dreamproit/uscode huggingface dataset:
46 U.S.C. § 55317 (SHIPPING)
§ 55317. Termination of subchapter
This subchapter terminates 90 days after the date on which a notification is made under section 55316(f) of this title, except for shipments of agricultural commodities and their products subject to contracts made before the end of that 90-day period, unless within that 90-day period the Secretary of Transportation proclaims that funds are available to finance increased freight charges resulting from the requirements of section 55316(b) of this title. On the termination of this subchapter under this section—
(1) this subchapter does not exempt export activities from, or subject export activities to, the cargo preference laws; and
(2) the 50-percent requirement in section 55305 of this title remains in effect.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 112–141, div. F, title I, § 100124(c)(3), July 6, 2012, 126 Stat. 915.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55317
46 App.:1241j.
June 29, 1936, ch. 858, title IX, § 901f, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1494.
The words “except to the extent those activities are exempt under section 1707a(b) of title 7” are omitted because the provision referred to has been repealed.
heading: Amendments
text: 2012—Pub. L. 112–141 substituted “section 55316(b)” for “sections 55314(a) and 55316(a) and (b)” in introductory provisions.
46 U.S.C. § 55318 (SHIPPING)
§ 55318. Effect on other law
This subchapter does not affect chapter 5 of title 5.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55318
46 App.:1241p.
Pub. L. 99–198, title XI, § 1143, Dec. 23, 1985, 99 Stat. 1496.
The words “section 1707a(b)(8) of title 7” are omitted because the provision referred to has been repealed.
46 U.S.C. § 55331 (SHIPPING)
§ 55331. Definitions
In this subchapter:
(1) American great lakes vessel.—
The term “American Great Lakes vessel” means a vessel so designated under section 55332 of this title, but only during the period the designation is in effect.
(2) Great lakes.—
The term “Great Lakes” means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Lawrence River west of Saint Regis, New York, and their connecting and tributary waters.
(3) Great lakes shipping season.—
The term “Great Lakes shipping season” means the period each year during which the Saint Lawrence Seaway is open for navigation by vessels, as declared by the Saint Lawrence Seaway Development Corporation.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55331
46 App.:1241v.
Pub. L. 101–624, title XV, § 1527, Nov. 28, 1990, 104 Stat. 3668.
In paragraph (1), the words “but only during the period the designation is in effect” are added for clarity.
In paragraph (3), the words “created by the Act of May 13, 1954 (33 U.S.C. 981 et seq.)” are omitted as unnecessary.
The definition of “Secretary” in 46 App. U.S.C. 1241v(4) is omitted as unnecessary because the full title of the Secretary of Transportation is used the first time the Secretary is referred to in each section.
46 U.S.C. § 55332 (SHIPPING)
§ 55332. Designating American Great Lakes vessels
(a) Designations.—
The Secretary of Transportation shall designate a vessel as an American Great Lakes vessel if—
(1) an application for designation is submitted to the Secretary under regulations prescribed by the Secretary;
(2) the vessel is documented under the laws of the United States;
(3) the vessel, on the effective date of the designation, is—
(A) at least 1, but not more than 6, years old; or
(B) at least 1, but not more than 11, years old if the Secretary finds that suitable vessels are not available to provide the type of service for which the vessel will be used after the designation;
(4) the vessel has not previously been designated as an American Great Lakes vessel; and
(5) the owner makes an agreement as provided under subsection (b).
(b) Agreements.—
A vessel may be designated as an American Great Lakes vessel only if the person that will be the owner of the vessel at the time of the designation makes an agreement with the Secretary providing that if the Secretary determines that the vessel is necessary to the defense of the United States, the United States Government will have an exclusive right, during the 120-day period following the date of a revocation of the designation under section 55335 of this title, to purchase the vessel for a price equal to the greater of—
(1) the approximate world market value of the vessel; or
(2) the cost of the vessel to the owner less a reasonable amount for depreciation.
(c) Certain Foreign Documentation and Sale Not Prohibited.—
Notwithstanding any other law, if the Government does not exercise its right of purchase under an agreement under subsection (b), the owner of the vessel is not prohibited from—
(1) documenting the vessel under the laws of a foreign country; or
(2) selling the vessel to a person not a citizen of the United States.
(d) Regulations.—
The Secretary shall prescribe regulations establishing requirements for submitting applications under this section.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55332
46 App.:1241r.
Pub. L. 101–624, title XV, § 1522, Nov. 28, 1990, 104 Stat. 3665.
In subsection (a), the words “for purposes of sections 1241q to 1241v of this Appendix” are omitted as unnecessary.
