation does not apply to trans- porting cargo of a character not accepted for transportation by that carrier. (e) A vessel laid up, dismantled, or out of commission is exempt from inspection. (f) Section 3301(4) and (8) of this title does not apply to an oceanographic research vessel because it is carrying scientific personnel. (g)(1) Except when compliance with major structural or major equipment requirements is necessary to remove an especially haz- ardous condition, an offshore supply vessel is not subject to regula- tions or standards for those requirements if the vessel— (A) was operating as an offshore supply vessel before Jan- uary 2, 1979; or (B) was contracted for before January 2, 1979, and entered into service as an offshore supply vessel before October 6, 1980. (2) After December 31, 1988, this subsection does not apply to an offshore supply vessel that is at least 20 years of age. (h) An offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or require- ment could have been prescribed for the vessel under authority existing under law on October 5, 1980. (i)(l) The Secretary may issue a permit exempting a vessel from Permit issuance, any part of the requirements of this part for vessels transporting cargo, including bulk fuel, from one place in Alaska to another place in Alaska only if the vessel— (A) is not more than 300 gross tons; (B) is in a condition that does not present an immediate threat to the safety of life or the environment; and (C) was operating in the waters off Alaska as of June 1, 1976, or the vessel is a replacement for a vessel that was operating in the waters off Alaska as of June 1, 1976, if the vessel being replaced is no longer in service. (2) Except in a situation declared to be an emergency by the Secretary, a vessel operating under a permit may not transport cargo to or from a place if the cargo could be transported by another

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 97 STAT. 512 PUBLIC LAW 98-89 —AUG. 26, 1983 Civil penalty. Post, p. 520. 16 UST 185; TIAS 9700. Inspection fees. Waiver. commercial vessel that is reasonably available and that does not require exemptions to operate legally or if the cargo could be readily transported by overland routes. (3) A permit may be issued for a specific voyage or for not more than one year. The permit may impose specific requirements about the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary. (4) A designated Coast Guard official who has reason to believe that a vessel issued a permit is in a condition or is operated in a manner that creates an immediate threat to the safety of life or the environment or is operated in a manner that is inconsistent with the terms of the permit, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge. (5) If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent with the terms of the permit or the requirements of paragraph (2) of this subsection, the permit may be revoked. The owner, charter, managing operator, agent, master, or individual in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with the terms of the permit, is liable to the United States Government for a civil penalty of not more than $1,000. (j) Notwithstanding another provision of this chapter, the Secre- tary is not required to inspect or prescribe regulations for a nautical school vessel of not more than 15 gross tons— (1) when used in connection with a course of instruction dealing with any aspect of maritime education or study; and (2) operated by— (A) the United States Merchant Marine Academy; or (B) a State maritime academy assisted under section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295(c)). § 3303. Reciprocity for foreign vessels (a) Except as provided in chapter 37 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject only to an inspection to ensure that the condition of the vessel's propul- sion equipment and lifesaving equipment are as stated in its current certificate of inspection, A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States. (b) The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 513 proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued. § 3304. Carrying individuals in addition to crew (a) A documented vessel carrying cargo that carries not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel. (b) Before an individual in addition to the crew is carried on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board. (c) The privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag. § 3305. Scope and standards of inspection (a) The inspection process shall ensure that a vessel subject to inspection— (1) is of a structure suitable for the service in which it is to be employed; (2) is equipped with proper appliances for lifesaving, fire prevention, and firefighting; (3) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers; (4) is in a condition to be operated with safety to life and property; and (5) complies with applicable marine safety laws and reg- ulations. (b) If an inspection, or examination under section 3308 of this title, reveals that a life preserver, life-saving device, or firehose is defec- tive and incapable of being repaired, the owner or master shall destroy the life preserver or firehose in the presence of the official conducting the inspection or examination. (c) A nautical school vessel operated by a civilian nautical school shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage. § 3306. Regulations (a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for— (1) the design, construction, alteration, repair, and operation of those vessels, including superstructures, hulls, fittings, equip- ment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students; (2) lifesaving equipment and its use; (3) firefighting equipment, its use, and precautionary meas- ures to guard against fire; Inspection exemption. Defective and unrepairable safety devices. 11-194 O - 18 QL3

