46 U.S.C. § 3703a — Tank vessel construction standards

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 Page 85 TITLE 46—SHIPPING § 3703a documentation as a wrecked vessel under sec- tion 12112 of this title. (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 was deliv- ered 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 be- fore June 30, 1990, and that qualified for docu- mentation as a wrecked vessel under section 12112 of this title before January 1, 1994, may not operate in the navigable waters or the Exclusive Economic Zone of the United States 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 was 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 qualified for documentation as a wrecked vessel under section 12112 of this title 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, or an alternate tonnage measured under section 14302 as pre- scribed by the Secretary under section 14104, 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, or an alternate tonnage measured under section 14302 as pre- scribed by the Secretary under section 14104, 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, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under sec- tion 14104, 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 dou- ble sides may not operate after January 1, 2015. (d) The operation of barges described in sub- section (b)(5) outside waters described in that subsection shall be on any conditions as the Sec- retary may require. (e)(1) For the purposes of this section, the gross tonnage of a vessel shall be the gross ton- nage that would have been recognized by the Secretary on July 1, 1997, as the tonnage meas- ured under section 14502 of this title, or as an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. (2) 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, § 4115(a), Aug. 18, 1990, 104 Stat. 517; amended Pub. L. 104–324, title VII, § 715, title XI, § 1103, Oct. 19, 1996, 110 Stat. 3937, 3966; Pub. L. 105–85, div. C, title XXXVI, § 3606, Nov. 18, 1997, 111 Stat. 2077; Pub. L. 109–304, § 15(15), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 115–91, div. C, title XXXV, § 3502(b)(3), Dec. 12, 2017, 131 Stat. 1910; Pub. L. 115–232, div. C, title XXXV, § 3544(a), Aug. 13, 2018, 132 Stat. 2324.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(3) to (6). Pub. L. 115–232, § 3544(a)(1), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3) which related to certain vessels before January 1, 2015, unloading oil in bulk or offloading in lightering activities. Subsec. (c)(2). Pub. L. 115–232, § 3544(a)(2), substituted ‘‘that was delivered’’ for ‘‘that is delivered’’ and ‘‘that qualified’’ for ‘‘that qualifies’’ and struck out ‘‘after January 1, 2015,’’ after ‘‘the United States’’. Subsec. (c)(3). Pub. L. 115–232, § 3544(a)(3), in introduc- tory provisions, substituted ‘‘that was delivered’’ for ‘‘that is delivered’’ and ‘‘that qualified’’ for ‘‘that qualifies’’. Subsec. (c)(3)(A). Pub. L. 115–232, § 3544(a)(4), added subpar. (A) and struck out former subpar. (A) which set various age limits for vessels between 5,000 and 15,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title. Subsec. (c)(3)(B). Pub. L. 115–232, § 3544(a)(5), added subpar. (B) and struck out former subpar. (B) which set various age limits for vessels between 15,000 and 30,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title. Subsec. (c)(3)(C). Pub. L. 115–232, § 3544(a)(6), added subpar. (C) and struck out former subpar. (C) which set various age limits for vessels 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. Subsec. (e)(1). Pub. L. 115–232, § 3544(a)(7)(A), stuck out ‘‘and except as otherwise provided in paragraphs (2) and (3) of this subsection’’ after ‘‘purposes of this sec- tion’’. Subsec. (e)(2), (3). Pub. L. 115–232, § 3544(a)(7)(B), redes- ignated par. (3) as (2) and struck out former par. (2) which related to waiver of the application of paragraph (1) to certain tank vessels. 2017—Subsec. (b)(6). Pub. L. 115–91 substituted ‘‘sec- tion 57100’’ for ‘‘section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)’’. 2006—Subsec. (c)(1)(C), (2), (3). Pub. L. 109–304 sub- stituted ‘‘documentation as a wrecked vessel under sec- tion 12112 of this title’’ for ‘‘documentation under sec- tion 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14)’’. 