1625-0097 Stat/Authority

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(b) This chapter does not apply to a documented 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 industry 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 processing vessel of not more than 5,000 gross tons as
measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of this title. However, the vessel is subject to regulation by the Secretary when carrying
flammable or combustible liquid cargo in bulk.
(e) This chapter does not apply to a foreign vessel on innocent passage on the navigable waters
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 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;
(B) designated in its certificate of inspection 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 carries oil
or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of propulsion; 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 assembling 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.
Amendments
2010—Subsec. (b)(1) to (3). Pub. L. 111–281 redesignated
pars. (2) and (3) as (1) and (2), respectively, and struck

§ 3703

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 section
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 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. (c). Pub. L. 104–324, § 714(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 “500 gross tons”.
Subsec. (d). Pub. L. 104–324, § 714(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 “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), substituted
“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 industry”.
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 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.

§ 3703

TITLE 46—SHIPPING

(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.)
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.
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 Prevention 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 propulsion 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 section
[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 vessels of at least
6,000 gross tons as measured under section 14302 of title
46, United States Code, and to ensure the safe carriage of

Page 526

oil, hazardous substances, and individuals in addition to
the crew on such vessels. The final rule issued pursuant
to such rulemaking may supersede the interim final rule
promulgated under paragraph (2) of this subsection. In
promulgating regulations under this subsection, the Secretary shall take into consideration the characteristics
of offshore supply vessels, their methods of operation,
and their service in support of exploration, exploitation,
or production 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 Secretary
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 ensure 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 regulations 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 policy guidance promulgated prior to the date of enactment
of this Act [Oct. 15, 2010], the Secretary of the department 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 determines that such vessel’s arrangements and equipment
meet the current Coast Guard requirements for certification as a cargo and miscellaneous vessel;
“(B) authorize a master, mate, or engineer who possesses an ocean or near coastal license and endorsement 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 offshore
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 offshore 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
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 increase the
tonnage limitation of such license and endorsement
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 restrictions on
operations in high-risk areas; or
“(C) both such requirements and operational procedures; and

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TITLE 46—SHIPPING

“(3) shall take into account the safety of personnel
and effectiveness of available procedures and equipment 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 requirements of which are at least as stringent as requirements
under the regulations (as determined by the Secretary)
that—
“(1) applies in State waters; and
“(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures
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 enactment of this Act [Oct. 15, 2010], the Secretary of the department in which the Coast Guard is operating shall
transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure that, using
available data—
“(1) identifies the types of human errors that, combined, could cause oil spills, with particular attention
to human error caused by fatigue, in the past 10 years;
“(2) in consultation with representatives of industry
and labor and experts in the fields of marine casualties and human factors, identifies the most frequent
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), including 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 Information.—The identity of a person making a voluntary disclosure under this section, and any information
obtained from any such voluntary disclosure, shall be
treated as confidential.
“(d) Discovery of Voluntarily Submitted Information.—
“(1) In general.—Except as provided in this subsection, 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 required
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 discoverable 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.

§ 3703

“(3) Application.—Paragraph (1) shall not apply to—
“(A) any disclosure made with actual knowledge
that the disclosure was false, inaccurate, or misleading; 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 voluntarily submitted for the purpose of the study required
under subsection (a) shall not be used in an administrative 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 “Secretary”,
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 Tables for
classification] or in any other provision of Federal law
related to the regulation of maritime transportation 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 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

§ 3703

TITLE 46—SHIPPING

the National Research Council to conduct a study of
the unintentional or accidental discharge of fuel oil
during lightering or fuel loading or off-loading 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, § 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 Governmentsponsored 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, § 310, Dec. 20, 1993, 107 Stat.
2425, provided that:
“(a) Not later than 6 months after the date of enactment of this Act [Dec. 20, 1993], the Secretary of Trans-

Page 528

portation 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, § 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, § 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 Secretary 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 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.”
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.

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TITLE 46—SHIPPING

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, 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 autopilot 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, 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.
“(2) Prince william sound, alaska.—
“(A) In general.—The requirement in paragraph
(1) relating to single hulled tankers in Prince William Sound, Alaska, described in that paragraph being escorted by at least 2 towing vessels or other vessels considered to be appropriate by the Secretary
(including regulations promulgated in accordance 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 regulations
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 section 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 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

§ 3703a

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) 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) 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
(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 determined
by the Coast Guard and is qualified for documentation as a wrecked vessel under section 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 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 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 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 prescribed 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;