Page:United States Statutes at Large Volume 107 Part 3.djvu/490

This page needs to be proofread.


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