Part D—Promotional Programs

CHAPTER 551—COASTWISE TRADE

        

Editorial Notes

Amendments

2021—Pub. L. 116–283, div. A, title X, §1024(b)(1)(B)(ii), Jan. 1, 2021, 134 Stat. 3842, added item 55123.

2014—Pub. L. 113–291, div. C, title XXXV, §3502(b), Dec. 19, 2014, 128 Stat. 3904, added item 55122.

2008—Pub. L. 110–181, div. C, title XXXV, §3527(b)(2), Jan. 28, 2008, 122 Stat. 602, inserted "valueless material or" before "dredged material" in item 55110.

§55101. Application of coastwise laws

(a) In General.—Except as provided in subsection (b), the coastwise laws apply to the United States, including the island territories and possessions of the United States.

(b) Exceptions.—The coastwise laws do not apply to—

(1) American Samoa;

(2) the Northern Mariana Islands, except as provided in section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note); or

(3) the Virgin Islands until the President declares by proclamation that the coastwise laws apply to the Virgin Islands.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–181, div. C, title XXXV, §3527(a), Jan. 28, 2008, 122 Stat. 602.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55101(a)	46 App.:877 (words before last proviso).	June 5, 1920, ch. 250, §21, 41 Stat. 997; Apr. 16, 1936, ch. 228, 49 Stat. 1207; Pub. L. 97–31, §12(47), Aug. 6, 1981, 95 Stat. 157.
55101(b)(1)	48:1664.	June 14, 1934, ch. 523, 48 Stat. 963.
55101(b)(2)	48:1801 note (Covenant §503(b)).	Pub. L. 94–241, §1, Mar. 24, 1976, 90 Stat. 263; Pub. L. 98–213, §9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–196.
55101(b)(3)	46 App.:877 note.	Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19.
55101(b)(4)	46 App.:877 (last proviso).

In subsection (a), the words "apply to the United States, including" are substituted for "extend to" for clarity. The words "From and after February 1, 1922" and "not covered thereby on June 5, 1920" are omitted as obsolete. The requirement to establish adequate steamship service to the island Territories and possessions is omitted as obsolete.

Subsection (b)(2) is based on section 503(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note).

Subsection (b)(3) is based on Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19, which provided that the President, "under and by virtue of the authority vested in me by the aforesaid section 21 of the Merchant Marine Act, 1920 [46 App. U.S.C. 877], do hereby declare and proclaim that the period for the establishment of an adequate shipping service for Canton Island is extended until further notice by proclamation of the President, and that the extension of the coastwise laws of the United States to Canton Island is deferred until it is declared by proclamation of the President that such adequate shipping service has been established".

In subsection (b)(4), the words "and fix a date for the going into effect of same" are omitted as surplus.

The provisos of 46 App. U.S.C. 877 relating to the Philippine Islands are omitted as obsolete because of the independence of the Philippine Islands. See Proc. No. 2695, July 4, 1946, 60 Stat. 1352 (22 U.S.C. 1394 note).

Editorial Notes

References in Text

Section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in subsec. (b)(2), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of Title 48, Territories and Insular Possessions.

Amendments

2008—Subsec. (b). Pub. L. 110–181 inserted "or" after semicolon at end of par. (2), redesignated par. (4) as (3), and struck out former par. (3) which read as follows: "Canton Island until the President declares by proclamation that the coastwise laws apply to Canton Island; or".

§55102. Transportation of merchandise

(a) Definition.—In this section, the term "merchandise" includes—

(1) merchandise owned by the United States Government, a State, or a subdivision of a State; and

(2) valueless material.

(b) Requirements.—Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel—

(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and

(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(c) Penalty.—Merchandise transported in violation of subsection (b) is liable to seizure by and forfeiture to the Government. Alternatively, an amount equal to the value of the merchandise (as determined by the Secretary of Homeland Security) or the actual cost of the transportation, whichever is greater, may be recovered from any person transporting the merchandise or causing the merchandise to be transported.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1632.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55102	46 App.:883 (words before 1st proviso, 11th proviso).	June 5, 1920, ch. 250, §27 (words before 1st proviso, 11th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 95–410, title II, §213, Oct. 3, 1978, 92 Stat. 904; Pub. L. 101–329 [100–329], §1(a)(1), [§1(a)] June 7, 1988, 102 Stat. 588; Pub. L. 102–587, title V, §5501(b), Nov. 4, 1992, 106 Stat. 5085.

In subsection (a)(1), the words "(as defined in section 2101 of the [sic] title 46)" are omitted because the definition of "State" is being moved to chapter 1 and will apply to the entire title.

In subsection (b), the words "may not provide any part of the transportation of" are substituted for "No . . . shall be transported" and "or for any part of the transportation" because of the reorganization of the language. The words "including Districts, Territories, and possessions thereof" are omitted because of the definition of "United States" in chapter 1 of the revised title. The words "to which the coastwise laws apply" are substituted for "embraced within the coastwise laws" for consistency with section 55101. The words "is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade" are substituted for "owned by persons who are citizens of the United States", and the words "has been issued a certificate of documentation with a coastwise endorsement under chapter 121" are substituted for "documented under the laws of the United States", for clarity and consistency in the revised title. The words "or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement" are added for consistency with section 12102 as revised by the bill. The requirement that the vessel be built in the United States is omitted from this section for consistency with the requirements for a coastwise endorsement, which also require that the vessel be built in the United States except in certain circumstances. The words "or vessels to which the privilege of engaging in the coastwise trade is extended by section 808 of this Appendix or section 22 of this Act" are omitted because the relevant portion of section 808, and section 22, have been repealed.

In subsection (c), the words "any person" are substituted for "any consignor, seller, owner, importer, consignee, agent, or other person or persons" to eliminate unnecessary words.

§55103. Transportation of passengers

(a) In General.—Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel—

(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and

(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(b) Penalty.—The penalty for violating subsection (a) is $300 for each passenger transported and landed.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1633.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55103	46 App.:289.	June 19, 1886, ch. 421, §8, 24 Stat. 81; Feb. 17, 1898, ch. 26, §2, 30 Stat. 248.

This section is substituted for the source provision for consistency with section 55102. See 19 C.F.R. §§4.80, 4.80a (2004).

In subsection (b), the penalty amount reflects the adjustment for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. §4.80(b)(2) (2004).

§55104. Transportation of passengers between Puerto Rico and other ports in the United States

(a) Definitions.—In this section:

(1) Certificate.—The term "certificate" means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title.

(2) Passenger vessel.—The term "passenger vessel" means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b).

(b) Exemption.—Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States.

(c) Expiration of Exemption.—

(1) When coastwise-qualified vessel offering service.—On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) expires at the end of that 270-day period.

(2) When non-coastwise-qualified vessel offering service.—On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) expires at the end of that 270-day period.

(d) Delaying Expiration.—If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service.

(e) Reinstatement of Exemption.—If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers is reinstated.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1633.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55104(a)(1)	46 App.:289c(b) (related to meaning of certificate).	Pub. L. 98–563, Oct. 30, 1984, 98 Stat. 2916.
55104(a)(2)	46 App.:289c(e).
55104(b)	46 App.:289c(a).
55104(c)	46 App.:289c(b).
55104(d)	46 App.:289c(c).
55104(e)	46 App.:289c(d).

In subsection (a), the definition of "certificate" is added based on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid repeating the substance of the definition twice in the section.

In subsection (b), the words "Notwithstanding any other provision of law" and "directly or by way of a foreign port" are omitted as unnecessary.

§55105. Transportation of hazardous waste

(a) In General.—The transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under section 55102 of this title.

(b) Nonapplication to Certain Foreign Vessels.—

(1) In general.—Subsection (a) does not apply to transportation performed by a foreign ocean incineration vessel owned by or under construction on May 1, 1982, for a corporation wholly owned by citizens of the United States under section 50501(a)–(c) of this title.

(2) Standards for incineration equipment.—Incineration equipment on a vessel described in paragraph (1) must meet standards of the Coast Guard and the Environmental Protection Agency.

