46 U.S.C. § 53110 — Regulations

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 and ‘‘sections 55302(a), 55304, 55305, and 55314 of this title and 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), and sections 901(a), 901(b), and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(a), 1241(b), and 1241b)’’ in par. (2). § 53108. Regulatory relief (a) OPERATION IN FOREIGN COMMERCE.—A con- tractor for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction. (b) OTHER RESTRICTIONS.—The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a ves- sel in a foreign country shall not apply to a ves- sel for any day the operator of that vessel is re- ceiving payments for operation of that vessel under an operating agreement under this chap- ter. (c) TELECOMMUNICATIONS EQUIPMENT.—The telecommunications and other electronic equip- ment on an existing vessel that is redocumented under the laws of the United States for oper- ation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certifi- cation requirements, if— (1) such equipment complies with all appli- cable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States; (2) that country has not been identified by the Secretary as inadequately enforcing inter- national regulations as to that vessel; and (3) at the end of its useful life, such equip- ment will be replaced with equipment that meets Federal Communications Commission equipment certification standards. (Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1816; amended Pub. L. 109–304, § 13(a)(7), Oct. 6, 2006, 120 Stat. 1701.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–304 substituted ‘‘section 55305(a) of this title’’ for ‘‘section 901(b)(1) of the Mer- chant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))’’. [§ 53109. Repealed. Pub. L. 112–239, div. C, title XXXV, § 3508(h), Jan. 2, 2013, 126 Stat. 2225] Section, Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1817, related to special rule re- garding age of participating fleet vessel. § 53110. Regulations The Secretary and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter. (Added Pub. L. 108–136, div. C, title XXXV, § 3531(a), Nov. 24, 2003, 117 Stat. 1817.) Statutory Notes and Related Subsidiaries INTERIM RULES Pub. L. 108–136, div. C, title XXXV, § 3533, Nov. 24, 2003, 117 Stat. 1818, provided that: ‘‘The Secretary of Transportation and the Secretary of Defense may each prescribe interim rules necessary to carry out their re- spective responsibilities under this subtitle [subtitle C (§§ 3531–3537) of title XXXV of div. C of Pub. L. 108–136, enacting this chapter, amending former section 12102 of this title and sections 808 and 1162 of the former Appen- dix to this title, repealing sections 1187 to 1187e and 1222 of the former Appendix to this title, enacting pro- visions set out as a note under section 53101 of this title, and amending provisions set out as a note under section 1187 of the former Appendix to this title] and the amendments made by this subtitle. For this pur- pose, the Secretaries are excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All interim rules pre- scribed under the authority of this section that are not earlier superseded by final rules shall expire no later than 270 days after the effective date of this subtitle [see Effective Date note set out under section 53101 of this title].’’ § 53111. Authorization of appropriations There are authorized to be appropriated for payments under section 53106, to remain avail- able until expended— (1) $300,000,000 for each of fiscal years 2018, 2019, and 2020; (2) $494,008,000 for fiscal year 2021; (3) $318,000,000 for each of fiscal years 2022, 2023, and 2024; (4) $390,000,000 for each of fiscal years 2025 and 2026; (5) $400,500,000 for each of fiscal years 2027 and 2028;