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:

Removal authority and response system

;

and

(2)by adding at the end the following:

Response standards

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.

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.

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.