Sec. 305. Installation Vessels
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/bill/116/hr/3409/ih/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 551 of title 46, United States Code, is amended by adding at the end the following new section: No later than 180 days after the date of the enactment of this section, the Secretary of Transportation shall determine whether an installation vessel exists for which a coastwise endorsement has been issued under section 12112. If the Secretary of Transportation determines under subsection
(a)that no such coastwise qualified vessel exists, then, after the date on which such determination was made, lifting operations between a vessel for which a coastwise endorsement has been issued under section 12112 and an installation vessel for which no such endorsement has been issued is not transportation of merchandise for the purposes of section 55102. After the date on which the determination was made under subsection (a), an installation vessel for which a coastwise endorsement has been issued under section 12112, the owner or operator of such installation vessel may seek a new determination from the Secretary of Transportation that an installation vessel for which a coastwise endorsement has been issued under section 12112 exists. If the Secretary of Transportation makes a determination under paragraph
(1)that a coastwise qualified vessel exists, then— the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall seek a determination of the availability of a coastwise qualified vessel under paragraph
(3)before using such non-coastwise qualified vessel for the transportation of a platform jacket; and after the date on which such determination is made, the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall not use such non-coastwise qualified vessel for the transportation of a platform jacket unless the Secretary of Transportation determines a coastwise qualified is not available under paragraph (4). The Secretary of Transportation shall determine a coastwise qualified vessel is not available if— the owner or operator of a non-coastwise qualified vessel submits to the Secretary of Transportation an application for the use of a non-coastwise qualified installation vessel for transportation of a platform jacket under this section that includes all relevant information, including engineering details and timing requirements, and such application is submitted not less than 1 year before the date such vessel is required for such use; the Secretary provides the application made under subparagraph
(A)to the owner of each coastwise qualified vessel listed as an installation vessel in the inventory under section 12138(c) and promptly publishes in the Federal Register a notice— describing the project and the platform jacket involved; advising that all relevant information reasonably needed to assess the transportation and installation requirements for the platform jacket will be made available to an interested person on request; and requesting that information on the availability of coastwise qualified vessels be submitted within a 45-day period beginning on the date of such publication; and within such 45-day period no information is submitted to the Secretary from owners or operators of coastwise qualified installation vessels to meet the requirements of the application required under paragraph (A); or the owner or operator of a coastwise qualified installation vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified installation vessel available to meet the requirements of the application required under paragraph (A), but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified installation vessel is not suitable or reasonably available for the transportation. In this section: The term installation vessel means a vessel using a crane suitable for offshore use that— is used to install platform jackets; has a slewing or luffing capability; has a lifting capacity of at least 1,000 metric tons; and conducts lifting operations to construct or remove offshore facilities or subsea infrastructure or to install and uninstall component parts or materials from offshore facilities or subsea infrastructure. The term lifting operations means the lifting of platform jackets by crane from the time that the lifting activity begins when unlading from a vessel or removing offshore facilities or subsea infrastructure until the time that the lifting activities are terminated for a particular unlading, installation, or removal of offshore facilities or subsea infrastructure. The term platform jacket has the meaning given such term in section 55108(a). . Section 12138(b) of title 46, United States Code, is amended— in subsection (b)— in the heading, by striking the period and inserting , and Installation. ; by amending paragraph
(1)to read as follows: The Secretary of Transportation shall develop, maintain, and periodically update an inventory of vessels that are— documented under this chapter; at least 200 feet in length; have the capability to lay, maintain, or repair a submarine cable, without regard to whether a particular vessel is classed as a cable ship or cable vessel; and installation vessels within the meaning of such term in section 55123. ; and by amending paragraph (2)(B) to read as follows: the abilities and limitations of the vessel with respect to— in the case of a vessel required to be inventoried under paragraph (1)(A), laying, maintaining, and repairing a submarine cable; and in the case of a vessel required to be inventoried under paragraph (1)(B), installing platform jackets; and . No later than 30 days after the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, shall issue a notice, including an opportunity for public comment, on the modification or revocation of Letter Rulings 101925, 108442, 113841, 114435, 115185, 115218, 115311, 115487, 115522, 115771, 115938, 116078, H004242 with respect to the application of the section 55102 of title 46, Shipping, United States Code, to certain offshore operations.