[USC02] 46 USC Subtitle I: General
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46 USC Subtitle I: General
From Title 46—SHIPPING

Subtitle I—General

Chapter
Sec.
1.
Definitions
101
3.
Federal Maritime Commission
301
5.
Other General Provisions
501

        

CHAPTER 1—DEFINITIONS

Sec.
101.
Agency.
102.
Barge.
103.
Boundary Line.
104.
Citizen of the United States.
105.
Consular officer.
106.
Documented vessel.
107.
Exclusive economic zone.
108.
Fisheries.
109.
Foreign commerce or trade.
110.
Foreign vessel.
111.
Numbered vessel.
112.
State.
113.
Undocumented.
114.
United States.
115.
Vessel.
116.
Vessel of the United States.

        

§101. Agency

In this title, the term "agency" means a department, agency, or instrumentality of the United States Government.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
101 (no source).

A definition of "agency" is added to avoid having to repeat the substance of the definition at various places in the revised title.

Short Title of 2018 Amendment

Pub. L. 115–265, §1, Oct. 11, 2018, 132 Stat. 3742, provided that: "This Act [enacting section 6309 of this title, amending sections 2116, 3306, 3316, and 6101 of this title and sections 1952, 1954, and 1958 of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under this section, sections 2101, 2116, 3201, 3203, 3306, 3315, and 3316 of this title, sections 1, 58, 88, and 93 of Title 14, Coast Guard, and section 822 of Title 45, Railroads] may be cited as the 'Save Our Seas Act of 2018'."

Pub. L. 115–265, title II, §201, Oct. 11, 2018, 132 Stat. 3744, provided that: "This title [enacting section 6309 of this title, amending sections 2116, 3306, 3316, and 6101 of this title, and enacting provisions set out as notes under sections 2101, 2116, 3201, 3203, 3306, 3315, and 3316 of this title, sections 88 and 93 of Title 14, Coast Guard, and section 822 of Title 45, Railroads] may be cited as the 'Hamm Alert Maritime Safety Act of 2018'."

Pub. L. 115–254, div. J, §1801, Oct. 5, 2018, 132 Stat. 3533, provided that: "This division [div. J (§§1801–1816) of Pub. L. 115–254, enacting sections 243 and 244 of Title 6, Domestic Security, amending sections 70101 to 70103, and 70112 of this title, and sections 921, 941, 945, and 983 of Title 6, repealing sections 70107A and 70116 of this title and sections 922 and 984 of Title 6, enacting provisions set out as notes under sections 70101, 70102, 70107A, and 70112 of this title, and amending provisions set out as a note under section 70107A of this title] may be cited as the 'Maritime Security Improvement Act of 2018'."

Short Title of 2012 Amendment

Pub. L. 112–213, title V, §501, Dec. 20, 2012, 126 Stat. 1574, provided that: "This title [enacting section 51705 of this title, amending section 55305 of this title, and enacting provisions set out as a note under section 51705 of this title] may be cited as the 'Piracy Suppression Act of 2012'."

Short Title of 2010 Amendment

Pub. L. 111–281, title VI, §601, Oct. 15, 2010, 124 Stat. 2959, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Safety Act of 2010'."

Pub. L. 111–207, §1(a), July 27, 2010, 124 Stat. 2243, provided that: "This Act [enacting sections 3507 and 3508 of this title, amending section 676 of Title 14, Coast Guard, and section 355 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under section 3507 of this title and section 1828 of Title 16, Conservation, amending provisions set out as a note under section 2720 of Title 33, Navigation and Navigable Waters, and repealing provisions set out as notes under section 70101 of this title and section 637 of Title 14] may be cited as the 'Cruise Vessel Security and Safety Act of 2010'."

Short Title of 2009 Amendment

Pub. L. 111–83, title V, §561(a), Oct. 28, 2009, 123 Stat. 2182, provided that: "This section [amending section 70103 of this title and sections 114 and 40119 of Title 49, Transportation] may be cited as the 'American Communities' Right to Public Information Act'."

Short Title of 2003 Amendment

Pub. L. 108–136, div. C, title XXXV, §3501, Nov. 24, 2003, 117 Stat. 1789, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Security Act of 2003'."

Short Title of 2002 Amendment

Pub. L. 107–295, §1(a), Nov. 25, 2002, 116 Stat. 2064, provided that: "This Act [see Tables for classification] may be cited as the 'Maritime Transportation Security Act of 2002'."

Pub. L. 107–295, title II, §201, Nov. 25, 2002, 116 Stat. 2093, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Policy Improvement Act of 2002'."

Short Title of 1999 Amendment

Pub. L. 106–65, div. C, title XXXVI, §3601, Oct. 5, 1999, 113 Stat. 975, provided that: "This title [see Tables for classification] may be cited as the 'Maritime Administration Authorization Act for Fiscal Year 2000'."

Short Title of 1998 Amendment

Pub. L. 105–277, div. C, title II, §201, Oct. 21, 1998, 112 Stat. 2681–616, provided that: "This title [see Tables for classification] may be cited as the 'American Fisheries Act'."

