-CITE- 46 USC CHAPTER 553 - PASSENGER AND CARGO PREFERENCES 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES -HEAD- CHAPTER 553 - PASSENGER AND CARGO PREFERENCES -MISC1- SUBCHAPTER I - GENERAL Sec. 55301. Priority loading for coal. 55302. Transportation of United States Government personnel. 55303. Motor vehicles owned by United States Government personnel. 55304. Exports financed by the United States Government. 55305. Cargoes procured, furnished, or financed by the United States Government. SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES 55311. Findings and purposes. 55312. Determining prevailing world market price. 55313. Exemption of certain agricultural exports from cargo preference provisions. 55314. Transportation requirements for certain exports sponsored by the Secretary of Agriculture. 55315. Minimum tonnage. 55316. Financing the transportation of agricultural commodities. 55317. Termination of subchapter. 55318. Effect on other law. SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS 55331. Definitions. 55332. Designating American Great Lakes vessels. 55333. Exemption from restriction on transporting certain cargo. 55334. Restrictions on operations. 55335. Revocations and terminations of designations. 55336. Civil penalty. -End- -CITE- 46 USC SUBCHAPTER I - GENERAL 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 46 USC Sec. 55301 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- Sec. 55301. Priority loading for coal -STATUTE- A vessel engaged in the coastwise transportation of coal produced in the United States, from a port in the United States to another port in the United States, shall be given priority in loading at any of those ports ahead of a waiting vessel engaged in the export transportation of coal produced in the United States. However, if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate this priority loading at any port. The Secretary shall report to Congress within 30 days an action eliminating priority loading under this section. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55301 46 App.:1121-1. Pub. L. 96-387, Sec. 5, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 97-31, Sec. 12(68), Aug. 6, 1981, 95 Stat. 159; Pub. L. 99-662, title IX, Sec. 947, Nov. 17, 1986, 100 Stat. 4200. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 55302 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- Sec. 55302. Transportation of United States Government personnel -STATUTE- (a) In General. - An officer or employee of the United States Government traveling by sea on official business overseas or to or from a territory or possession of the United States shall travel and transport personal effects on a vessel documented under the laws of the United Sates if such a vessel is available, unless the necessity of the mission requires the use of a foreign vessel. (b) Regulations. - The Administrator of General Services shall prescribe regulations under which agencies may not pay for or reimburse an officer or employee for travel or transportation expenses incurred on a foreign vessel in the absence of satisfactory proof of the necessity of using the vessel. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55302 46 App.:1241(a). June 29, 1936, ch. 858, title IX, Sec. 901(a), 49 Stat. 2015; Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 104-316, title I, Sec. 125, Oct. 19, 1996, 110 Stat. 3839. -------------------------------------------------------------------- In subsection (a), the words "by sea" are added for clarity. The words "a territory or possession of the United States" are substituted for "any of the possessions of the United States" for consistency in the revised title. EXEMPTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22, Foreign Relations and Intercourse. -End- -CITE- 46 USC Sec. 55303 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- Sec. 55303. Motor vehicles owned by United States Government personnel -STATUTE- Notwithstanding any other law, privately-owned American shipping services may be used to transport motor vehicles owned by personnel of the United States Government whenever transportation of those vehicles at Government expense is otherwise authorized by law. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55303 46 App.:1241(c). June 29, 1936, ch. 858, title IX, Sec. 901(c), as added May 28, 1956, ch. 325, 70 Stat. 187. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 55304 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- Sec. 55304. Exports financed by the United States Government -STATUTE- It is the sense of Congress that any loans made by an instrumentality of the United States Government to foster the exporting of agricultural or other products shall provide that the products may be transported only on vessels of the United States unless, as to any or all of those products, the Secretary of Transportation, after investigation, certifies to the instrumentality that vessels of the United States are not available in sufficient number, in sufficient tonnage capacity, on necessary schedules, or at reasonable rates. