H. R. 2443—28
and its United States affiliates and documented under
this section is qualified proprietary cargo;
‘‘(iv) any cargo other than qualified proprietary
cargo carried by all vessels owned by such person
and its United States affiliates and documented under
this section consists of oil, petroleum products, petro-
chemicals, or liquified natural gas;
‘‘(v) no vessel owned by such person or any of
its United States affiliates and documented under this
section carries molten sulphur; and
‘‘(vi) such person owned 1 or more vessels docu-
mented under subsection (e) of this section as of the
date of enactment of the Coast Guard and Maritime
Transportation Act of 2004.
‘‘(B) APPLICATION ONLY TO CERTAIN VESSELS.—A person
may make a certification under this paragraph only with
respect to—
‘‘(i) a tank vessel having a tonnage of not less
than 6,000 gross tons, as measured under section
14502 of this title (or an alternative tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title); or
‘‘(ii) a towing vessel associated with a non-self-
propelled tank vessel that meets the requirements of
clause (i), where the 2 vessels function as a single
self-propelled vessel.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) AFFILIATE.—The term ‘affiliate’ means, with
respect to any person, any other person that is—
‘‘(i) directly or indirectly controlled by, under
common control with, or controlling such person; or
‘‘(ii) named as being part of the same consolidated
group in any report or other document submitted to
the United States Securities and Exchange Commis-
sion or the Internal Revenue Service.
‘‘(B) CARGO.—The term ‘cargo’ does not include cargo
to which title is held for non-commercial reasons and pri-
marily for the purpose of evading the requirements of para-
graph (3).
‘‘(C) OIL.—The term ‘oil’ has the meaning given that
term in section 2101(20) of this title.
‘‘(D) PASSIVE INVESTMENT.—The term ‘passive invest-
ment’ means an investment in which neither the investor
nor any affiliate of such investor is involved in, or has
the power to be involved in, the formulation, determination,
or direction of any activity or function concerning the
management, use, or operation of the asset that is the
subject of the investment.
‘‘(E) QUALIFIED PROPRIETARY CARGO.—The term ‘quali-
fied proprietary cargo’ means—
‘‘(i) oil, petroleum products, petrochemicals, or
liquefied natural gas cargo that is beneficially owned
by the person who submits to the Secretary an applica-
tion or annual certification under paragraph (3), or
by an affiliate of such person, immediately before,
during, or immediately after such cargo is carried in
coastwise trade on a vessel owned by such person;
H. R. 2443—29
‘‘(ii) oil, petroleum products, petrochemicals, or
liquefied natural gas cargo not beneficially owned by
the person who submits to the Secretary an application
or an annual certification under paragraph (3), or by
an affiliate of such person, but that is carried in coast-
wise trade by a vessel owned by such person and
which is part of an arrangement in which vessels
owned by such person and at least one other person
are operated collectively as one fleet, to the extent
that an equal amount of oil, petroleum products, petro-
chemicals, or liquefied natural gas cargo beneficially
owned by such person, or an affiliate of such person,
is carried in coastwise trade on 1 or more other vessels,
not owned by such person, or an affiliate of such per-
son, if such other vessel or vessels are also part of
the same arrangement;
‘‘(iii) in the case of a towing vessel associated with
a non-self-propelled tank vessel where the 2 vessels
function as a single self-propelled vessel, oil, petroleum
products, petrochemicals, or liquefied natural gas cargo
that is beneficially owned by the person who owns
both such towing vessel and the non-self-propelled tank
vessel, or any United States affiliate of such person,
immediately before, during, or immediately after such
cargo is carried in coastwise trade on either of the
2 vessels; or
‘‘(iv) any oil, petroleum products, petrochemicals,
or liquefied natural gas cargo carried on any vessel
that is either a self-propelled tank vessel having a
length of at least 210 meters or a tank vessel that
is a liquefied natural gas carrier that—
‘‘(I) was delivered by the builder of such vessel
to the owner of such vessel after December 31,
1999; and
‘‘(II) was purchased by a person for the pur-
pose, and with the reasonable expectation, of trans-
porting on such vessel liquefied natural gas or
unrefined petroleum beneficially owned by the
owner of such vessel, or an affiliate of such owner,
from Alaska to the continental United States.
‘‘(F) UNITED STATES
AFFILIATE.—The term ‘United
States affiliate’ means, with respect to any person, an
affiliate the principal place of business of which is located
in the United States.’’.
(b) TREATMENT OF OWNER OF CERTAIN VESSELS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, a person shall be treated as a citizen of the United States
under section 12102(a) of title 46, United States Code, section
2 of the Shipping Act, 1916 (46 U.S.C. App. 802), and section
27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883),
for purposes of issuance of a coastwise endorsement under
section 12106(e) of title 46, United States Code (as that section
was in effect on the day before the date of enactment of this
Act), for a vessel owned by the person on the date of enactment
of this Act, or any replacement vessel of a similar size and
function, if the person—
H. R. 2443—30
(A) owned a vessel before January 1, 2001, that had
a coastwise endorsement under section 12106(e) of title
46, United States Code; and
(B) as of the date of the enactment of this Act, derives
substantially all of its revenue from leasing vessels engaged
in the transportation or distribution of petroleum products
and other cargo in Alaska.
