; and (G) the pristine seabed exemption, where CBP has purported to hold that Outer Continental Shelf Lands Act’s explicit application to the subsoil and seabed of the outer Continental Shelf does not include the pristine seabed . (13) If a ruling letter is contrary to the statute’s plain text and the expressed intent of Congress, or found unpersuasive by a Federal court, it will be invalidated as arbitrary and capricious. (14) Federal courts have not squarely addressed the interpretations contained in these CBP ruling letters and other guidance, and thus have never upheld these interpretations as valid and authoritative. 3. Precluding exemptions from Jones Act requirements for certain foreign vessels The Secretary may not provide any exemption from the requirements of chapters 121 and 551 of title 46, United States Code (commonly referred to as the Jones Act ), to the owner of a foreign vessel engaging in commercial transportation services to directly support the exploration for, or development, production, transportation, or transmission of, resources, including non-mineral energy resources, from a planning or leasing area designated by the Secretary of the Interior under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). 4. Oceanographic research vessels (a) In general In enforcing chapter 551 of title 46, United States Code, the Secretary may not determine that a vessel engaging in commercial research activities to directly support the exploration for, or development, production, transportation, or transmission of, resources, including non-mineral energy resources, from a planning or leasing area designated by the Secretary of the Interior under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) is not engaged in trade or commerce under such chapter. (b) Oceanographic research vessel clarification Section 50503 of title 46, United States Code is amended by inserting , except that any vessel engaging in commercial research activities to directly support the exploration for, or