Page:United States Statutes at Large Volume 102 Part 1.djvu/626

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 588

PUBLIC LAW 100-329—JUNE 7, 1988

Public Law 100-329 100th Congress An Act June 7, 1988 [S. 1988]

To amend the Merchant Marine Act, 1920, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Maritime United States of America in Congress assembled, affairs. SECTION 1. (a) Section 27 of the Merchant Marine Act, 1920 (46 Transportation. App. U.S.C. 883), is amended— (1) by striking "Treasury" the first time it appears and inserting "Treasury, or the actual cost of the transportation, whichever is greater,"; and (2) by striking "merchandise." at the end thereof and inserting in lieu thereof the following: "merchandise: Provided further, That for purposes of this section, the term 'merchandise' includes valueless material: Provided further. That this section Waste disposal. 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 enactment 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.". 46 USC app. 883 (b)(1) For purposes of interpreting the proviso pertaining to note. 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 inventory. 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.