U.S. Code » Title 43 » Chapter CHAPTER 29— SUBMERGED LANDS › Subchapter SUBCHAPTER III— OUTER CONTINENTAL SHELF LANDS

43 U.S.C. § 1356

Documentary, registry and manning requirements

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(a) RegulationsWithin 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), 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), 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 requirementsThe 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, § 30, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 669.)Statutory Notes and Related SubsidiariesTransfer 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.

Notes of Decisions
Cited in 9 cases, 1979–2011 · leading case: Brown v. Offshore Specialty Fabricators, Inc., 663 F.3d 759 (5th Cir. 2011).
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Brown v. Offshore Specialty Fabricators, Inc., 663 F.3d 759 (5th Cir. 2011). · cites it 6× “” 43 U.S.C. § 1356 (a)(3). This requirement is subject to exemptions that the OCSLA empowers the United States Coast Guard to issue.”
Cunningham v. Offshore Specialty Fabrications, Inc., 543 F. Supp. 2d 614 (E.D. Tex. 2008). · cites it 7× “A case in the Ninth Circuit and a line of three cases in the DC Circuit were related to foreign owned vessels that fell under the exception of 43 U.S.C. § 1356 (c)(2) but had alien crews which were questionably subject to the INA.”
United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus. v. Thornburgh, 768 F. Supp. 375 (D.D.C. 1991). · cites it 5× “43 U.S.C. § 1356 (a)(3), (c). II. Factual Background Defendants are various executive branch officials and agencies (hereinafter “the *378 government”) charged with administering the INA and the OCSLA.”
Piledrivers' Local Union No. 2375 v. Smith, 695 F.2d 390 (9th Cir. 1982). · cites it 3× “applies to the outer continental shelf except as modified by 43 U.S.C. § 1356 . The Union contends that section 1356(a)(3) is not effective yet.”
United Ass'n of Journeymen v. Reno, 73 F.3d 1134 (D.C. Cir. 1996). · cites it 8× “, might depend, we said in our first *1136 opinion, on another provision of the OCSL Act also added in 1978 — 43 U.S.C. § 1356 , § 208, 92 Stat. 669 . 981 F.”
Piledrivers' Local Union No. 2375 v. Smith, 541 F. Supp. 460 (C.D. Cal. 1982). · cites it 3× “That 1978 amendment, 43 U.S.C. § 1356 (a)(3), is similar in purpose to the labor certification section of the INA, 8 U.”
United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. of the United States & Canada, Local Union No. 412 v. Barr, 981 F.2d 1269 (D.C. Cir. 1992). · cites it 2× “” 43 U.S.C. § 1356 (a) & (a)(3). To this requirement, § 1356(c) makes an exception for any vessel 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.”
United Bhd. of Carpenters & Joiners of Am., Afl-Cio v. Drew Lewis, Sec'y of Transp., 699 F.2d 547 (D.C. Cir. 1983). · cites it 6× “Specifically, UBC sought to compel Secretary Lewis and Commandant Hayes to issue certain manning regulations required by Section 30 of the Amendments, 43 U.S.C. § 1356 , to force immediate compliance with those manning provisions, and to compel President Reagan to make certain…”
Applicability of the Immigr. & Nationality Act to Aliens Working on Drilling Rigs on the Outer Cont'l Shelf (OLC 1979). · cites it 6× “Section 30 o f the Outer Continental Shelf Act, as added by § 208 of the O uter Continental Shelf Lands Act Amendments o f 1978, 43 U.S.C. § 1356 (1979 S upp.).5 These new requirements lead us to a contrary conclusion.”
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