§1187. Establishment of Fleet

(a) In general

The Secretary of Transportation shall establish a fleet of active, militarily useful, privately-owned vessels to meet national defense and other security requirements and maintain a United States presence in international commercial shipping. The Fleet shall consist of privately owned, United States-flag vessels for which there are in effect operating agreements under this part, and shall be known as the Maritime Security Fleet.

(b) Vessel eligibility

A vessel is eligible to be included in the Fleet if the vessel is self-propelled and-

(1)(A) is operated by a person as an ocean common carrier;

(B) whether in commercial service, on charter to the Department of Defense, or in other employment, is either-

(i) a roll-on/roll-off vessel with a carrying capacity of at least 80,000 square feet or 500 twenty-foot equivalent units; or

(ii) a lighter aboard ship vessel with a barge capacity of at least 75 barges; or

(C) any other type of vessel that is determined by the Secretary to be suitable for use by the United States for national defense or military purposes in time of war or national emergency;

(2)(A)(i) is a United States-documented vessel; and

(ii) on the date an operating agreement covering the vessel is entered into under this part, is-

(I) a LASH vessel that is 25 years of age or less; or

(II) any other type of vessel that is 15 years of age or less;

except that the Secretary of Transportation may waive the application of clause (ii) if the Secretary, in consultation with the Secretary of Defense, determines that the waiver is in the national interest; or

(B) it is not a United States-documented vessel, but the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of title 46 if it is included in the Fleet, and the vessel will be less than 10 years of age on the date of that documentation;

(3) the Secretary of Transportation determines that the vessel is necessary to maintain a United States presence in international commercial shipping or, after consultation with the Secretary of Defense, determines that the vessel is militarily useful for meeting the sealift needs of the United States with respect to national emergencies; and

(4) at the time an operating agreement for the vessel is entered into under this part, the vessel will be eligible for documentation under chapter 121 of title 46.

(June 29, 1936, ch. 858, title VI, §651, as added Pub. L. 104–239, §2(2), Oct. 8, 1996, 110 Stat. 3118 .)

Regulations

Section 8 of Pub. L. 104–239 provided that:

"(a) In General.-The Secretary of Transportation may prescribe rules as necessary to carry out this Act [see Short Title of 1996 Amendment note set out under section 1245 of this Appendix] and the amendments made by this Act.

"(b) Interim Rules.-The Secretary of Transportation may prescribe interim rules necessary to carry out this Act and the amendments made by this Act. For this purpose, the Secretary of Transportation is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the authority of this subsection that are not earlier superseded by final rules shall expire no later than 270 days after the date of enactment of this Act [Oct. 8, 1996]."

Trust Charterers

Pub. L. 104–324, title XI, §1136(c), Oct. 19, 1996, 110 Stat. 3987 , provided that: "Notwithstanding section 12102(d)(4) of title 46, United States Code, as amended by this section, for purposes of subtitle B of title VI of the Merchant Marine Act, 1936 [46 App. U.S.C. 1187 et seq.] a vessel is deemed to be owned and operated by a citizen of the United States (as that term is used in that subtitle) if-

"(1) the person chartering the vessel from a trust under section 12102(d)(2) of that title is a citizen of the United States under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802); and

"(2)(A) the vessel-

"(i) is delivered by a shipbuilder, following completion of construction, on or after May 1, 1995 and before January 31, 1996; or

"(ii) is owned by a citizen of the United States under section 2 of the Shipping Act, 1916 on September 1, 1996, or is a replacement for such a vessel; or

"(B) payments have been made with respect to the vessel under subtitle B of title VI of the Merchant Marine Act, 1936 for at least 1 year."

Indirect Vessel Owners

Pub. L. 104–324, title XI, §1136(d), Oct. 19, 1996, 110 Stat. 3987 , provided that: "Notwithstanding any other provision of law, for purposes of subtitle B of title VI of the Merchant Marine Act, 1936 [46 App. U.S.C. 1187 et seq.] the following vessels are deemed to be owned and operated by a citizen of the United States (as that term is used in that subtitle) if the vessels are owned, directly or indirectly, by a person that is a citizen of the United States under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802):

"(1) Any vessel constructed under a shipbuilding contract signed on December 21, 1995, and having hull number 3077, 3078, 3079, or 3080.

"(2) Any vessel delivered by a shipbuilder, following completion of construction, on or after May 1, 1995, and before January 31, 1996.

"(3) Any vessel owned on September 1, 1996, by a person that is a citizen of the United States under section 2 of the Shipping Act, 1916, or a replacement for such a vessel.

"(4) Any vessel with respect to which payments have been made under subtitle B of title VI of the Merchant Marine Act, 1936 for at least 1 year."

Vessel Standards

Pub. L. 104–324, title XI, §1137, Oct. 19, 1996, 110 Stat. 3988 , provided that:

"(a) Certificate of Inspection.-A vessel used to provide transportation service as a common carrier which the Secretary of Transportation determines meets the criteria of section 651(b) of the Merchant Marine Act, 1936 [46 App. U.S.C. 1187(b)], but which on the date of enactment of this Act [Oct. 19, 1996] is not a documented vessel (as that term is defined in section 2101 of title 46, United States Code), shall be eligible for a certificate of inspection if the Secretary determines that-

"(1) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Secretary;

"(2) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and

"(3) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.

"(b) Continued Eligibility for Certificate.-Subsection (a) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection (a)(2).

"(c) Reliance on Classification Society.-

"(1) In general.-The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of subsections (a) and (b).

"(2) Foreign classification society.-The Secretary may accept certification from a foreign classification society under paragraph (1) only-

"(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and

"(B) if the foreign classification society has offices and maintains records in the United States."

Section Referred to in Other Sections

This section is referred to in sections 808, 1187a, 1187c of this Appendix.