Page:United States Statutes at Large Volume 104 Part 1.djvu/554

 104 STAT. 520 PUBLIC LAW 101-380 —AUG. 18, 1990 46 USC 3703a note. 46 USC 3703a note. Reports. "(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 Qo) 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.". (b) RULEMAKING.—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 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. (c) CLERICAL AMENDMENT. —The analysis for chapter 37 of title 46, United States Code, is amended by inserting after the item relating to section 3703 the following: "3703a. Tank vessel construction standards.". (d) LIGHTERING REQUIREMENTS.—Section 3715(a) of title 46, United States Code, is amended— (1) in paragraph (1), by striking "; and" and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting "; and"; and (3) by adding at the end the following: "(3) the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States; "(4) the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 3110') of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)); and "(5) the delivering and the receiving vessel are operating in compliance with section 3703a of this title.". (e) SECRETARIAL STUDIES. — (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.

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