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55304 46 App.:1241-1. Mar. 26, 1934, ch. 90, 48 Stat. 500; June 29, 1936, ch. 858, Sec. 204, 49 Stat. 1987; Pub. L. 97-31, Sec. 12(127), Aug. 6, 1981, 95 Stat. 165. -------------------------------------------------------------------- This section codifies the Joint Resolution of March 26, 1934 (ch. 90, 48 Stat. 500) (also commonly known as Public Resolution 17). The codification of this provision is not intended to change its status as a "Sense of Congress" provision in any way. The words "Reconstruction Finance Corporation or" are omitted as obsolete because the Reconstruction Finance Corporation was abolished by section 6 of Reorganization Plan No. 1 of 1957 (5 App. U.S.C.). -End- -CITE- 46 USC Sec. 55305 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER I - GENERAL -HEAD- Sec. 55305. Cargoes procured, furnished, or financed by the United States Government -STATUTE- (a) Definition. - In this section, the term "privately-owned commercial vessel of the United States" does not include a vessel that, after September 21, 1961, was built or rebuilt outside the United States or documented under the laws of a foreign country, until the vessel has been documented under the laws of the United States for at least 3 years. (b) Minimum Tonnage. - When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas. (c) Waivers. - The President, the Secretary of Defense, or Congress (by concurrent resolution or otherwise) may waive this section temporarily by - (1) declaring the existence of an emergency justifying a waiver; and (2) notifying the appropriate agencies of the waiver. (d) Programs of Other Agencies. - (1) Each department or agency that has responsibility for a program under this section shall administer that program with respect to this section under regulations and guidance issued by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining if a program is subject to the requirements of this section. (2) The Secretary - (A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as subject to the requirements of this section; (B) may direct agencies to require the transportation on United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of this section; (C) may impose on any person that violates this section, or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and (D) may take other measures as appropriate under the Federal Acquisition Regulations issued pursuant to section 25(c)(1) (!1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1) (!2) or contract with respect to each violation. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1642; Pub. L. 110-417, div. C, title XXXV, Sec. 3511(a), (b), Oct. 14, 2008, 122 Stat. 4769.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55305(a) 46 App.:1241(b)(1) June 29, 1936, ch. 858, (2d, last provisos). title IX, Sec. 901(b), as added Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 87-266, Sept. 21, 1961, 75 Stat. 565; Pub. L. 91-469, Sec. 27, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 97-31, Sec. 12(126), Aug. 6, 1981, 95 Stat. 165. 55305(b) 46 App.:1241(b)(1) (words before 1st proviso). 55305(c) 46 App.:1241(b)(1) (1st proviso). 55305(d) 46 App.:1241(b)(2). -------------------------------------------------------------------- In this section, the words "commercial vessels of the United States" are substituted for "United States-flag commercial vessels" for consistency in the revised title. In subsection (a), the words "the provisions of this subsection shall not apply to cargoes carried in the vessels of the Panama Canal Company" are omitted as obsolete. The words "Nothing herein shall repeal or otherwise modify the provisions of section 1241-1 of this Appendix" are omitted as unnecessary. The last proviso in 46 App. U.S.C. 1241(b)(1) is omitted as obsolete. -REFTEXT- REFERENCES IN TEXT Section 25(c)(1) of the Office of Federal Procurement Policy Act, referred to in subsec. (d)(2)(D), was classified to section 421(c)(1) of former Title 41, Public Contracts, and was repealed and restated as section 1303(a)(1) of Title 41, Public Contracts, by Pub. L. 111-350, Secs. 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. -MISC2- AMENDMENTS 2008 - Subsec. (b). Pub. L. 110-417, Sec. 3511(a), substituted "foreign country, organization, or persons" for "foreign country", "commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within" for "commodities, within", and "furnishing or obtaining" for "furnishing". Subsec. (d). Pub. L. 110-417, Sec. 3511(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "An agency having responsibility under this section shall administer its programs with respect to this section under regulations prescribed by the Secretary of Transportation. The Secretary shall review the administration of those programs and report annually to Congress on their administration." REGULATIONS Pub. L. 110-417, div. C, title XXXV, Sec. 3511(c), Oct. 14, 2008, 122 Stat. 4770, provided that: "The Secretary of Transportation shall prescribe such rules as are necessary to carry out section 55305(d) of title 46, United States Code. The Secretary may prescribe interim rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect until superseded by a final rule." -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be followed by a second closing parenthesis. -End- -CITE- 46 USC SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -End- -CITE- 46 USC Sec. 55311 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55311. Findings and purposes -STATUTE- (a) Findings. - Congress finds that - (1) a productive and healthy agricultural industry and a strong and active United States maritime industry are vitally important to the economic well-being and security of the United States; (2) both industries must compete in international markets increasingly dominated by foreign trade barriers and the subsidization practices of foreign governments; and (3) increased agricultural