Sec. 6. Petitions by domestic interested parties
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Chapter 551 of title 46, United States Code, is amended by adding at the end the following: The Secretary of Homeland Security shall, upon written request by an interested party, furnish, within 60 days, an interpretive ruling regarding a non-coastwise qualified vessel’s activities and compliance with Federal laws in the internal waters of the United States, the territorial sea, and the waters of the outer Continental Shelf, including the vessel’s compliance with this chapter and section 50503.
If the interested party believes that the conclusion of such interpretive ruling, or any other interpretive ruling regarding the interpretation, application, or enforcement of the coastwise laws, is incorrect, such party may file a petition with the Secretary setting forth the following: Such party’s understanding of the factual scenario. The outcome of the decision that such party believes to be proper in the provided factual scenario and the reasons supporting such party’s belief.
If, after receipt and consideration of a petition filed by such an interested party, the Secretary determines that the conclusion reached in the contested letter is not correct, the Secretary shall determine the proper outcome and notify the petitioner of the Secretary’s determination within 60 days. If the Secretary determines that the contested interpretive ruling filed pursuant to subsection
(a)is correct, the Secretary shall notify the petitioner within 30 days. If dissatisfied with the determination of the Secretary, the petitioner may file with the Secretary, not later than 30 days after the date of the notification, notice that it desires to contest the ruling. Upon receipt of notice from the petitioner, the Secretary shall cause publication to be made within 7 days of the Secretary’s determination as presented in the ruling letter. Not later than 90 days after the petitioner files the notice of a desire to contest a ruling under subparagraph (c), any interested party may commence an action in any district court of the United States, subject to the venue requirements of section 1391 of title 28, by filing concurrently a summons and complaint, each with the content and in the form, manner, and style prescribed by the rules of such court, contesting any legal conclusions of the Secretary. Not later than 60 days after the date of enactment of this section, the Secretary shall issue such regulations as are necessary to implement this section. In this section: The term coastwise qualified vessel has the meaning given such term in section 55108(a). The term interested party means— the owner or operator of a vessel engaged in coastwise trade; a manufacturer of coastwise qualified vessels; a certified union, recognized union, or group of workers or mariners which is representative of an industry engaged or employed in— the coastwise trade; or construction of coastwise qualified vessels; a trade or business association of which the majority of members are— owners or operators of vessels engaged in coastwise trade; manufacturers of coastwise qualified vessels; or an association of which the majority of members are persons described in paragraphs
(1)through (4). . Not later than 60 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement the amendments made by subsection (a). The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: 55124. Petitions by domestic interested parties. .