46 U.S.C. § 55109 — Dredging

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 Page 479 TITLE 46—SHIPPING § 55110 eligible for such a certificate and endorse- ment. (b) DREDGING OF GOLD IN ALASKA.—A docu- mented vessel with a registry endorsement may engage in the dredging of gold in Alaska. (c) PENALTY.—If a vessel is operated in know- ing violation of this section, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55109 .......... 46 App.:292. May 28, 1906, ch. 2566, § 1, 34 Stat. 204; Pub. L. 102–87, title V, § 5501(a)(1), Nov. 4, 1992, 106 Stat. 5084. Subsection (a)(1) is substituted for ‘‘(1) the vessel meets the requirements of section 883 of this Appendix and sections 802 and 803 of this Appendix for engaging in the coastwise trade’’ for consistency with other sec- tions of the revised title and to eliminate unnecessary words. Section 883 requires (among other things) that the vessel be owned by citizens of the United States, and section 802 contains the requirements for certain entities to qualify as citizens. Those requirements are restated in section 50501 which applies to this section. Section 883 also requires that the vessel be built in and documented under the laws of the United States. Those latter two requirements are covered by subsection (a)(3). Note that the build requirement is a requirement for a coastwise endorsement. In subsection (a)(3), the words ‘‘or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement’’ are added for consist- ency with section 12102 as revised by the bill. [H.R. Rep. No. 109–170, at 180 (2005) provided: Section 17(i) of the bill [H.R. 1442, enacted as Pub. L. 109–304] amends section 5501(a) of the Oceans Act of 1992 (Public Law 102–587, 106 Stat. 5084) [see note above] by adding a new paragraph (3). The intent of this amendment is to maintain the status quo under paragraph (2) of sec- tion 5501(a) of that Act, as it exists prior to the enact- ment of this codification legislation. Section 55109 of title 46, United States Code, as contained in this bill, is intended as a codification without substantive change of section 1 of the Act of May 28, 1906, as amended (46 App. U.S.C. 292). Therefore, the exceptions from that latter provision, which currently exist under such para- graph (2), are intended to continue to exist to the same extent under new section 55109 of title 46. In addition, if the original intent of such paragraph (2) was that the restriction contained in the pre-1992 amended version of that 1906 provision continues to apply to the vessels, persons, and entities described in such paragraph (2), then that outcome is intended to remain unchanged by this legislation, despite the repeal by this legislation of that 1906 provision. No expression as to the original in- tent of such paragraph (2) is intended by this legisla- tion.] Statutory Notes and Related Subsidiaries NONAPPLICABILITY TO CERTAIN VESSELS Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1711, re- pealed section 1 of act May 28, 1906, ch. 2566, 34 Stat. 204 (section 292 of the former Appendix to this title, from which this section was derived), except as may be appli- cable under section 5501(a)(2) of Pub. L. 102–587, set out below. Pub. L. 102–587, title V, § 5501(a)(2), (3), Nov. 4, 1992, 106 Stat. 5084, as amended by Pub. L. 109–304, § 17(i), Oct. 6, 2006, 120 Stat. 1709, provided that: ‘‘(2) The amendment made by paragraph (1) [amend- ing section 292 of the former Appendix to this title, from which this section was derived] does not apply to— ‘‘(A)(i) the vessel STUYVESANT, official number 648540; ‘‘(ii) any other hopper dredging vessel documented under chapter 121 of title 46, United States Code be- fore the effective date of this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest; how- ever, this exception expires on December 3, 2022 or when the vessel STUYVESANT ceases to be docu- mented under chapter 121, whichever first occurs; and ‘‘(iii) any other non-hopper dredging vessel docu- mented under chapter 121 and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest, as is necessary (a) to fulfill dredging obligations under a specific con- tract, including any extension periods; or (b) as tem- porary replacement capacity for a vessel which has become disabled but only for so long as the disability shall last and until the vessel is in a position to fully resume dredging operations; however, this exception expires on December 8, 2022 or when the vessel STUYVESANT ceases to be documented under chap- ter 121, whichever first occurs; ‘‘(B) the vessel COLUMBUS, official number 590658, except that the vessel’s certificate of documentation shall be endorsed to prohibit the vessel from engaging in the transportation of merchandise (except value- less material), including dredge material of value, be- tween places within the navigable waters of the United States; ‘‘(C) a vessel that is engaged in dredged material excavation if that excavation is not more than a mi- nority of the total cost of the construction contract in which the excavation is a single, integral part, and the vessel is— ‘‘(i) built in the United States; ‘‘(ii) a non-self-propelled mechanical clamshell dredging vessel; and ‘‘(iii) owned or chartered by a corporation that had on file with the Secretary of Transportation, on August 1, 1989, the certificate specified in sec- tion 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118]; or ‘‘(D) any other documented vessel engaged in dredg- ing and time chartered to an entity that, on August 1, 1989, was, and has continuously remained, the par- ent of a corporation that had on file with the Sec- retary of Transportation on August 1, 1989, a certifi- cate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118] if the vessel is— ‘‘(i) not engaged in a federally funded navigation dredging project; and ‘‘(ii) engaged only in dredging associated with, and integral to, accomplishment of that parent’s regular business requirements. ‘‘(3) The exceptions provided by paragraph (2) shall apply under section 55109 of title 46, United States Code, to the same extent as under former section 1 of the Act of May 28, 1906 [section 292 of the former Appen- dix to this title, from which this section was derived], as amended by paragraph (1).’’ § 55110. Transportation of valueless material or dredged material Section 55102 of this title applies to the trans- portation of valueless material or dredged mate- rial, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637; Pub. L. 110–181, div. C, title XXXV, § 3527(b)(1), Jan. 28, 2008, 122 Stat. 602.)