Sec. 2. Manning and crewing requirements for certain outer continental shelf vessels, vehicles, and structures
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Section 30(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c) ) is amended— in paragraph (1)(C), by striking ; and and inserting a period; beginning in the matter preceding paragraph (1), by striking
(c)The regulations issued under subsection (a)(3) of this section and all that follows through to any vessel in paragraph
(1)and inserting the following: The regulations issued under subsection (a)(3) shall not apply to any vessel ; and in paragraph (2)— by striking
(2)to any vessel and inserting the following: Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel ; in subparagraph
(A)(as so designated), by striking the exploration, development, or production of oil and gas and inserting exploring for, developing, or producing resources, including nonmineral energy resources, ; and by adding at the end the following: Subject to clauses
(ii)and (iii), an exemption under subparagraph
(A)shall be subject to the condition that each individual who is manning or crewing the vessel, rig, platform, or other vehicle or structure is— a citizen of the United States; an alien lawfully admitted to the United States for permanent residence; or a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented. Subject to subclause (II), beginning on the effective date of the American Offshore Workers Fairness Act , the condition described in clause
(i)shall apply to all activities pursuant to this Act on the outer Continental Shelf. Beginning on the date that is 3 years after the effective date of the American Offshore Workers Fairness Act , the condition described in clause
(i)shall apply, except as provided in section 30A, to vessels paying out— export cables; inter-array cables; umbilical cables; or pipes. Beginning on the effective date of the American Offshore Workers Fairness Act , the condition described in clause
(i)shall not apply to— a vessel that— performs an offshore lift in excess of 1,000 metric tons; and has a crane with a height capability of 180 meters; or an offshore wind component part (including an offshore wind transition piece, nacelle, or blade) that— is part of the installation of an offshore wind turbine; and is less than 1,000 metric tons. In this subparagraph: The term offshore lift means an individual lift, or a sequence of lifts, conducted by a crane on a vessel with slewing and luffing capabilities for an activity described in item
(bb)from the time that the lifting activity begins, when unlading from a vessel or removing the topside or subsea component, until the time that the lifting activity is terminated. The activities described in this item are unlading, installation, or removal involving platform jackets, monopiles, a gravity-based or other subsea foundation, wind energy transition piece, wind energy towers, wind turbine nacelles, wind energy blades, or wind turbine rotors and hubs. The term paying out , with respect to pipe or cable, means the specific act of paying out pipe, export cable, inter-array cable, or umbilical cable. The term paying out does not include repair or other activities incidental to the paying out of pipe, export cable, inter-array cable, or umbilical cable, such as— site clearance; trenching; dredging; mattress installation; cable tie-ins; installation of pipeline end terminations or pipeline end manifolds; the setting or moving of any anchors associated with the cable or pipe; offshore cable or pipe burial; and other activities that are not the actual paying of the pipe or cable. An exemption under subparagraph (A)— shall provide that the number of individuals manning or crewing the vessel, rig, platform, or other vehicle or structure who are individuals described in subclause
(II)or
(III)of subparagraph (B)(i) may not exceed 2.5 times the number of individuals required to man or crew the vessel, rig, platform, or other vehicle or structure under the laws of the nation in which the vessel, rig, platform, or other vehicle or structure is documented; and subject to subparagraph (D), shall be effective for not more than 1 year. The owner or operator of a vessel, rig, platform, or other vehicle or structure described in subparagraph
(A)may submit to the Secretary of the department in which the Coast Guard is operating an application for an exemption or a renewal or extension of an exemption under that subparagraph. An application under clause
(i)shall include a sworn statement by the applicant of all information required by the Secretary of the department in which the Coast Guard is operating for the issuance of the exemption or renewal or extension. The Secretary of the department in which the Coast Guard is operating may revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph
(A)if the Secretary of the department in which the Coast Guard is operating determines that information provided in the application for the exemption or renewal or extension of such an exemption— was false or incomplete; or is no longer true or complete. The Secretary of the department in which the Coast Guard is operating shall immediately revoke an exemption for a vessel, rig, platform, or other vehicle or structure under subparagraph
(A)if the Secretary of the department in which the Coast Guard is operating determines that, during the effective period of the exemption, the vessel, rig, platform, or other vehicle or structure was manned or crewed in a manner that— was not authorized by the exemption; or does not otherwise comply with this paragraph. The Secretary of the department in which the Coast Guard is operating shall provide notice of a determination and revocation under clause
(i)or
(ii)to the owner, operator, agent, or master of the vessel, rig, platform, or other vehicle or structure. The Secretary of the department in which the Coast Guard is operating shall periodically, but not less frequently than annually, inspect each vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph
(A)has been granted to verify the compliance of the vessel, rig, platform, or other vehicle or structure with this paragraph. During each inspection of a vessel, rig, platform, or other vehicle or structure under clause (i), the Secretary of the department in which the Coast Guard is operating shall require all individuals who are manning or crewing the vessel, rig, platform, or other vehicle or structure to hold a valid Transportation Worker Identification Credential. The Secretary of the department in which the Coast Guard is operating may impose on the owner or operator of a vessel, rig, platform, or other vehicle or structure for which an exemption under subparagraph