(3) Inspection.—A vessel described in paragraph (1) shall be inspected by the Coast Guard, regardless of whether inspected by the nation in which it is registered. The inspection shall be the same as would be required of a vessel of the United States, including drydock inspection and internal examination of tanks and void spaces. The inspection may be made concurrently with an inspection by that nation or within one year after the initial issuance or next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making the inspection, the Coast Guard shall refer to the condition of the hull and superstructure established by the initial foreign certification as the basis for evaluating the current condition of the hull and superstructure. The Coast Guard shall allow the substitution of fittings, material, apparatus, equipment, and appliances different from those required for vessels of the United States if satisfied they are equivalent and at least as effective as those required for vessels of the United States. A satisfactory inspection under this paragraph shall be certified in writing by the Secretary of Homeland Security.

(c) Effective Date.—Subsection (a) is not effective until an appropriate vessel has been built and documented under chapter 121 of this title.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1634; Pub. L. 109–241, title IX, §902(o), July 11, 2006, 120 Stat. 569; Pub. L. 110–181, div. C, title XXXV, §3525(a)(4), (b), Jan. 28, 2008, 122 Stat. 601.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55105	46 App.:883 (2d–6th sentences, last sentence less provisos).	June 5, 1920, ch. 250, §27 (2d–6th sentences, last sentence less provisos), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, §502, Dec. 29, 1982, 96 Stat. 1954.

In subsection (a), the words "after December 31, 1983" are omitted as obsolete. The words "transportation of merchandise under section 55102 of this title" are substituted for "For the purposes of this section" and "transportation by water of merchandise between points in the United States" for consistency with section 55102.

In subsection (b)(2), the words "all current" are omitted as surplus.

Subsection (c) is substituted for "or after such time as an appropriate vessel has been constructed and documented as a vessel of the United States" to improve the organization.

Editorial Notes

References in Text

Section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), referred to in subsec. (a), probably means section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), as added by section 2 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94–580.

Amendments

2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §902(o). See 2006 Amendment note below.

Subsec. (b)(3). Pub. L. 110–181, §3525(a)(4), incorporated the substance of the amendment by Pub. L. 109–241, §902(o), into this section by substituting "Secretary of Homeland Security" for "Secretary of the department in which the Coast Guard is operating". See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–241, §902(o), which directed the amendment of section 883 of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for subsec. (b)(3) and Historical and Revision notes above.

§55106. Merchandise transferred between barges

(a) In General.—On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of section 55102 of this title to the transportation of merchandise that is transferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply.

(b) Reciprocity Requirement for Foreign Vessels.—This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1635.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55106	46 App.:883 (7th proviso).	June 5, 1920, ch. 250, §27 (7th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 92–163, §1, Nov. 23, 1971, 85 Stat. 486.

In subsection (a), the words "non-self-propelled" are omitted as unnecessary because of the definition of "barge" in chapter 1 of the revised title. The words "between points in the United States" and "without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade" are omitted as surplus.

§55107. Empty cargo containers and barges

(a) In General.—Subject to subsections (b) and (c), and on terms and conditions the Secretary of Homeland Security may prescribe by regulation, section 55102 of this title does not apply to the transportation of—

(1) empty cargo vans, empty lift vans, or empty shipping tanks;

(2) equipment for use with cargo vans, lift vans, or shipping tanks;

(3) empty barges specifically designed for carriage aboard a vessel and equipment (except propulsion equipment) for use with those barges;

(4) empty instruments for international traffic exempted from the customs laws under section 322(a) of the Tariff Act of 1930 (19 U.S.C. 1322(a)); or

(5) stevedoring equipment and material.

(b) Conditions.—

(1) Paragraphs (1)–(4).—Paragraphs (1)–(4) of subsection (a) apply only if the items named are owned or leased by the owner or operator of the vessel and transported for its use in handling its cargo in foreign trade.

(2) Paragraph (5).—Paragraph (5) of subsection (a) applies only if the items named are—

(A) owned or leased by the owner or operator of the vessel or by the stevedoring company having the contract for the loading or unloading of the vessel; and

(B) transported without charge for use in the handling of cargo in foreign trade.

(c) Reciprocity Requirement for Foreign Vessels.—This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1635.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55107	46 App.:883 (6th proviso).	June 5, 1920, ch. 250, §27 (6th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 89–194, Sept. 21, 1965, 79 Stat. 823; Pub. L. 90–474, Aug. 11, 1968, 80 Stat. 700; Pub. L. 92–163, §1, Nov. 23, 1971, 85 Stat. 486.

In subsection (a), before paragraph (1), the words "by vessels of the United States not qualified to engage in the coastwise trade, or by vessels of foreign registry" are omitted as unnecessary. In paragraph (4), the words "by the Secretary of the Treasury" are omitted as unnecessary because the section referred to provides who administers it.

§55108. Platform jackets

(a) Definitions.—In this section:

(1) Coastwise qualified vessel.—The term "coastwise qualified vessel" means a vessel that has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title.

(2) Platform jacket.—The term "platform jacket" refers to a single physical component and includes any type of offshore exploration, development, or production structure or component thereof, including—

(A) platform jackets;

(B) tension leg or SPAR platform superstructures (including the deck, drilling rig and support utilities, and supporting structure);

(C) hull (including vertical legs and connecting pontoons or vertical cylinder);

(D) tower and base sections of a platform jacket;

(E) jacket structures; and

(F) deck modules (known as "topsides").

(b) Authorized Transportation.—Section 55102 of this title does not apply to the transportation of a platform jacket in or on a non-coastwise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if—

(1) the launch barge was built before December 31, 2000, and has a launch capacity of at least 12,000 long tons; and

(2) the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suitable coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jacket.

(c) Procedures To Maximize Use of Coastwise Qualified Vessels.—The Secretary of Transportation shall adopt procedures implementing this section that are reasonably designed to provide timely information so as to maximize the use of coastwise qualified vessels. The procedures shall, among other things, establish that for purposes of this section, a coastwise qualified vessel shall be deemed to be not available only if—

(1) on application by an owner or operator for the use of a non-coastwise qualified launch barge for transportation of a platform jacket under this section (which application shall include all relevant information, including engineering details and timing requirements), the Secretary promptly publishes a notice in the Federal Register—

(A) describing the project and the platform jacket involved;

(B) advising that all relevant information reasonably needed to assess the transportation requirements for the platform jacket will be made available to interested parties on request; and

(C) requesting that information on the availability of coastwise qualified vessels be submitted within 30 days after publication of that notice; and

(2)(A) no information is submitted to the Secretary within that 30 day period; or

(B) the owner or operator of a coastwise qualified vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified vessel available for the transportation, but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified vessel is not suitable or reasonably available for the transportation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1636.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55108	46 App.:883 (last proviso).	June 5, 1920, ch. 250, §27 (last proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 101–329 [100–329], §1(a)(2), June 7, 1988, 102 Stat. 588; Pub. L. 107–295, title II, §213(c), Nov. 25, 2002, 116 Stat. 2100; Pub. L. 108–293, title IV, §417, Aug. 9, 2004, 118 Stat. 1048.

In subsection (a), the words "coastwise endorsement under chapter 121" are substituted for "coastwise endorsement under section 12106" because section 12106 is being restated in various sections in revised chapter 121.

In subsection (b), the words "Section 55102 of this title does not apply" are substituted for "shall not be deemed transportation subject to this section" for consistency in the chapter.

§55109. Dredging

(a) In General.—Except as provided in subsection (b), a vessel may engage in dredging in the navigable waters of the United States only if—

(1) the vessel is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade;

(2) the charterer, if any, is a citizen of the United States for purposes of engaging in the coastwise trade; and

(3) the vessel has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(b) Dredging of Gold in Alaska.—A documented vessel with a registry endorsement may engage in the dredging of gold in Alaska.

(c) Penalty.—If a vessel is operated in knowing violation of this section, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1637.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55109	46 App.:292.	May 28, 1906, ch. 2566, §1, 34 Stat. 204; Pub. L. 102–87, title V, §5501(a)(1), Nov. 4, 1992, 106 Stat. 5084.

