46 U.S.C. § 3703 — Regulations

Page 80 TITLE 46—SHIPPING § 3702 1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5) defining ‘‘State’’ as including Trust Territory of the Pacific Islands in addition to its meaning under section 2101(36) of this title, and struck out par. (6) defining ‘‘United States’’ as including the Trust Territory of the Pacific Islands in addition to its meaning under section 2101(44) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title. § 3702. Application (a) Subject to subsections (b)–(e) of this sec- tion, this chapter applies to a tank vessel. (b) This chapter does not apply to a docu- mented vessel that would be subject to this chapter only because of the transfer of fuel from the fuel supply tanks of the vessel to offshore drilling or production facilities in the oil indus- try if the vessel is— (1) not a tanker; and (2) in the service of oil exploitation. (c) 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. (d) This chapter does not apply to a fish proc- essing 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 car- rying flammable or combustible liquid cargo in bulk. (e) This chapter does not apply to a foreign vessel on innocent passage on the navigable wa- ters of the United States. (f) This chapter does not apply to an oil spill response vessel if— (1) the vessel is used only in response-related activities; or (2) the vessel is— (A) not more than 500 gross tons as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title; (B) designated in its certificate of inspec- tion as an oil spill response vessel; and (C) engaged in response-related activities. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98–364, title IV, § 402(6), July 17, 1984, 98 Stat. 446; Pub. L. 104–324, title VII, § 714, title XI, § 1104(b), Oct. 19, 1996, 110 Stat. 3936, 3966; Pub. L. 111–281, title VI, § 617(a)(2), Oct. 15, 2010, 124 Stat. 2973.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3702 .............................................. 46:391a Section 3702, with certain exceptions, makes this chapter applicable to any tank vessel operating in the navigable waters of the United States or transferring oil or hazardous materials in any port or place subject to the jurisdiction of the United States, and which car- ries oil or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of pro- pulsion; whether it is self-propelled or not; whether it is carrying freight or passengers for hire or not; and whether it is a vessel of the United States or a foreign vessel. It exempts certain small vessels documented in the service of oil exploitation, certain small tender and fishing vessels used in the Northwest salmon or crab fisheries, certain vessels used in the processing and as- sembling of fishery products used in the Northwest fisheries, public vessels, and foreign vessels engaged on innocent passage on the navigable waters of the United States. However, processing vessels, while not treated as tank vessels, are still subject to regulation when carrying flammable or combustible liquid cargo in bulk. Editorial Notes AMENDMENTS 2010—Subsec. (b)(1) to (3). Pub. L. 111–281 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1), which read as follows: ‘‘not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under sec- tion 14302 of this title as prescribed by the Secretary under section 14104 of this title;’’. 1996—Subsec. (b)(1). Pub. L. 104–324, § 714(1), inserted ‘‘as measured under section 14502 of this title, or an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘500 gross tons’’. Subsec. (c). Pub. L. 104–324, § 714(2), inserted ‘‘as meas- ured 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 ‘‘500 gross tons’’. Subsec. (d). Pub. L. 104–324, § 714(3), inserted ‘‘as measured under section 14502 of this title, or an alter- nate 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. (f). Pub. L. 104–324, § 1104(b), added subsec. (f). 1984—Subsec. (c). Pub. L. 98–364, § 402(6)(A), sub- stituted ‘‘This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons when engaged only in the fishing industry’’ for ‘‘This chapter does not apply to a cannery tender, fishing tender, or fishing vessel of not more than 500 gross tons, used in the salmon or crab fisheries of Alaska, Oregon, or Washington, when engaged only in the fishing indus- try’’. Subsec. (d). Pub. L. 98–364, § 402(6)(B), substituted ‘‘This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons’’ for ‘‘This chapter does not apply to a vessel of not more than 5,000 gross tons used in processing and assembling fishery products of the fisheries of Alaska, Oregon, and Washington’’. § 3703. Regulations (a) The Secretary shall prescribe regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels to which this chapter applies, that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environ- ment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regula- tions that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations Page 81 TITLE 46—SHIPPING § 3703 prescribed under other laws that may apply to any of those vessels. Regulations