46 U.S.C. § 50505 — Consistent approval of existing categor-

Page 345 TITLE 46—SHIPPING § 50505 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50501(a) ...... 46 App.:802(a) (words before 3d comma and after 11th comma). Sept. 7, 1916, ch. 451, § 2(a)–(c), 39 Stat. 729; July 15, 1918, ch. 152, § 2, 40 Stat. 900; June 5, 1920, ch. 250, § 38, 41 Stat. 1008; Pub. L. 86–327, § 3, Sept. 21, 1959, 73 Stat. 597; Pub. L. 105–383, title IV, § 421, Nov. 13, 1998, 112 Stat. 3439. 46 App.:1244(c). June 29, 1936, ch. 858, title IX, § 905(c), 49 Stat. 2016; June 23, 1938, ch. 600, § 39(b), 52 Stat. 964; Pub. L. 86–327, § 4, Sept. 21, 1959, 73 Stat. 597. 50501(b) ...... 46 App.:802(a) (words between 3d and 11th com- mas). 50501(c) ...... 46 App.:802(b). 50501(d) ...... 46 App.:802(c). In subsection (a), the words ‘‘and with respect to a corporation under subchapter VI of this chapter, all di- rectors of the corporation are citizens of the United States’’ in 46 App. U.S.C. 1244(c) are omitted because part A of subchapter VI contains the operating-dif- ferential subsidy program which, under 46 App. U.S.C. 1185a, is being phased out, and part B of subchapter VI contains the Maritime Security Fleet program which is being repealed (effective October 1, 2005) and replaced by chapter 531 of title 46 as enacted by the Maritime Security Act of 2003. Thus, subchapter VI is being omit- ted from the revised title and will instead appear as a note under section 53101. The words ‘‘and, in the case of a corporation, partnership, or association operating a vessel on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States the amount of interest required to be owned by a citizen of the United States shall be not less than 75 per centum’’ in 46 App. U.S.C. 1244(c) are omitted as covered by the 75 percent ownership requirement for operation in the coastwise trade. In subsection (b)(1), the words ‘‘Territory, District, or possession thereof’’ are omitted because of the defini- tion of ‘‘State’’ in chapter 1 of the revised title. § 50502. Applicability to receivers, trustees, suc- cessors, and assigns This subtitle applies to receivers, trustees, successors, and assigns of any person to whom this subtitle applies. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1567.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50502 .......... 46 App.:803. Sept. 7, 1916, ch. 451, § 2(d), 39 Stat. 729; June 5, 1920, ch. 250, § 38, 41 Stat. 1008. § 50503. Oceanographic research vessels An oceanographic research vessel (as defined in section 2101 of this title) is deemed not to be engaged in trade or commerce. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1567.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50503 .......... 46 App.:441. Pub. L. 89–99, §§ 1, 3, 4, July 30, 1965, 79 Stat. 424. 46 App.:443. 46 App.:444. The definitions of ‘‘oceanographic research vessel’’ and ‘‘scientific personnel’’ in 46 App. U.S.C. 441 are omitted because substantially the same definitions are already in 46 U.S.C. 2101. The text of 46 App. U.S.C. 444 is omitted because sec- tion 10101(3) of title 46, which defines ‘‘seaman’’ for pur- poses of part G of subtitle II of title 46, already con- tains an exception for scientific personnel. Title 53 of the Revised Statutes, referred to [in] 46 App. U.S.C. 444, was previously codified principally in part G of subtitle II of title 46. § 50504. Sailing school vessels (a) DEFINITIONS.—In this section, the terms ‘‘sailing school instructor’’, ‘‘sailing school stu- dent’’, and ‘‘sailing school vessel’’ have the meaning given those terms in section 2101 of this title. (b) NOT SEAMEN.—A sailing school student or sailing school instructor is deemed not to be a seaman under— (1) parts B, F, and G of subtitle II of this title; or (2) the maritime law doctrines of mainte- nance and cure or warranty of seaworthiness. (c) NOT MERCHANT VESSEL OR ENGAGED IN TRADE OR COMMERCE.—A sailing school vessel is deemed not to be— (1) a merchant vessel under section 11101(a)–(c) of this title; or (2) a vessel engaged in trade or commerce. (d) EVIDENCE OF FINANCIAL RESPONSIBILITY.— The owner or charterer of a sailing school vessel shall maintain evidence of financial responsi- bility to meet liability for death or injury to sailing school students and sailing school in- structors on a voyage on the vessel. The amount of financial responsibility shall be at least $50,000 for each student and instructor. Finan- cial responsibility under this subsection may be evidenced by insurance or other adequate finan- cial resources. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50504(a) ...... 46 App.:446c. Pub. L. 97–322, title II, §§ 204, 205, 207, Oct. 15, 1982, 96 Stat. 1589. 50504(b) ...... 46 App.:446. 50504(c) ...... 46 App.:446b. Pub. L. 97–322, title II, § 206, Oct. 15, 1982, 96 Stat. 1590; Pub. L. 98–557, § 34(b), Oct. 30, 1984, 98 Stat. 2876. 50504(d) ...... 