[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2841 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2841

  To amend the Oil Pollution Act of 1990 and title 46, United States 
  Code, to establish a marine emergency protocol and requirements for 
                  double-hulling of vessel fuel tanks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2008

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend the Oil Pollution Act of 1990 and title 46, United States 
  Code, to establish a marine emergency protocol and requirements for 
                  double-hulling of vessel fuel tanks.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Emergency Protocol and Hull 
Requirement Act of 2008''.

SEC. 2. RESPONSE STANDARDS.

    (a) In General.--Subtitle B of title IV of the Oil Pollution Act of 
1990 (33 U.S.C. 1321 note; Public Law 101-380) is amended--
            (1) by inserting before section 4201 the following:

           ``PART I--REMOVAL AUTHORITY AND RESPONSE SYSTEM'';

        and
            (2) by adding at the end the following:

                     ``PART II--RESPONSE STANDARDS

``SEC. 4211. MARINE EMERGENCY PROTOCOL.

    ``(a) Definitions.--In this section:
            ``(1) Condition of enhanced danger.--The term `condition of 
        enhanced danger' means--
                    ``(A) a period beginning 24 hours before and ending 
                72 hours after--
                            ``(i) the commission of an act of terror in 
                        the United States; or
                            ``(ii) an attack on the United States from 
                        a foreign or domestic enemy;
                    ``(B) a period of dangerously low visibility at sea 
                or in port, as determined by the Secretary of Homeland 
                Security;
                    ``(C) a period of not more than 72 hours after--
                            ``(i) an oil spill of more than 5,000 
                        gallons; or
                            ``(ii) the discharge of a hazardous 
                        material that poses a significant health or 
                        environmental threat to the sector; or
                    ``(D) any other period during which the Secretary 
                of Homeland Security determines that a condition of 
                enhanced danger exists.
            ``(2) Hazardous material.--The term `hazardous material' 
        has the meaning given the term in section 154.105 of title 33, 
        Code of Federal Regulations (or a successor regulation).
            ``(3) Health or environmental threat.--The term `health or 
        environmental threat' has such meaning as shall be given the 
        term by the Secretary.
            ``(4) Sector.--The term `sector' means a shore-based 
        operational unit of the Coast Guard.
            ``(5) Sector commander.--The term `Sector Commander' means 
        the commanding officer of a sector.
    ``(b) Emergency Protocol.--
            ``(1) In general.--During any condition of enhanced danger, 
        the appropriate Sector Commander shall assume direct authority 
        over all vessels within the area under the command of the 
        Sector Commander to ensure the safe navigation of dangerous 
        waterways.
            ``(2) Authority.--In carrying out paragraph (1), a Sector 
        Commander shall have the authority, with respect to the sector 
        under the command of the Sector Commander--
                    ``(A) to order the immediate halt of all vessel 
                traffic into and out of the sector;
                    ``(B) to order the immediate halt of an individual 
                vessel;
                    ``(C) to order a vessel in transit to change 
                course, dock at a safe harbor, or return to port; and
                    ``(D) to issue any other orders to ensure the 
                health and safety of the individuals located in, and 
                the environment of, the sector.

``SEC. 4212. STATE AUTHORITY.

    ``Nothing in this part limits or otherwise preempts any State from 
establishing a law (including a regulation) regarding any matter 
covered by this part that is more stringent than the authority provided 
by this part.''.
    (b) Conforming Amendment.--The table of contents of the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 note; Public Law 101-380) is 
amended--
            (1) by inserting before the item relating to section 4201 
        the following:

           ``PART I--Removal Authority and Response System'';

        and
            (2) by adding at the end of the items relating to part I of 
        subtitle B of title IV (as designated by this section) the 
        following:

``Sec. 4211. Marine emergency protocol.
``Sec. 4212. State authority.''.

SEC. 3. HULL REQUIREMENTS FOR FUEL TANKS OF CARGO VESSELS CARRYING OIL 
              AS FUEL.

