US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 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)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title a vessel of less than 5,000 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under 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)
section 12112 of this title had its appraised salvage value determined by the Coast Guard and is qualified for documentation as a wrecked vessel under .
(2)
section 14502 of this titlesection 14302 of this titlesection 14104 of this titlesection 14502 of this titlesection 14302 of this titlesection 14104 of this titlesection 12112 of this title A vessel of less than 5,000 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under 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 , or an alternate tonnage measured under as prescribed by the Secretary under that had its appraised salvage value determined by the Coast Guard before , and that qualified for documentation as a wrecked vessel under 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)
section 12112 of this title 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 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)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title 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 , or as an alternate tonnage measured under as prescribed by the Secretary under .
(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.

Pub. L. 101–380, title IV, § 4115(a)104 Stat. 517 Pub. L. 104–324, title VII, § 715110 Stat. 3937 Pub. L. 105–85, div. C, title XXXVI, § 3606111 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 (Added , , ; amended , title XI, § 1103, , , 3966; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 115–232, § 3544(a)(1)2018—Subsec. (b)(3) to (6). , 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.

Pub. L. 115–232, § 3544(a)(2)Subsec. (c)(2). , substituted “that was delivered” for “that is delivered” and “that qualified” for “that qualifies” and struck out “after ,” after “the United States”.

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

Pub. L. 115–232, § 3544(a)(4)section 14502 of this titlesection 14302 of this titleSubsec. (c)(3)(A). , 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 , or an alternate tonnage measured under .

Pub. L. 115–232, § 3544(a)(5)section 14502 of this titlesection 14302 of this titleSubsec. (c)(3)(B). , 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 , or an alternate tonnage measured under .

Pub. L. 115–232, § 3544(a)(6)section 14502 of this titlesection 14302 of this titleSubsec. (c)(3)(C). , 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 , or an alternate tonnage measured under .

Pub. L. 115–232, § 3544(a)(7)(A)Subsec. (e)(1). , stuck out “and except as otherwise provided in paragraphs (2) and (3) of this subsection” after “purposes of this section”.

Pub. L. 115–232, § 3544(a)(7)(B)Subsec. (e)(2), (3). , 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.

Pub. L. 115–912017—Subsec. (b)(6). substituted “section 57100” for “section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)”.

Pub. L. 109–304section 12112 of this title2006—Subsec. (c)(1)(C), (2), (3). substituted “documentation as a wrecked vessel under ” for “documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14)”.

Pub. L. 105–851997—Subsec. (e). added subsec. (e).

Pub. L. 104–324, § 715(1)section 14502 of this titlesection 14302 of this titlesection 14104 of this title1996—Subsec. (b)(2). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “5,000 gross tons”.

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

Pub. L. 104–324, § 715(2)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(2). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “5,000 gross tons” in two places.

Pub. L. 104–324, § 715(3)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(3)(A). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “15,000 gross tons”.

Pub. L. 104–324, § 715(4)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(3)(B). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “30,000 gross tons”.

Pub. L. 104–324, § 715(5)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(3)(C). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “30,000 gross tons”.

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

Statutory Notes and Related Subsidiaries

Effective Date

section 1020 of Pub. L. 101–380section 2701 of Title 33Section applicable to incidents occurring after , see , set out as a note under , Navigation and Navigable Waters.

Transfer of Functions

section 542 of Title 6For 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 .

Tank Vessels Over 5,000 Gross Tons To Comply Until , With Environmentally Protective Structural and Operational Requirements

Pub. L. 101–380, title IV, § 4115(b)104 Stat. 520

section 3703a of title 46“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 , 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.”
, , , provided that:

Study on Other Structural and Operational Tank Vessel Requirements

Pub. L. 101–380, title IV, § 4115(e)104 Stat. 520 Pub. L. 105–383, title IV, § 423112 Stat. 3440 Pub. L. 108–293, title VII, § 705118 Stat. 1075 Pub. L. 109–241, title IX, § 901(n)120 Stat. 565

“(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.”
, , , as amended by , , ; , , ; , , , provided that:

Executive Documents

Territorial Sea of United States

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