
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3703a]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
          CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
 
Sec. 3703a. Tank vessel construction standards

    (a) Except as otherwise provided in this section, a vessel to which 
this chapter applies shall be equipped with a double hull--
        (1) if it is constructed or adapted to carry, or carries, oil in 
    bulk as cargo or cargo residue; and
        (2) when operating on the waters subject to the jurisdiction of 
    the United States, including the Exclusive Economic Zone.

    (b) This section does not apply to--
        (1) a vessel used only to respond to a discharge of oil or a 
    hazardous substance;
        (2) a vessel of less 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 equipped with a double containment 
    system determined by the Secretary to be as effective as a double 
    hull for the prevention of a discharge of oil;
        (3) before January 1, 2015--
            (A) a vessel unloading oil in bulk at a deepwater port 
        licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et 
        seq.); or
            (B) a delivering vessel that is offloading in lightering 
        activities--
                (i) within a lightering zone established under section 
            3715(b)(5) of this title; and
                (ii) more than 60 miles from the baseline from which the 
            territorial sea of the United States is measured;

        (4) a vessel documented under chapter 121 of this title that was 
    equipped with a double hull before August 12, 1992;
        (5) a barge of less than 1,500 gross tons (as measured under 
    chapter 145 of this title) carrying refined petroleum product in 
    bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi 
    Sea, and Arctic Ocean and waters tributary thereto and in the waters 
    of the Aleutian Islands and the Alaskan Peninsula west of 155 
    degrees west longitude; or
        (6) a vessel in the National Defense Reserve Fleet pursuant to 
    section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 
    1744).

    (c)(1) In this subsection, the age of a vessel is determined from 
the later of the date on which the vessel--
        (A) is delivered after original construction;
        (B) is delivered after completion of a major conversion; or
        (C) had its appraised salvage value determined by the Coast 
    Guard and is qualified for documentation under section 4136 of the 
    Revised Statutes of the United States (46 App. U.S.C. 14).

    (2) A vessel of less 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 for which a building contract or contract for major 
conversion was placed before June 30, 1990, and that is delivered under 
that contract before January 1, 1994, and a vessel of less 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 that had 
its appraised salvage value determined by the Coast Guard before June 
30, 1990, and that qualifies for documentation under section 4136 of the 
Revised Statutes of the United States (46 App. U.S.C. 14) before January 
1, 1994, may not operate in the navigable waters or the Exclusive 
Economic Zone of the United States after January 1, 2015, unless the 
vessel is equipped with a double hull or with a double containment 
system determined by the Secretary to be as effective as a double hull 
for the prevention of a discharge of oil.
    (3) A vessel for which a building contract or contract for major 
conversion was placed before June 30, 1990, and that is delivered under 
that contract before January 1, 1994, and a vessel that had its 
appraised salvage value determined by the Coast Guard before June 30, 
1990, and that qualifies for documentation under section 4136 of the 
Revised Statutes of the United States (46 App. U.S.C. 14) before January 
1, 1994, may not operate in the navigable waters or Exclusive Economic 
Zone of the United States unless equipped with a double hull--
        (A) in the case of a vessel of at least 5,000 gross tons but 
    less than 15,000 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--
            (i) after January 1, 1995, if the vessel is 40 years old or 
        older and has a single hull, or is 45 years old or older and has 
        a double bottom or double sides;
            (ii) after January 1, 1996, if the vessel is 39 years old or 
        older and has a single hull, or is 44 years old or older and has 
        a double bottom or double sides;
            (iii) after January 1, 1997, if the vessel is 38 years old 
        or older and has a single hull, or is 43 years old or older and 
        has a double bottom or double sides;
            (iv) after January 1, 1998, if the vessel is 37 years old or 
        older and has a single hull, or is 42 years old or older and has 
        a double bottom or double sides;
            (v) after January 1, 1999, if the vessel is 36 years old or 
        older and has a single hull, or is 41 years old or older and has 
        a double bottom or double sides;
            (vi) after January 1, 2000, if the vessel is 35 years old or 
        older and has a single hull, or is 40 years old or older and has 
        a double bottom or double sides; and
            (vii) after January 1, 2005, if the vessel is 25 years old 
        or older and has a single hull, or is 30 years old or older and 
        has a double bottom or double sides;