prescribed under this subsection shall include requirements about— (1) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propul- sion machinery, auxiliary machinery, and boilers; (2) the handling or stowage of cargo, the manner of handling or stowage of cargo, and the machinery and appliances used in the han- dling or stowage; (3) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment; (4) the manning of vessels and the duties, qualifications, and training of the officers and crew; (5) improvements in vessel maneuvering and stopping ability and other features that re- duce the possibility of marine casualties; (6) the reduction of cargo loss if a marine casualty occurs; and (7) the reduction or elimination of dis- charges during ballasting, deballasting, tank cleaning, cargo handling, or other such activ- ity. (b) In prescribing regulations under subsection (a) of this section, the Secretary shall consider the types and grades of cargo permitted to be on board a tank vessel. (c) In prescribing regulations under subsection (a) of this section, the Secretary shall establish procedures for consulting with, and receiving and considering the views of— (1) interested departments, agencies, and in- strumentalities of the United States Govern- ment; (2) officials of State and local governments; (3) representatives of port and harbor au- thorities and associations; (4) representatives of environmental groups; and (5) other interested parties knowledgeable or experienced in dealing with problems involv- ing vessel safety, port and waterways safety, and protection of the marine environment. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 522.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3703 .............................................. 46:391a(6) 46:391a(12) Section 3703 requires the Secretary to issue regula- tions to implement this section. Specific items are list- ed to be included within the regulations issued. The regulatory authority must be exercised under the Ad- ministrative Procedure Act and, in prescribing these regulations, the Secretary must consider the kinds and grades of cargo carried on board. Furthermore, in addi- tion to any requirements of the Administrative Proce- dure Act, the Secretary must establish specific con- sultation procedures for considering the views of var- ious specified interested officials, groups, and individ- uals. The procedures are intended to provide for con- sultation as early as possible in the regulatory process. Statutory Notes and Related Subsidiaries OIL FUEL TANK PROTECTION Pub. L. 111–281, title VI, § 617(e), Oct. 15, 2010, 124 Stat. 2973, provided that: ‘‘(1) APPLICATION.—An offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, that is constructed under a contract entered into after the date of enactment of this Act [Oct. 15, 2010], or that is delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Pre- vention of Pollution from Ships, 1973, entitled Oil Fuel Tank Protection, regardless of whether such vessel is engaged in the coastwise trade or on an international voyage. ‘‘(2) DEFINITION.—In this subsection the term ‘oil fuel’ means any oil used as fuel in connection with the pro- pulsion and auxiliary machinery of the vessel in which such oil is carried.’’ REGULATIONS FOR OFFSHORE SUPPLY VESSELS OF AT LEAST 6,000 GROSS TONS Pub. L. 111–281, title VI, § 617(f), Oct. 15, 2010, 124 Stat. 2974, as amended by Pub. L. 111–330, § 1(8), Dec. 22, 2010, 124 Stat. 3569, provided that: ‘‘(1) IN GENERAL.—Not later than January 1, 2012, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations to implement the amendments and authorities enacted by this sec- tion [amending sections 2101, 3702, 7312, and 8104 of this title, enacting provisions set out as a note under this section, and amending provisions set out as a note under section 2101 of this title] for offshore supply ves- sels of at least 6,000 gross tons as measured under sec- tion 14302 of title 46, United States Code, and to ensure the safe carriage of oil, hazardous substances, and indi- viduals in addition to the crew on such vessels. The final rule issued pursuant to such rulemaking may su- persede the interim final rule promulgated under para- graph (2) of this subsection. In promulgating regula- tions under this subsection, the Secretary shall take into consideration the characteristics of offshore sup- ply vessels, their methods of operation, and their serv- ice in support of exploration, exploitation, or produc- tion of offshore mineral or energy resources. ‘‘(2) INTERIM FINAL RULE AUTHORITY.—As soon as is practicable and without regard to the provisions of chapters 5 and 6 of title 5, United States Code, the Sec- retary shall issue an interim final rule as a temporary regulation implementing this section (including the amendments made by this section) for offshore supply vessels of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, and to en- sure the safe carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels. ‘‘(3) INTERIM PERIOD.