46 U.S.C. § 50103 — Determinations of essential services

Page 327 TITLE 46—SHIPPING § 50104 Editorial Notes AMENDMENTS 2009—Subsec. (a)(4). Pub. L. 111–84 inserted ‘‘con- structed in the United States’’ after ‘‘vessels’’. § 50102. Survey of merchant marine (a) IN GENERAL.—The Secretary of Transpor- tation shall survey the merchant marine of the United States to determine whether replace- ments and additions are required to carry out the objectives and policy of section 50101 of this title. The Secretary shall study, perfect, and adopt a long-range program for replacements and additions that will result, as soon as prac- ticable, in— (1) an adequate and well-balanced merchant fleet, including vessels of all types, that will provide shipping service essential for main- taining the flow of foreign commerce by ves- sels designed to be readily and quickly con- vertible into transport and supply vessels in a time of national emergency; (2) ownership and operation of the fleet by citizens of the United States insofar as prac- ticable; (3) vessels designed to afford the best and most complete protection for passengers and crew against fire and all marine perils; and (4) an efficient capacity for building and re- pairing vessels in the United States with an adequate number of skilled personnel to pro- vide an adequate mobilization base. (b) COOPERATION WITH SECRETARY OF NAVY.— In carrying out subsection (a)(1), the Secretary of Transportation shall cooperate closely with the Secretary of the Navy as to national defense requirements. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50102 .......... 46 App.:1120. June 29, 1936, ch. 858, title II, § 210, 49 Stat. 1989; Pub. L. 91–469, §§ 3, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub.L. 97–31, § 12(67) (re- lated to § 210), Aug. 6, 1981, 95 Stat. 159. § 50103. Determinations of essential services (a) ESSENTIAL SERVICES, ROUTES, AND LINES.— (1) IN GENERAL.—The Secretary of Transpor- tation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Sec- retary determines to be essential for the pro- motion, development, expansion, and mainte- nance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to— (A) the cost of maintaining each line; (B) the probability that a line cannot be maintained except at a heavy loss dispropor- tionate to the benefit to foreign trade; (C) the number of voyages and types of vessels that should be employed in a line; (D) the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other na- tional requirements; and (E) any other facts and conditions a pru- dent business person would consider when dealing with the person’s own business. (2) SAINT LAWRENCE SEAWAY.—For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the sea- sonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis. (b) BULK CARGO CARRYING SERVICES.—The Sec- retary shall investigate, determine, and keep current records of the bulk cargo carrying serv- ices that should be provided by vessels of the United States (whether or not operating on par- ticular services, routes, or lines) for the pro- motion, development, expansion, and mainte- nance of the foreign commerce of the United States and the national defense or other na- tional requirements. (c) TYPES OF VESSELS.—The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in— (1) the services, routes, or lines described in subsection (a), and the frequency and regu- larity of the voyages of the vessels, with a view to furnishing adequate, regular, certain, and permanent service; and (2) the bulk cargo carrying services de- scribed in subsection (b). (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50103(a)(1) .. 46 App.:1121(a). June 29, 1936, ch. 858, title II, § 211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§ 4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159. 50103(a)(2) .. 46 App.:1213(a) (3d sentence related to 1121(a)). June 29, 1936, ch. 858, title VIII, § 809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, § 1604, Aug. 13, 1981, 95 Stat. 751. 50103(b) ...... 46 App.:1121(b). 50103(c) ...... 46 App.:1121(c). § 50104. Studies of general maritime problems The Secretary of Transportation shall study all maritime problems arising in carrying out the policy in section 50101 of this title. (Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1558.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50104 .......... 46 App.:1122(a). June 29, 1936, ch. 858, title II, § 212(a), 49 Stat. 1990; Aug. 6, 1981, Pub. L. 97–31, § 12(69), 95 Stat. 159.