577 



14. Fishing Vessels of Alaska, Oregon, and Washington Carrying 



Flammable Cargo 

 46 U.S.C. 391a 



§ 291a. Vessels carrying certain cargoes in bulk. 

 (1) Statement of policy. 



The Coiisress hereby finds and declares— 



That ths carriage by vessels of certain cargoes 

 in bulk creates substantial hazards to life, prop- 

 erty, the navigable waters of the United States 

 (includins tha ouality thereof) and the resources 

 contained therein and of the adjoining land, 

 including but not limited to fish, shellfish, and 

 wildlife, marine and coastal ecosystems and recre- 

 ational and scenic values, which waters and re- 

 sources are hereafter in this section referred to 

 ar> ths "marine environment." 



That existing standards for the design, con- 

 struction, alter.'.tion, repair, maintenance and 

 opera' i^n of such vessels must be improved for the 

 adequate protection of the marine environment. 



That it is necessary that there be established 

 for all such vessels documented under the laws of 

 the United States or entering the navigable wa- 

 ters of the Unitsd States comprehensive minimum 

 standards of design, construction, alteration, re- 

 pair, maintenance, and operation to prevent or 

 mitijate the hazards to life, property, and the 

 marine environment. 



'?.') Ve':sels included. 



All vessels, regardless of tonnage size, or manner 

 of propul ion, and whether self-propelled or not, and 

 whjthrr crrving freight or passengers for hire or 

 not, whi:h are documented under the laws of the 

 Unit:d States or enter the navigable waters of the 

 United States, except public vescels other than those 

 engaged in commercial service, that shall have on 

 board liquid cargo in bulk which is — 



(A) inflammable or combustible, or 



(B) oil, of any kind or in any form. Including 

 but not limited to, petroleum, fuel oil, sludge, oil 

 refuse, and oil mixed with wastes other than 

 dredged spoil, or 



(C) designated as a hazardous polluting sub- 

 stance under section 12(a) of the Federal Water 

 Pollution Control Act (33 U.S.C. 1162) ; 



shall be considered steam vessels for the purposes of 

 title 52 of the Revised Statutes of the United States 

 and shall be subject to the provisions thereof: Pro- 

 vided. That (i) this section shall not apply to ves- 

 sels having on board the substances set forth in (A) , 

 (B), or (C) above only for use as fuel or stores or 

 to vessels carrying such cargo only in drums, barrels, 

 or other packages; 



(ii) nothing contained herein shall be deemed to 

 amend or modify the provisions of section 4 of Public 

 Law 93-397 with respect to certain vessels of not 

 more than five hundred gross tons; 



(iii) this section shall not apply to vessels of not 

 more than five thousand gross tons used in the proc- 



essing and assembling of fishery products in the fish- 

 eries of the States of Oregon, Washington, and 

 Alaska and such vessels shall be allowed to have on 

 board inflammable or combustible carijo in bulk to 

 the extent and upon conditions as may be required 

 by the Secretary of the department in which the 

 Coast Guard is operating; and 



(iv) this section shall not apply to vessels of not 

 more than five hundred gross tons documented in 

 the service of oil exploitation which are not tank 

 vessels and which would be subject to this section 

 only because of the transfer of fuel from the vessels' 

 own fuel supply tanks to offshore drilling or produc- 

 tion facilities. 



(3) Rules and regulations. 



In order to secure effective provision (A) for ves- 

 sel safety, and (B> for protection of the marine 

 environment, the Secretary of the department in 

 which the Coast Guard is operating (hereafter re- 

 ferred to in this section as the '"ecretary") shall 

 establish for the vessels to which this section applies 

 such additional rules and regulations as may be 

 necessary v.qth respect to the design and construc- 

 tion, alteration, repair, and maintenance of such ves- 

 sels, including, but not limited to, the superstruc- 

 tures, hulls, places for stowing and carrying such 

 cargo, fittings, equipment, appliances, propulsive 

 machinery, auxiliary machinery, and boilers thereof; 

 and with respect to all materials used in such con- 

 struction, alteration, or repair; and with respect to 

 the handling and stowage of such cargo, the manner 

 of such handling or stowage, and the machinery and 

 appliances used in such handling and stowage; and 

 with respect to equipment a;:d r.ppMances for life 

 saving, fire protection, and the prevention and miti- 

 gation of damage to the marine environment; and 

 with respect to the operation of such vessels: and 

 with respect to the requirements of the manning of 

 such vessels and the duties and qualifications of the 

 officers and crew thereof; and with respect to the 

 inspection of all the foregoing. In establishing such 

 rules and regulations the Secretary may, after hear- 

 ing as pi-ovided in subsection (4) , adopt rules of the 

 American Bureau of Shipping or similar American 

 classification society for classed vessels insofar as 

 such rules pertain to the efficiency of hulls and the 

 reliability of machinery of vessels to which this sec- 

 tion applies. In establishing such rules and regula- 

 tions, the Secretary shall give due consideration 

 to the kinds and grades of such cargo permitted to 

 be on board such vessel. In establishing such rules 

 and regulations the Secretary shall, after consulta- 

 tion with the Secretary of Commerce and the Ad- 

 ministrator of the Environmental Protection Agency, 

 identify those established for protection of the 

 marine environment and those estabUshed for vessel 

 safety. 



