§9101 Standards for foreign tank vessels

Summary

The Secretary must check the crew levels, training, qualifications, and watchkeeping rules of any foreign country that issues documents for vessels covered by chapter 37. The checks must be done regularly and after any marine casualty that must be reported under section 6101(a)(4) or (5). After each check, the Secretary must decide if the country’s rules for licensing and certifying seamen meet U.S. law or international standards the United States accepts, and if those rules are being enforced. If they are not, the Secretary must bar vessels documented by that country from entering the United States until the problems are fixed. The Secretary can allow temporary entry if the owner proves the vessel is safe and not a pollution threat or if entry is needed for the safety of the vessel or people on board. A foreign vessel covered by chapter 37 that carries oil or hazardous material in bulk as cargo or residue must have a specified number of crew certified as tankerman or equivalent, as the Secretary requires, when transferring that cargo in a U.S. port. Terminals must note this in their operating procedures. The transfer may happen only if the crew member in charge can clearly understand instructions in English.