43 U.S.C. § 1356 — Documentary, registry and manning requirements
submitted 73 years ago by Pub. L. 95-372 to r/title-43-PUBLIC-LANDS · 450 words · no verdicts yet
The Coast Guard's department must issue rules for documenting, designing, repairing, and crewing vessels and structures used under this subchapter. The rules have grandfathering and foreign-ownership exceptions.
(a) Within six months after September 18, 1978, the responsible department Secretary* must issue rules requiring each vessel, rig, platform, vehicle, or structure used under this subchapter: (1) after the one-year period beginning when the rules take effect, and built or rebuilt after that period, to be documented under United States law when documentation is legally required; (2) to meet Secretary-set minimum design, construction, alteration, and repair standards, subject to (b); and (3) after that one-year period to be crewed by United States citizens or lawful permanent resident aliens, subject to (c). (b) Design, construction, alteration, and repair rules do not apply to a structure built before September 18, 1978, until it is rebuilt after that date. (c) Manning rules do not apply if (1) specific contracts or September 18, 1978 national-registry rules say otherwise; qualified and available United States citizens or lawful permanent residents are insufficient; or the President specifically finds application inconsistent with the national interest. They also do not apply to a structure more than 50 percent foreign-owned or effectively controlled by foreign citizens, except to the extent the President finds that the foreign government or subdivision has adopted a national manning rule, by law, regulation, policy, or practice, for offshore oil-and-gas exploration*, development*, or production* equipment.
Within six months after September 18, 1978, the Secretary* of the Department in which the Coast Guard is operating shall issue regulations which require that any vessel, rig, platform, or other vehicle or structure—
which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter and which is built or rebuilt at any time after such one-year period, when required to be documented by the laws of the United States, be documented under the laws of the United States;
which is used for activities pursuant to this subchapter, comply, except as provided in subsection (b), with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the Department in which the Coast Guard is operating establishes; and
which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter, be manned or crewed, except as provided in subsection (c), by citizens of the United States or aliens lawfully admitted to the United States for permanent residence.
The regulations issued under subsection (a)(2) of this section shall not apply to any vessel, rig, platform, or other vehicle or structure built prior to September 18, 1978, until such time after such date as such vehicle or structure is rebuilt.
The regulations issued under subsection (a)(3) of this section shall not apply—
to any vessel, rig, platform, or other vehicle or structure if—
specific contractual provisions or national registry manning requirements in effect on September 18, 1978, provide to the contrary;
there are not a sufficient number of citizens of the United States, or aliens lawfully admitted to the United States for permanent residence, qualified and available for such work; or
the President makes a specific finding, with respect to the particular vessel, rig, platform, or other vehicle or structure, that application would not be consistent with the national interest; and
to any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploration*, development*, or production* of oil and gas in its offshore areas.
Source credit: (Aug. 7, 1953, ch. 345, § 30, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 669.)
- 1953Enacted · Pub. L. 95-372 · 92 Stat. 669
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-372 on 1953-08-07.
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