Sec. 363. Foreign vessel notifications
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/bill/119/hr/4275/ih/section-363·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 55102 of title 46, United States Code, is amended by adding at the end the following: Not later than 7 days after a final agency action regarding a violation of this section by a vessel that does not have a coastwise endorsement under chapter 121 of this title or is not otherwise authorized to engage in the coastwise trade, the Secretary of the department in which the Coast Guard is operating shall publish in the Customs Bulletin and Decisions a notification pursuant to paragraph
(2)with respect to the violation. The notification under paragraph
(1)shall include— the name of the vessel involved in the violation; the name of the owner of such vessel; the amount of the fine imposed, or value of merchandise seized, pursuant to subsection
(c)as a result of the violation; and a summary of the misconduct comprising the violation; and justification for imposing a penalty, as identified in the final agency action with respect to the violation. Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary of Homeland Security shall prescribe regulations implementing subsection (d), which may include amending regulations relating to penalties issued by U.S. Customs and Border Protection, particularly with respect to the information to be contained in the notification under such subsection. . 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 determinations of the Secretary. 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, 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. Not later than 7 days after the receipt of an appeal from the interested party under subparagraph (B), the Secretary shall make a determination of the interpretive ruling contested in the original ruling under subsection (b). Not later than 3 days after making a determination under paragraph
(1)or (2), the Secretary shall publish such determination on a website of the Coast Guard. 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. Not later than 90 days after the date of enactment of this section, the Secretary shall prescribe regulations to carry out 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. . Nothing in this Act or the amendments made by this Act may be construed as congressional validation of a ruling letter, interpretative guidance, or doctrine issued, or other action taken, by the Secretary of Homeland Security. Subchapter I of chapter 700 of title 46, United States Code, is further amended by adding at the end the following: In this section: The term outer Continental Shelf has the meaning given such term in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ). The term ruling letter means any ruling letter or headquarters ruling letter relating to the enforcement of chapters 121 and 551 (commonly referred to as the Jones Act ), issued by the Commissioner of U.S. Customs and Border Protection pursuant to section 502(a) or 625 of the Tariff Act of 1930 ( 19 U.S.C. 1502(a) , 1625). The term Secretary means the Secretary of the department in which the United States Customs and Border Protection is operating, acting through the Commissioner of U.S. Customs and Border Protection. Prior to engaging in any activity or operation on the outer Continental Shelf, the operator of a foreign vessel used in such activity or operations shall file with the Secretary a notification describing all activities and operations to be performed by the operator on the outer Continental Shelf and, if applicable, an identification of each applicable ruling letter issued by such Secretary to approve the use of a foreign vessel in an identical activity or operation. Not later than 14 days after the receipt of a notification under paragraph (1), the Secretary shall— if necessary, redact any information exempt from public disclosure under section 552 of title 5; and publish the notification, as so redacted, in the Customs Bulletin and Decisions. This subsection shall not apply to— any vessel that— is performing an offshore lift, as defined in section 30(c)(2)(B)(iv)(I) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2)(B)(iv)(I) ); and has a crane height capability of 180 meters; and any rig or unit described in section 30(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(d) ). . The analysis for chapter 700 of title 46, United States Code, is amended by adding at the end the following: 70009. Foreign vessel notifications. .
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