PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 2077 SEC. 3606. DETERMINATION OF GROSS TONNAGE FOR PURPOSES OF TANK VESSEL DOUBLE HULL REQUIREMENTS. Section 3703a of title 46, United States Code, is amended by adding at the end the following: "(e)(1) For the purposes of this section and except as otherwise provided in paragraphs (2) and (3) of this subsection, the gross tonnage of a vessel shall be the gross tonnage that would have been recognized by the Secretary on July 1, 1997, as the tonnage measured under section 14502 of this title, or as an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. "(2)(A) The Secretary may waive the application of paragraph (1) to a tank vessel if— "(i) the owner of the tank vessel applies to the Secretary for the waiver before January 1, 1998; "(ii) the Secretary determines that— "(I) the owner of the tank vessel has entered into a binding agreement to alter the tank vessel in a shipyard in the United States to reduce the gross tonnage of the temk vessel by converting a portion of the cargo tanks of the tank vessel into protectively located segregated ballast tanks; and "(II) that conversion will result in a significant reduction in the risk of a discharge of oil; "(iii) at least 60 days before the date of the issuance of the waiver, the Secretary— "(I) publishes notice that the Secretary has received the application and made the determinations required by clause (ii), including a description of the agreement entered into pursuant to clause (ii)(I); and "(II) provides an opportunity for submission of comments regarding the application; and "(iv) the alterations referred to in clause (ii)(I) are completed before the later of— "(I) the date by which the first special survey of the tank vessel is required to be completed after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998; or " (II) July 1, 1999. "(B) A waiver under subparagraph (A) shall not be effective after the expiration of the 3-year period beginning on the first date on which the tank vessel would have been prohibited by subsection (c) from operating if the alterations referred to in subparagraph (A)(ii)(I) were not made. 39-194O-97-33:QL3Part2
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