    Section 3703a of title 46, United States Code, is amended by adding 
at the end the following:
    ``(f) Hull Requirements for Fuel Tanks of Cargo Vessels.--
            ``(1) Definition of cargo vessel.--
                    ``(A) In general.--In this subsection, the term 
                `cargo vessel' means a cargo vessel (other than a tank 
                vessel that is subject to subsections (a) through (e)) 
                that carries a significant (as determined by the 
                Secretary) quantity of oil or petroleum-based fuel, in 
                a fuel tank on the vessel, to be used for the purpose 
                of powering the cargo vessel.
                    ``(B) Exclusions.--The term `cargo vessel' does not 
                include--
                            ``(i) any naval vessel described in chapter 
                        633 of title 10, United States Code;
                            ``(ii) any other vessel under the 
                        jurisdiction or control of the Secretary of the 
                        Navy; or
                            ``(iii) any vessel described in subsection 
                        (b).
            ``(2) Standards.--Subject to paragraphs (3) through (5), a 
        cargo vessel may not operate in the navigable waters or the 
        Exclusive Economic Zone of the United States unless the fuel 
        tanks of the cargo vessel are 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 or petroleum-based fuel from the fuel tanks.
            ``(3) Applicability.--Except as provided in paragraph (5), 
        paragraph (2) shall apply--
                    ``(A) beginning on the date of enactment of this 
                subsection, with respect to--
                            ``(i) a cargo vessel of less than 5,000 
                        gross tons as measured under section 14502, or 
                        an alternate tonnage measured under section 
                        14302, as prescribed by the Secretary under 
                        section 14104;
                            ``(ii) a cargo vessel of less than 5,000 
                        gross tons that had its appraised salvage value 
                        determined by the Coast Guard before June 30, 
                        2008, and that qualifies for documentation as a 
                        wrecked cargo vessel under section 12112; and
                            ``(iii) any cargo vessel that is not 
                        described in subparagraph (B) or (C);
                    ``(B) in the case of a cargo 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--
                            ``(i) after January 1, 2014, if the cargo 
                        vessel is 40 years old or older and has a 
                        single-hulled fuel tank, or is 45 years old or 
                        older and has a double bottom or double sides;
                            ``(ii) after January 1, 2015, if the cargo 
                        vessel is 39 years old or older and has a 
                        single-hulled fuel tank, or is 44 years old or 
                        older and has a double bottom or double sides;
                            ``(iii) after January 1, 2016, if the cargo 
                        vessel is 38 years old or older and has a 
                        single-hulled fuel tank, or is 43 years old or 
                        older and has a double bottom or double sides;
                            ``(iv) after January 1, 2017, if the cargo 
                        vessel is 37 years old or older and has a 
                        single-hulled fuel tank, or is 42 years old or 
                        older and has a double bottom or double sides;
                            ``(v) after January 1, 2018, if the cargo 
                        vessel is 36 years old or older and has a 
                        single-hulled fuel tank, or is 41 years old or 
                        older and has a double bottom or double sides;
                            ``(vi) after January 1, 2019, if the cargo 
                        vessel is 35 years old or older and has a 
                        single-hulled fuel tank, or is 40 years old or 
                        older and has a double bottom or double sides; 
                        and
                            ``(vii) after January 1, 2024, if the cargo 
                        vessel is 25 years old or older and has a 
                        single-hulled fuel tank, or is 30 years old or 
                        older and has a double bottom or double sides;
                    ``(C) in the case of a cargo 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--
                            ``(i) after January 1, 2014, if the cargo 
                        vessel is 40 years old or older and has a 
                        single-hulled fuel tank, or is 45 years old or 
                        older and has a double bottom or double sides;
                            ``(ii) after January 1, 2015, if the cargo 
                        vessel is 38 years old or older and has a 
                        single-hulled fuel tank, or is 43 years old or 
                        older and has a double bottom or double sides;
                            ``(iii) after January 1, 2016, if the cargo 
                        vessel is 36 years old or older and has a 
                        single-hulled fuel tank, or is 41 years old or 
                        older and has a double bottom or double sides;
