Statutory Authorization

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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1903]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
Sec. 1903. Administration and enforcement
(a) Duty of Secretary; Annexes of Convention applicable to seagoing
vessels
Unless otherwise specified in this chapter, the Secretary shall
administer and enforce the MARPOL Protocol, Annex IV to the Antarctic
Protocol, and this chapter. In the administration and enforcement of the
MARPOL Protocol and this chapter, Annexes I and II of the Convention
apply only to seagoing ships.
(b) Regulations; refuse record books; waste management plans;
notification of crew and passengers
(1) The Secretary shall prescribe any necessary or desired
regulations to carry out the provisions of the MARPOL Protocol, Annex IV
to the Antarctic Protocol, or this chapter.
(2) The Secretary of the department in which the Coast Guard is
operating shall-(A) prescribe regulations which-(i) require certain ships described in section 1902(a)(1) of
this title to maintain refuse record books and shipboard
management plans, and to display placards which notify the crew
and passengers of the requirements of Annex V to the Convention
and of Annex IV to the Antarctic Protocol; and
(ii) specify the ships described in section 1902(a)(1) of
this title to which the regulations apply;
(B) seek an international agreement or international agreements
which apply requirements equivalent to those described in
subparagraph (A)(i) to all vessels subject to Annex V to the
Convention; and
(C) within 2 years after the effective date of this paragraph,
report to the Congress-(i) regarding activities of the Secretary under subparagraph
(B); and
(ii) if the Secretary has not obtained agreements pursuant
to subparagraph (B) regarding the desirability of applying the
requirements described in subparagraph (A)(i) to all vessels
described in section 1902(a) of this title which call at United
States ports.
(c) Utilization of personnel, facilities, or equipment of other Federal
departments and agencies
The Secretary may utilize by agreement, with or without
reimbursement, personnel, facilities, or equipment of other Federal
departments and agencies in administering the MARPOL Protocol, this
chapter, or the regulations thereunder.
(Pub. L. 96-478, Sec. 4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100-220,
title II, Sec. 2107, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104-227,

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title II, Sec. 201(c), Oct. 2, 1996, 110 Stat. 3042.)
References in Text
The effective date of this paragraph, referred to in subsec.
(b)(2)(C), is Dec. 31, 1988, the effective date of section 2107(b) of
Pub. L. 100-220 which added par. (2) to subsec. (b). See Effective Date
of 1987 Amendment note below.
Amendments
1996--Subsec. (a). Pub. L. 104-227, Sec. 201(c)(1), inserted ``,
Annex IV to the Antarctic Protocol,'' after ``the MARPOL Protocol'' in
first sentence.
Subsec. (b)(1). Pub. L. 104-227, Sec. 201(c)(2), inserted ``, Annex
IV to the Antarctic Protocol,'' after ``the MARPOL Protocol''.
Subsec. (b)(2)(A). Pub. L. 104-227, Sec. 201(c)(3), (4), struck out
``within 1 year after the effective date of this paragraph,'' before
``prescribe'' in introductory provisions and inserted ``and of Annex IV
to the Antarctic Protocol'' after ``the Convention'' in cl. (i).
1987--Subsec. (a). Pub. L. 100-220, Sec. 2107(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``Unless
otherwise specified herein, the Secretary shall administer and enforce
the MARPOL Protocol and this chapter. In the administration and
enforcement of the MARPOL Protocol and this chapter, Annexes I and II of
the MARPOL Protocol shall be applicable only to seagoing ships.''
Subsec. (b). Pub. L. 100-220, Sec. 2107(b), designated existing
provisions as par. (1) and added par. (2).
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-220 effective Dec. 31, 1988, the date on
which Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, entered into force for the United States,
see section 2002(a) of Pub. L. 100-220, set out as a note under section
1901 of this title.
Effective Date
Subsec. (b) of this section effective Oct. 21, 1980, see section
14(b) of Pub. L. 96-478, set out as a note under section 1901 of this
title.

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3703]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 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 environment. The Secretary may prescribe
different regulations applicable to vessels engaged in the domestic
trade, and also may prescribe regulations that exceed standards set
internationally. Regulations prescribed by the Secretary under this
subsection are in addition to regulations 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, propulsion 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
handling 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 reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine casualty occurs; and
(7) the reduction or elimination of discharges during
ballasting, deballasting, tank cleaning, cargo handling, or other
such activity.
(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 instrumentalities of
the United States Government;
(2) officials of State and local governments;
(3) representatives of port and harbor authorities and
associations;
(4) representatives of environmental groups; and
(5) other interested parties knowledgeable or experienced in
dealing with problems involving vessel safety, port and waterways
safety, and protection of the marine environment.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

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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 regulations to
implement this section. Specific items are listed to be included within
the regulations issued. The regulatory authority must be exercised under
the Administrative Procedure Act and, in prescribing these regulations,
the Secretary must consider the kinds and grades of cargo carried on
board. Furthermore, in addition to any requirements of the
Administrative Procedure Act, the Secretary must establish specific
consultation procedures for considering the views of various specified
interested officials, groups, and individuals. The procedures are
intended to provide for consultation as early as possible in the
regulatory process.
Studies Addressing Various Sources of Oil Spill Risk
Pub. L. 104-324, title IX, Sec. 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 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 resources under the jurisdiction or
control of the United States, as a result of an actual or
threatened 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 Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(5) Rulemaking.--If the Secretary of Transportation
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 technologically or
economically addressed by existing or anticipated 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 Equipment.-``(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

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discharge of fuel oil during lightering or fuel loading or offloading activity.
``(2) Matters to be included.--The study under this subsection
shall include a review and analysis of current monitoring and
fueling practices to determine 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 Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(4) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study conducted under this
subsection, that the use of automatic 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 Transportation 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
operations off the coast of the United States. Among other things, the
study shall address the manner in which existing regulations are serving
to reduce oil spill risks. The study shall take into account current or
proposed international rules and standards and also include
recommendations on measures that would be likely to further reduce the
risks of oil spills from lightering operations. Not later than 18 months
after the date of enactment 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 Infrastructure of the House of Representatives.''
Existing Tank Vessel Research
Pub. L. 104-324, title XI, Sec. 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 authorized for this purpose, to ensure that any Government-sponsored
project intended to evaluate double hull alternatives that provide equal
or greater protection 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 performed 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 commercial 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, Sec. 310, Dec. 20, 1993, 107 Stat. 2425,

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provided that:
``(a) Not later than 6 months after the date of enactment of this
Act [Dec. 20, 1993], the Secretary of Transportation shall establish a
program to evaluate the technological feasibility and environmental
benefits of having tank vessels carry oil spill prevention and response
technology. To implement the program the Secretary shall-``(1) publish in the Federal Register an invitation for
submission of proposals including plans and procedures 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 possible,
incorporate in the program established in subsection (a), the results of
existing studies and evaluations of oil spill prevention and response
technology carried on tank vessels.
``(c) Not later than 2 years after the date of the enactment of this
Act [Dec. 20, 1993], the Secretary shall evaluate the results of the
program established in subsection (a) and submit a report to Congress
with recommendations 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 enactment 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 transfer of cargo and storage of recovered oil.''
Regulations Requiring Periodic Gauging of Plating Thickness for Oil
Carrying Commercial Vessels
Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515,
provided that: ``Not later than 1 year after the date of the enactment
of this Act [Aug. 18, 1990], the Secretary 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, Sec. 4110, Aug. 18, 1990, 104 Stat. 515,
provided that:
``(a) Standards.--Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall 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.--Not later than 1 year after the date of the enactment of
this Act [Aug. 18, 1990], the Secretary shall 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 the standards
established by the Secretary under subsection (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.''

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Tanker Navigation Safety Standards Study
Pub. L. 101-380, title IV, Sec. 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, Sec. 4114(a), Aug. 18, 1990, 104 Stat.
517, provided that: ``In order to protect life, property, 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 waters 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, Sec. 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, provided that:
``(c) Escorts for Certain Tankers.--Not later than 6 months after
the date of the enactment of this Act [Aug. 18, 1990], the Secretary
shall initiate issuance of regulations under section 3703(a)(3) of title
46, United States Code, to define those areas, including 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 subject 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
vessels (as defined under section 2101 of title 46, United States Code)
or other vessels considered appropriate by the Secretary.
``(d) Tanker Defined.--In this section [amending section 8502 of
this title] the term `tanker' has the same meaning the term has in
section 2101 of title 46, United States Code.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.

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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).

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(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

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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.

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(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''.

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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

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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.

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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: 46USC3710]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3710. Evidence of compliance by vessels of the United
States
(a) A vessel of the United States to which this chapter applies that
has on board oil or hazardous material in bulk as cargo or cargo residue
must have a certificate of inspection issued under this part, endorsed
to indicate that the vessel complies with regulations prescribed under
this chapter.
(b) Each certificate endorsed under this section is valid for not
more than 5 years and may be renewed as specified by the Secretary. In
appropriate circumstances, the Secretary may issue a temporary
certificate valid for not more than 30 days. A certificate shall be
suspended or revoked if the Secretary finds that the vessel does not
comply with the conditions under which the certificate was issued.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104-324, title VI,
Sec. 605(b), Oct. 19, 1996, 110 Stat. 3931.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3710.............................. 46:391a(8)(A)
46:391a(8)(E)
-----------------------------------------------------------------------Section 3710 prohibits any vessels of the United States subject to
this chapter from having on board oil or hazardous material in bulk as
cargo or in residue, unless it has a required Certificate of Inspection
endorsed to indicate vessel compliance with applicable regulations.
Certificates shall be valid for a period not to exceed two years and may
be renewed as specified by the Secretary. The Secretary may issue
temporary certificates of not more than thirty days duration and may
revoke or suspend any certificate under designated circumstances.
Amendments
1996--Subsec. (b). Pub. L. 104-324 substituted ``5 years'' for ``24
months''.
Section Referred to in Other Sections
This section is referred to in section 3715 of this title.

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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: 46USC3711]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3711. Evidence of compliance by foreign vessels
(a) A foreign vessel to which this chapter applies may operate on
the navigable waters of the United States, or transfer oil or hazardous
material in a port or place under the jurisdiction of the United States,
only if the vessel has been issued a certificate of compliance by the
Secretary. The Secretary may issue the certificate only after the vessel
has been examined and found to be in compliance with this chapter and
regulations prescribed under this chapter. The Secretary may accept any
part of a certificate, endorsement, or document, issued by the
government of a foreign country under a treaty, convention, or other
international agreement to which the United States is a party, as a
basis for issuing a certificate of compliance.
(b) A certificate issued under this section is valid for not more
than 24 months and may be renewed as specified by the Secretary. In
appropriate circumstances, the Secretary may issue a temporary
certificate valid for not more than 30 days.
(c) A certificate shall be suspended or revoked if the Secretary
finds that the vessel does not comply with the conditions under which
the certificate was issued.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3711.............................. 46:391a(8)(B)
46:391a(8)(C)
46:391a(8)(E)
-----------------------------------------------------------------------Section 3711 prohibits any foreign vessel from operating on the
navigable waters of the United States or from transferring oil or
hazardous material in any port or place under the jurisdiction of the
United States, unless it has a certificate of compliance issued by the
Secretary indicating that the vessel has been examined and found to be
in compliance with the provisions of the applicable regulations. It also
authorizes the Secretary to accept, in whole or in part, an appropriate
foreign certificate issued pursuant to any international agreement to
which the United States is a party, as a basis for issuing the
certificate of compliance. This means that the Secretary does not have
to accept foreign certificates as evidence of compliance, but may take
additional action to assure compliance with applicable domestic laws and
regulations and international treaty provisions.
Section Referred to in Other Sections
This section is referred to in section 3715 of this title.

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