Page:United States Statutes at Large Volume 97.djvu/543

 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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