U.S. Code
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Title 46
» Subtitle Subtitle II— Vessels and Seamen › Part Part B— Inspection and Regulation of Vessels › Chapter CHAPTER 37— CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
46 U.S.C. § 3711
Evidence of compliance by foreign vessels
(a) A foreign vessel to which this chapter applies may operate on the navigable waters of the United States, or transfer oil or hazardous material in a port or place under the jurisdiction of the United States, only if the vessel has been issued a certificate of compliance by the Secretary. The Secretary may issue the certificate only after the vessel has been examined and found to be in compliance with this chapter and regulations prescribed under this chapter. The Secretary may accept any part of a certificate, endorsement, or document, issued by the government of a foreign country under a treaty, convention, or other international agreement to which the United States is a party, as a basis for issuing a certificate of compliance.(b) A certificate issued under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days.(c) A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 525.)Historical and Revision Notes |
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3711 | 46:391a(8)(B) 46:391a(8)(C) 46:391a(8)(E) |
Section 3711 prohibits any foreign vessel from operating on the navigable waters of the United States or from transferring oil or hazardous material in any port or place under the jurisdiction of the United States, unless it has a certificate of compliance issued by the Secretary indicating that the vessel has been examined and found to be in compliance with the provisions of the applicable regulations. It also authorizes the Secretary to accept, in whole or in part, an appropriate foreign certificate issued pursuant to any international agreement to which the United States is a party, as a basis for issuing the certificate of compliance. This means that the Secretary does not have to accept foreign certificates as evidence of compliance, but may take additional action to assure compliance with applicable domestic laws and regulations and international treaty provisions.
Notes of Decisions
Wilmina Shipping as v. United States Dep't of Homeland Sec., 934 F. Supp. 2d 1 (D.D.C. 2013).
· cites it 10× “Therefore, I am revoking your vessel’s Certificate of Compliance in accordance with 46 U.S.C. § 3711 (c). Id., AR 2. He went on to state that he was imposing conditions “under the authority of 33 U.”
Wilmina Shipping as v. United States Dep't of Homeland Sec., 75 F. Supp. 3d 163 (D.D.C. 2014).
· cites it 2× “Therefore, I am revoking your vessel’s Certificate of Compliance in accordance with 46 U.S.C. § 3711 (c).” AR 1-2. The order further provided: Once your vessel departs port it may not enter the Sector Corpus Christi Marine Inspection Zone and Captain of the Port Zone, as defined…”
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