(2) LIMITATION ON COASTWISE TRADE.—A vessel owned by
a person described in paragraph (1) for which a coastwise
endorsement is issued under section 12106(e) of title 46, United
States Code, may be employed in the coastwise trade only
within Alaska and in the coastwise trade to and from Alaska.
(3) TERMINATION.—The application of this subsection to
a person described in paragraph (1) shall terminate if all of
that person’s vessels described in paragraph (1) are sold to
a person eligible to document vessels under section 12106(a)
of title 46, United States Code.
(c) APPLICATION TO CERTAIN CERTIFICATES.—
(1) IN GENERAL.—The amendments made by this section,
and any regulations published after February 4, 2004, with
respect to coastwise endorsements, shall not apply to a certifi-
cate of documentation, or renewal thereof, endorsed with a
coastwise endorsement for a vessel under section 12106(e) of
title 46, United States Code, or a replacement vessel of a
similar size and function, that was issued prior to the date
of enactment of this Act as long as the vessel is owned by
the person named therein, or by a subsidiary or affiliate of
that person, and the controlling interest in such owner has
not been transferred to a person that was not an affiliate
of such owner as of the date of enactment of this Act. Notwith-
standing the preceding sentence, however, the amendments
made by this section shall apply, beginning 3 years after the
date of enactment of this Act, with respect to offshore supply
vessels (as defined in section 2101(19) of title 46, United States
Code, as that section was in effect on the date of enactment
of this Act) with a certificate of documentation endorsed with
a coastwise endorsement as of the date of enactment of this
Act, and the Secretary of the Department in which the Coast
Guard is operating shall revoke any such certificate if the
vessel does not by then meet the requirements of section
12106(e) of title 46, United States Code, as amended by this
section.
(2) REPLACEMENT VESSEL.—For the purposes of this sub-
section, ‘‘replacement vessel’’ means—
(A) a temporary replacement vessel for a period of
not to exceed 180 days if the vessel described in paragraph
(1) is unavailable due to an act of God or a marine casualty;
or
(B) a permanent replacement vessel if—
(i) the vessel described in paragraph (1) is unavail-
able for more than 180 days due to an act of God
or a marine casualty; or
(ii) a contract to purchase or construct such
replacement vessel is executed not later than December
31, 2004.
(d) WAIVER.—The Secretary of Transportation shall waive or
reduce the qualified proprietary cargo requirement of section
H. R. 2443—31
12106(f)(3)(A)(iii) of title 46, United States Code, for a vessel if
the person that owns the vessel (or, if the vessel is owned by
a trust or similar arrangement, the beneficiary of the trust or
similar arrangement) notifies the Secretary that circumstances
beyond the direct control of such person or its affiliates prevent,
or reasonably threaten to prevent, such person from satisfying
such requirement, and the Secretary does not, with good cause,
determine otherwise. The waiver or reduction shall apply during
the period of time that such circumstances exist.
(e) REGULATIONS.—No later than one year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall prescribe final regulations
to carry out this section, including amendments made by this section
to section 12106 of title 46, United States Code.
SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REG-
ISTER.
Title 46, United States Code, is amended—
(1) in section 7302—
(A) by striking ‘‘section 206(b)(7) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note)’’ and inserting
‘‘30305(b)(5) of title 49’’; and
(B) by striking ‘‘section 205(a)(3)(A) or (B) of that Act’’
and inserting ‘‘30304(a)(3)(A) or (B) of title 49’’;
(2) in section 7702(d)(1)(B)(iii) by striking ‘‘section
205(a)(3)(A) or (B) of the National Driver Register Act of 1982’’
and inserting ‘‘section 30304(a)(3)(A) or (B) of title 49’’; and
(3) in section 7703(3) by striking ‘‘section 205(a)(3)(A) or
(B) of the National Driver Register Act of 1982’’ and inserting
‘‘section 30304(a)(3)(A) or (B) of title 49’’.
SEC. 610. WATEREE RIVER.
For purposes of bridge administration, the portion of the
Wateree River in the State of South Carolina, from a point 100
feet upstream of the railroad bridge located at approximately mile
marker 10.0 to a point 100 feet downstream of such bridge, is
declared to not be navigable waters of the United States for pur-
poses of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
SEC. 611. MERCHANT MARINERS’ DOCUMENTS PILOT PROGRAM.
The Secretary of the department in which the Coast Guard
is operating may conduct a pilot program to demonstrate methods
to improve processes and procedures for issuing merchant mariners’
documents.
SEC. 612. CONVEYANCE.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary of the department in which the Coast Guard
is operating shall convey, by an appropriate means of convey-
ance, all right, title, and interest of the United States in and
to Sentinel Island, Alaska, to the entity to which the Sentinel
Island Light Station is conveyed under section 308(b) of the
National Historic Preservation Act (16 U.S.C. 470w–7(b)).
(2) IDENTIFICATION OF PROPERTY.—The Secretary may iden-
tify, describe, and determine the property to be conveyed under
this subsection.