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46 U.S.C. § 55332 — Designating American Great Lakes vessels

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55335&num=0&edition=prelim), 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

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Stable record: federal_law:legal_authorities:record_usc_2b87855a9af3db89af0ccc9d
Source file: Laws/federal/codes/united-states-code/title-46/section-55332-designating-american-great-lakes-vessels--d8e45cf80a.md
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Source location: Title 46, Chapter 553, § 55332; chapter-553-passenger-and-cargo-preferences.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55335&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55332/b&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55332&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55332 — Designating American Great Lakes ves-

Page 491 TITLE 46—SHIPPING § 55332 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 Effec- tive Date note under section 8701 of Title 7, Agri- culture. § 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 sec- tion 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 pur- poses of those programs or, based on a certifi- cation 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. 149

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