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 97 STAT. 514 PUBLIC LAW 98-89 —AUG. 26, 1983 (4) inspections and tests related to clauses (l)-(3) of this subsection; and (5) the use of vessel stores and other supplies of a dangerous nature. (b) Equipment subject to regulation under this section may not be used on any vessel without prior approval as prescribed by regulation. (c) In prescribing regulations for sailing school vessels, the Secre- tary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall— (1) reflect the specialized nature of sailing school vessel opter- ations, and the character, design, and construction of vessels operating as sailing school vessels; and (2) include requirements for notice to sailing school instruc- tors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations. (d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy (as defined in section 1302(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295a(3))), the Secretary shall consider the function, purpose, and operation of the vessels, their routes, and the number of individuals who may be carried on the vessels. Suspensions or (e) When the Secretary finds it in the public interest, the Secre- exemptions. ^jy jjj^^y suspend or grant exemptions from the requirements of a regulation prescribed under this section related to lifesaving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems. (f) In prescribing regulations for offshore supply vessels, the Secre- tary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels. § 3307. Frequency of inspection Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service— (1) each passenger vessel and nautical school vessel shall be inspected at least once a year; (2) each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and (3) any other vessel shall be inspected at least once every 2 years. §3308. Examinations In addition to inspections required by section 3307 of this title, the Secretary shall examine— (1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and (2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are— (A) of the size required by law and regulations; (B) properly ventilated and in a clean and sanitary condi- tion; and

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Page:United States Statutes at Large Volume 97.djvu/547

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 515 (C) equipped with proper plumbing and mechanical appli- ances required by law and regulations, and the appliances are in good working condition. § 3309. Certiflcate of inspection (a) When an inspection under section 3307 of this title has been made and a vessel has been found to be in compliance with the requirements of law and regulations, a certificate of inspection, in a form prescribed by the Secretary, shall be issued to the vessel. (b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section. § 3310. Records of certification The Secretary shall keep records of certificates of inspection of vessels and of all acts in the examination and inspection of vessels, whether of approval or disapproval. § 3311. Certificate of inspection required A vessel subject to inspection under this part may not be operated without having on board a valid certificate of inspection issued under section 3309 of this title. § 3312. Display of certificate of inspection The certificate of inspection issued to a vessel under section 3309 of this title shall be displayed, suitably framed, in a conspicuous place on the vessel. When it is not practicable to so display the certificate, it shall be carried in the manner prescribed by regulation. § 3313. Compliance with certificate of inspection (a) During the term of a vessel's certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under section 3306(e) of this title. (h) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part— (1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly; (2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel; (3) the vessel may be required to cease operating at once; and (4) if necessary, the certificate shall be suspended or revoked. (c) The vessel's certificate of inspection shall be revoked if a condition unsafe to life that is ordered to be corrected under this section is not corrected at once. (d) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel whose certificate has been suspended or revoked shall be given written notice immediately of the suspen- sion or revocation. The owner or master may appeal to the Secretary Appeal to the suspension or revocation within 30 days of receiving the notice. Secretary, as provided by regulations prescribed by the Secretary.

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Page:United States Statutes at Large Volume 97.djvu/548

 97 STAT. 516 PUBLIC LAW 98-89 —AUG. 26, 1983 Post, p. 538. Issuances by American Bureau of Shipping. Appointment of representatives to Bureau. C!ompensation. § 3314. Expiration of certiflcate of inspection (a) If the certificate of inspection of a vessel expires when the vessel is on a foreign voyage, the vessel may complete the voyage to a port of the United States within 30 days of the expiration of the certificate without incurring the penalties for operating without a certificate of inspection. (b) If the certificate of inspection would expire within 15 days of sailing on a foreign voyage from a United States port, the vessel shall secure a new certificate of inspection before sailing, unless the voyage is scheduled to be completed prior to the expiration date of the certificate. If a voyage scheduled to be completed in that time is not so completed, the applicable penalties may be enforced unless the failure to meet the schedule was beyond the control of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel. (c) When the certificate of inspection of a foreign vessel carrying passengers, operated on a regularly established line, expires at sea after leaving the country to which it belongs or when the vessel is in the United States, the Secretary may permit the vessel to sail on its regular route without further inspection than would have been required had the certificate not expired. This permission applies only when the vessel will be regularly inspected and issued a certificate before the vessel's next return to the United States. § 3315. Disclosure of defects and protection of informants (a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regula- tions and inspection. The individual also shall maJce known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel. (b) An official may not disclose the name of an individual provid- ing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under appli- cable law. § 3316. United States classification societies (a) In carrying out this part, the Secretary may rely on reports, documents, and certificates issued by the American Bureau of Ship- ping or a similar United States classification society, or an agent of the Bureau or society. (b) Each department, agency, and instrumentality of the United States Government shall recognize the Bureau as its agent in classi- fying vessels owned by the Government and in matters related to classification, as long as the Bureau is maintained as an organiza- tion having no capital stock and paying no dividends. The Secretary and the Secretary of Transportation each shall appoint one repre- sentative (except when the Secretary is the Secretary of Transporta- tion, in which case the Secretary shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall agree that the representatives shall be accepted by it as active members of the committee. The repre-

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Page:United States Statutes at Large Volume 97.djvu/549

