§ 1356. — Documentary, registry and manning requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1356]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1356. Documentary, registry and manning requirements
(a) Regulations
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--
(1) 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;
(2) which is used for activities pursuant to this subchapter,
comply, except as provided in subsection (b) of this section, 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
(3) 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) of this section, by citizens of the United States
or aliens lawfully admitted to the United States for permanent
residence.
(b) Exceptions from design, construction, alteration, and repair
requirements
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.
(c) Exceptions from manning requirements
The regulations issued under subsection (a)(3) of this section shall
not apply--
(1) to any vessel, rig, platform, or other vehicle or structure
if--
(A) specific contractual provisions or national registry
manning requirements in effect on September 18, 1978, provide to
the contrary;
(B) 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
(C) 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
(2) 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.
(Aug. 7, 1953, ch. 345, Sec. 30, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 669.)
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
