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46 U.S.C. § 58101 — Operating in domestic intercoastal or coastwise service
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program, and a vessel may not be chartered to a person under chapter 575 of this title, if the contractor or charterer, or a holding company, subsidiary, affiliate, or associate of the contractor or charterer, or an officer, director, agent, or executive thereof, directly or indirectly—
(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or
(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.
**(b) Waiver.—** A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing. The Secretary may not grant the waiver if the Secretary finds it would—
(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or
(2) be prejudicial to the objectives and policy of this subtitle.
**(c) Continuous Operation Since 1935.—** The Secretary shall grant an application under subsection (b) without requiring further proof that the public interest and convenience will be served and without further proceedings as to the competition in the route or trade, if the contractor or other person, or a predecessor in interest, was in bona-fide operation as a common carrier by water in the domestic intercoastal or coastwise trade in 1935 over the route or in the trade for which the application is made and has so operated since that time or, if engaged in furnishing seasonal service only, was in bona-fide operation in 1935 during the season ordinaril
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Source location: Title 46, Chapter 581, § 58101; chapter-581-restrictions-and-penalties.md
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**(a) Prohibition.—** A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program, and a vessel may not be chartered to a person under chapter 575 of this title, if the contractor or charterer, or a holding company, subsidiary, affiliate, or associate of the contractor or charterer, or an officer, director, agent, or executive thereof, directly or indirectly—
(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or
(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.
**(b) Waiver.—** A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing. The Secretary may not grant the waiver if the Secretary finds it would—
(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or
(2) be prejudicial to the objectives and policy of this subtitle.
**(c) Continuous Operation Since 1935.—** The Secretary shall grant an application under subsection (b) without requiring further proof that the public interest and convenience will be served and without further proceedings as to the competition in the route or trade, if the contractor or other person, or a predecessor in interest, was in bona-fide operation as a common carrier by water in the domestic intercoastal or coastwise trade in 1935 over the route or in the trade for which the application is made and has so operated since that time or, if engaged in furnishing seasonal service only, was in bona-fide operation in 1935 during the season ordinarily covered by its operation, except in either event as to interruptions of service over which the applicant or its predecessor in interest had no control.
**(d) Diversion Into Intercoastal or Coastwise Operations.—** If an application under subsection (b) is approved, a person referred to in this section may not divert, directly or indirectly, money, property, or any other thing of value, used in a foreign-trade operation for which a subsidy is paid by the United States Government, into intercoastal or coastwise operations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classification.—** An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—
(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A misdemeanor;
(7) six months or less but more than thirty days, as a Class B misdemeanor;
(8) thirty days or less but more than five days, as a Class C misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an infraction.
**(b) Effect of Classification.—** Except as provided in subsection (c), an offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation, except that the maximum term of imprisonment is the term authorized by the law describing the offense.
**(c) Imprisonment of Certain Violent Felons.—**
(1) **Mandatory life imprisonment.—** — Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if—
(A) the person has been convicted (and those convictions have become final) on separate prior occasions in a court of the United States or of a State of—
(i) 2 or more serious violent felonies; or
(ii) one or more serious violent felonies and one or more serious drug offenses; and
(B) each serious violent felony or serious drug offense used as a basis for sentencing under this su
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3559
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Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55110
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Federal law — U.S. Code and appendices · legal_authorities
Page 524
TITLE 46—SHIPPING
§ 57533
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
57532 ..........
46 App.:1205.
June 29, 1936, ch. 858, title
VII, § 715, as added July 11,
1956, ch. 574, 70 Stat. 531;
Pub.
L.
97–31,
§ 12(117),
Aug. 6, 1981, 95 Stat. 164.
Subsection (d) is substituted for ‘‘Those provisions of
law prescribed or incorporated under section 1241a of
this Appendix, which relate to vessel operating activi-
ties of the Secretary of Transportation and to employ-
ment of seamen through general agents, shall be appli-
cable in connection with charters and agreements en-
tered into under this section’’ for clarity.
Editorial Notes
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–232 substituted ‘‘(50
U.S.C. 4701(a), (c), 4703(c), and 4704)’’ for ‘‘(50 App. U.S.C.
1291(a), (c), 1293(c), 1294)’’.
§ 57533. Vessel chartering authority
The Secretary of Transportation may enter
into contracts or other agreements on behalf of
the United States to purchase, charter, operate,
or otherwise acquire the use of any vessels docu-
mented under chapter 121 of this title and any
other related real or personal property. The Sec-
retary is authorized to use this authority as the
Secretary deems appropriate.
(Added Pub. L. 110–181, div. C, title XXXV,
§ 3511(a), Jan. 28, 2008, 122 Stat. 593.)
PART G—RESTRICTIONS AND
PENALTIES
CHAPTER 581—RESTRICTIONS AND
PENALTIES
Sec.
58101.
Operating in domestic intercoastal or coast-
wise service.
58102.
Default on payment or maintenance of re-
serves.
58103.
Employing another person as managing or op-
erating agent.
58104.
Willful violation constitutes breach of con-
tract or charter.
58105.
Preferences for cargo in which charterer has
interest.
58106.
Concerted dis
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 58101
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