exports and the use of merchant vessels of the United States contribute positively to the United States balance of trade and generate employment opportunities in the United States. (b) Purposes. - The purposes of this subchapter are to - (1) enable the Secretary of Agriculture to plan export programs effectively, by clarifying the ocean transportation requirements applicable to those programs; (2) take immediate and positive steps to promote the growth of the cargo-carrying capacity of the United States merchant marine; (3) expand international trade in United States agricultural commodities and products and develop, maintain, and expand markets for United States agricultural exports; (4) improve the efficiency of administration of both the commodity purchasing and selling activities and the ocean transportation activities associated with export programs sponsored by the Secretary; (5) stimulate and promote the agricultural and maritime industries of the United States and encourage cooperative efforts by both industries to address their common problems; and (6) provide for the appropriate disposition of these findings and purposes. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1643.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55311 46 App.:1241d. Pub. L. 99-198, title XI, Sec. 1141, Dec. 23, 1985, 99 Stat. 1490. -------------------------------------------------------------------- In subsection (a)(1), the word "security" is substituted for "national security objectives" to eliminate unnecessary words. In subsection (b), the words "Secretary of Agriculture" in paragraph (1) and "Secretary" in paragraph (4) are substituted for "Department of Agriculture" because all functions of the Department are vested in the Secretary under 7 U.S.C. 2202 and 6911 and Reorganization Plan No. 2 of 1953 (5 App. U.S.C.). -End- -CITE- 46 USC Sec. 55312 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55312. Determining prevailing world market price -STATUTE- (a) Agricultural Commodities and Products. - The prevailing world market price for agricultural commodities or their products shall be determined under this subchapter under procedures prescribed by the Secretary of Agriculture. The Secretary shall prescribe the procedures by regulation, with notice and opportunity for public comment under section 553 of title 5. (b) Services and Non-Agricultural Commodities and Products. - If a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required to determine whether a barter or exchange transaction is subject to section 55314(b)(6) or (7) of this title, the determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate agencies. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1644.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55312 46 App.:1241f(e). June 29, 1936, ch. 858, title IX, Sec. 901b(e), as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1492. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 55313 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55313. Exemption of certain agricultural exports from cargo preference provisions -STATUTE- Sections 55304 and 55305 of this title do not apply to export activities of the Secretary of Agriculture or the Commodity Credit Corporation under which - (1) agricultural commodities or their products acquired by the Corporation are made available to United States exporters, users, processors, or foreign purchasers for the purpose of developing, maintaining, or expanding export markets for United States agricultural commodities or their products at prevailing world market prices; (2) payments are made available to United States exporters, users, or processors or, except as provided in section 55314 of this title, cash grants are made available to foreign purchasers, for the purpose described in paragraph (1); (3) commercial credit guarantees are blended with direct credits from the Corporation to reduce the effective rate of interest on export sales of United States agricultural commodities or their products; (4) credit or credit guarantees for not more than 3 years are extended by the Corporation to finance or guarantee export sales of United States agricultural commodities or their products; or (5) agricultural commodities or their products owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services at least equal in value to the agricultural commodities or their products for which they are exchanged or bartered (determined on the basis of prevailing world market prices at the time of the exchange or barter), but this paragraph does not exempt from the cargo preference provisions referred to in section 55314(b) of this title any requirement otherwise applicable to the materials, goods, equipment, or services imported under the transaction. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1644.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55313 46 App.:1241e. June 29, 1936, ch. 858, title IX, Sec. 901a, as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1490. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 55314 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55314. Transportation requirements for certain exports sponsored by the Secretary of Agriculture -STATUTE- (a) Minimum Tonnage. - (1) In general. - In addition to the requirement under section 55305 of this title for the transportation of a percentage of gross tonnage on commercial vessels of the United States, 25 percent of the gross tonnage of agricultural commodities or their products specified in subsection (b) shall be transported each fiscal year on commercial vessels of the United States that - (A) are necessary for national security; and (B) if more than 25 years old, were rebuilt within the last 5 years and certified by the Secretary of Transportation as having a useful life of at least 5 years after that rebuilding. (2) Fiscal year. - To provide for effective and equitable administration of the cargo preference laws, the fiscal year for the purpose of compliance with minimum percentage requirements is the 12-month period beginning October 1 of each year. (b) Applicable Export Activity. - This section applies to export activity (except inspection or weighing activities, other activities carried out for health or safety, or technical assistance provided in the handling of commercial transactions) of the Secretary of Agriculture or the Commodity Credit Corporation - (1) carried out under the Food for Peace Act (7 U.S.C. 1691 et seq.); (2) carried out under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (3) carried out under the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1); (4) under which agricultural commodities or their products are - (A) donated through foreign governments or private or public agencies, including intergovernmental organizations; or (B) sold for foreign currencies or for dollars on credit terms of more than 10 years; (5) under which agricultural commodities or their products are made available for emergency food relief at less than prevailing world market prices; (6) under which a cash grant is made directly or through an intermediary to a foreign purchaser to enable the purchaser to obtain United States agricultural commodities or their products in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at a United States port; or (7) under which agricultural commodities owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services produced in foreign countries, except export activities described in section 55313(5) of this title. (c) Additional Requirements. - (1) Application of section 55305. - The requirement for transportation on vessels of the United States under subsection (a) is subject to the same terms and conditions as provided in section 55305 of this title. (2) Allocation of commodities. - Subject to paragraph (3), in carrying out this section and section 55305 of this title, the Corporation shall take steps necessary and practicable, and consistent with this section and section 55305, without detriment to any port range to allocate, on the principle of lowest landed cost without regard to the country of registry of the vessel, 25 percent of the bagged, processed, or fortified commodities provided under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.). (3) Calculations. - In carrying out paragraph (2), first there shall be calculated the allocation of 100 percent of the quantity to be procured on an overall lowest landed cost basis without regard to the country of registry of the vessel, and then there shall be allocated to the Great Lakes port range any cargoes for which it has the lowest landed cost under that calculation. The requirements for transportation on vessels of the United States under this section and section 55305 of this title do not apply to commodities allocated to the Great Lakes port range under paragraph (2). Commodities allocated to the Great Lakes port range under paragraph (2) may not be reallocated or diverted to another port range to meet those requirements to the extent that the total tonnage of commodities to which paragraph (2) applies that is furnished and transported from the Great Lakes port range is less than 25 percent of the total annual tonnage of the commodities furnished. (4) Awarding contracts. - In awarding a contract for the transportation by vessel of commodities from the Great Lakes port range pursuant to an export activity referred to in subsection (b), an agency - (A) shall consider expressions of freight interest for any vessel from a vessel operator who meets reasonable requirements for financial and operational integrity; and (B) may not deny award of the contract to a person based on the type of vessel on which the transportation would be provided (including on the basis that the transportation would not be provided on a liner vessel, as that term is used in the Shipping Act of 1984, as in effect on November 14, 1995), if the person otherwise satisfies reasonable requirements for financial and operational integrity. (5) Nonavailability of vessels. - A determination of nonavailability of vessels of the United States resulting from the application of this subsection may not reduce the gross tonnage of commodities required by this section and section 55305 of this title to be transported on vessels of the United States. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1645; Pub. L. 110-246, title III, Sec. 3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 110-417, div. C, title XXXV, Sec. 3511(d), Oct. 14, 2008, 122 Stat. 4770; Pub. L. 111-84, div. A, title X, Sec. 1073(c)(15), Oct. 28, 2009, 123 Stat. 2475.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55314(a)(1) 46 App.:1241f(a). June 29, 1936, ch. 858, title IX, Sec. 901b(a)-(d), as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1491; Pub. L. 101-624, title XV, Sec. 1525, Nov. 28, 1990, 104 Stat. 3667; Pub. L. 104-239, Sec. 17, Oct. 8, 1996, 110 Stat. 3138; Pub. L. 108-136, title XXXV, Sec. 3514, Nov. 24, 2003, 117 Stat. 1792. 