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 517 sentatives shall serve without compensation, except for necessary traveling expenses. (c)(1) To the maximum extent practicable, the Secretary may delegate to the Bureau or a similar United States classification society, or an agent of the Bureau or society, the inspection or examination, in the United States or in a foreign country, of a vessel documented or to be documented as a vessel of the United States. The Bureau, society, or agent may issue the certificate of inspection required by this part and other certificates essential to documentation. (2) When an inspection or examination has been delegated under this subsection, the Secretary's delegate— (A) shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the vessel ceases to be certified; and (B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated— (i) as a marine inspector and serving in a position as a marine inspector; or (ii) in writing by the Secretary to have access to those files. (d) The Secretary also may make an agreement with or use the Bureau or a similar United States classification society, or an agent of the Bureau or society, for reviewing and approving plans required for issuing a certificate of inspection. § 3317. Fees (a) The Secretary may prescribe by regulation fees for inspecting or examining a small passenger vessel or a sailing school vessel. (b) When an inspection or examination under this chapter of a documented vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsist- ence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operating expenses of the Coast Guard. § 3318. Penalties (a) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons, or sailing school vessel, are liable to the United States Government for a civil penalty of $1,000, except that when the violation involves operation of a barge, the penalty is $500. The vessel also is liable in rem for the penalty. (b) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, shall be fined not more than $10,000, imprisoned for not more than 5 years, or both. (c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the Delegation of inspection or examination. Plans, review and approval.

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Page:Second Geological Survey of Pennsylvania Report of Progress PPP.djvu/18

 near the summit of this tubercle as in the ocelli of Eurypterus, etc. The fact that facets cannot be discerned is no criterion of their absence in the animal, for numerous trilobites and Eurypterus have as yet revealed no evidence of the compound character of their eyes, and on the other hand many species have large and distinct facets. It has also been noticed by Professor McCoy that this spot on the carapace is darker in the fossil than the general surface of the carapace, indicating the presence of pigment in the animal at this point. In the specimens of Elymocaris siliqua, Tropidocaris bicarinata and T. interrupta of the present paper this character is well marked.


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Page:United States Statutes at Large Volume 97.djvu/550

 97 STAT. 518 PUBLIC LAW 98-89 —AUG. 26, 1983 vessel's certificate of inspection shall be fined not more than $2,000, imprisoned for not more than 5 years, or both. (d) A person that deranges or hinders the operation of any ma- chinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, shall be fined not more than $2,000, imprisoned for not more than 5 years, or both. (e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regula- tion prescribed under section 3306 of this title, with intent to deceive or impede any official of the United States in carrying out that official's duties, shall be fined not more than $2,000, imprisoned for not more than 2 years, or both. (f) A person shall be fined not less than $1,000 but not more then $5,000, and imprisoned for not less than 2 years but not more then 5 years, if the person— (1) forges or counterfeits with intent to make it appear genu- ine any mark or stamp prescribed for material to be tested and approved under section 3306 of this title or a regulation pre- scribed under section 3306; (2) knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description; (3) with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or (4) with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under section 3306 of this title or a regula- tion prescribed under section 3306. (g) A person shall be fined not more than $10,000, imprisoned for not more than one year, or both, if the person— (1) interferes with the inspection of a nautical school vessel; (2) violates a regulation prescribed for a nautical school vessel; (3) is an owner of a nautical school vessel operated in violation of this part; or (4) is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel. (h) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by section 3304(b) of this title is liable to the United States Govern- ment for a civil penalty of not more than $500. The vessel also is liable in rem for the penalty. CHAPTER 35—CARRIAGE OF PASSENGERS Sec. 3501. Number of passengers. 3502. List or count of passengers. 3503. Fire-retardant materials. 3504. Notification to passengers. 3505. Prevention of departure. 3506. Copies of laws.

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Page:United States Statutes at Large Volume 97.djvu/551

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 519 Fine and imprisonment. § 3501. Number of passengers (a) Each certificate of inspection issued to a vessel carrying pas- sengers (except a ferry), shall include a statement on the number of passengers that the vessel is permitted to carry. (b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to— (1) passage money; and (2) $100 for each passenger in excess of the number of passen- gers permitted. (c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly violates subsection Ob) of this section also shall be fined not more than $100, imprisoned for not more than 30 days, or both. (d) The vessel also is liable in rem for a penalty under this section. (e) An offshore supply vessel may not carry passengers except in an emergency. § 3502. List or count of passengers (a) The owner, charterer, managing operator, master, or indi- vidual in charge of the following categories of vessels carrying passengers shall keep a correct list of passengers received and delivered from day to day: (1) vessels arriving from foreign ports (except at United States Great Lakes ports from Canadian Great Lakes ports). (2) seagoing vessels in the coastwise trade. (3) passenger vessels making voyages of more than 300 miles on the Great Lakes except from a Canadian to a United States port. (b) The master of a vessel carrsdng passengers (except a vessel listed in subsection (a) of this section) shall keep a correct count of all passengers received and delivered. (c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of passengers shall be provided to the Coast Guard when requested. (d) This section applies to a foreign vessel arriving at a United States port. (e) The owner, charterer, managing operator, master, or Individ- Civil penalty. ual in charge of a passenger vessel failing to make a list or count of passengers as required by this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty. § 3503. Fire-retardant materials A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certifi- cate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 1988, this section does not apply to a vessel operating only on the inland rivers. § 3504. Notification to passengers (a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers and embarking passengers at United States ports for a

