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119th Congress

Title 46 — Shipping

Part B · Chapter 37 — Carriage of Liquid Bulk Dangerous Cargoes

§ 3703a. Tank vessel construction standards

Statutory text

(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 ;

(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 , and that was delivered under that contract before , 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 , and that qualified for documentation as a wrecked vessel under section 12112 of this title before , 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 , and that was delivered under that contract before , and a vessel that had its appraised salvage value determined by the Coast Guard before , and that qualified for documentation as a wrecked vessel under section 12112 of this title before , 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 ; and

(B)

a vessel that has a double bottom or double sides may not operate after .

(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 , 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)

This subsection does not apply to a tank vessel that, before , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Oil Pollution Act of 1990

    Pub. L. 101–380 title IV § 4115(a) · 104 Stat. 484

    Enacted · 46 U.S.C. § 3703a

    Added Pub. L. 101–380, title IV, § 4115(a), Aug. 18, 1990, 104 Stat. 517

    Source evidence

    Code source credit
    Added Pub. L. 101–380, title IV, § 4115(a), Aug. 18, 1990, 104 Stat. 517

    Enacted provision · exact public law section
    (a) Double Hull Requirement.— Chapter 37 of title 46, United States Code, is amended by inserting after section 3703 the following new section: “§ 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 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; or “(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. “(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 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 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— “(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— “(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 bull, 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— “(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.”.

  2. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 715(1) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 3703a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by inserting after “5,000 gross tons” the following: “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”;

  3. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 1103(1) · 110 Stat. 3901

    Added · 46 U.S.C. § 3703a(b)(4)(6)

    Pub. L. 104–324, § 1103(1), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (b)(4) to (6). Pub. L. 104–324, § 1103(1), added pars. (4) to (6).

    Enacted provision · exact public law section
    (1) in subsection (b), by— (A) striking “or” at the end of paragraph (2); (B) striking the period at the end of paragraph (3) and inserting a semicolon; and (C) adding at the end the following new paragraphs: “(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).”; and

  4. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 715(2) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 3703a(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) in subsection (c)(2), by inserting after “5,000 gross tons” each place it appears the following: “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”;

  5. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 715(3) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 3703a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) in subsection (c)(3)(A), by inserting after “15,000 gross tons” the following: “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”;

  6. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 715(4) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 3703a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (4) in subsection (c)(3)(B), by inserting after “30,000 gross tons” the following: “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”; and

  7. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 715(5) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 3703a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (5) in subsection (c)(3)(C), by inserting after “30,000 gross tons” the following: “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”.

  8. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 1103(2) · 110 Stat. 3901

    Added · 46 U.S.C. § 3703a(d)

    Pub. L. 104–324, § 1103(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–324, § 1103(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(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.”.

  9. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. C title XXXVI § 3606 · 111 Stat. 1629

    Added · 46 U.S.C. § 3703a(e)

    Pub. L. 105–85 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–85 added subsec. (e).

    Enacted provision · exact public law section
    SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PURPOSES OF TANK VESSEL DOUBLE HULL REQUIREMENTS. Section 3703a of title 46, United States Code, is amended by adding at the end the following: “(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”.

  10. Pub. L. 109–304 § 15(15) · 120 Stat. 1485

    Substituted · 46 U.S.C. § 3703a(c)(1)(C); 46 U.S.C. § 3703a(c)(1)(2); 46 U.S.C. § 3703a(c)(1)(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (15) In paragraphs (1)(C), (2), and (3) of section 3703a(c), strike “documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14)” and substitute “documentation as a wrecked vessel under section 12112 of this title”.

  11. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. C title XXXV § 3502(b)(3) · 131 Stat. 1283

    Substituted · 46 U.S.C. § 3703a(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (3) Section 3703a(b)(6) of title 46, United States Code, is amended by striking “section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)” and inserting “section 57100”.

  12. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(1) · 132 Stat. 1636

    1. Redesignated · 46 U.S.C. § 3703a(b)(3)(6)

      Pub. L. 115–232, § 3544(a)(1), redesignated pars. (4) to (6) as (3) to (5), respectively

    2. Struck · 46 U.S.C. § 3703a(b)(3)(6)

      Pub. L. 115–232, § 3544(a)(1), struck out former par. (3) which related to certain vessels before January 1, 2015, unloading oil in bulk or offloading in lightering activities

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;

  13. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(2) · 132 Stat. 1636

    1. Substituted · 46 U.S.C. § 3703a(c)(2)

      Pub. L. 115–232, § 3544(a)(2), substituted “that was delivered” for “that is delivered”

    2. Substituted · 46 U.S.C. § 3703a(c)(2)

      Pub. L. 115–232, § 3544(a)(2), substituted “that qualified” for “that qualifies”

    3. Struck · 46 U.S.C. § 3703a(c)(2)

      Pub. L. 115–232, § 3544(a)(2), struck out “after January 1, 2015,” after “the United States”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2)— (A) by striking “that is delivered” and inserting “that was delivered”; (B) by striking “that qualifies” and inserting “that qualified”; and (C) by striking “after January 1, 2015,”;