Subsection (a)(1) is substituted for "(1) the vessel meets the requirements of section 883 of this Appendix and sections 802 and 803 of this Appendix for engaging in the coastwise trade" for consistency with other sections of the revised title and to eliminate unnecessary words. Section 883 requires (among other things) that the vessel be owned by citizens of the United States, and section 802 contains the requirements for certain entities to qualify as citizens. Those requirements are restated in section 50501 which applies to this section. Section 883 also requires that the vessel be built in and documented under the laws of the United States. Those latter two requirements are covered by subsection (a)(3). Note that the build requirement is a requirement for a coastwise endorsement.

In subsection (a)(3), the words "or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement" are added for consistency with section 12102 as revised by the bill.

[H.R. Rep. No. 109–170, at 180 (2005) provided: Section 17(i) of the bill [H.R. 1442, enacted as Pub. L. 109–304] amends section 5501(a) of the Oceans Act of 1992 (Public Law 102–587, 106 Stat. 5084) [see note above] by adding a new paragraph (3). The intent of this amendment is to maintain the status quo under paragraph (2) of section 5501(a) of that Act, as it exists prior to the enactment of this codification legislation. Section 55109 of title 46, United States Code, as contained in this bill, is intended as a codification without substantive change of section 1 of the Act of May 28, 1906, as amended (46 App. U.S.C. 292). Therefore, the exceptions from that latter provision, which currently exist under such paragraph (2), are intended to continue to exist to the same extent under new section 55109 of title 46. In addition, if the original intent of such paragraph (2) was that the restriction contained in the pre-1992 amended version of that 1906 provision continues to apply to the vessels, persons, and entities described in such paragraph (2), then that outcome is intended to remain unchanged by this legislation, despite the repeal by this legislation of that 1906 provision. No expression as to the original intent of such paragraph (2) is intended by this legislation.]

Statutory Notes and Related Subsidiaries

Nonapplicability to Certain Vessels

Pub. L. 109–304, §19, Oct. 6, 2006, 120 Stat. 1711, repealed section 1 of act May 28, 1906, ch. 2566, 34 Stat. 204 (section 292 of the former Appendix to this title, from which this section was derived), except as may be applicable under section 5501(a)(2) of Pub. L. 102–587, set out below.

Pub. L. 102–587, title V, §5501(a)(2), (3), Nov. 4, 1992, 106 Stat. 5084, as amended by Pub. L. 109–304, §17(i), Oct. 6, 2006, 120 Stat. 1709, provided that:

"(2) The amendment made by paragraph (1) [amending section 292 of the former Appendix to this title, from which this section was derived] does not apply to—

"(A)(i) the vessel STUYVESANT, official number 648540;

"(ii) any other hopper dredging vessel documented under chapter 121 of title 46, United States Code before the effective date of this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest; however, this exception expires on December 3, 2022 or when the vessel STUYVESANT ceases to be documented under chapter 121, whichever first occurs; and

"(iii) any other non-hopper dredging vessel documented under chapter 121 and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest, as is necessary (a) to fulfill dredging obligations under a specific contract, including any extension periods; or (b) as temporary replacement capacity for a vessel which has become disabled but only for so long as the disability shall last and until the vessel is in a position to fully resume dredging operations; however, this exception expires on December 8, 2022 or when the vessel STUYVESANT ceases to be documented under chapter 121, whichever first occurs;

"(B) the vessel COLUMBUS, official number 590658, except that the vessel's certificate of documentation shall be endorsed to prohibit the vessel from engaging in the transportation of merchandise (except valueless material), including dredge material of value, between places within the navigable waters of the United States;

"(C) a vessel that is engaged in dredged material excavation if that excavation is not more than a minority of the total cost of the construction contract in which the excavation is a single, integral part, and the vessel is—

"(i) built in the United States;

"(ii) a non-self-propelled mechanical clamshell dredging vessel; and

"(iii) owned or chartered by a corporation that had on file with the Secretary of Transportation, on August 1, 1989, the certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118]; or

"(D) any other documented vessel engaged in dredging and time chartered to an entity that, on August 1, 1989, was, and has continuously remained, the parent of a corporation that had on file with the Secretary of Transportation on August 1, 1989, a certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118] if the vessel is—

"(i) not engaged in a federally funded navigation dredging project; and

"(ii) engaged only in dredging associated with, and integral to, accomplishment of that parent's regular business requirements.

"(3) The exceptions provided by paragraph (2) shall apply under section 55109 of title 46, United States Code, to the same extent as under former section 1 of the Act of May 28, 1906 [section 292 of the former Appendix to this title, from which this section was derived], as amended by paragraph (1)."

§55110. Transportation of valueless material or dredged material

Section 55102 of this title applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1637; Pub. L. 110–181, div. C, title XXXV, §3527(b)(1), Jan. 28, 2008, 122 Stat. 602.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55110	46 App.:883 (12th proviso).	June 5, 1920, ch. 250, §27 (12th proviso), 41 Stat. 999; Pub. L. 100–329, §1(a), June 7, 1988, 102 Stat. 588.

The words "or place" are omitted as surplus. The words "as defined in the Presidential Proclamation of March 10, 1983" are omitted because "exclusive economic zone" is defined in chapter 1 of the revised title.

Editorial Notes

Amendments

2008—Pub. L. 110–181 inserted "valueless material or" before "dredged material" in section catchline.

Statutory Notes and Related Subsidiaries

Nonapplicability of Pub. L. 100–329 to Certain Vessels

Pub. L. 102–587, title V, §5501(c), Nov. 4, 1992, 106 Stat. 5085, provided that: "The Act of June 7, 1988 (Public Law 100–329; 102 Stat. 588) [amending sections 316 and 883 (from which this section was derived) of the former Appendix to this title and enacting provisions set out below], including the amendments made by that Act, does not apply to a vessel—

"(1) engaged in the transportation of valueless material or valueless dredged material; and

"(2) owned or chartered by a corporation that had on file with the Secretary of Transportation on August 1, 1989, the certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118]."

Transportation of Municipal Sewage Sludge

Pub. L. 100–329, §3, June 7, 1988, 102 Stat. 589, provided that: "Notwithstanding the provisions of section 1 of this Act [amending section 883 of the former Appendix to this title, from which this section was derived], a vessel may transport municipal sewage sludge if that vessel, regardless of where it was built, is documented under the laws of the United States and, on the date of enactment of this Act [June 7, 1988], that vessel—

"(1) is in use by a municipality for the transportation of sewage sludge; or

"(2) is under contract with a municipality for the transportation of sewage sludge."

Vessel Under Contract With Municipality for Transportation of Sewage Sludge: Applicability of Provisions

Pub. L. 100–329, §4, June 7, 1988, 102 Stat. 589, provided that: "For purposes of the first paragraph of section 805(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1223(a)) [now 46 U.S.C. 58101], a vessel described in section 3(2) of this Act [set out as a note above] is not a vessel engaged in domestic intercoastal or coastwise service, but the prohibitions in the second paragraph apply to that vessel."

Certificate of Documentation to Vessel Transporting Valueless Material in Coastwise Trade, or Dredged Material, Whether or Not of Value; Issuance, Endorsement, Etc.

Pub. L. 100–329, §5, June 7, 1988, 102 Stat. 589, provided that: "Notwithstanding the provisions of section 1 of this Act [amending section 883 of the former Appendix to this title, from which this section was derived], the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation under section 12106 [see section 12112] of title 46, United States Code, to a vessel that—

"(1) is engaged in transporting only valueless material in the coastwise trade or transporting dredged material, whether or not of value, (A) from a point or place on the high seas within the Exclusive Economic Zone as defined in the Presidential Proclamation of March 10, 1983 [16 U.S.C. 1453 note], to a point or place in the United States or to another point or place on the high seas within such Exclusive Economic Zone or (B) from a point or place within the United States to a point or place on the high seas within such Exclusive Economic Zone;

"(2) had a certificate of documentation issued under section 12105 [see section 12111] of that title on October 1, 1987;

"(3) had been sold foreign or placed under a foreign registry before that certificate was issued; and

"(4) was built in the United States;

except that such certificate of documentation shall be endorsed to restrict the use of such vessel to the transportation of valueless material in the coastwise trade, and to the transportation of dredged material, whether or not of value, (i) from a point or place on the high seas within such Exclusive Economic Zone to a point or place in the United States or to another point or place on the high seas within such Exclusive Economic Zone, or (ii) from a point or place within the United States to a point or place on the high seas within such Exclusive Economic Zone."

§55111. Towing

(a) In General.—Except when towing a vessel in distress, a vessel may not do any part of any towing described in subsection (b) unless the towing vessel—

(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and

(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(b) Applicable Towing.—Subsection (a) applies to the towing of—

(1) a vessel between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port or place;

(2) a vessel from point to point within the harbors of ports or places to which the coastwise laws apply; or

(3) a vessel transporting valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.

(c) Penalties.—

(1) Owner and master.—The owner and master of a vessel towing another vessel in violation of this section are each liable for a penalty of at least $350 but not more than $1,100. A penalty under this paragraph constitutes a lien on the vessel. The lien is enforceable in a district court of the United States for any district in which the vessel is found. Clearance may not be granted to the vessel until the penalties have been paid.

(2) Vessel.—In addition to the penalties under paragraph (1), the towing vessel is liable for a penalty of $60 per ton based on the tonnage of each towed vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1637.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55111	46 App.:316(a), (b).	R.S. §4370; June 11, 1940, ch. 324, 54 Stat. 304; Pub. L. 99–307, §10, May 19, 1986, 100 Stat. 447; Pub. L. 100–329, §2, June 7, 1988, 102 Stat. 589; Pub. L. 104–324, title XI, §1115(b)(3), Oct. 19, 1996, 110 Stat. 3972.

In subsection (a), the words "or to do any part of such towing" and "other than a vessel in distress" in the source provision are made applicable to all the towing described in subsection (b) for clarity and consistency. In paragraph (1), the words "wholly owned by citizens of the United States for purposes of engaging in the coastwise trade" are substituted for "wholly owned by a person who is a citizen of the United States within the meaning of the laws respecting the documentation of vessels" for consistency in this chapter.

Subsection (a)(2) is substituted for "having in force a certificate of documentation issued under section 12106 of title 46" for consistency in this chapter and with section 12102(b) as revised by the bill.

In subsection (b)(1), the words "in the United States to which the coastwise laws apply" are substituted for "in the United States, its Territories or possessions, embraced within the coastwise laws of the United States" because of the definition of "United States" in chapter 1 of the revised title and because of section 55101 of the revised title.

In subsection (b)(3), the words "or place" are omitted as surplus. The words "as defined in the Presidential Proclamation of March 10, 1983" are omitted because "exclusive economic zone" is defined in chapter 1 of the revised title.

In subsection (c), the penalty amounts reflect the adjustment for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. §4.92 (2004). In paragraph (2), the words "which sum may be recovered by way of libel or suit" are omitted as surplus.

The text of 46 App. U.S.C. 316(b) is omitted as unnecessary because of the definition of "person" in section 1 of title 1.

Statutory Notes and Related Subsidiaries

Nonapplicability of Pub. L. 100–329 to Certain Vessel

Amendment by Pub. L. 100–329 to section 316 of the former Appendix to this title, from which this section was derived, not applicable to a vessel engaged in the transportation of valueless material or valueless dredged material and owned or chartered by a corporation that had on file with Secretary of Transportation on Aug. 1, 1989, the certificate specified in section 883–1 of the former Appendix to this title (now section 12118 of this title), see section 5501(c) of Pub. L. 102–587, set out as a note under section 55110 of this title.

§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 Great Lakes 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; Pub. L. 116–260, div. AA, title V, §512(c)(6)(D), Dec. 27, 2020, 134 Stat. 2757.)

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.

Editorial Notes

Amendments

2020—Subsec. (a)(3). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "St. Lawrence Seaway Development Corporation".

§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.)

Historical and Revision Notes

Revised 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.

§55114. Unloading fish from foreign vessels

(a) Prohibitions.—Except as otherwise provided by this section or a treaty or convention to which the United States is a party, a foreign vessel may not unload, in a port of the United States—

(1) its catch of fish taken on board on the high seas or fish products processed from that catch of fish; or

(2) fish or fish products taken on board that vessel on the high seas from a vessel engaged in fishing operations or the processing of fish or fish products.

(b) Regulations on Obtaining Information.—The Secretary of Commerce may prescribe regulations the Secretary considers necessary to obtain information on the transportation of fish products by vessels of the United States for foreign fish processing vessels to points in the United States.

(c) Virgin Islands.—

(1) In general.—A foreign vessel of not more than 50 feet overall in length may unload its catch of fresh fish (whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed, or further advanced) in a port of the Virgin Islands for immediate consumption in those islands. Fish unloaded under this paragraph may be sold or transferred only for immediate consumption. In the absence of satisfactory evidence that a sale or transfer to an agent, representative, or employee of a freezer or cannery is for immediate consumption, the sale or transfer is deemed not to be for immediate consumption. This paragraph does not prohibit the freezing, smoking, or other processing of fresh fish by the ultimate consumer of the fish.

(2) Seizure, forfeiture, and penalty.—Fish unloaded in the Virgin Islands that are retained, sold, or transferred, except as allowed by paragraph (1), are liable to seizure by and forfeiture to the United States Government. A person retaining, selling, transferring, buying, or receiving the fish is liable to the Government for a civil penalty of not more than $1,000 for each violation. A penalty or forfeiture under this paragraph may be compromised, modified, or remitted under section 2107(b) of this title.

(d) Northern Mariana Islands.—Subsection (a) does not apply to the Northern Mariana Islands.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1639.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55114(a)	46 App.:251(a) (1st sentence).	R.S. §4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Pub. L. 87–220, §1, Sept. 13, 1961, 75 Stat. 493; Pub. L. 96–61, §2, Aug. 15, 1979, 93 Stat. 407; Pub. L. 96–594, title I, §126(b), Dec. 24, 1980, 94 Stat. 3459; Pub. L. 100–239, §8(a), Jan. 11, 1988, 101 Stat. 1783.
55114(b)	46 App.:251(a) (last sentence).
55114(c)(1)	46 App.:251(b).
55114(c)(2)	46 App.:251(c).
	46 App.:251a.	Pub. L. 87–220, §2, Sept. 13, 1961, 75 Stat. 493.
55114(d)	48:1801 note (Covenant §503(b)).

In subsection (a), before paragraph (1), the words "whether documented as a cargo vessel or otherwise" are omitted as unnecessary.

In subsection (c)(2), the words "severally" and "in addition to any other penalty provided in law" are omitted as unnecessary. The last sentence is substituted for 46 App. U.S.C. 251a.

Subsection (d) is based on section 503(b) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note).

§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.)

Historical and Revision Notes

Revised 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.

§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.)

Historical and Revision Notes

Revised 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.

§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.)

Historical and Revision Notes

Revised 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.

§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.)

Historical and Revision Notes

Revised 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.

§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.)

Historical and Revision Notes

Revised 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.

§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.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55120	46 App.:291.	Feb. 17, 1898, ch. 26, §3, 30 Stat. 248.

§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.)

Historical and Revision Notes

Revised 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.

§55122. Floating dry docks

(a) In General.—Section 55102 of this title does not apply to the movement of a floating dry dock if—

(1) the floating dry dock—

(A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;

(B) is owned and operated by—

(i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or

(ii) an affiliate of such a shipyard; and

(C)(i) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015; or

(ii) had a letter of intent for purchase by such shipyard or affiliate signed prior to such date of enactment; and

(2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii.

(b) Dry Docks for Construction of Certain Naval Vessels.—

(1) In general.—In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and "December 19, 2017" shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—

(A) such dry dock is necessary for the timely completion of such construction; and

(B) such dry dock—

(i) is owned and operated by—

(I) a shipyard located in the United States that is an eligible owner specified under section 12103(b); or

(II) an affiliate of such a shipyard; or

(ii) is—

(I) owned by the State in which the shipyard is located or a political subdivision of that State; and

(II) operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).

(2) Notice to congress.—Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.

(c) Definition.—In this section, the term "floating dry dock" means equipment with wing walls and a fully submersible deck.

(Added Pub. L. 113–291, div. C, title XXXV, §3502(a), Dec. 19, 2014, 128 Stat. 3904; amended Pub. L. 114–328, div. C, title XXXV, §3508, Dec. 23, 2016, 130 Stat. 2780; Pub. L. 117–263, div. K, title CXV, §11525, Dec. 23, 2022, 136 Stat. 4145.)