        (B) in the case of a vessel of at least 15,000 gross tons but 
    less than 30,000 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--
            (i) after January 1, 1995, if the vessel is 40 years old or 
        older and has a single hull, or is 45 years old or older and has 
        a double bottom or double sides;
            (ii) after January 1, 1996, if the vessel is 38 years old or 
        older and has a single hull, or is 43 years old or older and has 
        a double bottom or double sides;
            (iii) after January 1, 1997, if the vessel is 36 years old 
        or older and has a single hull, or is 41 years old or older and 
        has a double bottom or double sides;
            (iv) after January 1, 1998, if the vessel is 34 years old or 
        older and has a single hull, or is 39 years old or older and has 
        a double bottom or double sides;
            (v) after January 1, 1999, if the vessel is 32 years old or 
        older and has a single hull, or 37 years old or older and has a 
        double bottom or double sides;
            (vi) after January 1, 2000, if the vessel is 30 years old or 
        older and has a single hull, or is 35 years old or older and has 
        a double bottom or double sides;
            (vii) after January 1, 2001, if the vessel is 29 years old 
        or older and has a single hull, or is 34 years old or older and 
        has a double bottom or double sides;
            (viii) after January 1, 2002, if the vessel is 28 years old 
        or older and has a single hull, or is 33 years old or older and 
        has a double bottom or double sides;
            (ix) after January 1, 2003, if the vessel is 27 years old or 
        older and has a single hull, or is 32 years old or older and has 
        a double bottom or double sides;
            (x) after January 1, 2004, if the vessel is 26 years old or 
        older and has a single hull, or is 31 years old or older and has 
        a double bottom or double sides; and
            (xi) after January 1, 2005, if the vessel is 25 years old or 
        older and has a single hull, or is 30 years old or older and has 
        a double bottom or double sides; and

        (C) in the case of a vessel of at least 30,000 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--
            (i) after January 1, 1995, if the vessel is 28 years old or 
        older and has a single hull, or 33 years old or older and has a 
        double bottom or double sides;
            (ii) after January 1, 1996, if the vessel is 27 years old or 
        older and has a single hull, or is 32 years old or older and has 
        a double bottom or double sides;
            (iii) after January 1, 1997, if the vessel is 26 years old 
        or older and has a single hull, or is 31 years old or older and 
        has a double bottom or double sides;
            (iv) after January 1, 1998, if the vessel is 25 years old or 
        older and has a single hull, or is 30 years old or older and has 
        a double bottom or double sides;
            (v) after January 1, 1999, if the vessel is 24 years old or 
        older and has a single hull, or 29 years old or older and has a 
        double bottom or double sides; and
            (vi) after January 1, 2000, if the vessel is 23 years old or 
        older and has a single hull, or is 28 years old or older and has 
        a double bottom or double sides.

    (4) Except as provided in subsection (b) of this section--
        (A) a vessel that has a single hull may not operate after 
    January 1, 2010; and
        (B) a vessel that has a double bottom or double sides may not 
    operate after January 1, 2015.