  14. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(3) · 132 Stat. 1636

    1. Substituted · 46 U.S.C. § 3703a(c)(3)

      Pub. L. 115–232, § 3544(a)(3), in introductory provisions, substituted “that was delivered” for “that is delivered”

    2. Substituted · 46 U.S.C. § 3703a(c)(3)

      Pub. L. 115–232, § 3544(a)(3), in introductory provisions, substituted “that qualified” for “that qualifies”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) in subsection (c)(3)— (A) by striking “that is delivered” and inserting “that was delivered”; and (B) by striking “that qualifies” and inserting “that qualified”;

  15. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(4) · 132 Stat. 1636

    1. Added · 46 U.S.C. § 3703a(c)(3)(A)

      Pub. L. 115–232, § 3544(a)(4), added subpar. (A)

    2. Struck · 46 U.S.C. § 3703a(c)(3)(A)

      Pub. L. 115–232, § 3544(a)(4), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (4) by striking subsection (c)(3)(A) and inserting the following: “(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;” ;

  16. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(5) · 132 Stat. 1636

    1. Added · 46 U.S.C. § 3703a(c)(3)(B)

      Pub. L. 115–232, § 3544(a)(5), added subpar. (B)

    2. Struck · 46 U.S.C. § 3703a(c)(3)(B)

      Pub. L. 115–232, § 3544(a)(5), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (5) by striking subsection (c)(3)(B) and inserting the following: “(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” ;

  17. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(6) · 132 Stat. 1636

    1. Added · 46 U.S.C. § 3703a(c)(3)(C)

      Pub. L. 115–232, § 3544(a)(6), added subpar. (C)

    2. Struck · 46 U.S.C. § 3703a(c)(3)(C)

      Pub. L. 115–232, § 3544(a)(6), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (6) by striking subsection (c)(3)(C) and inserting the following: “(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.” ; and

  18. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(7)(A) · 132 Stat. 1636

    Changed · 46 U.S.C. § 3703a(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “and except as otherwise provided in paragraphs (2) and (3) of this subsection”; and

  19. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3544(a)(7)(B) · 132 Stat. 1636

    1. Redesignated · 46 U.S.C. § 3703a(e)(2); 46 U.S.C. § 3703a(e)(3)

      Pub. L. 115–232, § 3544(a)(7)(B), redesignated par. (3) as (2)

    2. Struck · 46 U.S.C. § 3703a(e)(2); 46 U.S.C. § 3703a(e)(3)

      Pub. L. 115–232, § 3544(a)(7)(B), struck out former par. (2) which related to waiver of the application of paragraph (1) to certain tank vessels

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

27 of 27 references resolved to an enrolled provision

Editorial Notes

Amendments1996–2018 · 5 rounds

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 , 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 ,” 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).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to incidents occurring after , 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 , 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), , 104 Stat. 520, provided that: “The Secretary shall, within 12 months after the date of the enactment of this Act [], 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 , 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), , 104 Stat. 520, as amended by Pub. L. 105–383, title IV, § 423, , 112 Stat. 3440; Pub. L. 108–293, title VII, § 705, , 118 Stat. 1075; Pub. L. 109–241, title IX, § 901(n), , 120 Stat. 565, provided that:

“(1)

Other requirements.—

Not later than 6 months after the date of enactment of this Act [], 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 [], assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and

“(C)

report the results of the review and assessment to the Congress with recommendations for legislative or other action.

“(3)

No later than one year after the date of enactment of the Coast Guard and Maritime Transportation Act of 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.”

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Credits

1990–2018 · 6 acts
  1. 1990Added Pub. L. 101–380, title IV, § 4115(a), , 104 Stat. 517
  2. 1996amended Pub. L. 104–324, title VII, § 715, title XI, § 1103, , 110 Stat. 3937, 3966
  3. 1997Pub. L. 105–85, div. C, title XXXVI, § 3606, , 111 Stat. 2077
  4. 2006Pub. L. 109–304, § 15(15), , 120 Stat. 1703
  5. 2017Pub. L. 115–91, div. C, title XXXV, § 3502(b)(3), , 131 Stat. 1910
  6. 2018Pub. L. 115–232, div. C, title XXXV, § 3544(a), , 132 Stat. 2324.
Show as published

(Added Pub. L. 101–380, title IV, § 4115(a), , 104 Stat. 517; amended Pub. L. 104–324, title VII, § 715, title XI, § 1103, , 110 Stat. 3937, 3966; Pub. L. 105–85, div. C, title XXXVI, § 3606, , 111 Stat. 2077; Pub. L. 109–304, § 15(15), , 120 Stat. 1703; Pub. L. 115–91, div. C, title XXXV, § 3502(b)(3), , 131 Stat. 1910; Pub. L. 115–232, div. C, title XXXV, § 3544(a), , 132 Stat. 2324.)

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