46 App.:1241o. June 29, 1936, ch. 858, title IX, Sec. 901k, as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1496. 55314(a)(2) 46 App.:1241f(c)(2). 55314(b) 46 App.:1241f(b), (d). 55314(c) 46 App.:1241f(c)(1), (3), (4). -------------------------------------------------------------------- In this section, the words "commercial vessels of the United States" are substituted for "United States-flag commercial vessels" for consistency in the revised title. In subsection (a)(1), before subparagraph (A), the text of 46 App. U.S.C. 1241f(a)(2)(A) and (B) is omitted as obsolete. Subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1241o to improve the organization and to eliminate unnecessary words. In subsection (a)(2), the words "the 12-month period beginning October 1 of each year" are substituted for "12 month periods commencing April 1, 1986, the 18-month period beginning April 1, 2002, and the 12-month period beginning October 1, 2003, and each year thereafter" to eliminate obsolete and unnecessary language. In subsection (c)(4), before subparagraph (A), the words "or instrumentality" are omitted as unnecessary because of the definition of "agency" in chapter 1. -REFTEXT- REFERENCES IN TEXT The Food for Peace Act, referred to in subsecs. (b)(1) and (c)(2), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. Title II of the Act is classified generally to subchapter III (Sec. 1721 et seq.) of chapter 41 of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The Shipping Act of 1984, referred to in subsec. (c)(4)(B), is Pub. L. 98-237, Mar. 20, 1984, 98 Stat. 67, which was classified principally to chapter 36 (Sec. 1701 et seq.) of the former Appendix to this title. The Act was primarily repealed and restated in part A of subtitle IV of this title by Pub. L. 109-304, Secs. 7, 19, Oct. 6, 2006, 120 Stat. 1523, 1710. For complete classification of Pub. L. 98-237 to the Code, see Tables. For disposition of sections of the former Appendix to this title, see Disposition Table preceding section 101 of this title. -MISC2- AMENDMENTS 2009 - Subsec. (a). Pub. L. 111-84 amended directory language of Pub. L. 110-417, Sec. 3511(d). See 2008 Amendment notes below. 2008 - Subsec. (a). Pub. L. 110-417, Sec. 3511(d), as amended by Pub. L. 111-84, substituted "fiscal" for "calendar" in two places in text. Subsec. (a)(2). Pub. L. 110-417, Sec. 3511(d), as amended by Pub. L. 111-84, which directed substitution of "fiscal" for "calendar" in heading, was executed by substituting "Fiscal" for "Calendar" to reflect the probable intent of Congress. Subsecs. (b)(1), (c)(2). Pub. L. 110-246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954". EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title X, Sec. 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 Effective Date note under section 8701 of Title 7, Agriculture. -End- -CITE- 46 USC Sec. 55315 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55315. Minimum tonnage -STATUTE- (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 subject to section 55314 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 purposes of those programs or, based on a certification by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1646.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55315 46 App.:1241g. June 29, 1936, ch. 858, title IX, Sec. 901c, as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1493. -------------------------------------------------------------------- In subsection (b), the words "For fiscal year 1986 and" are omitted as obsolete. -End- -CITE- 46 USC Sec. 55316 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55316. Financing the transportation of agricultural commodities -STATUTE- (a) Financing of Increased Charges. - The Secretary of Transportation shall finance any increased ocean freight charges incurred in any fiscal year that result from the application of section 55314 of this title. (b) Reimbursement of Increased Charges. - (1) In general. - The Secretary of Transportation shall reimburse the Secretary of Agriculture and the Commodity Credit Corporation for the amount by which, in any fiscal year - (A) the total cost of ocean freight and ocean freight differential for which obligations are incurred by the Secretary of Agriculture and the Corporation on exports of agricultural commodities and their products under the agricultural export programs specified in section 55314(b) of this title; exceeds (B) 20 percent of the value of the commodities and their products and the cost of the ocean freight and ocean freight differential on which obligations are incurred by the Secretary of Agriculture and the Corporation during that fiscal year. (2) Commodities shipped from inventory. - For purposes of this subsection, commodities shipped from the inventory of the Corporation shall be valued as provided in section 412(d) of the Food for Peace Act (7 U.S.C. 1736f(d)). (c) Issuance and Purchase of Obligations. - (1) Issuance. - To meet the expenses required to be assumed under subsections (a) and (b), the Secretary of Transportation shall issue obligations to the Secretary of the Treasury. The Secretary of Transportation, with the approval of the Secretary of the Treasury, shall prescribe the form, denomination, maturity, and other terms (except the interest rate) of the obligations. The Secretary of the Treasury shall set the interest rate for the obligations, considering the average market yield on outstanding marketable obligations of the United States Government of comparable maturities during the month before the obligations are