(B) The Secretary (i) may receive information transmitted by the chief driver licensing official of a State pursuant to a request under subparagraph (A); (ii) shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate of registry, or merchant mariner's document of the individual based on that information and before using that information in any action taken under chapter 77 of title 46, United States Code, and (iii) may not otherwise divulge or use that information except for the purposes of section 7101, 7302, or 7703 of title 46, United States Code. (C) Information regarding the motor vehicle driving record of an individual may not be transmitted to the Secretary under this paragraph if the information was entered in the Register more than 3 years before the date of the request for the information, unless the information relates to revocations or suspensions that are still in effect on the date of the request. Information submitted to the Register by States under the Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject to access for the purpose of this paragraph during the transition to the Register described under section 203(c) of this title." (b) Conforming Amendments. (1) Review of Information Received from Register.-Chapter 75 of title 46, United States Code, is amended by adding at the end the following: "§ 7505. Review of Information in National Driver Register The Secretary shall make information received from the National Driver Register under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of registry, or merchant mariners' document authorized to be issued for that individual under this part, based on that information." (2) Penalty for Negligent Operation of Vessel.-Section 2302(c) of title 46, United States Code, is amended by striking “intoxicated” and inserting “under the influence of alcohol, or a dangerous drug in violation of a law of the United States." (c) Clerical Amendment.-The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: “7505. Review of Information in National Driver Register." MANNING STANDARDS FOR FOREIGN TANK VESSELS Sec. 41062 (a) Standards for Tank Vessels.-Section 9101(a) of title 46, United States Code, is amended to read as follows: "(a) (1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies (A) on a periodic basis; and (B) when the vessel is involved in a marine casualty required to be reported under section 6101(a) (4) or (5) of this title. (2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether (A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and (B) those standards are being enforced. (3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued docu 2Editor's note: section number and text is that of Pub. L. 101-380. mentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. (4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if (A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or (B) the entry is necessary for the safety of the vessel or individuals on the vessel." (b) Reporting Marine Casualties. (1) Reporting Requirement.-Section 6101(a) of title 46, United States Code, is amended by adding at the end the following: "(5) significant harm to the environment.” (2) Application to Foreign Vessels.-Section 6101(d) of title 46, United States Code, is amended— (A) by inserting "(1)" before "This part"; and (B) by adding at the end the following: "(2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States including the Exclusive Economic Zone." (c) Technical And Conforming Amendments.-Section 9(a) of the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is amended (1) in the matter preceding paragraph (1), by striking “section 4417a of the Revised Statutes, as amended,” and inserting "chapter 37 of title 46, United States Code,”; (2) in paragraph (2), by striking "section 4417a of the Revised Statutes, as amended,” and inserting "chapter 37 of title 46, United States Code,”; and (3) in paragraph (5), by striking “section 4417(a)(11) of the Revised Statutes, as amended," and inserting "section 9101 of title 46, United States Code,”. VESSEL TRAFFIC SERVICE SYSTEMS Sec. 41072 (a) In General.-Section 4(a) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)) is amended— (1) by striking "Secretary may-" and inserting "Secretary-"; (2) in paragraph (1) by striking “establish, operate, and maintain” and inserting “may construct, operate, maintain, improve, or expand”; (3) in paragraph (2) by striking "require" and inserting "shall require appropriate"; (4) in paragraph (3) by inserting “may” before “require”; (5) in paragraph (4) by inserting "may" before "control"; and (6) in paragraph (5) by inserting "may" before "require”. (b) Direction of Vessel Movement.— (1) Study.-The Secretary shall conduct a study (A) of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and (B) to determine and prioritize the United States ports and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating— (i) the nature, volume, and frequency of vessel traffic; (ii) the risks of collisions, spills, and damages associated with that traffic; (iii) the impact of installation, expansion, or improvement of a vessel traffic service system; and (iv) all other relevant costs and data. (2) Report.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1) and recommendations for implementing the results of that study. Editor's note: section number and text is that of Pub. L. 101-380. GREAT LAKES PILOTAGE Sec. 41082 (a) Individuals Who May Serve as Pilot on Undesignated Great Lake Waters.-Section 9302(b) of title 46, United States Code, is amended to read as follows: "(b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated." (b) Penalties.-Section 9308 of title 46, United States Code, is amended in each of subsections (a), (b), and (c) by striking “$500” and inserting “no more than $10,000." REGULATIONS 46 USC 37033 (a) The Secretary shall prescribe regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels to which this chapter applies, that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regulations that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations prescribed under other laws that may apply to any of those vessels. Regulations prescribed under this subsection shall include requirements about (1) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers; (2) the handling or stowage of cargo, the manner of handling or stowage of cargo, and the machinery and appliances used in the handling or stowage; (3) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment; (4) the manning of vessels and the duties, qualifications, and training of the officers and crew; (5) improvements in vessel maneuvering and stopping ability and other features that reduce the possibility of marine casualties; (6) the reduction of cargo loss if a marine casualty occurs; and (7) the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity. (b) In prescribing regulations under subsection (a) of this section, the Secretary shall consider the types and grades of cargo permitted to be on board a tank vessel. (c) In prescribing regulations under subsection (a) of this section, the Secretary shall establish procedures for consulting with, and receiving and considering the views of (1) interested departments, agencies, and instrumentalities of the United States Government; (2) officials of State and local governments; (3) representatives of port and harbor authorities and associations; (4) representatives of environmental groups; and (5) other interested parties knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment. (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.) Revised section 3703....... Historical and Revision Notes Source section (U.S. Code) 46:391a(6) 2Editor's note: section number and text is that of Pub. L. 101-380. 