dreamproit/uscode huggingface dataset:
46 U.S.C. § 55112 (SHIPPING)
§ 55112. Vessel escort operations and towing assistance
(a) In General.—
Except in the case of a vessel in distress, only a vessel of the United States may perform the following escort vessel operations within the navigable waters of the United States:
(1) Operations that commence or terminate at a port or place in the United States.
(2) Operations required by United States law or regulation.
(3) Operations provided in whole or in part within or through navigation facilities owned, maintained, or operated by the United States Government or the approaches to those facilities, other than facilities operated by the St. Lawrence Seaway Development Corporation on the St. Lawrence River portion of the Seaway.
(b) Escort Vessels.—
For purposes of this section, an escort vessel is—
(1) any vessel that is assigned and dedicated to assist another vessel, whether or not tethered to that vessel, solely as a safety precaution to assist in controlling the speed or course of the assisted vessel in the event of a steering or propulsion equipment failure, or any other similar emergency circumstance, or in restricted waters where additional assistance in maneuvering the vessel is required to ensure its safe operation; and
(2) in the case of a vessel being towed under section 55111 of this title, any vessel that is assigned and dedicated to the vessel being towed in addition to any towing vessel required under that section.
(c) Relationship to Other Law.—
This section does not affect section 55111 of this title.
(d) Penalty.—
A person violating this section is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1638.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55112
46 App.:316a.
Pub. L. 107–295, title IV, § 404, Nov. 25, 2002, 116 Stat. 2114.
In subsection (a), the words “(as that term is defined in section 2101 of title 46, United States Code)” are omitted because the definition of “vessel of the United States” is being moved from section 2101 to chapter 1 of the revised title and will apply title-wide.
46 U.S.C. § 55113 (SHIPPING)
§ 55113. Use of foreign documented oil spill response vessels
Notwithstanding any other provision of law, an oil spill response vessel documented under the laws of a foreign country may operate in waters of the United States on an emergency and temporary basis, for the purpose of recovering, transporting, and unloading in a United States port oil discharged as a result of an oil spill in or near those waters, if—
(1) an adequate number and type of oil spill response vessels documented under the laws of the United States cannot be engaged to recover oil from an oil spill in or near those waters in a timely manner, as determined by the Federal On-Scene Coordinator for a discharge or threat of a discharge of oil; and
(2) the foreign country has by its laws accorded to vessels of the United States the same privileges accorded to vessels of the foreign country under this section.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1638.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55113
46:12101 note.
Pub. L. 104–324, title XI, § 1117, Oct. 19, 1996, 110 Stat. 3973.
46 U.S.C. § 55115 (SHIPPING)
§ 55115. Supplies on fish processing vessels
Section 55102 of this title does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55115
46 App.:883 (10th proviso).
June 5, 1920, ch. 250, § 27 (10th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 504, Dec. 29, 1982, 96 Stat. 1956.
The words “Section 55102 of this title does not apply to” are substituted for “for the purposes of this section” and “shall be considered ship’s equipment and not merchandise” for consistency in the chapter.
46 U.S.C. § 55116 (SHIPPING)
§ 55116. Canadian rail lines
Section 55102 of this title does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transportation Board and rate tariffs for the routes have been filed with the Board.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55116
46 App.:883 (3d proviso).
June 5, 1920, ch. 250, § 27 (3d proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 85–508, § 27(a), July 7, 1958, 72 Stat. 351; Pub. L. 104–324, title VII, § 747(1), Oct. 19, 1996, 110 Stat. 3943.
46 U.S.C. § 55117 (SHIPPING)
§ 55117. Great Lakes rail route
Section 55102 of this title does not apply to the transportation of merchandise loaded on a railroad car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed terminals on the Great Lakes as part of a rail route, if—
(1) the car ferry is owned by a common carrier by water and operated as part of a rail route with the approval of the Surface Transportation Board;
(2) the stock of the common carrier by water, or its predecessor, was owned or controlled by a common carrier by rail prior to June 5, 1920;
(3) the stock of the common carrier owning the car ferry is, with the approval of the Board, now owned or controlled by a common carrier by rail; and
(4) the car ferry is built in and documented under the laws of the United States.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55117
46 App.:883 (5th proviso).
June 5, 1920, ch. 250, § 27, as added Apr. 11, 1935, ch. 58, 49 Stat. 154.
