Page:United States Statutes at Large Volume 92 Part 2.djvu/207

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 14fi7

pursuant to any treaty, convention, or other international agreement to which the United States is a party, as a basis for issuance of a Certificate of Compliance. " (D) No vessel may carry any kind or grade of oil or hazardous materials in bulk as cargo or in residue unless its certificate is endorsed to allow such carriage. No such certificate may allow any vessel to carry any material prohibited by section 4472(3) of the Revised Statutes, as amended (46 U.S.C. 170). " (E) A certificate issued under this section shall be valid for a period not to exceed twenty-four months and may be renewed as specified by the Secretary. The Secretary may issue a temporary certificate under this section in appropriate circumstances; except that the temporary certificate shall be valid for not more than t h i r t y days. Any certificate shall be revoked or suspended if the Secretary finds that the vessel involved no longer complies with the conditions upon which the certificate was issued. "(9)

PERSONNEL AND M A N N I N G STANDARDS FOR VESSELS OF THE

UNITED STATES.—The Secretary shall prescribe standards for the mann i n g of any vessel of the United States subject to the provisions of this section and the duties, qualifications, and training of the officers and crew thereof, including, but not limited to, standards relating to— " (A) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas; " (B) instruction in vessel and cargo handling and vessel navigation in emergency situations and under accidental or potential accident conditions; " (C) license qualifications by specific type and size of vessels; " (D) qualification for licenses by use of simulators for the practice or demonstration of marine-oriented skills; " (E) minimum health and physical fitness criteria for various grades of licenses and certificates: Provided, That the Secretary Waiver, shall waive the applicability of such criteria to any individual conditions or holding a license or certificate in effect on the effective date of limitations. this subsection, including subsequent renewals thereof: Provided further, That, when such a waiver is granted, the Secretary may prescribe conditions or limitations to the license or certificate, or the renewal thereof, as he may find reasonable and necessary for the safety of any vessel on which the individual may be employed; " (F) periodic retraining, and special t r a i n i n g for u p g r a d i n g positions, changing vessel type or size, or assuming new responsibilities; and " (G) determination of licenses and certificates, conditions of licensing or certification and period of licensing or certification by reference to experience, amount of training completed, and regular performance testing. "(10)

TANKERMAN REQUIREMENTS.—

" (A) Any vessel of the United States having on board oil or hazardous materials in bulk as cargo or in residue shall have a specified number of the crew certificated as tankerman, as may be required by the Secretary, and such requirement shall be so noted on the Certificate of Inspection issued to the vessel. " (B) Any foreign vessel having on board oil or hazardous materials in bulk as cargo or in residue shall have a special

Certification.