46 U.S.C. § 55331 — Definitions

Page 491 TITLE 46—SHIPPING § 55332 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(15) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. § 55315. Minimum tonnage (a) DEFINITION.—In this section, the term ‘‘base period’’ means the 5-year period running from the sixth through the second prior fiscal years. (b) REQUIREMENT.—For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in sec- tion 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years. (c) WAIVERS.—The President may waive the minimum quantity for a fiscal year under this section if the President determines and reports to Congress, together with reasons, that the quantity cannot be used effectively for the pur- poses of those programs or, based on a certifi- cation by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1646; Pub. L. 112–141, div. F, title I, § 100124(c)(1), July 6, 2012, 126 Stat. 915.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55315 .......... 46 App.:1241g. June 29, 1936, ch. 858, title IX, § 901c, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1493. In subsection (b), the words ‘‘For fiscal year 1986 and’’ are omitted as obsolete. Editorial Notes AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141 substituted ‘‘speci- fied in section 55314(b)’’ for ‘‘subject to section 55314’’. [§§ 55316, 55317. Repealed. Pub. L. 113–67, div. A, title VI, § 602(a), Dec. 26, 2013, 127 Stat. 1188] Section 55316, Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1647; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 112–141, div. F, title I, § 100124(b), (c)(2), July 6, 2012, 126 Stat. 915, re- lated to financing the transportation of agricultural commodities. Section 55317, Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 112–141, div. F, title I, § 100124(c)(3), July 6, 2012, 126 Stat. 915, provided for the termination of this subchapter 90 days after the notification under section 55316(f) of this title is made, subject to certain exceptions. § 55318. Effect on other law This subchapter does not affect chapter 5 of title 5. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55318 .......... 46 App.:1241p. Pub. L. 99–198, title XI, § 1143, Dec. 23, 1985, 99 Stat. 1496. The words ‘‘section 1707a(b)(8) of title 7’’ are omitted because the provision referred to has been repealed. SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS § 55331. Definitions In this subchapter: (1) AMERICAN GREAT LAKES VESSEL.—The term ‘‘American Great Lakes vessel’’ means a vessel so designated under section 55332 of this title, but only during the period the designa- tion is in effect. (2) GREAT LAKES.—The term ‘‘Great Lakes’’ means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Lawrence River west of Saint Regis, New York, and their connecting and tributary wa- ters. (3) GREAT LAKES SHIPPING SEASON.—The term ‘‘Great Lakes shipping season’’ means the pe- riod each year during which the Saint Law- rence Seaway is open for navigation by ves- sels, as declared by the Great Lakes St. Law- rence Seaway Development Corporation. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(E), Dec. 27, 2020, 134 Stat. 2757.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55331 .......... 46 App.:1241v. Pub. L. 101–624, title XV, § 1527, Nov. 28, 1990, 104 Stat. 3668. In paragraph (1), the words ‘‘but only during the pe- riod the designation is in effect’’ are added for clarity. In paragraph (3), the words ‘‘created by the Act of May 13, 1954 (33 U.S.C. 981 et seq.)’’ are omitted as un- necessary. The definition of ‘‘Secretary’’ in 46 App. U.S.C. 1241v(4) is omitted as unnecessary because the full title of the Secretary of Transportation is used the first time the Secretary is referred to in each section. Editorial Notes AMENDMENTS 2020—Par. (3). Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corpora- tion’’. § 55332. Designating American Great Lakes ves- sels (a) DESIGNATIONS.—The Secretary of Transpor- tation shall designate a vessel as an American Great Lakes vessel if— (1) an application for designation is sub- mitted to the Secretary under regulations pre- scribed by the Secretary; (2) the vessel is documented under the laws of the United States;