Page:United States Statutes at Large Volume 118.djvu/1097

Rh :(3) the Secretary determines that use of the unit under the approval will not compromise safety.

(b) —The approval by the Secretary under this section shall apply for the 5 year period beginning on the date of the enactment of this Act.

(a) —Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended—
 * (1) by striking “and” after the semicolon in paragraph (24)(B);
 * (2) by striking “threat.” in paragraph (25) and inserting “threat; and”; and
 * (3) by adding at the end the following:
 * “(26) ‘nontank vessel’ means a self-propelled vessel of 400 gross tons as measured under section 14302 of title 46, United States Code, or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion and that—
 * “(A) is a vessel of the United States; or
 * “(B) operates on the navigable waters of the United States.”.

(b) —Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended—
 * (1) in paragraph (5) in the heading by inserting “, ,” after “”;
 * (2) in paragraph (5)(A)—
 * (A) by inserting: “(i)” after “(A)”; and
 * (B) by adding at the end the following:
 * “(ii) The President shall also issue regulations which require an owner or operator of a non-tank vessel to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil.”;
 * (3) in paragraph (5)(B), in the matter preceding clause (i), by inserting “, nontank vessels,” after “vessels”;
 * (4) in paragraph (5)(B), by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following:
 * “(ii) A nontank vessel.”;
 * (5) in paragraph (5)(D)—
 * (A) by inserting “, nontank vessel,” after “vessel”;
 * (B) by striking “and” after the semicolon at the end of clause (iii);
 * (C) by striking the period at the end of clause (iv) and inserting “; and”; and
 * (D) by adding after clause (iv) the following:
 * “(v) in the case of a plan for a nontank vessel, consider any applicable State-mandated response plan in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2004 and ensure consistency to the extent practicable.”;