    (d) The operation of barges described in subsection (b)(5) outside 
waters described in that subsection shall be on any conditions as the 
Secretary may require.
    (e)(1) For the purposes of this section and except as otherwise 
provided in paragraphs (2) and (3) of this subsection, the gross tonnage 
of a vessel shall be the gross tonnage that would have been recognized 
by the Secretary on July 1, 1997, as the tonnage measured under section 
14502 of this title, or as an alternate tonnage measured under section 
14302 of this title as prescribed by the Secretary under section 14104 
of this title.
    (2)(A) The Secretary may waive the application of paragraph (1) to a 
tank vessel if--
        (i) the owner of the tank vessel applies to the Secretary for 
    the waiver before January 1, 1998;
        (ii) the Secretary determines that--
            (I) the owner of the tank vessel has entered into a binding 
        agreement to alter the tank vessel in a shipyard in the United 
        States to reduce the gross tonnage of the tank vessel by 
        converting a portion of the cargo tanks of the tank vessel into 
        protectively located segregated ballast tanks; and
            (II) that conversion will result in a significant reduction 
        in the risk of a discharge of oil;

        (iii) at least 60 days before the date of the issuance of the 
    waiver, the Secretary--
            (I) publishes notice that the Secretary has received the 
        application and made the determinations required by clause (ii), 
        including a description of the agreement entered into pursuant 
        to clause (ii)(I); and
            (II) provides an opportunity for submission of comments 
        regarding the application; and

        (iv) the alterations referred to in clause (ii)(I) are completed 
    before the later of--
            (I) the date by which the first special survey of the tank 
        vessel is required to be completed after the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 1998; or
            (II) July 1, 1999.

    (B) A waiver under subparagraph (A) shall not be effective after the 
expiration of the 3-year period beginning on the first date on which the 
tank vessel would have been prohibited by subsection (c) from operating 
if the alterations referred to in subparagraph (A)(ii)(I) were not made.
    (3) This subsection does not apply to a tank vessel that, before 
July 1, 1997, had undergone, or was the subject of a contract for, 
alterations that reduce the gross tonnage of the tank vessel, as shown 
by reliable evidence acceptable to the Secretary.

(Added Pub. L. 101-380, title IV, Sec. 4115(a), Aug. 18, 1990, 104 Stat. 
517; amended Pub. L. 104-324, title VII, Sec. 715, title XI, Sec. 1103, 
Oct. 19, 1996, 110 Stat. 3937, 3966; Pub. L. 105-85, div. C, title 
XXXVI, Sec. 3606, Nov. 18, 1997, 111 Stat. 2077.)

                       References in Text

    The Deepwater Port Act of 1974, referred to in subsec. (b)(3)(A), is 
Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended, which is 
classified generally to chapter 29 (Sec. 1501 et seq.) of Title 33, 
Navigation and Navigable Waters. For complete classification of this Act 
to the Code, see Short Title note set out under section 1501 of Title 33 
and Tables.
    The date of the enactment of the National Defense Authorization Act 
for Fiscal Year 1998, referred to in subsec. (e)(2)(A)(iv)(I), is the 
date of enactment of Pub. L. 105-85, which was approved Nov. 18, 1997.


                               Amendments

    1997--Subsec. (e). Pub. L. 105-85 added subsec. (e).
    1996--Subsec. (b)(2). Pub. L. 104-324, Sec. 715(1), inserted ``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'' after ``5,000 gross 
tons''.
    Subsec. (b)(4) to (6). Pub. L. 104-324, Sec. 1103(1), added pars. 
(4) to (6).
    Subsec. (c)(2). Pub. L. 104-324, Sec. 715(2), inserted ``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'' after ``5,000 gross tons'' in two places.
    Subsec. (c)(3)(A). Pub. L. 104-324, Sec. 715(3), inserted ``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'' after ``15,000 gross 
tons''.
    Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 715(4), inserted ``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'' after ``30,000 gross 
tons''.
    Subsec. (c)(3)(C). Pub. L. 104-324, Sec. 715(5), inserted ``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'' after ``30,000 gross 
tons''.
    Subsec. (d). Pub. L. 104-324, Sec. 1103(2), added subsec. (d).


                             Effective Date

    Section applicable to incidents occurring after Aug. 18, 1990, see 
section 1020 of Pub. L. 101-380, set out as a note under section 2701 of 
Title 33, Navigation and Navigable Waters.


Tank Vessels Over 5,000 Gross Tons To Comply Until January 1, 2015, With 
   Environmentally Protective Structural and Operational Requirements

    Section 4115(b) of Pub. L. 101-380 provided that: ``The Secretary 
shall, within 12 months after the date of the enactment of this Act 
[Aug. 18, 1990], complete a rulemaking proceeding and issue a final rule 
to require that tank vessels over 5,000 gross tons affected by section 
3703a of title 46, United States Code, as added by this section, comply 
until January 1, 2015, with structural and operational requirements that 
the Secretary determines will provide as substantial protection to the 
environment as is economically and technologically feasible.''


   Study on Other Structural and Operational Tank Vessel Requirements

    Pub. L. 101-380, title IV, Sec. 4115(e), Aug. 18, 1990, 104 Stat. 
520, as amended by Pub. L. 105-383, title IV, Sec. 423, Nov. 13, 1998, 
112 Stat. 3440, provided that:
    ``(1) Other requirements.--Not later than 6 months after the date of 
enactment of this Act [Aug. 18, 1990], the Secretary shall determine, 
based on recommendations from the National Academy of Sciences or other 
qualified organizations, whether other structural and operational tank 
vessel requirements will provide protection to the marine environment 
equal to or greater than that provided by double hulls, and shall report 
to the Congress that determination and recommendations for legislative 
action.
    ``(2) Review and assessment.--The Secretary shall--
        ``(A) periodically review recommendations from the National 
    Academy of Sciences and other qualified organizations on methods for 
    further increasing the environmental and operational safety of tank 
    vessels;
        ``(B) not later than 5 years after the date of enactment of this 
    Act [Aug. 18, 1990], assess the impact of this section on the safety 
    of the marine environment and the economic viability and operational 
    makeup of the maritime oil transportation industry; and
        ``(C) report the results of the review and assessment to the 
    Congress with recommendations for legislative or other action.
    ``(3)(A) The Secretary of Transportation shall coordinate with the 
Marine Board of the National Research Council to conduct the necessary 
research and development of a rationally based equivalency assessment 
approach, which accounts for the overall environmental performance of 
alternative tank vessel designs. Notwithstanding the Coast Guard opinion 
of the application of sections 101 and 311 of the Clean Water Act (33 
U.S.C. 1251 and 1321), the intent of this study is to establish an 
equivalency evaluation procedure that maintains a high standard of 
environmental protection, while encouraging innovative ship design. The 
study shall include:
        ``(i) development of a generalized cost spill data base, which 
    includes all relevant costs such as clean-up costs and environmental 
    impact costs as a function of spill size;
        ``(ii) refinement of the probability density functions used to 
    establish the extent of vessel damage, based on the latest available 
    historical damage statistics, and current research on the crash 
    worthiness of tank vessel structures;
        ``(iii) development of a rationally based approach for 
    calculating an environmental index, to assess overall outflow 
    performance due to collisions and groundings; and
        ``(iv) application of the proposed index to double hull tank 
    vessels and alternative designs currently under consideration.
    ``(B) A Marine Board committee shall be established not later that 
[sic] 2 months after the date of the enactment of the Coast Guard 
Authorization Act of 1998 [Nov. 13, 1998]. The Secretary of 
Transportation shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure in the House of Representatives a report on the results 
of the study not later than 12 months after the date of the enactment of 
the Coast Guard Authorization Act of 1998.
    ``(C) Of the amounts authorized by section 1012(a)(5)(A) of this Act 
[33 U.S.C. 2712(a)(5)(A)], $500,000 is authorized to carry out the 
activities under subparagraphs (A) and (B) of this paragraph.''

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                    Contiguous Zone of United States

    For extension of contiguous zone of United States, see Proc. No. 
7219, Sept. 2, 1999, 64 F.R. 48701, set out as a note under section 1331 
of Title 43, Public Lands.

                  Section Referred to in Other Sections

    This section is referred to in section 3715 of this title; title 50 
App. section 1744.