3Editor's note: sections 4109 and 4110 of Pub. L. 101-380 are enacted as notes to 46 USC 3703. Section 3703 requires the Secretary to issue regulations to implement this section. Specific items are listed to be included within the regulations issued. The regulatory authority must be exercised under the Administrative Procedure Act and, in prescribing these regulations, the Secretary must consider the kinds and grades of cargo carried on board. Furthermore, in addition to any requirements of the Administrative Procedure Act, the Secretary must establish specific consultation procedures for considering the views of various specified interested officials, groups, and individuals. The procedures are intended to provide for consultation as early as possible in the regulatory process. Studies Addressing Various Sources of Oil Spill Risk Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat. 3947, provided that: "(a) Study of Group-5 Fuel Oil Spills. (1) Definition.—In this subsection, the term 'group-5 fuel oil' means a petroleum-based oil that has a specific gravity of greater than 1.0. (2) Coordination of study.-The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a study of the relative environmental and public health risks posed by discharges of group-5 fuel oil. (3) Matters to be included.-The study under this subsection shall include a review and analysis of (A) the specific risks posed to the public health or welfare of the United States, including fish, shellfish and wildlife, public and private property, shorelines, beaches, habitat, and other natural resources under the jurisdiction or control of the United States, as a result of an actual or threatened discharge of group-5 fuel oil from a vessel or facility; (B) cleanup technologies currently available to address actual or threatened discharge of group-5 fuel oil; and (C) any technological and financial barriers that prevent the prompt remediation of discharges of group-5 fuel oil. (4) Report.-Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Secretary of Transportation shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under this subsection. (5) Rulemaking.-If the Secretary of Transportation determines, based on the results of the study under this subsection, that there are significant risks to public health or the environment resulting from the actual or threatened discharge of group-5 fuel oil from a vessel or facility that cannot be technologically or economically addressed by existing or anticipated cleanup efforts, the Secretary may initiate a rulemaking to take such action as is necessary to abate the threat. (b) Study of Automatic Fueling Shutoff Equipment. (1) Coordination of study.-The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a study of the unintentional or accidental discharge of fuel oil during lightering or fuel loading or off-loading activity. (2) Matters to be included.-The study under this subsection shall include a review and analysis of current monitoring and fueling practices to determine the need for automatic fuel shutoff equipment to prevent the accidental discharge of fuel oil, and whether such equipment is needed as a supplement to or replacement of existing preventive equipment or procedures. (3) Report.-Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Secretary of Transportation shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under this subsection. (4) Rulemaking. If the Secretary of Transportation determines, based on the results of the study conducted under this subsection, that the use of automatic oil shutoff equipment is necessary to prevent the actual or threatened discharge of oil during lightering or fuel loading or off-loading activity, the Secretary may initiate a rulemaking to take such action as is necessary to abate a threat to public health or the environment. (c) Lightering Study.-The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council on a study into the actual incidence and risk of oil spills from lightering operations off the coast of the United States. Among other things, the study shall address the manner in which existing regulations are serving to reduce oil spill risks. The study shall take into account current or proposed international rules and standards and also include recommendations on measures that would be likely to further reduce the risks of oil spills from lightering operations. Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Secretary shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives." Existing Tank Vessel Research Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat. 3985, provided that: (a) Funding.-The Secretary of Transportation shall take steps to allocate funds appropriated for research, development, testing, and evaluation, including the combination of funds from any source available and authorized for this purpose, to ensure that any Government-sponsored project intended to evaluate double hull alternatives that provide equal or greater protection to the marine environment, or interim solutions to remediate potential environmental damage resulting from oil spills from existing tank vessels, commenced prior to the date of enactment of this section [Oct. 19, 1996], is fully funded for completion by the end of fiscal year 1997. Any vessel construction or repair necessary to carry out the purpose of this section must be performed in a shipyard located in the United States. (b) Use of Public Vessels.-The Secretary may provide vessels owned by, or demise chartered to, and operated by the Government and not engaged in commercial service, without reimbursement, for use in and the support of projects sponsored by the Government for research, development, testing, evaluation, and demonstration of new or improved technologies that are ef fective in preventing or mitigating oil discharges and protecting the environment." Oil Spill Prevention and Response Technology Test and Evaluation Program Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat. 2425, provided that: "(a) Not later than 6 months after the date of enactment of this Act [Dec. 20, 1993], the Secretary of Transportation shall establish a program to evaluate the technological feasibility and environmental benefits of having tank vessels carry oil spill prevention and response technology. To implement the program the Secretary shall (1) publish in the Federal Register an invitation for submission of proposals including plans and procedures for testing; and (2) review and evaluate technology using, to the maximum extent possible, existing evaluation and performance standards. (b) The Secretary shall, to the maximum extent possible, incorporate in the program established in subsection (a), the results of existing studies and evaluations of oil spill prevention and response technology carried on tank vessels. (c) Not later than 2 years after the date of the enactment of this Act [Dec. 20, 1993], the Secretary shall evaluate the results of the program established in subsection (a) and submit a report to Congress with recommendations on the feasibility and environmental benefits of, and appropriate equipment and utilization standards for, requiring tank vessels to carry oil spill prevention and response equipment. (d) Not later than 6 months after the date of the enactment of this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the Congress on the feasibility of using segregated ballast tanks for emergency transfer of cargo and storage of recovered oil." Regulations Requiring Periodic Gauging of Plating Thickness for Oil Carrying Commercial Vessels Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515, provided that: “Not later than 1 year after the date of the enactment of this Act [Aug. 18, 1990], the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue |