§ 3702. Application

1,271 words·~6 min read·/usc/title-46/section-3702

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(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 exploration, development, or production of offshore drilling or production facilities in the oil industry and non-mineral energy production if the vessel is—

(1)not a tanker; and

(2)in the service of exploration, development, or production of offshore energy resources.

(c)This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title when engaged only in the fishing industry.

(d)This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. 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.

(f)This chapter does not apply to an oil spill response vessel if—

(1)the vessel is used only in response-related activities; or

(2)the vessel is—

(A)not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;

(B)designated in its certificate of inspection as an oil spill response vessel; and

(C)engaged in response-related activities.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98–364, title IV, § 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104–324, title VII, § 714, title XI, § 1104(b), Oct. 19, 1996, 110 Stat. 3936, 3966; Pub. L. 111–281, title VI, § 617(a)(2), Oct. 15, 2010, 124 Stat. 2973; Pub. L. 119–60, div. G, title LXXIII, § 7348(a), Dec. 18, 2025, 139 Stat. 1781.)

Section 3702, with certain exceptions, makes this chapter applicable to any tank vessel operating in the navigable waters of the United States or transferring oil or hazardous materials in any port or place subject to the jurisdiction of the United States, and which carries oil or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of propulsion; whether it is self-propelled or not; whether it is carrying freight or passengers for hire or not; and whether it is a vessel of the United States or a foreign vessel.

It exempts certain small vessels documented in the service of oil exploitation, certain small tender and fishing vessels used in the Northwest salmon or crab fisheries, certain vessels used in the processing and assembling of fishery products used in the Northwest fisheries, public vessels, and foreign vessels engaged on innocent passage on the navigable waters of the United States. However, processing vessels, while not treated as tank vessels, are still subject to regulation when carrying flammable or combustible liquid cargo in bulk.

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Pub. L. 98–89
97 Stat. 521
Pub. L. 98–364, title IV, § 402(6)
98 Stat. 446
Pub. L. 104–324, title VII, § 714
110 Stat. 3936
Pub. L. 111–281, title VI, § 617(a)(2)
124 Stat. 2973
Pub. L. 119–60, div. G, title LXXIII, § 7348(a)
139 Stat. 1781
Pub. L. 119–60, § 7348(a)(1)
Pub. L. 119–60, § 7348(a)(2)
Pub. L. 111–281
Pub. L. 104–324, § 714(1)
Pub. L. 104–324, § 714(2)
Pub. L. 104–324, § 714(3)
Pub. L. 104–324, § 1104(b)
Pub. L. 98–364, § 402(6)(A)
Pub. L. 98–364, § 402(6)(B)
Pub. L. 119–60, div. G, title LXXIII, § 7348(b)
139 Stat. 1782

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§ 3702

Application

Fed. Reg.×22

U.S.C.×5

Pub. L.×2

Bills×2

Stat. Comp.×2

Stat.×2

C.F.R.×1

Pub. L.Pub. L. 98–89

Stat.97 Stat. 521

Pub. L.Pub. L. 98–364, title IV, § 402(6)

Stat.98 Stat. 446

Pub. L.Pub. L. 104–324, title VII, § 714

Cites 25 · showing 9Cited by 36 across 7 sources