Shipping - 46 USC Section 3703a

01/19/04

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).
(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
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.
(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.

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".
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 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."

Last modified: April 20, 2006