Page:United States Statutes at Large Volume 116 Part 3.djvu/509

 PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2101 vessel that has substantially greater capacity than the vessel described in subsection (b)(1). (2) MAXIMUM DURATION OF WAIVER.— The Secretary may not grant a waiver under subsection (a) for a period prior to, or extending more than 48 months after, the original contract delivery date of the vessel described in subsection (b)(1). (3) MAXIMUM NUMBER OF WAIVERS. —The Secretary may grant waivers under subsection (a) for not more than 3 self- propelled tank vessels. (d) DETERMINATION OF WAIVER.— (1) IN GENERAL.— A waiver grant under subsection (a) shall terminate on the earlier of— (A) the date established by the Secretary as its expiration date under subsection (c)(2); or (B) the date that is 60 days after the day on which the vessel described in subsection (b)(1) is delivered. (2) TERMINATION FOR INTENTIONAL DELAY. —The Secretary may terminate a waiver granted under subsection (a) at any time if the Secretary determines that the delay in the construction or delivery of the vessel described in subsection (b)(1) is no longer due to unusual circumstances. (e) SUSPENSION OF WAIVER.—The Secretary may suspend a waiver granted under subsection (a) for any period of time if the Secretary determines that a suitable tank vessel, or suitable tank vessel capacity, that would not require such a waiver is reasonably available to the person requesting the waiver. (f) CONTRACTED-FOR VESSEL DELIVERY. —I f the Secretary grants a waiver under subsection (a), the shipyard constructing the vessel described in subsection (b)(1) shall deliver the vessel, constructed in accordance with the terms of the contract, as soon as practicable after the delivery date established by the contract. (g) UNUSUAL CIRCUMSTANCES DEFINED.—In this section, the term "unusual circumst£inces" means bankruptcy of the shipyard or Acts of God (other than ordinary storms or inclement weather conditions), labor strikes, acts of sabotage, explosions, fires, or vandalism, and similar circumstances beyond the control of the parties to the contract which prevent commencement of construction, or timely delivery or completion, of a vessel. SEC. 215. REALIGNMENT OF POLICY RESPONSIBILITY IN THE DEPARTMENT OF TRANSPORTATION. (a) IN GENERAL.—Section 102 of title 49, United States Code, is amended by— (1) redesignating subsection (d) as subsection (g), and moving such subsection to appear after subsection (f); (2) inserting after subsection (c) the following: "(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant."; and