Editorial Notes

References in Text

The date of the enactment of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.

Amendments

2022—Subsec. (a)(1)(C). Pub. L. 117–263, §11525(1), designated existing provisions as cl. (i), substituted "2015; or" for "2015; and", and added cl. (ii).

Subsec. (a)(2). Pub. L. 117–263, §11525(2), inserted "or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii" before period at end.

2016—Subsecs. (b), (c). Pub. L. 114–328 added subsec. (b) and redesignated former subsec. (b) as (c).

§55123. 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, §55301; renumbered §55123, Pub. L. 116–283, div. A, title X, §1024(b)(1)(A), Jan. 1, 2021, 134 Stat. 3842.)

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.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 55301 of this title as this section.

CHAPTER 553—PASSENGER AND CARGO PREFERENCES

SUBCHAPTER I—GENERAL ¹

        

SUBCHAPTER II—EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

        

SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS

        

Editorial Notes

Amendments

2023—Pub. L. 118–31, div. C, title XXXV, §3521(a)(2), Dec. 22, 2023, 137 Stat. 819, added item 55301.

2021—Pub. L. 116–283, div. A, title X, §1024(b)(1)(B)(i), Jan. 1, 2021, 134 Stat. 3842, which directed amendment of the analysis for subchapter I of this chapter by striking out item 55301, was executed by striking item 55301 "Priority loading for coal" from this analysis to reflect the probable intent of Congress.

2013—Pub. L. 113–67, div. A, title VI, §602(b), Dec. 26, 2013, 127 Stat. 1188, struck out items 55316 "Financing the transportation of agricultural commodities" and 55317 "Termination of subchapter".

¹ So in original. Does not conform to subchapter heading.

SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION

Editorial Notes

Amendments

2021—Pub. L. 116–283, div. A, title X, §1024(b)(2), Jan. 1, 2021, 134 Stat. 3842, substituted "GOVERNMENT IMPELLED TRANSPORTATION" for "GENERAL" in heading.

§55301. Report on administration of programs by other Federal departments and agencies

(a) In General.—The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by—

(1) the Department of Defense of section 2631 of title 10; and

(2) other Federal departments and agencies of programs the Administrator determines are subject to section 55305 of this title.

(b) Contents.—Each annual report required under subsection (a) shall include, for each Federal department or agency that administers a program covered by the report—

(1) the gross tonnage of cargo (equipment, materials, or agricultural products), expressed by type of cargo, transported on United States flag vessels as compared to on foreign vessels; and

(2) the total number of United States flag vessels and total number of foreign vessels contracted by each department or agency.

(c) Agency Reporting Requirements.—Not later than January 31 of each year, the head of each Federal department or agency that administers a program covered by a report required under subsection (a) shall submit to the Administrator of the Maritime Administration the information described in subsection (b) for that department or agency.

(Added Pub. L. 118–31, div. C, title XXXV, §3521(a)(1), Dec. 22, 2023, 137 Stat. 819.)

Editorial Notes

Prior Provisions

A prior section 55301 was renumbered section 55123 of this title.

§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.)

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.

Executive Documents

Exemptions

Functions authorized by Foreign Assistance Act of 1961 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.

§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.)

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.

§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.)

Historical and Revision Notes

Revised 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.).

§55305. Cargoes procured, furnished, or financed by the United States Government

(a) Minimum Tonnage.—When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.

(b) Eligible Vessels.—To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States—

(1) for not less than three years; or

(2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that—

(A) the vessel shall remain documented under the laws of the United States for not less than three years; and

(B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall ensure the vessel remains so enrolled until the vessel ceases to be documented under the laws of the United States.

(c) Violation of Agreement.—A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agreement—

(1) the vessel owner places the vessel under foreign registry; or

(2) a person operates the vessel under the authority of a foreign country.

(d) Waivers.—(1) Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized.

(2)(A) Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days.

(B) Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1).

(C) The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed three months in a fiscal year.

(3) The Maritime Administrator shall—

(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States;

(B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and

(C) publish each determination referred to in paragraph (1)—

(i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and

(ii) in the Federal Register.

(4) The Maritime Administrator shall notify—

(A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of—

(i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) ¹ of this title by not later than 72 hours after receiving such a request; and

(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance; and

(B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of—

(i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) ¹ of this title by not later than 72 hours after receiving such a request; and

(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance.

(e) Programs of Other Agencies.—

(1) Each department or agency that has responsibility for a program under this section shall administer that program with respect to this section under regulations and guidance issued by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining if a program is subject to the requirements of this section.

(2) The Secretary—

(A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as subject to the requirements of this section and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs;

(B) may direct agencies to require the transportation on United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of this section;

(C) may impose on any person that violates this section, or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and

(D) may take other measures as appropriate under the Federal Acquisition Regulations issued pursuant to section 25(c)(1) ¹ of the Office of Federal Procurement Policy Act (41 U.S.C. 1303(a)(1)) or contract with respect to each violation.

(f) Security of Government-Impelled Cargo.—

(1) In order to ensure the safety of vessels and crewmembers transporting equipment, materials, or commodities under this section, the Secretary of Transportation shall direct each department or agency (except the Department of Defense), when responsible for the carriage of such equipment, materials, or commodities, to reimburse, subject to the availability of appropriations, the owners or operators of vessels of the United States carrying such equipment, materials, or commodities for the cost of providing armed personnel aboard such vessels if the vessels are transiting high-risk waters.

(2) In this subsection, the term "high-risk waters" means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation—

(A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or

(B) in such period, issued an advisory warning that an act of piracy is possible in such waters.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1642; Pub. L. 110–417, div. C, title XXXV, §3511(a), (b), Oct. 14, 2008, 122 Stat. 4769; Pub. L. 112–213, title V, §503, Dec. 20, 2012, 126 Stat. 1575; Pub. L. 113–281, title III, §306, Dec. 18, 2014, 128 Stat. 3044; Pub. L. 115–232, div. C, title XXXV, §3546(s), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–263, div. C, title XXXV, §3502(b), Dec. 23, 2022, 136 Stat. 3065; Pub. L. 118–31, div. C, title XXXV, §3531(a), Dec. 22, 2023, 137 Stat. 825.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55305(a)	46 App.:1241(b)(1) (2d, last provisos).	June 29, 1936, ch. 858, title IX, §901(b), as added Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 87–266, Sept. 21, 1961, 75 Stat. 565; Pub. L. 91–469, §27, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 97–31, §12(126), Aug. 6, 1981, 95 Stat. 165.
55305(b)	46 App.:1241(b)(1) (words before 1st proviso).
55305(c)	46 App.:1241(b)(1) (1st proviso).
55305(d)	46 App.:1241(b)(2).

In this section, the words "commercial vessels of the United States" are substituted for "United States-flag commercial vessels" for consistency in the revised title.

In subsection (a), the words "the provisions of this subsection shall not apply to cargoes carried in the vessels of the Panama Canal Company" are omitted as obsolete. The words "Nothing herein shall repeal or otherwise modify the provisions of section 1241–1 of this Appendix" are omitted as unnecessary. The last proviso in 46 App. U.S.C. 1241(b)(1) is omitted as obsolete.

Editorial Notes

References in Text

Section 55314(a), referred to in subsec. (d)(4)(A)(i), (B)(i), was repealed by Pub. L. 112–141, div. F, title I, §100124(a)(1), July 6, 2012, 126 Stat. 915.

Section 25(c)(1) of the Office of Federal Procurement Policy Act, referred to in subsec. (e)(2)(D), was classified to section 421(c)(1) of former Title 41, Public Contracts, and was repealed and restated as section 1303(a)(1) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

Amendments

2023—Subsec. (a). Pub. L. 118–31, §3531(a)(1), (2)(A), (3), redesignated subsec. (b) as (a), substituted "privately-owned commercial vessels of the United States, as provided under subsection (b)," for "privately-owned commercial vessels of the United States,", and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "In this section, the term 'privately-owned commercial vessel of the United States' does not include a vessel that, after September 21, 1961, was built or rebuilt outside the United States or documented under the laws of a foreign country, until the vessel has been documented under the laws of the United States for at least 3 years."

Subsecs. (b), (c). Pub. L. 118–31, §3531(a)(4), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (a) and (d), respectively.

Subsec. (d). Pub. L. 118–31, §3531(a)(2)(B), (5), redesignated subsec. (c) as (d), struck it out, and added a new subsec. (d). Prior to amendment, text read as follows: "The President, the Secretary of Defense, or Congress (by concurrent resolution or otherwise) may waive this section temporarily by—

"(1) declaring the existence of an emergency justifying a waiver; and

"(2) notifying the appropriate agencies of the waiver."

Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 118–31, §3531(a)(2)(B), redesignated subsecs. (d) and (e) as (e) and (f), respectively.

2022—Subsec. (d)(2)(A). Pub. L. 117–263 inserted "and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs" after "section".

2018—Subsec. (d)(2)(D). Pub. L. 115–232 substituted "1303(a)(1))" for "421(c)(1)".

2014—Subsec. (e)(1). Pub. L. 113–281, §306(1), substituted "reimburse, subject to the availability of appropriations, the owners or operators of vessels" for "provide armed personnel aboard vessels" and "commodities for the cost of providing armed personnel aboard such vessels" for "commodities".

Subsec. (e)(2), (3). Pub. L. 113–281, §306(2), added par. (2) and struck out former pars. (2) and (3) which read as follows:

"(2) The Secretary of Transportation shall direct each department or agency responsible to provide armed personnel under paragraph (1) to reimburse, subject to the availability of appropriations, the owners or operators of applicable vessels for the cost of providing armed personnel.

"(3) In this subsection, the term 'high-risk waters' means waters so designated by the Commandant of the Coast Guard in the Port Security Advisory in effect on the date on which an applicable voyage begins."

2012—Subsec. (e). Pub. L. 112–213 added subsec. (e).

2008—Subsec. (b). Pub. L. 110–417, §3511(a), substituted "foreign country, organization, or persons" for "foreign country", "commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within" for "commodities, within", and "furnishing or obtaining" for "furnishing".

Subsec. (d). Pub. L. 110–417, §3511(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "An agency having responsibility under this section shall administer its programs with respect to this section under regulations prescribed by the Secretary of Transportation. The Secretary shall review the administration of those programs and report annually to Congress on their administration."

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 110–417, div. C, title XXXV, §3511(c), Oct. 14, 2008, 122 Stat. 4770, provided that: "The Secretary of Transportation shall prescribe such rules as are necessary to carry out section 55305(d) of title 46, United States Code. The Secretary may prescribe interim rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect until superseded by a final rule."

Secretary of Transportation Responsibility With Respect to Cargoes Procured, Furnished, or Financed by Other Federal Departments and Agencies

Pub. L. 117–263, div. C, title XXXV, §3502(a), Dec. 23, 2022, 136 Stat. 3065, provided that: "Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2022], the Administrator of the Maritime Administration shall issue a final rule to implement and enforce section 55305(d) of title 46, United States Code."

¹ See References in Text note below.

SUBCHAPTER II—EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES

§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.)

Historical and Revision Notes

Revised 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.).

§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.)

Historical and Revision Notes

Revised 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.

§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.)

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.

§55314. Transportation requirements for certain exports sponsored by the Secretary of Agriculture

[(a) Repealed. Pub. L. 112–141, div. F, title I, §100124(a)(1), July 6, 2012, 126 Stat. 915.]

(b) Applicable Export Activity.—The activities specified in this subsection are export activities (except inspection or weighing activities, other activities carried out for health or safety, or technical assistance provided in the handling of commercial transactions) of the Secretary of Agriculture or the Commodity Credit Corporation—

(1) carried out under the Food for Peace Act (7 U.S.C. 1691 et seq.);

(2) carried out under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);

(3) carried out under the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1);

(4) under which agricultural commodities or their products are—

(A) donated through foreign governments or private or public agencies, including intergovernmental organizations; or

(B) sold for foreign currencies or for dollars on credit terms of more than 10 years;

(5) under which agricultural commodities or their products are made available for emergency food relief at less than prevailing world market prices;

(6) under which a cash grant is made directly or through an intermediary to a foreign purchaser to enable the purchaser to obtain United States agricultural commodities or their products in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at a United States port; or

(7) under which agricultural commodities owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services produced in foreign countries, except export activities described in section 55313(5) of this title.

[(c) Repealed. Pub. L. 112–141, div. F, title I, §100124(a)(1), July 6, 2012, 126 Stat. 915.]

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1645; Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 110–417, div. C, title XXXV, §3511(d), Oct. 14, 2008, 122 Stat. 4770; Pub. L. 111–84, div. A, title X, §1073(c)(15), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 112–141, div. F, title I, §100124(a), July 6, 2012, 126 Stat. 915.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
55314(a)(1)	46 App.:1241f(a).	June 29, 1936, ch. 858, title IX, §901b(a)–(d), as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1491; Pub. L. 101–624, title XV, §1525, Nov. 28, 1990, 104 Stat. 3667; Pub. L. 104–239, §17, Oct. 8, 1996, 110 Stat. 3138; Pub. L. 108–136, title XXXV, §3514, Nov. 24, 2003, 117 Stat. 1792.
	46 App.:1241o.	June 29, 1936, ch. 858, title IX, §901k, as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1496.
55314(a)(2)	46 App.:1241f(c)(2).
55314(b)	46 App.:1241f(b), (d).
55314(c)	46 App.:1241f(c)(1), (3), (4).

In this section, the words "commercial vessels of the United States" are substituted for "United States-flag commercial vessels" for consistency in the revised title.

In subsection (a)(1), before subparagraph (A), the text of 46 App. U.S.C. 1241f(a)(2)(A) and (B) is omitted as obsolete. Subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1241o to improve the organization and to eliminate unnecessary words.

In subsection (a)(2), the words "the 12-month period beginning October 1 of each year" are substituted for "12 month periods commencing April 1, 1986, the 18-month period beginning April 1, 2002, and the 12-month period beginning October 1, 2003, and each year thereafter" to eliminate obsolete and unnecessary language.

In subsection (c)(4), before subparagraph (A), the words "or instrumentality" are omitted as unnecessary because of the definition of "agency" in chapter 1.

Editorial Notes

References in Text

The Food for Peace Act, referred to in subsec. (b)(1), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§1691 et seq.) of Title 7, Agriculture. Title II of the Act is classified generally to subchapter III (§1721 et seq.) of chapter 41 of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.

Amendments

2012—Subsec. (a). Pub. L. 112–141, §100124(a)(1), struck out subsec. (a), which related to minimum tonnage of agricultural commodities and their products.

Subsec. (b). Pub. L. 112–141, §100124(a)(2), substituted "The activities specified in this subsection are export activities" for "This section applies to export activity" in introductory provisions.

Subsec. (c). Pub. L. 112–141, §100124(a)(1), struck out subsec. (c), which related to additional requirements for this section and section 55305 of this title.

2009—Subsec. (a). Pub. L. 111–84 amended directory language of Pub. L. 110–417, §3511(d). See 2008 Amendment notes below.

2008—Subsec. (a). Pub. L. 110–417, §3511(d), as amended by Pub. L. 111–84, substituted "fiscal" for "calendar" in two places in text.

Subsec. (a)(2). Pub. L. 110–417, §3511(d), as amended by Pub. L. 111–84, which directed substitution of "fiscal" for "calendar" in heading, was executed by substituting "Fiscal" for "Calendar" to reflect the probable intent of Congress.

Subsecs. (b)(1), (c)(2). Pub. L. 110–246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954".

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, §1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(15) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

§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.)

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.

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–141 substituted "specified in section 55314(b)" for "subject to section 55314".

[§§55316, 55317. Repealed. Pub. L. 113–67, div. A, title VI, §602(a), Dec. 26, 2013, 127 Stat. 1188]

Section 55316, Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1647; Pub. L. 110–246, title III, §3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 112–141, div. F, title I, §100124(b), (c)(2), July 6, 2012, 126 Stat. 915, related to financing the transportation of agricultural commodities.

Section 55317, 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, provided for the termination of this subchapter 90 days after the notification under section 55316(f) of this title is made, subject to certain exceptions.

§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.)

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.

SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS

§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 Great Lakes St. Lawrence Seaway Development Corporation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 116–260, div. AA, title V, §512(c)(6)(E), Dec. 27, 2020, 134 Stat. 2757.)

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.

Editorial Notes

Amendments

2020—Par. (3). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".

§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.)

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.

§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.)

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.

§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.)

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.

§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.)

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.

§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.)

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.

[CHAPTER 555—TRANSFERRED]

Editorial Notes

Codification

Pub. L. 117–81, div. C, title XXXV, §3512(a)(1), (3), Dec. 27, 2021, 135 Stat. 2239, renumbered this chapter as chapter 504 and transferred it to appear after chapter 503 of this title and renumbered sections 55501 and 55502 as sections 50401 and 50402 of this title, respectively.

[§§55501, 55502. Renumbered §§50401, 50402]

Editorial Notes

Prior Provisions

A prior section 55501, Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1650, related to mobile trade fairs to show and sell United States products at foreign ports and other global commercial centers, prior to repeal by Pub. L. 113–281, title III, §301(1), Dec. 18, 2014, 128 Stat. 3042.

A prior section 55502 was renumbered section 55501 of this title.

CHAPTER 556—MARINE HIGHWAYS

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. C, title XXXV, §3521(a)(2), (b)(2), (d)(2), Dec. 23, 2022, 136 Stat. 3078, 3079, added items 55601, 55603, and 55605 and struck out former items 55601 "Marine highways transportation program" and 55605 "Marine highway transportation defined".

2021—Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(1), (2), (7), Jan. 1, 2021, 134 Stat. 4704, 4705, amended chapter heading similarly, substituting "MARINE HIGHWAYS" for "SHORT SEA TRANSPORTATION", struck out item 55603 "Interagency coordination", and substituted "Marine highways transportation program" for "Short sea transportation program" in item 55601, "Research on marine highway transportation" for "Research on short sea transportation" in item 55604, and "Marine highway transportation defined" for "Short sea transportation defined" in item 55605.

§55601. United States marine highway program

(a) Establishment.—

(1) In general.—There is in the Department of Transportation a program, to be known as the "United States marine highway program".

(2) Additional program activities.—In carrying out the program established under this subsection, the Secretary of Transportation may—

(A) coordinate with ports, State departments of transportation, localities, other public agencies, and appropriate private sector entities on the development of landside facilities and infrastructure to support marine highway transportation; and

(B) develop performance measures for the program.

(b) Marine Highway Transportation Routes.—

(1) Designation.—The Secretary may designate a route as a marine highway transportation route, or modify such a designation, if—

(A) such route—

(i) provides a coordinated and capable alternative to landside transportation;

(ii) mitigates or relieves landside congestion;

(iii) promotes marine highway transportation; or

(iv) uses vessels documented under chapter 121; and

(B) such designation or modification is requested by—

(i) the government of a State or territory;

(ii) a metropolitan planning organization;

(iii) a port authority;

(iv) a non-Federal navigation district; or

(v) a Tribal government.

(2) Determination.—Not later than 180 days after the date on which the Maritime Administrator receives a request for the designation or modification of a marine highway route under paragraph (1), the Maritime Administrator shall make a determination of whether to make the requested designation or modification.

(3) Notification.—Not later than 14 days after the date on which the Maritime Administrator makes a determination under paragraph (2), the Maritime Administrator shall notify the requester of the determination.

(c) Map of Marine Highway Program Routes.—

(1) In general.—The Maritime Administrator shall make publicly available a map showing the location of marine highway routes, including such routes along the coasts, in the inland waterways, and at sea and update that map when a marine highway route is designated or modified pursuant to subsection (b).

(2) Coordination.—The Maritime Administrator shall coordinate with the Administrator of the National Oceanic and Atmospheric Administration to incorporate the map referred to in paragraph (1) into the Marine Cadastre.

(d) Assistance.—

(1) In general.—The Secretary may make grants to, or enter into contracts or cooperative agreements with, eligible entities to implement a marine highway transportation project or a component of such a project if the Secretary determines that the project or component—

(A) meets the criteria referred to in subsection (b)(1)(A); and

(B) develops, expands, or promotes—

(i) marine highway transportation; or

(ii) shipper use of marine highway transportation.

(2) Application.—

(A) In general.—To be eligible to receive a grant or to enter into a contract or cooperative agreement under this subsection, an eligible entity shall submit to the Secretary an application in such form and manner, and at such time, as the Secretary may require. Such an application shall include the following:

(i) A comprehensive description of—

(I) the marine highway route to be served by the marine highway transportation project;

(II) the supporters of the marine highway transportation project, which may include business affiliations, private sector stakeholders, State departments of transportation, metropolitan planning organizations, municipalities, or other governmental entities (including Tribal governments), as applicable;

(III) the need for such project; and

(IV) the performance measure for the marine highway transportation project, such as volumes of cargo or passengers moved, or contribution to environmental mitigation, safety, reduced vehicle miles traveled, or reduced maintenance and repair costs.

(ii) A demonstration, to the satisfaction of the Secretary, that—

(I) the marine highway transportation project is financially viable; and

(II) the funds or other assistance provided under this subsection will be spent or used efficiently and effectively.

(iii) Such other information as the Secretary may require.

(B) Pre-proposal.—

(i) In general.—Prior to accepting a full application under subparagraph (A), the Secretary may require that an eligible entity first submit a pre-proposal that contains a brief description of the item referred to in clauses (i) through (iii) of such subparagraph.

(ii) Feedback.—Not later than 30 days after receiving a pre-proposal under clause (i) from an eligible entity, the Secretary shall provide to the eligible entity feedback to encourage or discourage the eligible entity from submitting a full application. An eligible entity may still submit a full application even if that eligible entity is not encouraged to do so after submitting a pre-proposal.

(C) Prohibition.—The Secretary may not require separate applications for project designation and for assistance under this section.

(D) Grant application feedback.—Following the award of assistance under this subsection for a particular fiscal year, the Secretary may provide feedback to an applicant to help such applicant improve future applications if the feedback is requested by that applicant.

(3) Timing.—

(A) Notice of funding opportunity.—The Secretary shall post a notice of funding opportunity regarding grants, contracts, or cooperative agreements under this subsection not more than 60 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

(B) Awarding of assistance.— The Secretary shall award grants, contracts, or cooperative agreements under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

(4) Non-federal share.—

(A) In general.—Except as provided in subparagraph (B), not more than 80 percent of the funding for any project for which funding is provided under this subsection may come from Federal sources.

(B) Tribal governments and rural areas.—The Secretary may increase the Federal share of funding for the project to an amount above 80 percent in the case of an award of assistance under this subsection—

(i) to an eligible entity that is a Tribal government; or

(ii) for a project located in a rural area.

(5) Preference for financially viable projects.— In awarding grants or entering into contracts or cooperative agreements under this subsection, the Secretary shall give a preference to a project or component of a project that presents the most financially viable transportation service and require the lowest percentage of Federal share of the funding.

(6) Treatment of unexpended funds.—Notwithstanding paragraph (3)(B), amounts awarded under this subsection that are not expended by the recipient within five years after obligation of funds or that are returned shall remain available to the Secretary to make grants and enter into contracts and cooperative agreements under this subsection.

(7) Conditions on provision of assistance.—The Secretary may not provide assistance to an eligible entity under this subsection unless the Secretary determines that—

(A) sufficient funding is available to meet the non-Federal share requirement under paragraph (4);

(B) the marine highway project for which such assistance is provided will be completed without unreasonable delay; and

(C) the eligible entity has the authority to implement the proposed marine highway project.

(8) Prohibited uses.—Assistance provided under this subsection may not be used—

(A) to improve port or land-based infrastructure outside the United States; or

(B) unless the Secretary determines that such activities are necessary to carry out the marine highway project for which such assistance is provided, to raise sunken vessels, construct buildings or other physical facilities, or acquire land.

(9) Geographic distribution.—In making grants, contracts, and cooperative agreements under this section the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds.

(10) Eligible entity.—In this subsection, the term "eligible entity" means—

(A) a State, a political subdivision of a State, or a local government;

(B) a United States metropolitan planning organization;

(C) a United States port authority;

(D) a Tribal government; or

(E) a United States private sector operator of marine highway projects or private sector owners of facilities, including an Alaska Native Corporation, with an endorsement letter from the requester of a marine highway route designation or modification referred to in subsection (b)(1)(B).

(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1760; amended Pub. L. 111–84, div. C, title XXXV, §3515, Oct. 28, 2009, 123 Stat. 2724; Pub. L. 112–213, title IV, §405(a), Dec. 20, 2012, 126 Stat. 1571; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(3), Jan. 1, 2021, 134 Stat. 4704; Pub. L. 117–263, div. C, title XXXV, §3521(a)(1), Dec. 23, 2022, 136 Stat. 3074.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to Marine highways transportation program.

2021—Pub. L. 116–283, §8332(d)(3)(B), substituted "marine highway" for "short sea" wherever appearing.

Pub. L. 116–283, §8332(d)(3)(A), substituted "Marine highways" for "Short sea" in section catchline.

Subsec. (a). Pub. L. 116–283, §8332(d)(3)(C)(ii), which directed amendment of subsec. (a) by substituting "provide a coordinated and capable alternative to landside transportation or to promote marine highway transportation" for "mitigate landside congestion or to promote short sea transportation", was executed by making the substitution for "mitigate landside congestion or to promote marine highway transportation" to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–283, §8332(d)(3)(B).

Pub. L. 116–283, §8332(d)(3)(C)(i), substituted "transportation program to be known as the 'America's Marine highway program' " for "transportation program".

Subsec. (b)(1). Pub. L. 116–283, §8332(d)(3)(D)(ii), added par. (1) and struck out former par. (1) which read as follows: "documented vessels;".

Subsec. (c). Pub. L. 116–283, §8332(d)(3)(D)(i), which directed amendment of subsec. (b) by substituting "Marine Highway Transportation" for "Short Sea Transportation" in heading, was executed by making the amendment to subsec. (c) to reflect the probable intent of Congress.

2012—Subsec. (a). Pub. L. 112–213, §405(a)(1), substituted "landside congestion or to promote short sea transportation." for "landside congestion."

Subsec. (c). Pub. L. 112–213, §405(a)(2), substituted "coastal corridors or to promote short sea transportation" for "coastal corridors".

Subsec. (d). Pub. L. 112–213, §405(a)(3), substituted "that the project uses documented vessels and—" for "that the project may—" in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:

"(1) offer a waterborne alternative to available landside transportation services using documented vessels; and

"(2) provide transportation services for passengers or freight (or both) that may reduce congestion on landside infrastructure using documented vessels."

Subsec. (f). Pub. L. 112–213, §405(a)(4), substituted "may" for "shall" in two places in introductory provisions.

2009—Subsec. (g). Pub. L. 111–84 added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

Regulations

Pub. L. 110–140, title XI, §1121(c), Dec. 19, 2007, 121 Stat. 1762, provided that:

"(1) Interim regulations.—Not later than 90 days after the date of enactment of this Act [Dec. 19, 2007], the Secretary of Transportation shall issue temporary regulations to implement the program under this section. Subchapter II of chapter 5 of title 5, United States Code, does not apply to a temporary regulation issued under this paragraph or to an amendment to such a temporary regulation.

"(2) Final regulations.—Not later than October 1, 2008, the Secretary of Transportation shall issue final regulations to implement the program under this section."

Report on Increasing Effectiveness of Marine Highways

Pub. L. 118–31, div. C, title XXXV, §3521(d), Dec. 22, 2023, 137 Stat. 820, provided that:

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Administrator of the Maritime Administration shall complete and make publicly available on an appropriate website a study that identifies opportunities for, and barriers to, increasing the effectiveness of marine highways designated under section 55601 of title 46, United States Code, in addressing two or more of the components described in clauses (i), (ii), and (iv) of subparagraphs [sic] (A) and subparagraph (B) of section 50307(a)(2) of title 46, United States Code.

"(2) Pilot program.—Beginning on the date that is 120 days after the date of the completion of the study required under paragraph (1), the Administrator shall carry out a one-year pilot program under which the Administrator shall select one marine highway project and implement the findings of the study with respect to that project.

"(3) Final report.—Not later than 90 days after the completion of the pilot program under paragraph (3), the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a briefing on the lessons learned from the pilot program, any recommendations based on feedback from maritime stakeholders, States, Indian Tribes, nonprofit organizations, and other stakeholders, and recommendations for establishing future marine highways in the United States."

Deadline for Public Availability of Map

Pub. L. 117–263, div. C, title XXXV, §3521(f), Dec. 23, 2022, 136 Stat. 3080, provided that: "Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Maritime Administration shall make publicly available the map of marine highway program routes required to be made publicly available under subsection (c) of section 55601 of title 46, United States Code, as amended by this section."

§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 marine highway 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 marine highway transportation.

(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(4), Jan. 1, 2021, 134 Stat. 4705.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "marine highway" for "short sea" in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§55603. Multistate, State, Tribal, and regional transportation planning

(a) In General.—The Secretary, in consultation with Federal entities, State and local governments, Tribal governments, and appropriate private sector entities, may develop strategies to encourage the use of marine highway transportation for transportation of passengers and cargo.

(b) Strategies.—If the Secretary develops strategies under subsection (a), the Secretary may—

(1) assess the extent to which States, local governments, and Tribal governments include marine highway transportation and other marine transportation solutions in transportation planning;

(2) encourage State and Tribal departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and

(3) encourage groups of States, Tribal governments, and multistate transportation entities to determine how marine highways can address congestion, bottlenecks, and other interstate transportation challenges.

(Added Pub. L. 117–263, div. C, title XXXV, §3521(b)(1), Dec. 23, 2022, 136 Stat. 3078.)

Editorial Notes

Prior Provisions

A prior section 55603, added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1761, which related to an interagency board to identify and seek solutions to impediments hindering effective use of short sea transportation, was repealed by Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(1), Jan. 1, 2021, 134 Stat. 4704.

§55604. Research on marine highway transportation

The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, may conduct research on marine highway transportation, regarding—

(1) the economic effects of marine highway transportation on the United States economy;

(2) the effects of marine highway transportation, including with respect to the provision of additional transportation options, on rural areas;

(3) the environmental and transportation benefits to be derived from marine highway transportation alternatives for other forms of transportation;

(4) technology, vessel design, and other improvements that would reduce emissions, increase fuel economy, and lower costs of marine highway transportation and increase the efficiency of intermodal transfers; and

(5) solutions to impediments to marine highway transportation projects designated under section 55601.

(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(4), (5), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–263, div. C, title XXXV, §3521(c), Dec. 23, 2022, 136 Stat. 3078.)

Editorial Notes

Amendments

2022—Pars. (1) to (5). Pub. L. 117–263 added pars. (1) and (2) and redesignated former pars. (1) to (3) as (3) to (5), respectively.

2021—Pub. L. 116–283 substituted "marine highway" for "short sea" in section catchline and wherever appearing in text.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§55605. Definitions

In this chapter:

(1) The term "marine highway transportation" means the carriage by a documented vessel of cargo (including such carriage of cargo and passengers), if such cargo—

(A) is—

(i) contained in intermodal cargo containers and loaded by crane on the vessel;

(ii) loaded on the vessel by means of wheeled technology, including roll-on roll-off cargo;

(iii) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation;

(iv) bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or

(v) freight vehicles carried aboard commuter ferry boats; and

(B) is—

(i) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada or Mexico; or

(ii) loaded at a port in Canada or Mexico and unloaded at a port in the United States.

(2) The term "Tribal government" means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(3) The term "Alaska Native Corporation" has the meaning given the term "Native Corporation" under section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(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; Pub. L. 114–92, div. C, title XXXV, §3508, Nov. 25, 2015, 129 Stat. 1223; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(6), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–263, div. C, title XXXV, §3521(d)(1), Dec. 23, 2022, 136 Stat. 3079.)

Editorial Notes

References in Text

The date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in par. (2), is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section defined the term "marine highway transportation" as used in this chapter.

2021—Pub. L. 116–283 substituted "Marine highway" for "Short sea" in section catchline and "marine highway transportation" for "short sea transportation" in introductory provisions.

2015—Par. (1)(C), (D). Pub. L. 114–92 added subpars. (C) and (D).

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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.