46 U.S.C. § 55108 — Platform jackets

Page 478 TITLE 46—SHIPPING § 55108 nation of registry extends reciprocal privileges to vessels of the United States. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1635.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55107 .......... 46 App.:883 (6th pro- viso). June 5, 1920, ch. 250, § 27 (6th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 89–194, Sept. 21, 1965, 79 Stat. 823; Pub. L. 90–474, Aug. 11, 1968, 80 Stat. 700; Pub. L. 92–163, § 1, Nov. 23, 1971, 85 Stat. 486. In subsection (a), before paragraph (1), the words ‘‘by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry’’ are omitted as unnecessary. In paragraph (4), the words ‘‘by the Secretary of the Treasury’’ are omitted as un- necessary because the section referred to provides who administers it. § 55108. Platform jackets (a) DEFINITIONS.—In this section: (1) COASTWISE QUALIFIED VESSEL.—The term ‘‘coastwise qualified vessel’’ means a vessel that has been issued a certificate of docu- mentation with a coastwise endorsement under chapter 121 of this title. (2) PLATFORM JACKET.—The term ‘‘platform jacket’’ refers to a single physical component and includes any type of offshore exploration, development, or production structure or com- ponent thereof, including— (A) platform jackets; (B) tension leg or SPAR platform super- structures (including the deck, drilling rig and support utilities, and supporting struc- ture); (C) hull (including vertical legs and con- necting pontoons or vertical cylinder); (D) tower and base sections of a platform jacket; (E) jacket structures; and (F) deck modules (known as ‘‘topsides’’). (b) AUTHORIZED TRANSPORTATION.—Section 55102 of this title does not apply to the transpor- tation of a platform jacket in or on a non-coast- wise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if— (1) the launch barge was built before Decem- ber 31, 2000, and has a launch capacity of at least 12,000 long tons; and (2) the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suit- able coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jacket. (c) PROCEDURES TO MAXIMIZE USE OF COAST- WISE QUALIFIED VESSELS.—The Secretary of Transportation shall adopt procedures imple- menting this section that are reasonably de- signed to provide timely information so as to maximize the use of coastwise qualified vessels. The procedures shall, among other things, estab- lish that for purposes of this section, a coastwise qualified vessel shall be deemed to be not avail- able only if— (1) on application by an owner or operator for the use of a non-coastwise qualified launch barge for transportation of a platform jacket under this section (which application shall in- clude all relevant information, including engi- neering details and timing requirements), the Secretary promptly publishes a notice in the Federal Register— (A) describing the project and the platform jacket involved; (B) advising that all relevant information reasonably needed to assess the transpor- tation requirements for the platform jacket will be made available to interested parties on request; and (C) requesting that information on the availability of coastwise qualified vessels be submitted within 30 days after publication of that notice; and (2)(A) no information is submitted to the Secretary within that 30 day period; or (B) the owner or operator of a coastwise qualified vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified vessel avail- able for the transportation, but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified vessel is not suitable or reasonably available for the transportation. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1636.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55108 .......... 46 App.:883 (last proviso). June 5, 1920, ch. 250, § 27 (last proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 101–329 [100–329], § 1(a)(2), June 7, 1988, 102 Stat. 588; Pub. L. 107–295, title II, § 213(c), Nov. 25, 2002, 116 Stat. 2100; Pub. L. 108–293, title IV, § 417, Aug. 9, 2004, 118 Stat. 1048. In subsection (a), the words ‘‘coastwise endorsement under chapter 121’’ are substituted for ‘‘coastwise en- dorsement under section 12106’’ because section 12106 is being restated in various sections in revised chapter 121. In subsection (b), the words ‘‘Section 55102 of this title does not apply’’ are substituted for ‘‘shall not be deemed transportation subject to this section’’ for con- sistency in the chapter. § 55109. Dredging (a) IN GENERAL.—Except as provided in sub- section (b), a vessel may engage in dredging in the navigable waters of the United States only if— (1) the vessel is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; (2) the charterer, if any, is a citizen of the United States for purposes of engaging in the coastwise trade; and (3) the vessel has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be