Page:United States Statutes at Large Volume 117.djvu/1827

 117 STAT. 1808

PUBLIC LAW 108–136—NOV. 24, 2003

the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and ‘‘(C) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel. ‘‘(2) CONTINUED ELIGIBILITY FOR CERTIFICATE.—Paragraph (1) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in paragraph (1)(B). ‘‘(3) RELIANCE ON CLASSIFICATION SOCIETY.— ‘‘(A) IN GENERAL.—The Secretary may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of paragraphs (1) and (2). ‘‘(B) FOREIGN CLASSIFICATION SOCIETY.—The Secretary may accept certification from a foreign classification society under subparagraph (A) only— ‘‘(i) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and ‘‘(ii) if the foreign classification society has offices and maintains records in the United States. ‘‘(f) WAIVER OF AGE RESTRICTION.—The Secretary of Defense, in conjunction with the Secretary of Transportation, may waive the application of an age restriction under subsection (b)(3) if the Secretaries jointly determine that the waiver— ‘‘(1) is in the national interest; ‘‘(2) is appropriate to allow the maintenance of the economic viability of the vessel and any associated operating network; and ‘‘(3) is necessary due to the lack of availability of other vessels and operators that comply with the requirements of this chapter.

Deadlines.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

‘‘§ 53103. Award of operating agreements ‘‘(a) IN GENERAL.—The Secretary shall require, as a condition of including any vessel in the Fleet, that the person that is the owner or operator of the vessel for purposes of section 53102(c) enter into an operating agreement with the Secretary under this section. ‘‘(b) PROCEDURE FOR APPLICATIONS.— ‘‘(1) ACCEPTANCE OF APPLICATIONS.—Beginning no later than 30 days after the effective date of this chapter, the Secretary shall accept applications for enrollment of vessels in the Fleet. ‘‘(2) ACTION ON APPLICATIONS.—Within 90 days after receipt of an application for enrollment of a vessel in the Fleet, the Secretary shall approve the application in conjunction with the Secretary of Defense, and shall enter into an operating agreement with the applicant, or provide in writing the reason for denial of that application. ‘‘(3) PARTICIPATING FLEET VESSELS.— ‘‘(A) IN GENERAL.—The Secretary shall accept an application for an operating agreement for a participating

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