§ 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—
(b)
This section does not apply to—
(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—
(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
(c)
(1)
In this subsection, the age of a vessel is determined from the later of the date on which the vessel—
(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 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 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 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 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 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;
(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;
(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;
(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—
(ii)
the Secretary determines that—