(A)has been granted a civil penalty of $10,000 per day for each day the vessel, rig, platform, or other vehicle or structure— is manned or crewed in violation of this paragraph; or operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that— the exemption was not validly obtained; or information provided in the application for the exemption was false or incomplete. The Secretary of the department in which the Coast Guard is operating shall notify the Secretary of State of each exemption issued under this subsection, including information on the effective period of the exemption. . Section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ) is amended by adding at the end the following: The regulations issued under subsection
(a)shall not apply— to a rig, or mobile offshore drilling unit, while performing offshore drilling operations; and to a floating production storage and offloading unit. . Not later than 1 year after the effective date of this Act, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations that specify the application requirements for an exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ). Each exemption granted to a vessel before the effective date of this Act under section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) (as in effect on the day before such date) shall remain in effect until the applicable date described in section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.1356(c)(2)) (as amended by this Act) based on the vessel's activity. On the day after the last day of the period described in paragraph (1), each exemption described in that paragraph shall terminate, except to the extent the exemption is continued for certain vessels under section 30A of the Outer Continental Shelf Lands Act. Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify all persons that hold an exemption described in paragraph
(1)that the exemption will terminate in accordance with paragraph (2). Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to Congress a report that describes the number of exemptions granted under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ) during the preceding year. Each report under paragraph
(1)shall list for each vessel, rig, platform, or other vehicle or structure granted an exemption during the preceding year— the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure; the nation in which the vessel, rig, platform, or other vehicle or structure is documented; the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and any changes to the information described in subparagraphs
(A)through
(C)applicable to the vessel, rig, platform, or other vehicle or structure if the vessel, rig, platform, or other vehicle or structure has received a prior exemption under subsection (c)(2)(A) of section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ) or section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) (as in effect on the day before the effective date of this Act). The Outer Continental Shelf Lands Act ( 43 U.S.C. 1301 et seq. ) is amended by inserting after section 30 ( 43 U.S.C. 1356 ) the following: Not prior to 180 days before the date on which subclause
(II)of section 30(c)(2)(B)(ii) takes effect, the Secretary shall determine for each category of vessel described in paragraph
(2)whether there exists a coastwise-endorsed vessel. The categories of vessels described in this paragraph are the following: Pipe lay vessels. Inter-array cable lay vessels. Umbilical cable lay vessels. Export cable lay vessels. In the case the Secretary determines under subsection
(a)that a coastwise-endorsed vessel does not exist for a category of vessels described in subsection (a)(2), a vessel in such category shall, beginning on the date on which the Secretary makes such determination, be exempt from the condition under section 30(c)(2)(B) with respect to an applicable project. After the date on which the determination is made under subsection (a), the owner or operator of a vessel in the applicable category may seek a new determination from the Secretary that a coastwise-endorsed vessel for such category exists. If the Secretary makes a determination under paragraph
(1)that a coastwise-endorsed vessel for the applicable category exists, then the owner or operator of a vessel in such category that is not coastwise-endorsed shall seek a determination under paragraph
(3)of the availability of a coastwise-endorsed vessel in such category for an applicable project before engaging in any such applicable project that has not commenced or resumed prior to such determination under paragraph
(1)that a coastwise-endorsed vessel for the applicable category exists. As soon as practicable in accordance with this paragraph, the Secretary shall determine whether a coastwise-endorsed vessel in the applicable category is available for the project that is the subject of a request under paragraph (2). The Secretary shall determine that a coastwise-endorsed vessel in the applicable category is not available for such project if— the owner or operator of the non-coastwise endorsed vessel making the request under paragraph
(2)submits to the Secretary an application for the use of such vessel for such project that includes all relevant information and requirements for such project, including engineering details and timing requirements; not later than 30 days after receiving such an application, the Secretary provides a copy of the application to the owner of each coastwise-endorsed vessel in the applicable category that is listed in the inventory under section 12138(b) of title 46, United States Code, and promptly publishes in the Federal Register a notice— describing the applicable project; advising that all relevant information reasonably needed to assess the transportation and installation requirements for the pipe, inter-array cables, umbilical cables, or export cables, as applicable, used in the applicable project will be made available to an interested person upon request; and requesting that information on the availability for such applicable project of coastwise-endorsed vessels in the applicable category be submitted within the 30-day period beginning on the date of such publication; and within such 30-day period, no information is submitted to the Secretary from owners or operators of coastwise-endorsed vessels in the applicable category to meet the requirements of the applicable project described in the application submitted under clause (i); or the owner or operator of a coastwise-endorsed vessel in the applicable category submits information to the Secretary asserting that the owner or operator has a suitable coastwise-endorsed vessel in the applicable category to meet the requirements of the applicable project described in such application, but the Secretary determines, in consultation with the Commandant of the Coast Guard, within 90 days after the notice is first published, that such vessel is not suitable or reasonably available for the transportation required for such applicable project and no other such vessel for which such information has been so submitted is so suitable and reasonably available for such transportation. For the purpose of providing guidance on making determinations regarding suitability or availability under this paragraph, the Secretary, to the maximum extent practicable, shall contract with the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards to provide such guidance. After the date on which a determination is made under paragraph
