Page:United States Statutes at Large Volume 97.djvu/553

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 521 § 3701. Definitions In this chapter— (1) "existing", when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel. (2) "major conversion" means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substan- tially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary. (3) "new", when referring to a t5rpe of vessel to which this chapter applies, means a vessel— (A) for which the building contract is placed after June 1, 1979; (B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980; (C) the delivery of which is after June 1, 1982; or (D) that has undergone a major conversion under a con- tract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982. (4) "person" means an individual (even if not a citizen or national of the United States), a corporation, partnership, asso- ciation, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments. (5) "State", in addition to its meaning under section 2101(36) of this title, includes the Trust Territory of the Pacific Islands. (6) "United States", in addition to its meaning under section 2101(44) of this title, includes the Trust Territory of the Pacific Islands. § 3702. Application (a) Subject to subsections (b)-(e) of this section, this chapter applies to a tank vessel. (b) This chapter does not apply to a documented vessel that would be subject to this chapter only because of the transfer of fuel from the fuel supply tanks of the vessel to offshore drilling or production facilities in the oil industry if the vessel is— (1) not more than 500 gross tons; (2) not a tanker; and (3) in the service of oil exploitation. (c) This chapter does not apply to a cannery tender, fishing tender, or fishing vessel of not more than 500 gross tons, used in the salmon or crab fisheries of Alaska, Oregon, or Washington, when engaged only in the fishing industry. (d) This chapter does not apply to a vessel of not more than 5,000 gross tons used in processing and assembling fishery products of the fisheries of Alaska, Oregon, and Washington. However, the vessel is subject to regulation by the Secretary when carrying flammable or combustible liquid cargo in bulk. (e) This chapter does not apply to a foreign vessel on innocent passage on the navigable waters of the United States.

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