46 App.:446a. In subsection (b)(1), the words ‘‘parts B, F, and G of subtitle II of this title’’ are substituted for ‘‘the provi- sions of titles 52 and 53 of the Revised Statutes of the United States and any Act amendatory thereof or sup- plementary thereto’’ because the relevant provisions of titles 52 and 53 of the Revised Statutes were previously codified in parts B, F, and G of subtitle II of title 46. In subsection (c), references to 46 App. U.S.C. 291 and 883 are omitted for consistency with section 50503 of the revised title. § 50505. Consistent approval of existing categor- ical exclusions In accordance with section 139 of title 23, the Maritime Administrator may approve any ac- tion qualifying as a categorical exclusion appli- cable to the Federal Highway Administration, the Federal Transit Administration, or the Fed- eral Railroad Administration when the applica- Page 346 TITLE 46—SHIPPING § 51101 ble requirements of that categorical exclusion have been met that are in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any other applicable law. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or pub- lish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law. (Added Pub. L. 118–159, div. C, title XXXV, § 3511(b)(1), Dec. 23, 2024, 138 Stat. 2306.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Statutory Notes and Related Subsidiaries ESTABLISHING APPLICABLE CATEGORICAL EXCLUSIONS Pub. L. 118–159, div. C, title XXXV, § 3511(c), Dec. 23, 2024, 138 Stat. 2306, provided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section [Dec. 23, 2024], the Mari- time Administrator shall issue a notice in the Federal Register including the categorical exclusions in use as of the date of enactment of this section by the Mari- time Administration for actions or projects the Mari- time Administration oversees. The Maritime Adminis- trator may subsequently update such categorical exclu- sions. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Adminis- tration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law. ‘‘(2) SURVEY AND PROPOSED RULEMAKING.—Not later than 1 year after the date of enactment of this section, the Maritime Administrator shall— ‘‘(A) survey the use of categorical exclusions by the Maritime Administration with respect to projects initiated during or after 2015; ‘‘(B) publish on a public website the results of that survey, which shall include a description of the types of actions categorically excluded and any additional categorical exclusions that were legally available to the Maritime Administrator from other operating ad- ministrations and the Department of the Army but were or were not adopted; and ‘‘(C) publish a notice of proposed rulemaking to propose new Maritime Administration categorical ex- clusions for projects and a process by which the Mari- time Administration will update the list of categor- ical exclusions to reflect lessons learned in grant ad- ministration and project construction. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) CATEGORICAL EXCLUSIONS.—The term ‘categor- ical exclusion’ has the meaning given the term in sec- tion 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). ‘‘(B) PROJECT.—The term ‘project’ means an eligible project as described in section 54301(a)(3) of title 46, United States Code.’’ PART B—MERCHANT MARINE SERVICE CHAPTER 511—GENERAL Sec. 51101. Policy. Sec. 51102. Definitions. 51103. General authority of Secretary of Transpor- tation. 51104. General authority of Secretary of the Navy. § 51101. Policy It is the policy of the United States that mer- chant marine vessels of the United States should be operated by highly trained and effi- cient citizens of the United States and that the United States Navy and the merchant marine of the United States should work closely together to promote the maximum integration of the total seapower forces of the United States. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 51101 .......... 46 App.:1126–1(a) (1st sentence). Pub. L. 94–361, title VI, § 603(a) (1st sentence), July 14, 1976, 90 Stat. 929. 46 App.:1295 (1st sen- tence). June 29, 1936, ch. 858, title XIII, § 1301 (1st sentence), as added Pub. L. 96–453, § 2, Oct. 15, 1980, 94 Stat. 1997. § 51102. Definitions In this part: (1) ACADEMY.—The term ‘‘Academy’’ means the United States Merchant Marine Academy located at Kings Point, New York, and main- tained under chapter 513 of this title. (2) COST OF EDUCATION PROVIDED.—The term ‘‘cost of education provided’’ means the finan- cial costs incurred by the United States Gov- ernment for providing training or financial as- sistance to students at the Academy and the State maritime academies, including direct fi- nancial assistance, room, board, classroom academics, and other training activities. (3) MERCHANT MARINE OFFICER.—The term ‘‘merchant marine officer’’ means an indi- vidual issued a license by the Coast Guard au- thorizing service as— (A) a master, mate, or pilot on a docu- mented vessel that— (i) is of at least 1,000 gross tons as meas- ured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec- retary under section 14104 of this title; and (ii) operates on the oceans or the Great Lakes; or (B) an engineer officer on a documented vessel propelled by machinery of at least 4,000 horsepower. (4) STATE MARITIME ACADEMY.—The term ‘‘State maritime academy’’ means— (A) a State maritime academy or college sponsored by a State and assisted under chapter 515 of this title; and (B) a regional maritime academy or col- lege sponsored by a group of States and as- sisted under chapter 515 of this title. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1568.)