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46 U.S.C. § 55335 — Revocations and terminations of designations

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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Stable record: federal_law:legal_authorities:record_usc_a4ad73e7309181e707b6b678
Source file: Laws/federal/codes/united-states-code/title-46/section-55335-revocations-and-terminations-of-designations--4b7bfc6889.md
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Source location: Title 46, Chapter 553, § 55335; chapter-553-passenger-and-cargo-preferences.md

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**(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. § 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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Federal law — U.S. Code and appendices · legal_authorities

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

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

46 U.S.C. § 55335 — Revocations and terminations of des-

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

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