In subsection (c), before paragraph (1), the words “construction and purchase” before “agreement” are omitted because the source provision for subsection (b) does not say anything about construction.
In subsection (d), the words “Not later than 60 days after November 28, 1990” are omitted as obsolete.
46 U.S.C. § 55333 (SHIPPING)
§ 55333. Exemption from restriction on transporting certain cargo
The 3-year documentation requirement of section 55305(a) of this title does not apply to a vessel designated as an American Great Lakes vessel during the period of its designation.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55333
46 App.:1241q.
Pub. L. 101–624, title XV, § 1521, Nov. 28, 1990, 104 Stat. 3665.
This section is substituted for the source provisions to eliminate unnecessary words.
46 U.S.C. § 55334 (SHIPPING)
§ 55334. Restrictions on operations
(a) Prohibitions.—
Except as provided in subsection (b), an American Great Lakes vessel may not be used to—
(1) engage in trade—
(A) from a port in the United States that is not located on the Great Lakes; or
(B) between ports in the United States;
(2) transport bulk cargo (as defined in section 40102 of this title) that is subject to section 55305 or 55314 of this title or section 2631 of title 10; or
(3) provide a service (except ocean freight service) as—
(A) a contract carrier; or
(B) a common carrier on a fixed advertised schedule offering frequent sailings at regular intervals in the foreign trade of the United States.
(b) Off-Season Exception.—
An American Great Lakes vessel may be used for not more than 90 days during any 12-month period to engage in trade prohibited by subsection (a)(1)(A), except during the Great Lakes shipping season.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55334
46 App.:1241s.
Pub. L. 101–624, title XV, § 1523, Nov. 28, 1990, 104 Stat. 3666.
46 U.S.C. § 55335 (SHIPPING)
§ 55335. Revocations and terminations of designations
(a) Revocations.—
After notice and an opportunity for a hearing, the Secretary of Transportation may revoke a designation of a vessel as an American Great Lakes vessel if the Secretary finds that—
(1) the vessel does not meet a requirement for the designation;
(2) the vessel has been operated in violation of this subchapter; or
(3) the owner or operator of the vessel has violated an agreement made under section 55332(b) of this title.
(b) Terminations.—
On petition and a showing of good cause by the owner of a vessel, the Secretary may terminate the designation of a vessel as an American Great Lakes vessel. The Secretary may impose conditions in a termination order to prevent significant adverse effects on other operators of vessels of the United States.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1650.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55335
46 App.:1241t(a), (c).
Pub. L. 101–624, title XV, § 1524(a), (c), Nov. 28, 1990, 104 Stat. 3667.
In subsection (a)(3), the words “construction and purchase” before “agreement” are omitted because the source provision for section 55332(b) of the revised title does not say anything about construction.
In subsection (b), the words “vessels of the United States” are substituted for “United States-flag vessel” for consistency in the revised title.
46 U.S.C. § 55336 (SHIPPING)
§ 55336. Civil penalty
After notice and an opportunity for a hearing, the Secretary of Transportation may impose a civil penalty of not more than $1,000,000 on the owner of an American Great Lakes vessel for any act for which the designation may be revoked under section 55335 of this title.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1650.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55336
46 App.:1241t(b).
Pub. L. 101–624, title XV, § 1524(b), Nov. 28, 1990, 104 Stat. 3667.
46 U.S.C. § 55501 (SHIPPING)
§ 55501. Mobile trade fairs
(a) In General.—
The Secretary of Commerce shall encourage and promote the development and use of mobile trade fairs designed to show and sell the products of United States business and agriculture at foreign ports and at other commercial centers throughout the world where the operators of the fairs use, insofar as practicable, vessels and aircraft of the United States in transporting their exhibits.
(b) Technical and Financial Assistance.—
When the Secretary determines that a mobile trade fair provides an economical and effective means of promoting export sales, the Secretary may provide to the operator of the fair—
(1) technical assistance and support; and
(2) financial assistance to defray certain expenses incurred outside the United States, except the cost of transportation on foreign vessels and aircraft.
(c) Use of Foreign Currencies.—
To carry out this section, the President may use, in addition to amounts appropriated to carry out trade promotion activities, foreign currencies owned by or owed to the United States Government.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1650.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55501
46 App.:1122b.
June 29, 1936, ch. 858, title II, § 212(B), as added Pub. L. 87–839, § 1, Oct. 18, 1962, 76 Stat. 1074; Pub. L. 89–66, July 7, 1965, 79 Stat. 211; Pub. L. 90–434, July 27, 1968, 82 Stat. 449; Pub. L. 100–418, title X, § 10003(a), Aug. 23, 1988, 102 Stat. 1572.