1997—Subsec. (e). Pub. L. 105–85 added subsec. (e). 1996—Subsec. (b)(2). Pub. L. 104–324, § 715(1), inserted ‘‘as measured under section 14502 of this title, or an al- Page 86 TITLE 46—SHIPPING § 3704 ternate 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, § 1103(1), added pars. (4) to (6). Subsec. (c)(2). Pub. L. 104–324, § 715(2), 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’’ in two places. Subsec. (c)(3)(A). Pub. L. 104–324, § 715(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 ‘‘15,000 gross tons’’. Subsec. (c)(3)(B). Pub. L. 104–324, § 715(4), 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 ‘‘30,000 gross tons’’. Subsec. (c)(3)(C). Pub. L. 104–324, § 715(5), 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 ‘‘30,000 gross tons’’. Subsec. (d). Pub. L. 104–324, § 1103(2), added subsec. (d). Statutory Notes and Related Subsidiaries 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 Nav- igable Waters. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TANK VESSELS OVER 5,000 GROSS TONS TO COMPLY UNTIL JANUARY 1, 2015, WITH ENVIRONMENTALLY PROTECTIVE STRUCTURAL AND OPERATIONAL REQUIRE- MENTS Pub. L. 101–380, title IV, § 4115(b), Aug. 18, 1990, 104 Stat. 520, 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 re- quirements that the Secretary determines will provide as substantial protection to the environment as is eco- nomically and technologically feasible.’’ STUDY ON OTHER STRUCTURAL AND OPERATIONAL TANK VESSEL REQUIREMENTS Pub. L. 101–380, title IV, § 4115(e), Aug. 18, 1990, 104 Stat. 520, as amended by Pub. L. 105–383, title IV, § 423, Nov. 13, 1998, 112 Stat. 3440; Pub. L. 108–293, title VII, § 705, Aug. 9, 2004, 118 Stat. 1075; Pub. L. 109–241, title IX, § 901(n), July 11, 2006, 120 Stat. 565, 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 recommenda- tions from the National Academy of Sciences or other qualified organizations, whether other structural and operational tank vessel requirements will provide pro- tection 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 or- ganizations on methods for further increasing the en- vironmental and operational safety of tank vessels; ‘‘(B) not later than 5 years after the date of enact- ment 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) No later than one year after the date of enact- ment of the Coast Guard and Maritime Transportation Act of 2004 [Aug. 9, 2004], the Secretary shall, taking into account the recommendations contained in the re- port by the Marine Board of the National Research Council entitled ‘Environmental Performance of Tank- er Design in Collision and Grounding’ and dated 2001, establish and publish an environmental equivalency evaluation index (including the methodology to develop that index) to assess overall outflow performance due to collisions and groundings for double hull tank ves- sels and alternative designs.’’ Executive Documents 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. § 3704. Coastwise trade vessels A segregated ballast tank, a crude oil washing system, or an inert gas system, required by this chapter or a regulation prescribed under this chapter, on a vessel entitled to engage in the coastwise trade under chapter 551 of this title shall be installed in the United States (except the trust territories). A vessel failing to comply with this section may not engage in the coast- wise trade. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 522; Pub. L. 109–304, § 15(16), Oct. 6, 2006, 120 Stat. 1703.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3704 .............................................. 46:391a(7) Section 3704 requires any tank vessel that is entitled to engage in the coastwise trade to install certain equipment in the United States under the penalty of losing coastwise trading privileges if the installation work is done in a foreign country. Editorial Notes AMENDMENTS 2006—Pub. L. 109–304 substituted ‘‘chapter 551 of this title’’ for ‘‘section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),’’. § 3705. Crude oil tanker minimum standards (a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with— (1) protectively located segregated ballast tanks; (2) a crude oil washing system; and (3) a cargo tank protection system con- sisting of a fixed deck froth system and a fixed inert gas system. (b) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with—