46 U.S.C. § 55122: Floating dry docks

Summary

Moving a floating dry dock does not have to follow the usual rule in section 55102 when three things are true: the dock is being used to launch or lift a specific ship for that ship’s construction, maintenance, or repair; a U.S. shipyard that qualifies under section 12103(b) or an affiliate owns and runs the dock; and the shipyard owned or had a purchase contract for the dock before Congress passed the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, or had a signed letter of intent before that date. The move must stay within 5 nautical miles of the owning shipyard, except docks with those earlier letters of intent may move between Honolulu and Pearl Harbor. If a dry dock is needed to build Navy ships, the Secretary of the Navy can say the ownership rule is met and use the date December 19, 2017 instead of the earlier NDAA date, if the Secretary finds the dock is necessary and is owned/run by a qualifying shipyard or affiliate, or is state-owned and run by a qualifying shipyard. The Secretary must notify the House Armed Services Committee, House Transportation and Infrastructure Committee, Senate Armed Services Committee, and Senate Commerce, Science, and Transportation Committee within 30 days. A floating dry dock is equipment with side (wing) walls and a deck that can be fully submerged.

Title 46, §55122

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(a)In General.—

section 55102 of this title does not apply to the movement of a floating dry dock if—

(1)the floating dry dock—

(A)is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;

(B)is owned and operated by—

(i)a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or

(ii)an affiliate of such a shipyard; and

(C)(i)was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015; or

(ii)had a letter of intent for purchase by such shipyard or affiliate signed prior to such date of enactment; and

(2)the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii.

(b)Dry Docks for Construction of Certain Naval Vessels.—

(1)In general.—

In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and “December 19, 2017” shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—

(A)such dry dock is necessary for the timely completion of such construction; and

(B)such dry dock—

(i)is owned and operated by—

(I)a shipyard located in the United States that is an eligible owner specified under section 12103(b); or

(II)an affiliate of such a shipyard; or

(ii)is—

(I)owned by the State in which the shipyard is located or a political subdivision of that State; and

(II)operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).

(2)Notice to congress.—

Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.

(c)Definition.—

In this section, the term “floating dry dock” means equipment with wing walls and a fully submersible deck.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.

Amendments

2022—Subsec. (a)(1)(C). Pub. L. 117–263, § 11525(1), designated existing provisions as cl. (i), substituted “2015; or” for “2015; and”, and added cl. (ii). Subsec. (a)(2). Pub. L. 117–263, § 11525(2), inserted “or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii” before period at end. 2016—Subsecs. (b), (c). Pub. L. 114–328 added subsec. (b) and redesignated former subsec. (b) as (c).

§55122 Floating Dry Docks