§55108 — Title 46 Shipping | U.S. Code

Summary

Lets a non‑coastwise launch barge move a single piece of an offshore platform (a "platform jacket") between two U.S. points, one of which serves an Outer Continental Shelf installation, when three things are true: the barge was built before December 31, 2000; it can launch at least 12,000 long tons; and the Secretary of Transportation finds that no suitable coastwise qualified vessel is available to do the job. A coastwise qualified vessel means a vessel with a coastwise endorsement under chapter 121. A platform jacket means one physical part of an offshore structure, such as jackets, hulls, tower or base sections, topsides, or SPAR/tension‑leg superstructures. The Secretary must create rules to get timely information and to try to use coastwise vessels first. An owner or operator must apply with engineering and timing details. The Secretary then publishes a Federal Register notice describing the job, offers details on request, and asks for reports of available coastwise vessels within 30 days. A coastwise vessel is treated as unavailable only if no one responds in 30 days, or if an owner says a vessel is available but the Secretary decides within 90 days that it is not suitable or not reasonably available.

Title 46, §55108

Shipping — Source: USLM XML via OLRC

(a)In this section:

(1)The term “coastwise qualified vessel” means a vessel that has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title.

(2)The term “platform jacket” refers to a single physical component and includes any type of offshore exploration, development, or production structure or component thereof, including—

(A)platform jackets;

(B)tension leg or SPAR platform superstructures (including the deck, drilling rig and support utilities, and supporting structure);

(C)hull (including vertical legs and connecting pontoons or vertical cylinder);

(D)tower and base sections of a platform jacket;

(E)jacket structures; and

(F)deck modules (known as “topsides”).

(b)section 55102 of this title does not apply to the transportation of a platform jacket in or on a non-coastwise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if—

(1)the launch barge was built before December 31, 2000, and has a launch capacity of at least 12,000 long tons; and

(2)the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suitable coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jacket.

(c)The Secretary of Transportation shall adopt procedures implementing this section that are reasonably designed to provide timely information so as to maximize the use of coastwise qualified vessels. The procedures shall, among other things, establish that for purposes of this section, a coastwise qualified vessel shall be deemed to be not available only if—

(1)on application by an owner or operator for the use of a non-coastwise qualified launch barge for transportation of a platform jacket under this section (which application shall include all relevant information, including engineering details and timing requirements), the Secretary promptly publishes a notice in the Federal Register—

(A)describing the project and the platform jacket involved;

(B)advising that all relevant information reasonably needed to assess the transportation requirements for the platform jacket will be made available to interested parties on request; and

(C)requesting that information on the availability of coastwise qualified vessels be submitted within 30 days after publication of that notice; and

(2)(A)no information is submitted to the Secretary within that 30 day period; or

(B)the owner or operator of a coastwise qualified vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified vessel available for the transportation, but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified vessel is not suitable or reasonably available for the transportation.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5510846 App.:883 (last proviso).June 5, 1920, ch. 250, § 27 (last proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 101–329 [100–329], § 1(a)(2), June 7, 1988, 102 Stat. 588; Pub. L. 107–295, title II, § 213(c), Nov. 25, 2002, 116 Stat. 2100; Pub. L. 108–293, title IV, § 417, Aug. 9, 2004, 118 Stat. 1048. In subsection (a), the words “coastwise endorsement under chapter 121” are substituted for “coastwise endorsement under section 12106” because section 12106 is being restated in various sections in revised chapter 121. In subsection (b), the words “section 55102 of this title does not apply” are substituted for “shall not be deemed transportation subject to this section” for consistency in the chapter.

§55108 Platform Jackets

Summary

Title 46, §55108

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata