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46 U.S.C. § 55334 — Restrictions on operations
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102&num=0&edition=prelim)) that is subject to section 55305 or 55314 of this title or [section 2631 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim); 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.
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Source file: Laws/federal/codes/united-states-code/title-46/section-55334-restrictions-on-operations--45b8a6f848.md
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Source location: Title 46, Chapter 553, § 55334; chapter-553-passenger-and-cargo-preferences.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102&num=0&edition=prelim)) that is subject to section 55305 or 55314 of this title or [section 2631 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Agreement.—** — The term “agreement”—
(A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but
(B) does not include a maritime labor agreement.
(2) **Antitrust laws.—** — The term “antitrust laws” means—
(A) the Sherman Act ([15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) et seq.);
(B) sections 73 and 74 of the Wilson Tariff Act ([15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim), 9);
(C) the Clayton Act ([15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) et seq.);
(D) the Act of June 19, 1936 ([15 U.S.C. 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section13&num=0&edition=prelim), 13a, 13b, 21a);
(E) the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.);
(F) the Antitrust Civil Process Act ([15 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1311&num=0&edition=prelim) et seq.); and
(G) Acts supplementary to those Acts.
(3) **Assessment agreement.—** — The term “assessment agreement” means an agreement, whether part of a collective bargaining agreement or negotiated separately, to the extent the agreement provides for the funding of collectively bargained fringe-benefit obligations on other than a uniform worker-hour basis, regardless of the cargo handled or type of vessel or equipment used.
(4) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Supplies bought for the Army, Navy, Air Force, Marine Corps, or Space Force, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in—
(1) a vessel belonging to the United States; or
(2) a vessel of the United States (as such term is defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)).
**(b) Waiver and Notification.—**
(1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is—
(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
(B) otherwise not available.
(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver.
**(c) Requirements for Reflagging or Repair Work.—**
(1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that—
(A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and
(B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable.
(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary det
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2631
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Federal law — U.S. Code and appendices · legal_authorities
Page 492
TITLE 46—SHIPPING
§ 55333
(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 ves-
sels 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 des-
ignated as an American Great Lakes vessel;
and
(5) the owner makes an agreement as pro-
vided 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 Sec-
retary 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 sub-
section (b), the owner of the vessel is not prohib-
ited 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 pre-
scribe regulations establishing requirements for
submitting applications under this section.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.)
HIST
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 55334
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