Sec. 5. Interpretive ruling process
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Chapter 551 of title 46, United States Code, is amended by adding at the end the following: In this section: The term coastwise qualified vessel has the meaning given the term in section 55108 of this title. The term interested party means— the owner or operator of a vessel engaged in coastwise trade; a manufacturer of coastwise qualified vessels; a certified labor organization, recognized labor organization, or group of workers or mariners which is representative of an industry engaged or employed in— the coastwise trade; or coastwise qualified vessel construction; a trade or business association, a majority of whose members are— owners or operators of vessels engaged in coastwise trade; or manufacturers of coastwise qualified vessels; or an association, a majority of whose members are composed of persons described in subparagraphs
(A)through (D). The term Secretary means the Secretary of the Department in which the Coast Guard is operating. Upon written request by an interested party, the Secretary shall furnish, by not later than 60 days after such request, an interpretive ruling regarding a non-coastwise qualified vessel's activities and compliance with United States 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 sections 50503 and 55101 through 55121 of this title. After the Secretary furnishes an interpretive ruling requested under subsection
(b)or any other interpretive ruling regarding the interpretation, application, or enforcement of the coastwise laws, an interested party that believes the ruling is incorrect may file a petition with the Secretary setting forth— the interested party's understanding of the factual scenario; the outcome of the decision that the interested party believes to be proper in the provided factual scenario; and the reasons for the belief of the interested party. The Secretary shall publish online— the name of an interested party filing a petition under paragraph (1); and the ruling that such party believes is incorrect. If, after receipt and consideration of a petition filed under subsection
(c)by an interested party, the Secretary determines that the conclusion reached in the contested interpretive ruling is not correct, the Secretary shall, by not later than 60 days after such receipt, determine the proper outcome and notify the interested party of the Secretary's determination. If after receipt and consideration of a petition filed under subsection
(c)by an interested party, the Secretary determines that the contested interpretive ruling under subsection
(b)is correct, the Secretary shall, by not later than 30 days after such receipt, notify the interested party. An interested party that receives a notice under subparagraph
(A)may file an appeal to contest the ruling by not later than 30 days after the date of the notification. Upon receipt of an appeal from the interested party, the Secretary shall make a determination of the interpretive ruling as presented in the original ruling under subsection
(b)by not later than 7 days after the receipt of the appeal. Not later than 3 days after making a determination under paragraph
(1)or (2), the Secretary shall publish online such determination. Not later than 90 days after the Secretary makes a determination regarding an interpretive ruling under subsection (d)(2)(B), 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. By not later than 90 days after the effective date of this section, the Secretary shall prescribe regulations to implement the procedures required under this section. . The table of sections for chapter 551 of title 46, United States Code, is amended by inserting after the item relating to section 55123 the following: Sec. 55124. Interpretive ruling process. .