46 U.S.C. § 3702: Application

Subject to subsections (b)–(e) of this section, this chapter applies to a tank vessel. not a tanker; and in the service of exploration, development, or production of offshore energy resources. This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title , or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title when engaged only in the fishing industry. This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons as measured under section 14502 of this title , or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title . However, the vessel is subject to regulation by the Secretary when carrying flammable or combustible liquid cargo in bulk. This chapter does not apply to a foreign vessel on innocent passage on the navigable waters of the United States. the vessel is used only in response-related activities; or not more than 500 gross tons as measured under section 14502 of this title , or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title ; designated in its certificate of inspection as an oil spill response vessel; and engaged in response-related activities. Notwithstanding any other provision of law and not later than 60 days after the date of enactment of this Act [ Dec. 18, 2025 ], the Commandant [of the Coast Guard] shall amend section 125.115(b) of title 46, Code of Federal Regulations (as in effect on such date of enactment), to reflect the amendment made in subsection (a) [amending this section]. If the Commandant fails to amend the section described in paragraph (1) by the date that is 60 days after the date of enactment of this Act, then, in lieu of the application of such section, the Secretary shall allow vessels to which section 3702 of title 46 , United States Code, applies to transfer fuel from the fuel supply tanks of such vessel to offshore facilities in support of exploration, development, or production of offshore energy resources. Not later than 60 days after the date of enactment of this Act, the Commandant shall amend section G6.3.a of the United States Coast Guard Marine Safety Manual, Volume II titled ‘Materiel Inspection: Outer Continental Shelf Activities’, issued September 20, 2021 (COMDTINST M16000.76) (as in effect on such date of enactment), to reflect the amendment made in subsection (a). If the Commandant fails to amend the section described in paragraph (1) by the date that is 60 days after the date of enactment of this Act, then the Secretary shall in lieu of such section not apply section 3702 of title 46 , United States Code, to a documented vessel transferring fuel from the fuel supply tanks of such vessel to an offshore facility if such vessel is not a tanker and is in the service of exploration, development, or production of offshore energy resources.”