Page:United States Statutes at Large Volume 97.djvu/558

 97 STAT. 526 PUBLIC LAW 98-89 —AUG. 26, 1983 Contracts. Regulations on fees. Necessary documents. Regulations. § 3714. Inspection and examination (a)(1) The Secretary shall have each vessel to which this chapter applies inspected or examined at least once each year. (2) Each of those vessels that is more than 10 years of age shall undergo a special and detailed inspection of structural strength and hull integrity as specified by the Secretary. (3) The Secretary may make contracts for conducting inspections or examinations in the United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate of inspection or a certificate of compli- ance, but the inspector may issue a temporary certificate. (4) The Secretary shall prescribe by regulation reasonable fees for an inspection or examination conducted under this section outside the United States, or which, when involving a foreign vessel, is conducted under a contract authorized by paragraph (3) of this subsection. The owner, charter, or managing operator of a vessel inspected or examined by the Secretary is liable for the fees. Amounts received as fees shall be deposited in the Treasury. (5) The Secretary may allow provisional entry of a vessel to conduct an inspection or examination under this chapter. (b) Each vessel to which this chapter applies shall have on board those documents the Secretary considers necessary for inspection and enforcement, including documents listing— (1) the type, grade, and approximate quantities of cargo on board; (2) the shipper and consignee of the cargo; (3) the places of origin and destination of the vessel; and (4) the name of an agent in the United States authorized to accept service of legal process. (c) Each vessel to which this chapter applies that operates in the United States shall have a person designated as authorized to accept service of legal process for the vessel. § 3715. Lightering (a) A vessel may transfer oil or hazardous material in a port or place subject to the jurisdiction of the United States, when the cargo has been transferred from another vessel on the navigable waters of the United States or in the marine environment, only if— (1) the transfer WEIS conducted consistent with regulations prescribed by the Secretary; and (2) both the delivering and receiving vessels had on board, at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under section 3710 or 3711 of this title, had the transfer taken place in a port or place subject to the jurisdiction of the United States. (b) The Secretary shall prescribe regulations to carry out subsec- tion (a) of this section. The regulations shall include provisions on— (1) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors; (2) the prevention of spills; (3) equipment for responding to a spill; (4) the prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as those uses are defined by treaty, convention, or customary interna- tional law;

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