—After the effective date of this Act [Oct. 15, 2010], prior to the effective date of the reg- ulations prescribed by paragraph (2) of this subsection, and without regard to the provisions of chapters 5 and 6 of title 5, United States Code, and the offshore supply vessel tonnage limits of applicable regulations and pol- icy guidance promulgated prior to the date of enact- ment of this Act [Oct. 15, 2010], the Secretary of the de- partment in which the Coast Guard is operating may— ‘‘(A) issue a certificate of inspection under section 3309 of title 46, United States Code, to an offshore supply vessel of at least 6,000 gross tons as measured under section 14302 of that title if the Secretary de- termines that such vessel’s arrangements and equip- ment meet the current Coast Guard requirements for certification as a cargo and miscellaneous vessel; ‘‘(B) authorize a master, mate, or engineer who pos- sesses an ocean or near coastal license and endorse- ment under part 11 of subchapter B of title 46, Code of Federal Regulations, (or any successor regulation) that qualifies the licensed officer for service on off- shore supply vessels of at least 3,000 gross tons but less than 6,000 gross tons, as measured under section 14302 of title 46, United States Code, to operate off- shore supply vessels of at least 6,000 gross tons, as measured under such section; and ‘‘(C) authorize any such master, mate, or engineer who also possesses an ocean or near coastal license Page 82 TITLE 46—SHIPPING § 3703 and endorsement under such part that qualifies the licensed officer for service on non trade-restricted vessels of at least 1,600 gross tons but less than 3,000 gross tons, as measured under such section, to in- crease the tonnage limitation of such license and en- dorsement under section 11.402(c) of such part, using service on vessels certificated under both subchapters I and L of such title and measured only under such section, except that such tonnage limitation shall not exceed 10,000 gross tons as measured under such section.’’ OIL TRANSFERS FROM VESSELS Pub. L. 111–281, title VII, § 702, Oct. 15, 2010, 124 Stat. 2980, as amended by Pub. L. 111–330, § 1(10), Dec. 22, 2010, 124 Stat. 3570, provided that: ‘‘(a) REGULATIONS.—Within 1 year after the date of enactment of this Act [Oct. 15, 2010], the Secretary of the department in which the Coast Guard is operating shall promulgate regulations to reduce the risks of oil spills in operations involving the transfer of oil from or to a tank vessel. The regulations— ‘‘(1) shall focus on operations that have the highest risks of discharge, including operations at night and in inclement weather; ‘‘(2) shall consider— ‘‘(A) requirements for the use of equipment, such as putting booms in place for transfers, safety, and environmental impacts; ‘‘(B) operational procedures such as manning standards, communications protocols, and restric- tions on operations in high-risk areas; or ‘‘(C) both such requirements and operational pro- cedures; and ‘‘(3) shall take into account the safety of personnel and effectiveness of available procedures and equip- ment for preventing or mitigating transfer spills. ‘‘(b) APPLICATION WITH STATE LAWS.—The regulations promulgated under subsection (a) do not preclude the enforcement of any State law or regulation the require- ments of which are at least as stringent as require- ments under the regulations (as determined by the Sec- retary) that— ‘‘(1) applies in State waters; and ‘‘(2) does not conflict with, or interfere with the en- forcement of, requirements and operational proce- dures under the regulations.’’ IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS INCIDENTS Pub. L. 111–281, title VII, § 703, Oct. 15, 2010, 124 Stat. 2981, as amended by Pub. L. 111–330, § 1(11), Dec. 22, 2010, 124 Stat. 3570, provided that: ‘‘(a) REPORT.—Within 1 year after the date of enact- ment of this Act [Oct. 15, 2010], the Secretary of the de- partment in which the Coast Guard is operating shall transmit a report to the Senate Committee on Com- merce, Science, and Transportation and the House Committee on Transportation and Infrastructure that, using available data— ‘‘(1) identifies the types of human errors that, com- bined, could cause oil spills, with particular attention to human error caused by fatigue, in the past 10 years; ‘‘(2) in consultation with representatives of indus- try and labor and experts in the fields of marine cas- ualties and human factors, identifies the most fre- quent types of near-miss oil spill incidents involving vessels such as collisions, allisions, groundings, and loss of propulsion in the past 10 years; ‘‘(3) describes the extent to which there are gaps in the data required under paragraphs (1) and (2), includ- ing gaps in the ability to define and identify fatigue, and explains the reason for those gaps; and ‘‘(4) includes recommendations by the Secretary and representatives of industry and labor and experts in the fields of marine casualties and human factors to address the identified types of errors and any such gaps in the data. ‘‘(b) MEASURES.