107 STAT. 2428
PUBLIC LAW 103-206—DEC. 20, 1993
(c)(1) This section does not affect the authority of the Secretary
of Transportation under chapter 33 of title 46, United States Code,
to regulate the operation of the vessels listed in subsection (b)
to ensure the safe carriage of oil and hazardous substances.
(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters
33, 45, 51, 81, and 87 of title 46, United States Code, as provided
in the Aleutian Trade Act of 1990 (Public Law 101^95).
Hazardous
SEC. 322. OIL SPILL RECOVERY OPERATIONS.
(a) Section 8104 of title 46, United States Code, is amended—
(1) in subsection (g), b^ striking "a vessel used only to
respond to a discharge of oil or a hazardous substance,"; and
(2) by adding a new subsection to read as follows:
"(p) On a vessel used only to respond to a discharge of oil
or a nazardous substance, the licensed individuals and crewmembers may be divided into at least two watches when the vessel
is engaged in an operation less than 12 hours in duration.".
(b) Section 8301 of title 46, United States Code, is amended
by adding a new subsection to read as follows:
"(e) A vessel used only to respond to a discharge of oil or
a hazardous substance shall have—
"(1) two licensed mates when the vessel is engaged in
an operation over 12 hours in duration;
(2) one licensed mate when the vessel is engaged in an
operation less than 12 hours in duration; and
"(3) if the vessel is more than 200 gross tons, a licensed
engineer when the vessel is operating.".
SEC. 323. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY
ALIEN CREWMEMBERS-ALASKA EXCEPTION.
(a) ALASKA EXCEPTION. — Section 258 of the Immigration and
Nationality Act (8 U.S.C. 1288) is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
"(d) STATE OF ALASKA EXCEPTION.— (1) Subsection (a) shall
not apply to a particular activity of longshore work at a particular
location in the State of Alaska if an employer of alien crewmen
has filed an attestation with the Secretary of Labor at least 30
days before the date of the first performance of the activity (or
anytime up to 24 hours before the first performance of the activity,
upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that
time) setting forth facts and evidence to show that—
"(A) the employer will make a bona fide request for United
States longshore workers who are qualified and available in
sufficient nmnbers to perform the activity at the particular
time and location from the parties to whom notice has been
provided under clauses (ii) and (iii) of subparagraph (D), except
thal^
"(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement
with a single labor organization described in subpcuragraph
(D)(i), the employer may request longshore workers from
only one of such contract stevedoring companies, and
"(ii) a reauest for longshore workers to an operator
of a private aock may be made only for longshore work
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