46 U.S.C. § 55602 (SHIPPING)
§ 55602. Cargo and shippers
(a) Memorandums of Agreement.—
The Secretary of Transportation shall enter into memorandums of understanding with the heads of other Federal entities to transport federally owned or generated cargo using a short sea transportation project designated under section 55601 when practical or available.
(b) Short-Term Incentives.—
The Secretary shall consult shippers and other participants in transportation logistics and develop proposals for short-term incentives to encourage the use of short sea transportation.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761.)
46 U.S.C. § 55603 (SHIPPING)
§ 55603. Interagency coordination
The Secretary of Transportation shall establish a board to identify and seek solutions to impediments hindering effective use of short sea transportation. The board shall include representatives of the Environmental Protection Agency and other Federal, State, and local governmental entities and private sector entities.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761.)
46 U.S.C. § 55604 (SHIPPING)
§ 55604. Research on short sea transportation
The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, may conduct research on short sea transportation, regarding—
(1) the environmental and transportation benefits to be derived from short sea transportation alternatives for other forms of transportation;
(2) technology, vessel design, and other improvements that would reduce emissions, increase fuel economy, and lower costs of short sea transportation and increase the efficiency of intermodal transfers; and
(3) solutions to impediments to short sea transportation projects designated under section 55601.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761.)
46 U.S.C. § 55605 (SHIPPING)
§ 55605. Short sea transportation defined
In this chapter, the term “short sea transportation” means the carriage by a documented vessel of cargo—
(1) that is—
(A) contained in intermodal cargo containers and loaded by crane on the vessel; or
(B) loaded on the vessel by means of wheeled technology; and
(2) that is—
(A) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or
(B) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.
(Added Pub. L. 110–140, title XI, § 1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 112–213, title IV, § 405(b), Dec. 20, 2012, 126 Stat. 1571.)
heading: Amendments
text: 2012—Pub. L. 112–213, which directed amendment of section 55605, without specifying the title to be amended, by substituting “by a documented vessel” for “by vessel” in the matter preceding par. (1), was executed to this section, to reflect the probable intent of Congress.
46 U.S.C. § 56103 (SHIPPING)
§ 56103. Conditional approvals
(a) In General.—
In approving an act or transaction under section 56101 or 56102 of this title, the Secretary of Transportation may do so absolutely or upon conditions the Secretary considers advisable. The Secretary shall state the conditions in the notice of approval.
(b) Violations.—
A violation of a condition of approval is subject to the same penalties as a violation resulting from an act done without the required approval. The violation occurs at the time the condition is violated.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56103
46 App.:839 (1st par.).
Sept. 7, 1916, ch. 451, § 41 (1st par.), as added July 15, 1918, ch. 152, § 4, 40 Stat. 902; Exec. Order No. 6166, June 10, 1933, § 12; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(32), Aug. 6, 1981, 95 Stat. 156.
This section is substituted for the source provision to eliminate unnecessary words.
46 U.S.C. § 56104 (SHIPPING)
§ 56104. Penalty for false statements
A person that knowingly makes a false statement of a material fact to the Secretary of Transportation or another officer, employee, or agent of the Department of Transportation, to obtain the Secretary’s approval under section 56101 or 56102 of this title, shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56104
46 App.:839 (last par.).
Sept. 7, 1916, ch. 451, § 41 (last par.), as added July 15, 1918, ch. 152, § 4, 40 Stat. 903; Exec. Order No. 6166, June 10, 1933, § 12; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Pub. L. 97–31, § 12(32), Aug. 6, 1981, 95 Stat. 156.
The words “guilty of a misdemeanor” are omitted, and the words “fined under title 18” are substituted for “subject to a fine of not more than $5000”, because of chapter 227 of title 18.
46 U.S.C. § 56105 (SHIPPING)
§ 56105. Forfeiture procedure
(a) In General.—
A forfeiture under this chapter may be enforced in the same way as a forfeiture under the laws on the collection of duties. However, such a forfeiture may be remitted without seizure of the vessel.
(b) Prior Convictions.—
In a proceeding under this chapter to enforce a forfeiture, a prior criminal conviction of a person for a violation of this chapter with respect to the subject matter of the forfeiture is prima facie evidence of the violation against the person convicted.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56105(a)
46 App.:836.
Sept. 7, 1916, ch. 451, § 38, as added July 15, 1918, ch. 152, § 4, 40 Stat. 902; Pub. L. 101–225, title III, § 304(b), Dec. 12, 1989, 103 Stat. 1924.