                            ``(iv) after January 1, 2017, if the cargo 
                        vessel is 34 years old or older and has a 
                        single-hulled fuel tank, or is 39 years old or 
                        older and has a double bottom or double sides;
                            ``(v) after January 1, 2018, if the cargo 
                        vessel is 32 years old or older and has a 
                        single-hulled fuel tank, or 37 years old or 
                        older and has a double bottom or double sides;
                            ``(vi) after January 1, 2019, if the cargo 
                        vessel is 30 years old or older and has a 
                        single-hulled fuel tank, or is 35 years old or 
                        older and has a double bottom or double sides;
                            ``(vii) after January 1, 2020, if the cargo 
                        vessel is 29 years old or older and has a 
                        single-hulled fuel tank, or is 34 years old or 
                        older and has a double bottom or double sides;
                            ``(viii) after January 1, 2021, if the 
                        cargo vessel is 28 years old or older and has a 
                        single-hulled fuel tank, or is 33 years old or 
                        older and has a double bottom or double sides;
                            ``(ix) after January 1, 2022, if the cargo 
                        vessel is 27 years old or older and has a 
                        single-hulled fuel tank, or is 32 years old or 
                        older and has a double bottom or double sides;
                            ``(x) after January 1, 2023, if the cargo 
                        vessel is 26 years old or older and has a 
                        single-hulled fuel tank, or is 31 years old or 
                        older and has a double bottom or double sides; 
                        and
                            ``(xi) after January 1, 2024, if the cargo 
                        vessel is 25 years old or older and has a 
                        single-hulled fuel tank, or is 30 years old or 
                        older and has a double bottom or double sides; 
                        and
                    ``(D) in the case of a cargo 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--
                            ``(i) after January 1, 2014, if the cargo 
                        vessel is 28 years old or older and has a 
                        single-hulled fuel tank, or 33 years old or 
                        older and has a double bottom or double sides;
                            ``(ii) after January 1, 2015, if the cargo 
                        vessel is 27 years old or older and has a 
                        single-hulled fuel tank, or is 32 years old or 
                        older and has a double bottom or double sides;
                            ``(iii) after January 1, 2016, if the cargo 
                        vessel is 26 years old or older and has a 
                        single-hulled fuel tank, or is 31 years old or 
                        older and has a double bottom or double sides;
                            ``(iv) after January 1, 2017, if the cargo 
                        vessel is 25 years old or older and has a 
                        single-hulled fuel tank, or is 30 years old or 
                        older and has a double bottom or double sides;
                            ``(v) after January 1, 2018, if the cargo 
                        vessel is 24 years old or older and has a 
                        single-hulled fuel tank, or 29 years old or 
                        older and has a double bottom or double sides; 
                        and
                            ``(vi) after January 1, 2019, if the cargo 
                        vessel is 23 years old or older and has a 
                        single-hulled fuel tank, or is 28 years old or 
                        older and has a double bottom or double sides.
            ``(4) Age of cargo vessels.--For the purpose of this 
        subsection, the age of a cargo vessel shall be determined from 
        the latest of the date on which the cargo vessel--
                    ``(A) is delivered after original construction;
                    ``(B) is delivered after completion of a major 
                conversion; or
                    ``(C) had its appraised salvage value determined by 
                the Coast Guard and is qualified for documentation as a 
                wrecked cargo vessel under section 12112.
            ``(5) New vessels.--A new cargo vessel that is delivered 
        during the period beginning on the date of enactment of this 
        section and ending on December 31, 2009, and that carries more 
        than 600 cubic meters of oil to be used as fuel for the cargo 
        vessel may not operate in the navigable waters or the Exclusive 
        Economic Zone of the United States unless the cargo vessel--
                    ``(A) is equipped with a double-hulled fuel tank; 
                and
                    ``(B) otherwise meets the requirements described in 
                regulation 12A under annex I of the Protocol of 1978 
                relating to the International Convention for the 
                Prevention of Pollution From Ships, 1973, done at 
                London on February 17, 1978.''.
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