46 U.S.C. § 55332 — Designating American Great Lakes ves-

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 Repealed.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; Page 492 TITLE 46—SHIPPING § 55333 (3) the vessel, on the effective date of the designation, is— (A) at least 1, but not more than 6, years old; or (B) at least 1, but not more than 11, years old if the Secretary finds that suitable ves- sels are not available to provide the type of service for which the vessel will be used after the designation; (4) the vessel has not previously been des- ignated as an American Great Lakes vessel; and (5) the owner makes an agreement as pro- vided under subsection (b). (b) AGREEMENTS.—A vessel may be designated as an American Great Lakes vessel only if the person that will be the owner of the vessel at the time of the designation makes an agreement with the Secretary providing that if the Sec- retary determines that the vessel is necessary to the defense of the United States, the United States Government will have an exclusive right, during the 120-day period following the date of a revocation of the designation under section 55335 of this title, to purchase the vessel for a price equal to the greater of— (1) the approximate world market value of the vessel; or (2) the cost of the vessel to the owner less a reasonable amount for depreciation. (c) CERTAIN FOREIGN DOCUMENTATION AND SALE NOT PROHIBITED.—Notwithstanding any other law, if the Government does not exercise its right of purchase under an agreement under sub- section (b), the owner of the vessel is not prohib- ited from— (1) documenting the vessel under the laws of a foreign country; or (2) selling the vessel to a person not a citizen of the United States. (d) REGULATIONS.—The Secretary shall pre- scribe regulations establishing requirements for submitting applications under this section. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55332 .......... 46 App.:1241r. Pub. L. 101–624, title XV, § 1522, Nov. 28, 1990, 104 Stat. 3665. In subsection (a), the words ‘‘for purposes of sections 1241q to 1241v of this Appendix’’ are omitted as unneces- sary. In subsection (c), before paragraph (1), the words ‘‘construction and purchase’’ before ‘‘agreement’’ are omitted because the source provision for subsection (b) does not say anything about construction. In subsection (d), the words ‘‘Not later than 60 days after November 28, 1990’’ are omitted as obsolete. § 55333. Exemption from restriction on trans- porting certain cargo The 3-year documentation requirement of sec- tion 55305(a) of this title does not apply to a ves- sel designated as an American Great Lakes ves- sel during the period of its designation. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55333 .......... 46 App.:1241q. Pub. L. 101–624, title XV, § 1521, Nov. 28, 1990, 104 Stat. 3665. This section is substituted for the source provisions to eliminate unnecessary words. § 55334. Restrictions on operations (a) PROHIBITIONS.—Except as provided in sub- section (b), an American Great Lakes vessel may not be used to— (1) engage in trade— (A) from a port in the United States that is not located on the Great Lakes; or (B) between ports in the United States; (2) transport bulk cargo (as defined in sec- tion 40102 of this title) that is subject to sec- tion 55305 or 55314 of this title or section 2631 of title 10; or (3) provide a service (except ocean freight service) as— (A) a contract carrier; or (B) a common carrier on a fixed advertised schedule offering frequent sailings at regular intervals in the foreign trade of the United States. (b) OFF-SEASON EXCEPTION.—An American Great Lakes vessel may be used for not more than 90 days during any 12-month period to en- gage in trade prohibited by subsection (a)(1)(A), except during the Great Lakes shipping season. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55334 .......... 46 App.:1241s. Pub. L. 101–624, title XV, § 1523, Nov. 28, 1990, 104 Stat. 3666. § 55335. Revocations and terminations of des- ignations (a) REVOCATIONS.—After notice and an oppor- tunity for a hearing, the Secretary of Transpor- tation may revoke a designation of a vessel as an American Great Lakes vessel if the Secretary finds that— (1) the vessel does not meet a requirement for the designation; (2) the vessel has been operated in violation of this subchapter; or (3) the owner or operator of the vessel has violated an agreement made under section 55332(b) of this title. (b) TERMINATIONS.—On petition and a showing of good cause by the owner of a vessel, the Sec- retary may terminate the designation of a ves- sel as an American Great Lakes vessel. The Sec- retary may impose conditions in a termination order to prevent significant adverse effects on other operators of vessels of the United States. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1650.)