—Based on the findings contained in the report required by subsection (a), the Secretary shall take appropriate action to reduce the risk of oil spills caused by human error. ‘‘(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED IN- FORMATION.—The identity of a person making a vol- untary disclosure under this section, and any informa- tion obtained from any such voluntary disclosure, shall be treated as confidential. ‘‘(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMA- TION.— ‘‘(1) IN GENERAL.—Except as provided in this sub- section, a party in a judicial proceeding may not use discovery to obtain information or data collected or received by the Secretary for use in the report re- quired in subsection (a). ‘‘(2) EXCEPTION.— ‘‘(A) Notwithstanding paragraph (1), a court may allow discovery by a party in a judicial proceeding of data described in paragraph (1) if, after an in camera review of the information or data, the court decides that there is a compelling reason to allow the discovery. ‘‘(B) When a court allows discovery in a judicial proceeding as permitted under this paragraph, the court shall issue a protective order— ‘‘(i) to limit the use of the data to the judicial proceeding; and ‘‘(ii) to prohibit dissemination of the data to any person who does not need access to the data for the proceeding. ‘‘(C) A court may allow data it has decided is dis- coverable under this paragraph to be admitted into evidence in a judicial proceeding only if the court places the data under seal to prevent the use of the data for a purpose other than for the proceeding. ‘‘(3) APPLICATION.—Paragraph (1) shall not apply to— ‘‘(A) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or mis- leading; or ‘‘(B) any disclosure made with reckless disregard as to the truth or falsity of that disclosure. ‘‘(e) RESTRICTION ON USE OF DATA.—Data that is vol- untarily submitted for the purpose of the study re- quired under subsection (a) shall not be used in an ad- ministrative action under chapter 77 of title 46, United States Code.’’ [Pub. L. 111–330, § 1(11), Dec. 22, 2010, 124 Stat. 3570, which directed amendment of section 703(a) of Pub. L. 111–281, set out above, by inserting ‘‘of the department in which the Coast Guard is operating’’ after ‘‘Sec- retary’’, was executed by making the insertion after ‘‘Secretary’’ the first place appearing, to reflect the probable intent of Congress.] PRESERVATION OF STATE AUTHORITY Pub. L. 111–281, title VII, § 711(c), Oct. 15, 2010, 124 Stat. 2987, provided that: ‘‘Nothing in this Act [see Ta- bles for classification] or in any other provision of Fed- eral law related to the regulation of maritime transpor- tation of oil shall affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof which require the escort by one or more tugs of laden oil tankers in the areas which are specified in section 4116(c) of the Oil Pollution Act of 1990 [Pub. L. 101–380] (46 U.S.C. 3703 note).’’ STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK Pub. L. 104–324, title IX, § 903, Oct. 19, 1996, 110 Stat. 3947, provided that: ‘‘(a) STUDY OF GROUP-5 FUEL OIL SPILLS.— ‘‘(1) DEFINITION.—In this subsection, the term ‘group-5 fuel oil’ means a petroleum-based oil that has a specific gravity of greater than 1.0. ‘‘(2) COORDINATION OF STUDY.—The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a Page 83 TITLE 46—SHIPPING § 3703 study of the relative environmental and public health risks posed by discharges of group-5 fuel oil. ‘‘(3) MATTERS TO BE INCLUDED.—The study under this subsection shall include a review and analysis of— ‘‘(A) the specific risks posed to the public health or welfare of the United States, including fish, shellfish and wildlife, public and private property, shorelines, beaches, habitat, and other natural re- sources under the jurisdiction or control of the United States, as a result of an actual or threat- ened discharge of group-5 fuel oil from a vessel or facility; ‘‘(B) cleanup technologies currently available to address actual or threatened discharge of group-5 fuel oil; and ‘‘(C) any technological and financial barriers that prevent the prompt remediation of discharges of group-5 fuel oil. ‘‘(4) REPORT.—Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Sec- retary of Transportation shall submit to the Com- mittee on Environment and Public Works and the Committee on Commerce, Science, and Transpor- tation of the Senate, and the Committee on Trans- portation and Infrastructure of the House of Rep- resentatives a report on the results of the study under this subsection. ‘‘(5) RULEMAKING.—If the Secretary of Transpor- tation determines, based on the results of the study under this subsection, that there are significant risks to public health or the environment resulting from the actual or threatened discharge of group-5 fuel oil from a vessel or facility that cannot be techno- logically or economically addressed by existing or an- ticipated cleanup efforts, the Secretary may initiate a rulemaking to take such action as is necessary to abate the threat. ‘‘(b) STUDY OF AUTOMATIC FUELING SHUTOFF EQUIP- MENT.— ‘‘(1) COORDINATION OF STUDY.