CHAPTER 91 —TANK VESSEL MANNING STANDARDS
Historical and Revision Notes
§9101. Standards for foreign tank vessels
(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
(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
(
| Revised section | Source 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).
"(1) periodically evaluate the manning, training, qualification, and watchkeeping standards prescribed by the certificating country of a foreign vessel to which
"(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 Amendment
Amendment by
§9102. Standards for tank vessels of the United States
The Secretary shall prescribe standards for the manning of each vessel of the United States to which
(1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas;
(2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential casualty conditions;
(3) qualifications for licenses by specific type and size of vessels;
(4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills;
(5) minimum health and physical fitness criteria for various grades of licenses and certificates;
(6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities;
(7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and
(8) instruction in vessel maintenance functions.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 9102 | 46:391a(9) |
Section 9102 prescribes manning standards for United States tank vessels.
Subsection (a) requires the Secretary of Transportation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels.
Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a).
Editorial Notes
Amendments
2021—
1990—Par. (8).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by