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Vessels

As the world’s frst FLNG project, has a production Prelude capacity of 3.6mtpa LNG. Photo from Shell.

possibilities, not merely where the Supreme Court considered “theoretical” ones. whether a dredge (in this case a massive

In other words, “a foating platform used for silt dredging reasonable observer” that moved using a towing system of must, when looking at any anchors and cables) was found to serve a foating structure’s “physi- waterborne transportation function. The cal characteristics and Supreme Court found that the dredge in activities … consider it [to question did meet the requirements to be] designed to a practical categories as a “vessel” and in so doing, degree for carrying people acknowledged the following as important or things over water.” The factors to consider in determining “ves- “foating home” in ques- sel” status:

Prelude’s hull launch h from Geoje, South Korea in 2013.

Photo from Shell.

• tion had no self-propulsion water transportation need not be the

United States but this, of itself, was not deemed to be “primary purpose” of the structure in

Although the US has not acceded to the conclusive evidence of “non-vessel” question; and •

IMO conventions described above, recent status. Additional facts such as a lack watercraft need not be in motion to

US case law has considered what charac- of rudder or other steering mechanism, qualify as a vessel so long as the struc- teristics must be met for a craft to satisfy unraked hull, a rectangular bottom 10in. ture is not “permanently attached” to the the meaning of the term “vessel.” The below water level, no special capacity to ocean foor or land (although exactly how term “vessel” is defned by the US Rules generate or store electricity unless from long the facility would need to stay in one of Construction Act, 1 U.S.C. §3 as “every land, rooms designed in a non-maritime position to be classed as “permanently description of watercraft or other artifcial style, and the fact that its windows were attached” was not ruled on in this case).

contrivance used, or capable of being used, ordinary French windows were also con-

What constitutes a “seagoing vessel” as a means of transportation on water.” sidered by the US Supreme Court before or “seaborne craft” under the Bunker

In a recent 2013 case, Lozman v. City of ruling that the foating home did not meet

Convention/HNS Convention?

Riviera Beach, Florida, the US Supreme the criteria to fall within the defnition of

Court considered whether the owner of “vessel” under the Rules of Construction The Bunker Convention and HNS a foating home was subject to maritime

Act. Convention defne a “ship” to mean “any law on the basis that such watercraft was

In reaching its decision in the 2013 seagoing vessel and seaborne craft, of “capable of being used, as a means of

Lozman case, the US Supreme Court any type whatsoever.” This defnition transportation on water.” In interpreting considered a number of earlier US mari- appears all-encompassing but there is this language, the Supreme Court held that time cases. Of particular note is a 2005 still signifcant scope to argue that certain such phrase should encompass “practical” case, Stewart v. Dutra Construction Co., FLNG facilities would fail to meet this

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