(3)that a coastwise-endorsed vessel in the applicable category is available for an applicable project, the owner or operator of a vessel in the applicable category that is not coastwise-endorsed— shall engage only in applicable project for which the vessel began or resumed prior to the date of the determination under paragraph
(1)that a coastwise-endorsed vessel in the applicable category exists and pursuant to the exemption under subsection (b); and may not engage or resume in any further applicable projects until the vessel is in compliance with the condition under section 30(c)(2)(B) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2)(B) ). After the date on which a determination is made under paragraph
(3)that a coastwise-endorsed vessel in the applicable category is not available for an applicable project, the owner or operator of the vessel in the applicable category that is not coastwise-endorsed shall be permitted to engage in the applicable project as authorized under subsection
(b)without regard to whether such project has commenced or resumed prior to the date of the determination under paragraph
(1)that a coastwise-endorsed vessel in the applicable category exists. The Secretary shall not extend any period under paragraph (3)(A) beyond the period as required under such paragraph. If the Secretary has failed to take an action required of the Secretary under paragraph (3)(A) within the period required for such action under such paragraph with respect to an application submitted under clause
(i)of such paragraph, the owner or operator who submitted such application shall be deemed permitted under paragraph (4)(B) to engage in the applicable project that is the subject of such application. The Secretary shall coordinate with the Secretary of the department in which the Coast Guard is operating in order to apply an exemption determined under this section to the condition under section 30(c)(2)(B) with respect to an applicable project. In this section: The term applicable category , with respect to a vessel for which a determination is made under subsection (a), means the category of such vessel as described in paragraph
(2)of such subsection. The term applicable project — with respect to a pipe lay vessel, means a project paying out pipe; with respect to an inter-array cable lay vessel, means a project paying out inter-array cables; with respect to an umbilical cable lay vessel, means a project paying out umbilical cables; and with respect to an export cable lay vessel, means a project paying out export cables. The term coastwise-endorsed , with respect to a vessel, means that the vessel has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of title 46, United States Code. The term inter-array cable lay vessel means a vessel paying out inter-array cables to which section 30(c)(2)(B)(ii)(II) applies, including paying out a submarine inter-array cable described in section 12138(b) of title 46, United States Code. The term export cable lay vessel means a vessel paying out export cables to which section 30(c)(2)(B)(ii)(II) applies, including paying out a submarine export cable described in section 12138(b) of title 46, United States Code. The term pipe lay vessel means a vessel paying out pipe to which section 30(c)(2)(B)(ii)(II) applies, including paying out a submarine pipe described in such section 12138(b). The term umbilical cable lay vessel means a vessel paying out umbilical cables to which section 30(c)(2)(B)(ii)(II) applies, including paying out a submarine umbilical cable described in such section 12138(b). The term Secretary means the Secretary of Transportation. . Section 12138(b) of title 46, United States Code, is amended— in the heading, by striking and inserting Vessels for cable laying, maintenance, and repair ; and Vessels for paying out pipe, inter-array cables, umbilical cables, or export cables, maintenance, and repair 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; are at least 200 feet in length; and have the capability to pay out, maintain, or repair a submarine export cable, inter-array cable, umbilical cable, or pipe without regard to whether a particular vessel is classed as a cable or pipe lay ship or cable or pipe lay vessel. ; by amending paragraph (2)(B) to read as follows: the abilities and limitations of the vessel with respect to paying out, maintaining, and repairing a submarine export, inter-array, or umbilical cable or submarine pipeline; and ; and by adding at the end the following: For purposes of subsection (c)(3)(A)(ii) of section 30A of the Outer Continental Shelf Lands Act, the Secretary of Transportation shall note the category of each vessel included in the inventory under this subsection in accordance with the categories described in subsection (a)(2) of such section 30A. . Nothing in this section or the amendments made by this section shall authorize a pipe lay vessel, inter-array cable lay vessel, umbilical cable lay vessel, or export cable lay vessel that is not coastwise-endorsed to engage in the transportation of merchandise in coastwise trade. In this subsection: The term coastwise-endorsed has the meaning given the term in section 30A(e) of the Outer Continental Shelf Lands Act, as added by subsection (f)(1). The terms export cable lay vessel , inter-array cable lay vessel , pipe lay vessel , and umbilical cable lay vessel have the meanings given such terms in section 30A(e) of the Outer Continental Shelf Lands Act, as added by subsection (f)(1). Nothing in this section or an amendment made by this section shall be construed as adopting any agency interpretations of any provisions of, or terms within, chapter 551 of title 46, United States Code.
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Sec. 2
Manning and crewing requirements for certain outer continental shelf vessels, vehicles, and structures
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