A bill to amend the Merchant Marine Act, 1920, and for other purposs.
PL 100-329 (S.1988), enacted 06/07/1988

102 STAT. 588 
PUBLIC LAW 100-329—JUNE 7, 1988 
Public Law 100-329 
100th Congress 
June 7, 1988 
[S. 1988] 
Maritime 
affairs. 
Transportation. 
Waste disposal. 
46 u s e app. 883 
note. 
An Act 
To amend the Merchant Marine Act, 1920, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. (a) Section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), is amended— 
(1) by striking "Treasury" the first time it appears and in-
serting "Treasury, or the actual cost of the transportation, 
whichever is greater,"; and 
(2) by striking "merchandise." at the end thereof and insert-
ing in lieu thereof the following: "merchandise: Provided fur-
ther, That for purposes of this section, the term 'merchandise' 
includes valueless material: Provided further. That this section 
applies to the transportation of valueless material or any 
dredged material regardless of whether it has commercial 
value, from a point or place in the United States or a point or 
place on the high seas within the Exclusive Economic Zone as 
defined in the Presidential Proclamation of March 10, 1983, to 
another point or place in the United States or a point or place 
on the high seas within that Exclusive Economic Zone: Provided 
further, That the transportation of any platform jacket in or on 
a 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)), shall not be deemed transportation 
subject to this section if the launch barge has a launch capacity 
of 12,000 long tons or more, was built as of the date of enact-
ment of this proviso, and is documented under the laws of the 
United States, and the platform jacket cannot be transported on 
and launched from a launch barge of lesser launch capacity that 
is identified by the Secretary of Transportation and is available 
for such transportation.". 
(b)(1) For purposes of interpreting the proviso pertaining to 
transportation of any platform jacket by launch barge, as added by 
subsection (a) of this section to section 27 of the Merchant Marine 
Act, 1920 (46 App. U.S.C. 883), the Secretary of Transportation shall 
develop, maintain, and periodically update an inventory of launch 
barges with less than a launch capacity of 12,000 long tons that are 
qualified to engage in the coastwise trade. Each launch barge listed 
on such inventory shall be identified by its name, launch capacity, 
length, beam, depth, and other distinguishing characteristics. For 
each such launch barge, the name and address of the person to 
whom inquiries may be made shall also be included on the inven-
tory. A launch barge not listed on such inventory shall be deemed 
not to be "a launch barge of lesser launch capacity identified by the 
Secretary of Transportation" within the meaning of such proviso to 
section 27 of the Merchant Marine Act, 1920. 
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PUBLIC LAW 100-329—JUNE 7, 1988 
102 STAT. 589 
(2) Not later than 15 days after the date of enactment of this Act, 
the Secretary of Transportation shall publish in the Federal Reg-
ister an initial inventory of launch barges developed and maintained 
in accordance with paragraph (1) of this subsection. 
(3) Not later than 60 days after the date of enactment of this Act, 
and periodically thereafter, the Secretary shall publish in the Fed-
eral Register a current inventory of launch barges developed, main-
tained, and updated in accordance with paragraph (1) of this 
subsection. 
SEC. 2. Section 4370(a) of the Revised Statutes of the United States 
(46 App. U.S.C. 316(a)) is amended by striking the period at the end 
of the first sentence and inserting in lieu thereof the following: ", or 
to tow any vessel transporting valueless material or any dredged 
material, regardless of whether it has commercial value, from a 
point or place in the United States or a point or place on the high 
seas within the Exclusive Economic Zone as defined in the Presi-
dential Proclamation of March 10, 1983, to another point or place in 
the United States or a point or place on the high seas within that 
Exclusive Economic Zone.". 
SEC. 3. Notwithstanding the provisions of section 1 of this Act, a 
vessel may transport municipal sewage sludge if that vessel, regard-
less of where it was built, is documented under the laws of the 
United States and, on the date of enactment of this Act, that 
vessel— 
(1) is in use by a municipality for the transportation of sewage 
sludge; or 
(2) is under contract with a municipality for the transpor-
tation of sewage sludge. 
SEC. 4. For purposes of the first paragraph of section 805(a) of the 
Merchant Marine Act, 1936 (46 App. U.S.C. 1223(a)), a vessel de-
scribed in section 3(2) of this Act is not a vessel engaged in domestic 
intercoastal or coastwise service, but the prohibitions in the second 
paragraph apply to that vessel. 
SEC. 5. Notwithstanding the provisions of section 1 of this Act, the 
Secretary of the department in which the Coast Guard is operating 
may issue a certificate of documentation under section 12106 of title 
46, United States Code, to a vessel that— 
(1) is engaged in transporting only valueless material in the 
coastwise trade or transporting dredged material, whether or 
not of value, (A) from a point or place on the high seas within 
the Exclusive Economic Zone as defined in the Presidential 
Proclamation of March 10, 1983, to a point or place in the 
United States or to another point or place on the high seas 
within such Exclusive Economic Zone or (B) from a point or 
place within the United States to a point or place on the high 
seas within such Exclusive Economic Zone; 
(2) had a certificate of documentation issued under section 
12105 of that title on October 1, 1987; 
(3) had been sold foreign or placed under a foreign registry 
before that certificate was issued; and 
(4) was built in the United States; 
except that such certificate of documentation shall be endorsed to 
restrict the use of such vessel to the transportation of valueless 
material in the coastwise trade, and to the transportation of dredged 
material, whether or not of value, (i) from a point or place on the 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Waste disposal. 
Waste disposal. 
46 u s e app. 883 
note. 
CJontracts. 
46 u s e app. 883 
note. 
Waste disposal. 
46 u s e app. 883 
note. 
102 STAT. 590 
PUBLIC LAW 100-329—JUNE 7,1988 
high seas within such Exclusive Economic Zone to a point or place 
in the United States or to another point or place on the high seas 
within such Exclusive Economic Zone, or (ii) from a point or place 
within the United States to a point or place on the high seas within 
such Exclusive Economic Zone. 
Approved June 7, 1988. 
LEGISLATIVE HISTORY—S. 1988 (H.R. 82): 
HOUSE REPORTS: No. 100-219 accompanying H.R. 82 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORTS: No. 100-327 (Comm. on Ck>mmerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): July 27, H.R. 82 considered and passed House. 
Vol. 134 (1988): May 18, S. 1988 considered and passed Senate. 
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May 24, considered and passed House.