An employer may apply to the Director or his/her designee to certify
a particular facility as one engaged in the building, repairing or
dismantling of exclusively small vessels, as defined. Once certified,
injuries sustained at that facility would not be covered under the Act
except for injuries which occur over the navigable waters of the United
States including any adjoining pier, wharf, dock, facility over land for
launching vessels or for hauling, lifting or drydocking vessels. A
facility otherwise covered under the Act remains covered until
certification of exemption is issued; a certification will be granted
only upon submission of a complete application (described in
Sec. 702.174), and only for as long as a facility meets the requirements
detailed in section 3(d) of the Act, 33 U.S.C. 903(d). This exemption
from coverage is not intended to be used by employers whose facilities
from time to time may temporarily meet the criteria for qualification
but only for facilities which work on exclusively small vessels, as
defined.
[50 FR 396, Jan. 3, 1985]
