§12117 — Title 46 Shipping | U.S. Code

Summary

Lets certain oil spill response vessels get a coastwise endorsement even if they do not meet the usual ownership rule. To qualify, a vessel must meet the other endorsement rules; be owned by a not-for-profit oil spill response cooperative or by members who dedicate the boat to the cooperative; be at least 50 percent owned by the persons or entities listed in section 12103(b); and be used only to deploy equipment, supplies, or people to recover, contain, or move oil spilled in U.S. navigable waters or the exclusive economic zone, or for training for that work. A vessel that meets these conditions is treated as if it is owned only by U.S. citizens under sections 12103, 12132, and 50501.

Title 46, §12117

Shipping — Source: USLM XML via OLRC

(a)A coastwise endorsement may be issued for a vessel that—

(1)satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section;

(2)is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative that dedicate the vessel to use by the cooperative;

(3)is at least 50 percent owned by individuals or entities described in section 12103(b) of this title; and

(4)is to be used only for—

(i)deploying equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States or the exclusive economic zone; or

(ii)training exercises to prepare to respond to such a discharge.

(b)A vessel satisfying subsection (a) is deemed to be owned only by citizens of the United States under section 12103, 12132, and 50501 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1211746:12106(d).

Editorial Notes

Prior Provisions

A prior section 12117, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750, originally derived from section 65q of former Title 46, Shipping, related to recording of United States built vessels, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12137 of this title.

§12117 Oil spill response vessels