Page:United States Statutes at Large Volume 92 Part 2.djvu/202

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 14«2

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PUBLIC LAW 95-474—OCT. 17, 1978 " (N) 'Crude oil tanker' means a tanker engaged in the trade of carrying crude oil. " (O) 'Product carrier' means a tanker engaged in the trade of carrying oil, other than crude oil. " (P) 'Major conversion' means a conversion of an existing ves!' sel which substantially alters the dimensions or carrying capacity of the vessel; or changes the type of vessel; or substantially prolongs its life; or which otherwise so alters the vessel that it is d essentially a new vessel, as determined by the Secretary. " (Q) 'New' means, w i t h respect to various types of vessels subject to subsection (7), a vessel— " (i) for which the building contract is placed after June 1, 1979; or " (ii) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction after January 1, 1980; or " ( i i i) the delivery of which is after June 1, 1982; or " ( i v) which has undergone a major conversion, which is • i contracted for after June 1, 1979, or construction work of which is begun after January 1, 1980, or completed after June 1, 1982. " (R) 'Existing' means, with respect to various types of vessels subject to subsection (7), a vessel which is not a new vessel. " (S) 'Crude oil' means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportaion, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added, " (3) APPLICABILITY.—Except as provided in subsections (4) and (5), this section shall apply to any vessel— " (A) regardless of tonnage, size, or manner of propulsion; " (B) whether self-propelled or not; " (C) whetlier carrying freight or passengers for hire or not; " (D) which is a vessel of the United States, or which operates on or enters the navigable waters of the United States, or which transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States; and " (E) which carries oil or any hazardous materials in bulk as cargo or in residue. Any such vessel shall be deemed to be a steam vessel for the purposes of title 52 of the Revised Statutes of the United States and shall b© subject to the provisions thereof. " (4) EXCEPTIONS.—This section shall not apply to— " (A) any public vessel; or " (B) any vessel of not more than 500 gross tons, documented in the service of oil exploitation, which is not a t a n k e r and which would be subject to this section only because of the transfer of fuel from fuel supply tanks of such vessels to offshore drilling or production facilities, if the crew member in charge of such transfer is certified as a t a n k e r m a n: Provided, That if the crew member in charge of the transfer of fuel holds a valid license as a master, mate, pilot, engineer or operator, it shall not be necessary for the crew member also to be certificated as a tankerman or have a tankerman endorsement on his license; or " (C) cannery tenders, fishing tenders, and fishing vessels of not more than 500 gross tons, used in the salmon or crab fisheries