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46 U.S.C. § 53110 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
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Source location: Title 46, Chapter 531, § 53110; chapter-531-maritime-security-fleet.md
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The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.
**(b) Vessels Less Than 5 Net Tons.—** A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.
**(c) Barges.—** A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.
**(d) Aquaculture Waiver.—**
(1) **Permitting of nonqualified vessels to perform certain aquaculture support operations.—** — Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services.
(2) **Prohibition.—** — Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.
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Federal law — U.S. Code and appendices · legal_authorities
Page 408
TITLE 46—SHIPPING
§ 53108
damages to a contractor arising from activa-
tion of commercial transportation resources
under an Emergency Preparedness Agreement.
(Added Pub. L. 108–136, div. C, title XXXV,
§ 3531(a), Nov. 24, 2003, 117 Stat. 1814; amended
Pub. L. 109–304, § 13(a)(6), Oct. 6, 2006, 120 Stat.
1701; Pub. L. 111–84, div. C, title XXXV, § 3505,
Oct. 28, 2009, 123 Stat. 2720; Pub. L. 112–239, div.
C, title XXXV, § 3508(g), Jan. 2, 2013, 126 Stat.
2225.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of the National Defense Au-
thorization Act for Fiscal Year 2010, referred to in sub-
sec. (b)(3)(A), is the date of enactment of Pub. L. 111–84,
which was approved Oct. 28, 2009.
AMENDMENTS
2013—Subsec. (b)(1). Pub. L. 112–239 amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘An Emergency Preparedness Agreement under this
section shall require that upon a request by the Sec-
retary of Defense during time of war or national emer-
gency, or whenever determined by the Secretary of De-
fense to be necessary for national security or contin-
gency operation (as that term is defined in section 101
of title 10, United States Code), a contractor for a ves-
sel covered by an operating agreement under this chap-
ter shall make available commercial transportation re-
sources (including services).’’
2009—Subsec. (b)(3). Pub. L. 111–84 added par. (3).
2006—Subsec. (f). Pub. L. 109–304 substituted ‘‘section
55302(a), 55304, 55305, or 55314 of this title, section 2631 of
title 10’’ for ‘‘section 2631 of title 10, United States
Code, the Act of March 26, 1934 (46 U.S.C. App. 1241–1),
section 901(a), 901(b), or 901b of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), or 1241f)’’ in in-
troductory provisions
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