issued. (2) Purchase. - The Secretary of the Treasury shall purchase the obligations issued under this subsection. To purchase the obligations, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of securities issued under chapter 31 of title 31. The purposes for which securities may be issued under that chapter are extended to include the purchase of obligations under this subsection. A redemption or purchase of the obligations by the Secretary of the Treasury is a public debt transaction of the Government. (d) Source of Funds for Reimbursement. - Reimbursement of the Secretary of Transportation for costs incurred under this section shall be made with appropriated funds rather than through cancellation of notes. (e) Appropriations. - (1) Authorization. - Each fiscal year, there is authorized to be appropriated an amount sufficient to reimburse the Secretary of Transportation for the costs incurred under this section, including administrative expenses and the principal and interest due on obligations issued to the Secretary of the Treasury. (2) Appropriation for administrative expenses. - Each fiscal year, such amounts as may be necessary are hereby appropriated to pay interest and to liquidate debt on obligations issued to the Secretary of the Treasury under this section. (f) Notification to Congress of Insufficiency. - If the Secretary of Transportation is unable to obtain the funds necessary to finance the increased ocean freight charges resulting from the requirements of subsections (a) and (b) and section 55314(a) of this title, the Secretary shall notify Congress within 10 working days of the discovery of the insufficiency. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1647; Pub. L. 110-246, title III, Sec. 3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55316(a) 46 App.:1241h(a). June 29, 1936, ch. 858, title IX, Sec. 901d, as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1493. 55316(b) 46 App.:1241h(b). 55316(c) 46 App.:1241h(c). 55316(d) 46 App.:1241h(d) (last sentence). 55316(e)(1) 46 App.:1241h(d) (1st sentence). 55316(e)(2) 46 App.:1241h note. Pub. L. 100-202, 101(a) [title V (par. under heading "Ocean Freight Differential")], Dec. 22, 1987, 101 Stat. 1329, 1329-27. 55316(f) 46 App.:1241h(e). -------------------------------------------------------------------- In subsection (b)(2), the words "section 412(d) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f(d))" are substituted for "section 1733(b) of title 7" because the latter provision, as amended in 1990, no longer contains provisions on valuation of commodities shipped from the inventory of the Commodity Credit Corporation, and a provision substantially the same as former 7 U.S.C. 1733(b) is now at 7 U.S.C. 1736f(e). In subsection (c)(1), the words "considering the current average market yield on outstanding marketable obligations of the United States Government of comparable maturities during the month before the obligations are issued" are substituted for "taking into consideration the average market yield on outstanding marketable obligations of the United States with remaining periods of maturity comparable to the average maturities of such obligations during the month preceding the issuance of such obligations of the Secretary of Transportation" to eliminate unnecessary words. In subsection (c)(2), the words "after December 23, 1985" are omitted as obsolete. In subsection (e)(1), the words "commencing with the fiscal year beginning October 1, 1986" are omitted as obsolete. In subsection (f), the words "Notwithstanding the provisions of this section" are omitted as unnecessary. AMENDMENTS 2008 - Subsec. (b)(2). Pub. L. 110-246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954". 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 Effective Date note under section 8701 of Title 7, Agriculture. -End- -CITE- 46 USC Sec. 55317 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55317. Termination of subchapter -STATUTE- This subchapter terminates 90 days after the date on which a notification is made under section 55316(f) of this title, except for shipments of agricultural commodities and their products subject to contracts made before the end of that 90-day period, unless within that 90-day period the Secretary of Transportation proclaims that funds are available to finance increased freight charges resulting from the requirements of sections 55314(a) and 55316(a) and (b) of this title. On the termination of this subchapter under this section - (1) this subchapter does not exempt export activities from, or subject export activities to, the cargo preference laws; and (2) the 50-percent requirement in section 55305 of this title remains in effect. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55317 46 App.:1241j. June 29, 1936, ch. 858, title IX, Sec. 901f, as added Pub. L. 99-198, title XI, Sec. 1142, Dec. 23, 1985, 99 Stat. 1494. -------------------------------------------------------------------- The words "except to the extent those activities are exempt under section 1707a(b) of title 7" are omitted because the provision referred to has been repealed. -End- -CITE- 46 USC Sec. 55318 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER II - EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES -HEAD- Sec. 55318. Effect on other law -STATUTE- This subchapter does not affect chapter 5 of title 5. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55318 46 App.:1241p. Pub. L. 99-198, title XI, Sec. 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. -End- -CITE- 46 USC SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -End- -CITE- 46 USC Sec. 55331 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55331. Definitions -STATUTE- 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 designation 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 waters. (3) Great lakes shipping season. - The term "Great Lakes shipping season" means the period each year during which the Saint Lawrence Seaway is open for navigation by vessels, as declared by the Saint Lawrence Seaway Development Corporation. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1648.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55331 46 App.:1241v. Pub. L. 101-624, title XV, Sec. 1527, Nov. 28, 1990, 104 Stat. 3668. -------------------------------------------------------------------- In paragraph (1), the words "but only during the period 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 unnecessary. 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. -End- -CITE- 46 USC Sec. 55332 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55332. Designating American Great Lakes vessels -STATUTE- (a) Designations. - The Secretary of Transportation shall designate a vessel as an American Great Lakes vessel if - (1) an application for designation is submitted to the Secretary under regulations prescribed by the Secretary; (2) the vessel is documented under the laws of the United States; (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 vessels 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 designated as an American Great Lakes vessel; and (5) the owner makes an agreement as provided 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 Secretary 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 subsection (b), the owner of the vessel is not prohibited 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 prescribe regulations establishing requirements for submitting applications under this section. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55332 46 App.:1241r. Pub. L. 101-624, title XV, Sec. 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 unnecessary. 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. -End- -CITE- 46 USC Sec. 55333 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55333. Exemption from restriction on transporting certain cargo -STATUTE- The 3-year documentation requirement of section 55305(a) of this title does not apply to a vessel designated as an American Great Lakes vessel during the period of its designation. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55333 46 App.:1241q. Pub. L. 101-624, title XV, Sec. 1521, Nov. 28, 1990, 104 Stat. 3665. -------------------------------------------------------------------- This section is substituted for the source provisions to eliminate unnecessary words. -End- -CITE- 46 USC Sec. 55334 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55334. Restrictions on operations -STATUTE- (a) Prohibitions. - Except as provided in subsection (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 section 40102 of this title) that is subject to section 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 engage in trade prohibited by subsection (a)(1)(A), except during the Great Lakes shipping season. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1649.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55334 46 App.:1241s. Pub. L. 101-624, title XV, Sec. 1523, Nov. 28, 1990, 104 Stat. 3666. -------------------------------------------------------------------- -End- -CITE- 46 USC Sec. 55335 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55335. Revocations and terminations of designations -STATUTE- (a) Revocations. - After notice and an opportunity for a hearing, the Secretary of Transportation 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 Secretary may terminate the designation of a vessel as an American Great Lakes vessel. The Secretary may impose conditions in a termination order to prevent significant adverse effects on other operators of vessels of the United States. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1650.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55335 46 App.:1241t(a), Pub. L. 101-624, title XV, (c). Sec. 1524(a), (c), Nov. 28, 1990, 104 Stat. 3667. -------------------------------------------------------------------- In subsection (a)(3), the words "construction and purchase" before "agreement" are omitted because the source provision for section 55332(b) of the revised title does not say anything about construction. In subsection (b), the words "vessels of the United States" are substituted for "United States-flag vessel" for consistency in the revised title. -End- -CITE- 46 USC Sec. 55336 01/03/2012 (112-90) -EXPCITE- TITLE 46 - SHIPPING Subtitle V - Merchant Marine Part D - Promotional Programs CHAPTER 553 - PASSENGER AND CARGO PREFERENCES SUBCHAPTER III - AMERICAN GREAT LAKES VESSELS -HEAD- Sec. 55336. Civil penalty -STATUTE- After notice and an opportunity for a hearing, the Secretary of Transportation may impose a civil penalty of not more than $1,000,000 on the owner of an American Great Lakes vessel for any act for which the designation may be revoked under section 55335 of this title. -SOURCE- (Pub. L. 109-304, Sec. 8(c), Oct. 6, 2006, 120 Stat. 1650.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 55336 46 App.:1241t(b). Pub. L. 101-624, title XV, Sec. 1524(b), Nov. 28, 1990, 104 Stat. 3667. -------------------------------------------------------------------- -End-