56105(b)
46 App.:837.
Sept. 7, 1916, ch. 451, § 39, as added July 15, 1918, ch. 152, § 4, 40 Stat. 902.
46 U.S.C. § 56301 (SHIPPING)
§ 56301. General authority
During a national emergency declared by Presidential proclamation, or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may requisition or purchase, or requisition or charter the use of, a vessel owned by citizens of the United States, a documented vessel, or a vessel under construction in the United States.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56301
46 App.:1242(a) (1st, 2d sentences).
June 29, 1936, ch. 858, title IX, § 902(a) (1st, 2d sentences), 49 Stat. 2015; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165; Pub. L. 100–710, title I, § 104(c), Nov. 23, 1988, 102 Stat. 4750.
The words “or other watercraft” are omitted because of the definition of “vessel” in chapter 1 of the revised title. The words “The termination of any emergency so declared shall be announced by a further proclamation by the President” are omitted as superseded by the National Emergencies Act (50 U.S.C. 1601 et seq.).
46 U.S.C. § 56302 (SHIPPING)
§ 56302. Charter terms
(a) In General.—
If a vessel is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing—
(1) the terms the Secretary believes should govern the relationship between the United States Government and the person; and
(2) the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.
(b) Refusal To Accept.—
If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56302
46 App.:1242(c) (1st sentence).
June 29, 1936, ch. 858, title IX, § 902(c) (1st sentence); as added Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1255; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165.
In subsection (a), the words “requisitioned for use but not ownership under this chapter” are substituted for “taken and used under authority of this section, but the ownership thereof is not required by the United States” to eliminate unnecessary words. The word “requisition” is substituted for “taking”, and the word “vessel” is substituted for “such property”, for consistency.
Subsection (b) is added because the provisions about disputed compensation, for both charter use and other takings, are consolidated in section 56304 of the revised title to avoid repetition.
46 U.S.C. § 56303 (SHIPPING)
§ 56303. Compensation
(a) In General.—
As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel requisitioned under this chapter.
(b) Factors Not Affecting Value.—
The value of a vessel may not be considered enhanced by the circumstances requiring its requisition. Consequential damages arising from the requisition may not be paid.
(c) Effect of Construction-Differential Subsidy.—
(1) If paid.—
If a construction-differential subsidy has been paid for the vessel, the value of the vessel at the time of requisition shall be determined under section 802 of the Merchant Marine Act, 1936.
(2) If not paid.—
If a construction-differential subsidy has not been paid for the vessel, the value of any national defense features previously paid for by the United States Government shall be excluded.
(d) Loss or Damage During Charter.—
If a vessel is lost or damaged by a risk assumed by the Government under the charter, but a valuation for the vessel or a means of compensation has not been agreed to, the Secretary shall pay just compensation for the loss or damage, to the extent the person is not reimbursed through insurance.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1655.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56303(a)
46 App.:1242(a) (3d sentence words before 2d comma), (d) (1st par. words before 2d comma).
June 29, 1936, ch. 858, title IX, § 902(a) (3d, last sentences), (b), (d) (1st par. words before 2d comma), 49 Stat. 2015, 2016; Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1255; Aug. 3, 1956, ch. 929, § 3, 70 Stat. 985; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165.
56303(b)
46 App.:1242(a) (3d sentence words after 2d comma, last sentence).
56303(c)
46 App.:1242(b).
56303(d)
46 App.:1242(c) (last sentence).
heading: References in Text
text: Section 802 of the Merchant Marine Act, 1936, referred to in subsec. (c)(1), is section 802 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.
46 U.S.C. § 56304 (SHIPPING)
§ 56304. Disputed compensation
If the person entitled to compensation disputes the amount of just compensation determined by the Secretary of Transportation under this chapter, the Secretary shall pay the person, as a tentative advance, 75 percent of the amount determined. The person may bring a civil action against the United States to recover just compensation. If the tentative advance paid under this section is greater than the amount of the court’s judgment, the person shall refund the difference.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1655.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
56304
46 App.:1242(c) (2d sentence), (d) (1st par. words after 2d comma).
June 29, 1936, ch. 858, title IX, § 902(c) (2d sentence), (d) (1st par. words after 2d comma); as added Aug. 7, 1939, ch. 555, § 3, 53 Stat. 1256; Aug. 3, 1956, ch. 929, §§ 2, 3, 70 Stat. 985; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165.
This section is substituted for the source provisions to eliminate unnecessary words.