46 U.S.C. § 55118 (SHIPPING)
§ 55118. Foreign railroads whose road enters by ferry, tugboat, or towboat
A foreign railroad, whose road enters the United States by ferry, tugboat, or towboat, may own and operate a vessel not having a coastwise endorsement in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by that road, together with the passengers, freight, express matter, baggage, and mails transported in those cars. However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country. Except as otherwise authorized by this chapter, the ferry, tugboat, or towboat may not, under penalty of forfeiture, be used in the transportation of merchandise between ports or places in the United States to which the coastwise laws apply.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55118
46 App.:316(c).
R.S. § 4370(c); restated June 11, 1940, ch. 324, 54 Stat. 304.
The words “company or corporation” after “foreign railroad” are omitted as unnecessary. The words “vessel not having a coastwise endorsement” are substituted for “such vessel” (referring to a vessel described in 46 App. U.S.C. 316(a)) for clarity and because of the reorganization of the source material in the revised title. The words “However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country” are substituted for “without being subject to any other or different restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country” to eliminate unnecessary words. The words “Except as otherwise authorized by this chapter” are substituted for “except as authorized by section 883 of this Appendix” because of the reorganization of the source material in the revised title. The words “its Territories or possessions” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title.
46 U.S.C. § 55119 (SHIPPING)
§ 55119. Yukon River
Section 55102 of this title does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transportation by citizens of the United States to properly handle the traffic.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55119
46 App.:883 (4th proviso).
June 5, 1920, ch. 250, § 27 (4th proviso), 41 Stat. 999; Exec. Order No. 6166, June 10, 1933, § 12; July 2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 204, 64 Stat. 1276; Pub. L. 97–31, § 12(49), Aug. 6, 1981, 95 Stat. 157.
46 U.S.C. § 55120 (SHIPPING)
§ 55120. Transshipment of imported merchandise intended for immediate exportation
The Secretary of Homeland Security may prescribe regulations for the transshipment and transportation of merchandise that is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1641.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55120
46 App.:291.
Feb. 17, 1898, ch. 26, § 3, 30 Stat. 248.
46 U.S.C. § 55121 (SHIPPING)
§ 55121. Transportation of merchandise and passengers on Canadian vessels
(a) Between Rochester and Alexandria Bay.—
Until passenger service is established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Secretary of Homeland Security may issue annually permits to Canadian passenger vessels to transport passengers between those ports. Canadian vessels holding such a permit are not subject to section 55103 of this title.
(b) Within Alaska or Between Alaska and Other Points in the United States.—
Until the Secretary of Transportation determines that service by vessels of the United States is available to provide the transportation described in paragraph (1) or (2), sections 55102 and 55103 of this title do not apply to the transportation on Canadian vessels of—
(1) passengers between ports in southeastern Alaska; or
(2) passengers or merchandise between Hyder, Alaska, and other points in southeastern Alaska or in the United States outside Alaska.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1641.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55121(a)
46 App.:289a.
Apr. 26, 1938, ch. 174, 52 Stat. 223; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.
55121(b)
46 App.:289b.
Pub. L. 87–77, June 30, 1961, 75 Stat. 196; Pub. L. 97–31, § 12(22), Aug. 6, 1981, 95 Stat. 155.
In subsection (a), the Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 289a.
46 U.S.C. § 55301 (SHIPPING)
§ 55301. Priority loading for coal
A vessel engaged in the coastwise transportation of coal produced in the United States, from a port in the United States to another port in the United States, shall be given priority in loading at any of those ports ahead of a waiting vessel engaged in the export transportation of coal produced in the United States. However, if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate this priority loading at any port. The Secretary shall report to Congress within 30 days an action eliminating priority loading under this section.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55301
46 App.:1121–1.
Pub. L. 96–387, § 5, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 97–31, § 12(68), Aug. 6, 1981, 95 Stat. 159; Pub. L. 99–662, title IX, § 947, Nov. 17, 1986, 100 Stat. 4200.
46 U.S.C. § 55302 (SHIPPING)
§ 55302. Transportation of United States Government personnel
(a) In General.—
An officer or employee of the United States Government traveling by sea on official business overseas or to or from a territory or possession of the United States shall travel and transport personal effects on a vessel documented under the laws of the United Sates if such a vessel is available, unless the necessity of the mission requires the use of a foreign vessel.
(b) Regulations.—
The Administrator of General Services shall prescribe regulations under which agencies may not pay for or reimburse an officer or employee for travel or transportation expenses incurred on a foreign vessel in the absence of satisfactory proof of the necessity of using the vessel.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55302
46 App.:1241(a).
June 29, 1936, ch. 858, title IX, § 901(a), 49 Stat. 2015; Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 104–316, title I, § 125, Oct. 19, 1996, 110 Stat. 3839.
In subsection (a), the words “by sea” are added for clarity. The words “a territory or possession of the United States” are substituted for “any of the possessions of the United States” for consistency in the revised title.
heading: Exemptions
text: Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22, Foreign Relations and Intercourse.
46 U.S.C. § 55303 (SHIPPING)
§ 55303. Motor vehicles owned by United States Government personnel
Notwithstanding any other law, privately-owned American shipping services may be used to transport motor vehicles owned by personnel of the United States Government whenever transportation of those vehicles at Government expense is otherwise authorized by law.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55303
46 App.:1241(c).
June 29, 1936, ch. 858, title IX, § 901(c), as added May 28, 1956, ch. 325, 70 Stat. 187.
46 U.S.C. § 55304 (SHIPPING)
§ 55304. Exports financed by the United States Government
It is the sense of Congress that any loans made by an instrumentality of the United States Government to foster the exporting of agricultural or other products shall provide that the products may be transported only on vessels of the United States unless, as to any or all of those products, the Secretary of Transportation, after investigation, certifies to the instrumentality that vessels of the United States are not available in sufficient number, in sufficient tonnage capacity, on necessary schedules, or at reasonable rates.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55304
46 App.:1241–1.
Mar. 26, 1934, ch. 90, 48 Stat. 500; June 29, 1936, ch. 858, § 204, 49 Stat. 1987; Pub. L. 97–31, § 12(127), Aug. 6, 1981, 95 Stat. 165.
This section codifies the Joint Resolution of March 26, 1934 (ch. 90, 48 Stat. 500) (also commonly known as Public Resolution 17). The codification of this provision is not intended to change its status as a “Sense of Congress” provision in any way. The words “Reconstruction Finance Corporation or” are omitted as obsolete because the Reconstruction Finance Corporation was abolished by section 6 of Reorganization Plan No. 1 of 1957 (5 App. U.S.C.).
46 U.S.C. § 55311 (SHIPPING)
§ 55311. Findings and purposes
(a) Findings.—
Congress finds that—
(1) a productive and healthy agricultural industry and a strong and active United States maritime industry are vitally important to the economic well-being and security of the United States;
(2) both industries must compete in international markets increasingly dominated by foreign trade barriers and the subsidization practices of foreign governments; and
(3) increased agricultural exports and the use of merchant vessels of the United States contribute positively to the United States balance of trade and generate employment opportunities in the United States.
(b) Purposes.—
The purposes of this subchapter are to—
(1) enable the Secretary of Agriculture to plan export programs effectively, by clarifying the ocean transportation requirements applicable to those programs;
(2) take immediate and positive steps to promote the growth of the cargo-carrying capacity of the United States merchant marine;
(3) expand international trade in United States agricultural commodities and products and develop, maintain, and expand markets for United States agricultural exports;
(4) improve the efficiency of administration of both the commodity purchasing and selling activities and the ocean transportation activities associated with export programs sponsored by the Secretary;
(5) stimulate and promote the agricultural and maritime industries of the United States and encourage cooperative efforts by both industries to address their common problems; and
(6) provide for the appropriate disposition of these findings and purposes.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1643.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55311
46 App.:1241d.
Pub. L. 99–198, title XI, § 1141, Dec. 23, 1985, 99 Stat. 1490.
In subsection (a)(1), the word “security” is substituted for “national security objectives” to eliminate unnecessary words.
In subsection (b), the words “Secretary of Agriculture” in paragraph (1) and “Secretary” in paragraph (4) are substituted for “Department of Agriculture” because all functions of the Department are vested in the Secretary under 7 U.S.C. 2202 and 6911 and Reorganization Plan No. 2 of 1953 (5 App. U.S.C.).
46 U.S.C. § 55312 (SHIPPING)
§ 55312. Determining prevailing world market price
(a) Agricultural Commodities and Products.—
The prevailing world market price for agricultural commodities or their products shall be determined under this subchapter under procedures prescribed by the Secretary of Agriculture. The Secretary shall prescribe the procedures by regulation, with notice and opportunity for public comment under section 553 of title 5.
(b) Services and Non-Agricultural Commodities and Products.—
If a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required to determine whether a barter or exchange transaction is subject to section 55314(b)(6) or (7) of this title, the determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate agencies.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1644.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
55312
46 App.:1241f(e).
June 29, 1936, ch. 858, title IX, § 901b(e), as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1492.
46 U.S.C. § 55313 (SHIPPING)
§ 55313. Exemption of certain agricultural exports from cargo preference provisions
Sections 55304 and 55305 of this title do not apply to export activities of the Secretary of Agriculture or the Commodity Credit Corporation under which—
(1) agricultural commodities or their products acquired by the Corporation are made available to United States exporters, users, processors, or foreign purchasers for the purpose of developing, maintaining, or expanding export markets for United States agricultural commodities or their products at prevailing world market prices;
(2) payments are made available to United States exporters, users, or processors or, except as provided in section 55314 of this title, cash grants are made available to foreign purchasers, for the purpose described in paragraph (1);
(3) commercial credit guarantees are blended with direct credits from the Corporation to reduce the effective rate of interest on export sales of United States agricultural commodities or their products;
(4) credit or credit guarantees for not more than 3 years are extended by the Corporation to finance or guarantee export sales of United States agricultural commodities or their products; or
(5) agricultural commodities or their products owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services at least equal in value to the agricultural commodities or their products for which they are exchanged or bartered (determined on the basis of prevailing world market prices at the time of the exchange or barter), but this paragraph does not exempt from the cargo preference provisions referred to in section 55314(b) of this title any requirement otherwise applicable to the materials, goods, equipment, or services imported under the transaction.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1644.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55313
46 App.:1241e.
June 29, 1936, ch. 858, title IX, § 901a, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1490.
46 U.S.C. § 55315 (SHIPPING)
§ 55315. Minimum tonnage
(a) Definition.—
In this section, the term “base period” means the 5-year period running from the sixth through the second prior fiscal years.
(b) Requirement.—
For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in section 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years.
(c) Waivers.—
The President may waive the minimum quantity for a fiscal year under this section if the President determines and reports to Congress, together with reasons, that the quantity cannot be used effectively for the purposes of those programs or, based on a certification by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1646; Pub. L. 112–141, div. F, title I, § 100124(c)(1), July 6, 2012, 126 Stat. 915.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55315
46 App.:1241g.
June 29, 1936, ch. 858, title IX, § 901c, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1493.
In subsection (b), the words “For fiscal year 1986 and” are omitted as obsolete.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–141 substituted “specified in section 55314(b)” for “subject to section 55314”.