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46 U.S.C. § 58104 — Willful violation constitutes breach of contract or charter
Federal law — U.S. Code and appendices · legal_authorities
A willful violation of any provision of sections 58101–58103 of this title constitutes a breach of the contract or charter. On determining that a violation has occurred, the Secretary of Transportation may declare the contract or charter rescinded.
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Source location: Title 46, Chapter 581, § 58104; chapter-581-restrictions-and-penalties.md
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A willful violation of any provision of sections 58101–58103 of this title constitutes a breach of the contract or charter. On determining that a violation has occurred, the Secretary of Transportation may declare the contract or charter rescinded.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 525
TITLE 46—SHIPPING
§ 58106
for ‘‘without the written permission of the Secretary of
Transportation. Every person, firm, or corporation hav-
ing any interest in such application shall be permitted
to intervene and the Secretary of Transportation shall
give a hearing to the applicant and the intervenors.’’
for clarity.
In subsection (c), the words ‘‘domestic intercoastal or
coastwise trade’’ are substituted for ‘‘domestic, inter-
coastal, or coastwise trade’’ for consistency in the sec-
tion.
In subsection (d), the words ‘‘and whosoever shall vio-
late this provision shall be guilty of a misdemeanor’’
are omitted because section 3559 of title 18 provides for
the classification of offenses. See the revision notes for
section 58109 of the revised title.
§ 58102. Default on payment or maintenance of
reserves
The Secretary of Transportation may super-
vise the number and compensation of all officers
and employees of a contractor under the oper-
ating-differential
subsidy
program
or
a
charterer under chapter 575 of this title, receiv-
ing an operating-differential subsidy, if the con-
tractor or charterer—
(1) is in default on a mortgage, note, pur-
chase contract, or other obligation to the Sec-
retary; or
(2) has not maintained, in a manner satisfac-
tory to the Secretary, all of the reserves pro-
vided for in this subtitle.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1671.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
58102 ..........
46 App.:1223(b).
June 29, 1936, ch. 858, title
VIII, § 805(b), 49 Stat. 2012;
Pub.
L.
97–31,
§ 12(122),
Aug. 6, 1981, 95 Stat. 164;
Pub. L. 104–239, § 4(b)(2),
Oct. 8, 1996, 110 Stat. 3131.
The words ‘‘contractor under the operating-differen-
tial s
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 58104
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