§9101 — Title 46 Shipping | U.S. Code

Summary

The Secretary must check the crew size, training, qualifications, and watch duties of any foreign country that issues papers for ships covered by chapter 37. Checks happen 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 that country’s rules for licensing and certifying seafarers match U.S. law or international rules the U.S. accepts, and if those rules are actually enforced. If they are not, the Secretary must bar ships with that country’s papers from entering the United States until the problems are fixed. A ship may be allowed in temporarily if the owner proves it is not unsafe or if entry is needed to protect the ship or people on board. A foreign ship covered by chapter 37 that carries oil or hazardous material in bulk as cargo or cargo residue must have a required number of crew certified as tankermen (or equivalent) when it transfers that cargo in a U.S. port or place. Terminals must note this in their operating procedures. The person in charge of the transfer must be able to clearly understand instructions in English.

Title 46, §9101

Shipping — Source: USLM XML via OLRC

(a)(1)The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies—

(A)on a periodic basis; and

(B)when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title.

(2)After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether—

(A)the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and

(B)those standards are being enforced.

(3)If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced.

(4)The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if—

(A)the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or

(B)the entry is necessary for the safety of the vessel or individuals on the vessel.

(b)A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating procedures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 9101(a)46:391a(11) 9101(b)46:391a(10)(B) section 9101 requires monitoring of manning standards for foreign tank vessels operating on the navigable waters of the United States and transferring oil or hazardous material in the United States. Subsection (a) requires the Secretary of Transportation to evaluate the manning, training, qualification, and watchkeeping standards of foreign countries whose tank vessels operate on United States waters, or use transfer facilities, and to decide if the standards are equivalent or more stringent than United States standards. Subsection (b) authorizes the Secretary to specify the number of tankermen required on a foreign tank vessel and to have certified tankermen who can understand English when transferring oil or hazardous material in the United States. This requirement is to be made part of the terminal operating procedures.

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–380 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary shall— “(1) periodically evaluate the manning, training, qualification, and watchkeeping standards prescribed by the certificating country of a foreign vessel to which chapter 37 of this title applies, that operates on the navigable waters of the United States and transfers oil or hazardous material in a port or place under the jurisdiction of the United States; and “(2) after each evaluation made under clause (1) of this subsection, decide whether the foreign country, whose system for licensing and certification of seamen was evaluated, has standards that are equivalent to or more stringent than United States standards or international standards accepted by the United States.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an

Effective Date

note under section 2701 of Title 33, Navigation and Navigable Waters.

§9101 Standards for Foreign Tank Vessels

Summary

Title 46, §9101

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata