1625-0042 Stat/Authority

§ 3703a

TITLE 46—SHIPPING

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 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

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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;
(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 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; 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 section 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 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, 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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§ 3703a

TITLE 46—SHIPPING

(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.)
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 introductory 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 section’’.
Subsec. (e)(2), (3). Pub. L. 115–232, § 3544(a)(7)(B), redesignated 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 ‘‘section 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 substituted ‘‘documentation as a wrecked vessel under section 12112 of this title’’ for ‘‘documentation under section 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 alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104
of this title’’ after ‘‘5,000 gross tons’’.
Subsec. (b)(4) to (6). Pub. L. 104–324, § 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 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, § 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, § 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, § 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, § 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.
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 relating 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 Security, and the Department of Homeland Security Reorganization 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 REQUIREMENTS

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 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, § 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 recommendations from the National Academy of Sciences or other
qualified organizations, whether other structural and
operational tank vessel requirements will provide protection to the marine environment equal to or greater
than that provided by double hulls, and shall report to
the Congress that determination and recommendations
for legislative action.
‘‘(2) REVIEW AND ASSESSMENT.—The Secretary shall—
‘‘(A) periodically review recommendations from the
National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels;
‘‘(B) not later than 5 years after the date of enactment of this Act [Aug. 18, 1990], assess the impact of
this section on the safety of the marine environment
and the economic viability and operational makeup
of the maritime oil transportation industry; and
‘‘(C) report the results of the review and assessment
to the Congress with recommendations for legislative
or other action.

§ 3704

TITLE 46—SHIPPING

Page 78

‘‘(3) No later than one year after the date of enactment of the Coast Guard and Maritime Transportation
Act of 2004 [Aug. 9, 2004], the Secretary shall, taking
into account the recommendations contained in the report by the Marine Board of the National Research
Council entitled ‘Environmental Performance of Tanker 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 vessels and alternative designs.’’

would be unreasonable and impracticable due to
the vessel’s design characteristics.
(e) A crude oil tanker engaged in transferring
oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of
the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply
with other applicable minimum standards of
this section.

TERRITORIAL SEA OF UNITED STATES

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L.
115–232, div. C, title XXXV, § 3544(b), Aug. 13,
2018, 132 Stat. 2325.)

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.

HISTORICAL AND REVISION NOTES

§ 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 coastwise 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.
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 consisting 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—
(1) segregated ballast tanks; or
(2) a crude oil washing system.
(c) An existing crude oil tanker of at least
20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be
equipped with segregated ballast tanks or a
crude oil washing system.
(d) An existing crude oil tanker of at least
20,000 deadweight tons shall be equipped with an
inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted
with high capacity tank washing machines, the
Secretary may grant an exemption if the vessel’s owner can show clearly that compliance

Revised section
3705(a)
3705(b)
3705(c)
3705(d)
3705(e)

Source section (U.S. Code)

.........................................
.........................................
.........................................
.........................................
.........................................

46:391a(7)(A)
46:391a(7)(D)
46:391a(7)(E)
46:391a(7)(F)
46:391a(7)(M)

Section 3705 requires compliance with certain minimum standards by a crude oil tanker, which is self-propelled. In general, the minimum required standards are
consistent with those international standards that
have been adopted as Protocols to the 1974 Safety of
Life at Sea Convention and the 1973 Marine Pollution
Convention.
Section 3705(a) requires new crude oil tankers of
20,000 deadweight tons or above to have protectively located segregated ballast tanks, a crude oil washing system, and a specified cargo tank protection system.
Section 3705(b) requires existing crude oil tankers of
40,000 deadweight tons or above to have segregated ballast tanks or a crude oil washing system. Compliance
may be delayed until June 1, 1985 for smaller tankers
that have dedicated clean ballast tanks.
Section 3705(c) requires existing crude oil tankers of
20,000 deadweight tons or above, but less than 40,000
deadweight tons, that are 15 years or older, to have segregated ballast tanks or a crude oil washing system by
January 1, 1985 or if less than 15 years old, by the date
on which it reaches 15 years of age.
Section 3705(d) requires existing crude oil tankers of
20,000 deadweight tons or above, to install an inert gas
system. An exemption for crude oil tankers of less than
40,000 deadweight tons not fitted with high-capacity
tank washing machines may be granted by the Secretary, only if it is demonstrated that compliance
would be unreasonable and impracticable due to the
vessel’s design characteristics.
Section 3705(e) requires existing crude oil tankers of
20,000 deadweight tons or above, engaged in the transfer
of oil from Outer Continental Shelf oil exploitation or
production facilities, to have segregated ballast tanks
or be operated with dedicated clean ballast tanks or
special ballast arrangements.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–232, § 3544(b)(1), struck
out par. (1) designation after ‘‘(b)’’, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2),
respectively, and struck out former par. (2) which read
as follows: ‘‘Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks.’’
Subsec. (c). Pub. L. 115–232, § 3544(b)(2), struck out
‘‘before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later’’ before
period at end.

§ 3706. Product carrier minimum standards
(a) A new product carrier of at least 30,000
deadweight tons shall be equipped with protectively located segregated ballast tanks.