Posted by: rzehl
May 14, 2008
Topic: The Jones Act

Years ago, before certain technological developments in the offshore oil industry, a vessel was simply a vessel. Any traditional ship, including a barge, tanker or freighter, could easily meet the definition of a vessel. However, as the industry has advanced, new non-traditional vessels are being utilized in ever-increasing numbers. Here is a list of some of the non-traditional structures prevalent throughout the offshore oil industry.

Jack-up Rigs

A jack-up rig is a structure that can float and navigate the ocean like a vessel. Upon reaching its destination, the rig will "jack" itself up by placing its legs on the ocean floor before it begins drilling. Jack-up rigs are considered vessels for purposes of the Jones Act.

Semi-submersibles

Semi-submersibles are drilling rigs that float to their destination and are then secured to the ocean floor by traditional anchors and anchor chains. Because of their inherent mobility, they are usually considered vessels.

Fixed Platforms

Fixed platforms are traditional drilling platforms consisting of a structure mounted on a steel "jacket". These platforms are permanently attached to the sea floor and, as such, are considered artificial islands that fall under the scope of the Outer Continental Shelf Lands Act (OCSLA) when affixed to the outer continental shelf. When these platforms are located in state waters, the law of that state applies. Due to their status as artificial islands, fixed platforms are not vessels and workers onboard are not considered seamen under the Jones Act.

Floating Production Storage and Offloading Facility (FPSO)

Originally, floating production storage and offloading facilities were traditional oil tankers converted for use as FPSOs. These structures contain onboard production, processing and storage facilities for petroleum. FPSOs can either be affixed to the seabed or kept in place hovering over the production site through the use of thrusters. There is no Texas or Louisiana case law, as of yet, that has analyzed the status of these facilities. As long as an FPSO retains the characteristics of a vessel, it may be seen as a vessel for Jones Act purposes. However, as those movable characteristics are lost, the structure would likely lose its status as a vessel.

Spar Platform

A spar platform is a structure designed to float with the majority of the hull beneath the waves. The section that lies above the waves contains the pumps, crew quarters, lifeboats and production facilities. Case law concerning spar platforms utilizes a three-part test to determine vessel status. First, whether the structure was constructed to serve primarily as a work platform and not as a means of transportation. Second, whether the structure was affixed to the seabed or otherwise secured at the time of the incident. Third, whether the transportation function of the structure went beyond theoretical mobility and occasional incidental movement. In the case on point, because the defendants' affidavits proved that there were no plans to even consider moving the vessel because it was elaborately fastened to the ocean floor, the spar platform in question was considered a work platform, not a vessel.

Submersible Drilling Barges

A submersible petroleum storage barge is sunk down to the ocean floor and connected to a nearby platform by catwalks and pipes. Because it is not permanently attached to the ocean floor, the structures are generally deemed vessels for Jones Act purposes.

Tension Leg Platforms

Tension leg platforms consist of sealed columns connected by a ringed pontoon structure fitted with a rectangular cross section. This hull structure is secured in place by a number of large tendons connected to the foundation pilings driven into the sea floor. The buoyancy of the hull keeps the moorings in tension. Generally, these structures are not considered vessels.

Deep Draft Caisson Vessels (DDCV)

Deep draft caisson vessels, like floating production storage and offloading facilities, have not yet had their status analyzed by a court. A DDCV usually consists of a cylindrical hull buoyed by air-filled compartments at the top. The upper portion of the structure contains production facilities while a three-level deck provides offshore processing facilities. These structures are secured by mooring lines connected to piles driven permanently into the ocean floor. Considering DDCV immobility, it seems likely that a court will find this structure to be similar to a spar platform and thus not a vessel for purposes of the Jones Act.

Contact the experienced Louisiana Jones Act attorneys of the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800)-993-4887. We represent clients in states throughout the gulf coast region including: Texas, Louisiana, Alabama and Mississippi.

The Jones Act-Examples of Non-Traditional Vessels

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