Sec. 7406. Additional response assets
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Section 3302 of title 46, United States Code, is amended by adding at the end the following: Except as otherwise provided in this subsection, a qualified vessel engaged in a qualified oil spill response shall not be subject to inspection if the qualified vessel— has— an agreement by contract or other approved means with an oil spill removal organization to support a response plan under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ), including training and exercises related to oil spill response activities; or been approved by the Secretary to respond to a discharge of oil or to participate in training and exercises related to oil spill response activities; is normally and substantially involved in activities other than, and not adapted to, spill response; complies with all applicable laws for the use of such vessel in the activities for which such vessel is normally and substantially operated, including any inspection requirement under this title for such use; and has at least 1 person aboard possessing certifications for, or who are in training for, applicable hazardous waste operations and emergency response.
A qualified vessel under paragraph
(1)may— unless otherwise inspected as a towing vessel under this title, tow only— another vessel or a device, including a bladder, designed to carry oil or oil residues with the capacity of less than 250 barrels; or oil spill response equipment, including boom, skimmers, or other response equipment; carry— temporary storage containers on board for recovered oil or oil-contaminated materials collected during an oil spill response, including bags, drums, and totes as approved by the Secretary; oil spill response equipment; or no more than 6 passengers for hire in support of a response plan under Section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) approved by the Secretary unless the vessel has been inspected under paragraph
(4)or
(8)of section 3301 or is authorized by the Secretary to carry more than 6 passengers for hire; if the qualified vessel is a tank vessel, be used for storage of recovered oil; conduct any other operation, or engage in training or exercises, in support of a response plan under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ) approved by the Secretary. In this subsection: The term qualified vessel means a vessel operating in Coast Guard District Arctic. The term qualified oil spill means an oil spill occurring in waters subject to the jurisdiction of Coast Guard District Arctic. . Section 11316 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ), and the items relating to such section in the table of contents in sections 2(b) and 11001(b) of such Act, are repealed. Nothing in this section shall nullify or invalidate the authorities and responsibilities prescribed in section 50.10-10 of title 46, Code of Federal Regulations, for the Officer in Charge, Marine Inspection.
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