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Page:United States Statutes at Large Volume 97.djvu/552

 97 STAT. 520 PUBLIC LAW 98-89 —AUG. 26, 1983 Promotional literature or advertising. Civil penalty. 16 UST 185; TIAS 9700. Civil penalty. coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by r^ulation. (b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel named, as a part of the advertisement or description of the voyage. Except for the inclusion of the country of registry of the vessel, this subsection does not apply to voyages by vessels meeting the safety standards described in section 3505 of this title. (c) A person violating this section or a r^ulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in each violation also is liable to the Government for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section. §3505. Prevention of departure Notwithstanding section 3303(a) of this title, a foreign or domestic vessel of more than 100 gross tons having berth or stateroom accommodations for at least 50 passengers may not depart from a United States port with passengers who are embarked at that port, if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party. §3506. Copies of laws A master of a passenger vessel shall keep on board a copy of this subtitle, to be provided by the Secretary at reasonable cost. If the master fails to do so, the master is liable to the United States Government for a civil penalty of $200. CHAPTER 37—CARRIAGE OF LIQUID BULK DANGEROUS CARGOES Sec. 3701. Definitions. 3702. Application. 3703. Regulations. 3704. Coastwise trade vessels. 3705. Crude oil tanker minimum standards. 3706. Product carrier minimum standards. 3707. Tanker minimum standards. 3708. Self-propelled tank vessel minimum standards. 3709. Exemptions. 3710. Evidence of compliance by vessels of the United States. 3711. Evidence of compliance by foreign vessels. 3712. Notification of noncompli£mce. 3713. Prohibited acts. 3714. Inspection and examination. 3715. Lightering. 3716. Tank washings. 3717. Marine safety information system. 3718. Penalties.

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Page:United States Statutes at Large Volume 97.djvu/553

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 521 § 3701. Definitions In this chapter— (1) "existing", when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel. (2) "major conversion" means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substan- tially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary. (3) "new", when referring to a t5rpe of vessel to which this chapter applies, means a vessel— (A) for which the building contract is placed after June 1, 1979; (B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980; (C) the delivery of which is after June 1, 1982; or (D) that has undergone a major conversion under a con- tract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982. (4) "person" means an individual (even if not a citizen or national of the United States), a corporation, partnership, asso- ciation, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments. (5) "State", in addition to its meaning under section 2101(36) of this title, includes the Trust Territory of the Pacific Islands. (6) "United States", in addition to its meaning under section 2101(44) of this title, includes the Trust Territory of the Pacific Islands. § 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; (2) not a tanker; and (3) in the service of oil exploitation. (c) 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. (d) 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. 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.

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Page:United States Statutes at Large Volume 97.djvu/554

 97 STAT. 522 PUBLIC LAW 98-89—AUG. 26, 1983 Procedures for consultation and consideration of views. Noncompliance. §3703. Regulations (a) The Secretary shall prescribe regulations for the design, con- struction, alteration, repair, maintenance, operation, equipping, per- sonnel 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 internationaly. Regulations prescribed by the Secre- tary 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, equip- ment, 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 ballaist- ing, 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 ssifety, port and water- ways safety, and protection of the marine environment. § 3704. Coastwise trade vessels A segregated ballast tank, a crude oil washing system, or an inert gas system, required by this chapter or a regulation prescribed under this chapter, on a vessel entitled to engage in the coastwise trade under section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), shall be installed in the United States (except the trust territories). A vessel failing to comply with this section may not engage in the coastwise trade.

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Page:United States Statutes at Large Volume 97.djvu/555

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 523 § 3705. Crude oil tanker minimum standards (a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with— (1) protectively located segregated ballast tanks; (2) a crude oil washing system; and (3) a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system. (b)(l) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with— (A) segregated ballast tanks; or (B) a crude oil washing system. (2) Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks. (c) An existing crude oil tanker 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 a crude oil washing system before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later. (d) An existing crude oil tanker of at least 20,000 deadweight tons shall be equipped with an inert gas system. However, for a crude oil Exemption. tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption if the vessel's owner can show clearly that compliance would be unreasonable and impracticable due to the vessel's design characteristics. (e) A crude oil tanker engaged in transferring oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply with other applica- ble minimum standards of this section. § 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 au- thorized 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 csirrier 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 before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later. (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.

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