Page:United States Statutes at Large Volume 97.djvu/588

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97 STAT. 556 PUBLIC LAW 98-89 —AUG. 26, 1983 § 8905. Exemptions (a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title. (b) Section 8904 of this title does not apply to a vessel of less than 200 gross tons engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure. § 8906. Penalty An owner, charterer, managing operator, agent, master, or indi- vidual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. CHAPTER 91—TANK VESSEL MANNING STANDARDS Sec. 9101. Standards for foreign tank vessels. 9102. Standards for tank vessels of the United States. § 9101. Standards for foreign tank vessels (a) The Secretary shall— (1) periodically evaluate the manning, training, qualification, and watchkeeping standards prescribed by the certificating Ante, p. 520. country of a foreign vessel to which chapter 37 of this title applies, that operates on the navigable waters of the United States and transfers oil or hazardous material in a port or place under the jurisdiction of the United States; and (2) after each evaluation made under clause (1) of this subsec- tion, decide whether the foreign country, whose system for licensing and certification of seamen was evaluated, has stand- ards that are equivalent to or more stringent than United States standards or international standards accepted by the United States. (b) A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating proce- dures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English. § 9102. Standards for tank vessels of the United States (a) The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to—