—The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct a study of the unintentional or accidental discharge of fuel oil during lightering or fuel loading or off-load- ing activity. ‘‘(2) MATTERS TO BE INCLUDED.—The study under this subsection shall include a review and analysis of current monitoring and fueling practices to deter- mine the need for automatic fuel shutoff equipment to prevent the accidental discharge of fuel oil, and whether such equipment is needed as a supplement to or replacement of existing preventive equipment or procedures. ‘‘(3) REPORT.—Not later than 18 months after the date of enactment of this Act [Oct. 19, 1996], the Sec- retary of Transportation shall submit to the Com- mittee on Environment and Public Works and the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a report on the results of the study under this subsection. ‘‘(4) RULEMAKING.—If the Secretary of Transpor- tation determines, based on the results of the study conducted under this subsection, that the use of auto- matic oil shutoff equipment is necessary to prevent the actual or threatened discharge of oil during lightering or fuel loading or off[-]loading activity, the Secretary may initiate a rulemaking to take such action as is necessary to abate a threat to public health or the environment. ‘‘(c) LIGHTERING STUDY.—The Secretary of Transpor- tation shall coordinate with the Marine Board of the National Research Council on a study into the actual incidence and risk of oil spills from lightering oper- ations off the coast of the United States. Among other things, the study shall address the manner in which ex- isting regulations are serving to reduce oil spill risks. The study shall take into account current or proposed international rules and standards and also include rec- ommendations on measures that would be likely to fur- ther reduce the risks of oil spills from lightering oper- ations. Not later than 18 months after the date of en- actment of this Act [Oct. 19, 1996], the Secretary shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives.’’ EXISTING TANK VESSEL RESEARCH Pub. L. 104–324, title XI, § 1134, Oct. 19, 1996, 110 Stat. 3985, provided that: ‘‘(a) FUNDING.—The Secretary of Transportation shall take steps to allocate funds appropriated for research, development, testing, and evaluation, including the combination of funds from any source available and au- thorized for this purpose, to ensure that any Govern- ment-sponsored project intended to evaluate double hull alternatives that provide equal or greater protec- tion to the marine environment, or interim solutions to remediate potential environmental damage resulting from oil spills from existing tank vessels, commenced prior to the date of enactment of this section [Oct. 19, 1996], is fully funded for completion by the end of fiscal year 1997. Any vessel construction or repair necessary to carry out the purpose of this section must be per- formed in a shipyard located in the United States. ‘‘(b) USE OF PUBLIC VESSELS.—The Secretary may provide vessels owned by, or demise chartered to, and operated by the Government and not engaged in com- mercial service, without reimbursement, for use in and the support of projects sponsored by the Government for research, development, testing, evaluation, and demonstration of new or improved technologies that are effective in preventing or mitigating oil discharges and protecting the environment.’’ OIL SPILL PREVENTION AND RESPONSE TECHNOLOGY TEST AND EVALUATION PROGRAM Pub. L. 103–206, title III, § 310, Dec. 20, 1993, 107 Stat. 2425, provided that: ‘‘(a) Not later than 6 months after the date of enact- ment of this Act [Dec. 20, 1993], the Secretary of Trans- portation shall establish a program to evaluate the technological feasibility and environmental benefits of having tank vessels carry oil spill prevention and re- sponse technology. To implement the program the Sec- retary shall— ‘‘(1) publish in the Federal Register an invitation for submission of proposals including plans and proce- dures for testing; and ‘‘(2) review and evaluate technology using, to the maximum extent possible, existing evaluation and performance standards. ‘‘(b) The Secretary shall, to the maximum extent pos- sible, incorporate in the program established in sub- section (a), the results of existing studies and evalua- tions of oil spill prevention and response technology carried on tank vessels. ‘‘(c) Not later than 2 years after the date of the enact- ment of this Act [Dec. 20, 1993], the Secretary shall evaluate the results of the program established in sub- section (a) and submit a report to Congress with rec- ommendations on the feasibility and environmental benefits of, and appropriate equipment and utilization standards for, requiring tank vessels to carry oil spill prevention and response equipment. ‘‘(d) Not later than 6 months after the date of the en- actment of this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the Congress on the feasibility of using segregated ballast tanks for emergency trans- fer of cargo and storage of recovered oil.’’ REGULATIONS REQUIRING PERIODIC GAUGING OF PLAT- ING THICKNESS FOR OIL CARRYING COMMERCIAL VES- SELS Pub. L. 101–380, title IV, § 4109, Aug. 18, 1990, 104 Stat. 515, provided that: ‘‘Not later than 1 year after the date Page 84 TITLE 46—SHIPPING § 3703a of the enactment of this Act [Aug. 18, 1990], the Sec- retary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue— ‘‘(1) establishing minimum standards for plating thickness; and ‘‘(2) requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone.’’ REGULATIONS REQUIRING USE OF OVERFILL AND TANK LEVEL OR MONITORING DEVICES ON OIL CARRYING COMMERCIAL VESSELS Pub. L. 101–380, title IV, § 4110, Aug. 18, 1990, 104 Stat. 515, as amended by Pub. L. 108–293, title VII, § 702(a), Aug. 9, 2004, 118 Stat. 1068, provided that: ‘‘(a) STANDARDS.—The Secretary may establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks. ‘‘(b) USE.—No sooner than 1 year after the Secretary prescribes regulations under subsection (a), the Sec- retary may issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of— ‘‘(1) overfill devices, and ‘‘(2) tank level or pressure monitoring devices, which are referred to in subsection (a) and which meet any standards established by the Secretary under sub- section (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone.’’ TANKER NAVIGATION SAFETY STANDARDS STUDY Pub. L. 101–380, title IV, § 4111, Aug. 18, 1990, 104 Stat. 515, directed Secretary, not later than 2 years after Aug. 18, 1990, to conduct a study and report to Congress on whether existing laws and regulations are adequate to ensure safe navigation of vessels transporting oil or hazardous substances in bulk on navigable waters and waters of the exclusive economic zone. RULES GOVERNING OPERATION OF VESSELS ON AUTO- PILOT OR WITH UNATTENDED ENGINE ROOM Pub. L. 101–380, title IV, § 4114(a), Aug. 18, 1990, 104 Stat. 517, provided that: ‘‘In order to protect life, prop- erty, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act [Aug. 18, 1990] to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable wa- ters with the auto-pilot engaged or with an unattended engine room.’’ REGULATIONS REQUIRING ESCORTS FOR CERTAIN TANKERS; ‘‘TANKER’’ DEFINED Pub. L. 101–380, title IV, § 4116(c), (d), Aug. 18, 1990, 104 Stat. 523, as amended by Pub. L. 111–281, title VII, § 711(b)(1), Oct. 15, 2010, 124 Stat. 2987, provided that: ‘‘(c) ESCORTS FOR CERTAIN TANKERS.— ‘‘(1) IN GENERAL.—The Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, in- cluding Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia sub- ject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing ves- sels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary. ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— ‘‘(A) IN GENERAL.—The requirement in paragraph (1) relating to single hulled tankers in Prince Wil- liam Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Sec- retary (including regulations promulgated in ac- cordance with section 3703(a)(3) of title 46, United States Code, as set forth in part 168 of title 33, Code of Federal Regulations (as in effect on March 1, 2009) implementing this subsection with respect to those tankers) shall apply to double hulled tankers over 5,000 gross tons transporting oil in bulk in Prince William Sound, Alaska. ‘‘(B) IMPLEMENTATION OF REQUIREMENTS.—The Secretary of the department in which the Coast Guard is operating shall prescribe interim final reg- ulations to carry out subparagraph (A) as soon as practicable without notice and hearing pursuant to section 553 of title 5 of the United States Code.’’ ‘‘(d) TANKER DEFINED.—In this section [amending sec- tion 8502 of this title] the term ‘tanker’ has the same meaning the term has in section 2101 of title 46, United States Code.’’ [Pub. L. 111–281, title VII, § 711(b)(2), Oct. 15, 2010, 124 Stat. 2987, provided that: ‘‘The amendments made by subsection (b) [amending section 4116(c) of Pub. L. 101–380, set out above] take effect on the date that is 90 days after the date of enactment of this Act [Oct. 15, 2010].’’] § 3703a. Tank vessel construction standards (a) Except as otherwise provided in this sec- tion, 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, includ- ing the Exclusive Economic Zone. (b) This section does not apply to— (1) a vessel used only to respond to a dis- charge 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 Sec- retary 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 dis- charge of oil; (3) a vessel documented under chapter 121 of this title that was equipped with a double hull before August 12, 1992; (4) a barge of less than 1,500 gross tons (as measured under chapter 145 of this title) car- rying refined petroleum product in bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and wa- ters tributary thereto and in the waters of the Aleutian Islands and the Alaskan Peninsula west of 155 degrees west longitude; or (5) a vessel in the National Defense Reserve Fleet pursuant to section 57100. (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 deter- mined by the Coast Guard and is qualified for