Short Title of 1996 Amendment

Pub. L. 104–324, title VI, §601, Oct. 19, 1996, 110 Stat. 3927, provided that: "This title [see Tables for classification] may be cited as the 'Coast Guard Regulatory Reform Act of 1996'."

Pub. L. 104–297, title III, §301, Oct. 11, 1996, 110 Stat. 3615, provided that: "This title [see Tables for classification] may be cited as the 'Fisheries Financing Act'."

Pub. L. 104–239, §1, Oct. 8, 1996, 110 Stat. 3118, provided that: "This Act [see Tables for classification] may be cited as the 'Maritime Security Act of 1996'."

Short Title of 1993 Amendment

Pub. L. 103–206, title V, §501, Dec. 20, 1993, 107 Stat. 2439, provided that: "This title [see Tables for classification] may be cited as the 'Passenger Vessel Safety Act of 1993'."

Short Title of 1992 Amendment

Pub. L. 102–587, title V, §5301, Nov. 4, 1992, 106 Stat. 5081, provided that: "This subtitle [subtitle C (§§5301–5305) of title V of Pub. L. 102–587, see Tables for classification] may be cited as the 'Abandoned Barge Act of 1992'."

Short Title of 1990 Amendment

Pub. L. 101–595, title VI, §601, Nov. 16, 1990, 104 Stat. 2990, provided that: "This title [see Tables for classification] may be cited as the 'Aleutian Trade Act of 1990'."

Short Title of 1988 Amendment

Pub. L. 100–424, §1, Sept. 9, 1988, 102 Stat. 1585, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Safety Act of 1988'."

Pub. L. 100–418, title X, §10001, Aug. 23, 1988, 102 Stat. 1570, provided that: "This subtitle [subtitle A (§§10001–10003) of title X of Pub. L. 100–418, see Tables for classification] may be cited as the 'Foreign Shipping Practices Act of 1988'."

Pub. L. 100–239, §1, Jan. 11, 1988, 101 Stat. 1778, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'."

Short Title of 1986 Amendment

Pub. L. 99–626, §1, Nov. 7, 1986, 100 Stat. 3504, provided that: "This act [see Tables for classification] may be cited as the 'Recreational Boating Safety Act of 1986'."

Short Title of 1984 Amendment

Pub. L. 98–498, title II, §210, Oct. 19, 1984, 98 Stat. 2303, provided that: "This subtitle [subtitle A (§§210–214) of title II of Pub. L. 98–498, see Tables for classification] may be cited as the 'Maritime Safety Act of 1984'."

Pub. L. 98–364, title IV, §401, July 17, 1984, 98 Stat. 445, provided that: "This title [see Tables for classification] may be cited as the 'Commercial Fishing Industry Vessel Act'."

Short Title of 1981 Amendment

Pub. L. 97–31, §1, Aug. 6, 1981, 95 Stat. 151, provided: "That this Act [see Tables for classification] may be cited as the 'Maritime Act of 1981'."

Short Title of 1976 Amendment

Pub. L. 94–372, §1, July 31, 1976, 90 Stat. 1042, provided: "That this Act [see Tables for classification] may be cited as the 'Negotiated Shipbuilding Contracting Act of 1976'."

Short Title of 1970 Amendment

Pub. L. 91–469, §44, Oct. 21, 1970, 84 Stat. 1039, provided that: "This Act [see Tables for classification] may be cited as the 'Merchant Marine Act of 1970'."

Short Title of 1936 Amendment

Act June 29, 1936, ch. 858, title IX, §906, 49 Stat. 2016, as amended by Pub. L. 109–304, §19, Oct. 6, 2006, 120 Stat. 1710, provided that: "This Act [see Tables for classification] may be cited as the Merchant Marine Act, 1936."

§102. Barge

In this title, the term "barge" means a non-self-propelled vessel.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
102 46:2101(2).

§103. Boundary Line

In this title, the term "Boundary Line" means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151(b)).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486; Pub. L. 114–120, title III, §306(a)(1), Feb. 8, 2016, 130 Stat. 54.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
103 46:2101(3).

Amendments

2016Pub. L. 114–120 substituted "(33 U.S.C. 151(b))." for "(33 U.S.C. 151)."

§104. Citizen of the United States

In this title, the term "citizen of the United States", when used in reference to a natural person, means an individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
104 46:2101(3a).

The words "when used in reference to a natural person" are added because of provisions in the title which treat entities as citizens. The words "or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1801 note)" are omitted because the Covenant referred to became effective November 4, 1986, making citizens of the Northern Mariana Islands citizens or non-citizen nationals of the United States.

§105. Consular officer

In this title, the term "consular officer" means an officer or employee of the United States Government designated under regulations to issue visas.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
105 46:2101(6).

§106. Documented vessel

In this title, the term "documented vessel" means a vessel for which a certificate of documentation has been issued under chapter 121 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
106 46:2101(10).

§107. Exclusive economic zone

In this title, the term "exclusive economic zone" means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note).

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
107 46:2101(10a).

§108. Fisheries

In this title, the term "fisheries" includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
108 46:12101(a)(1).

§109. Foreign commerce or trade

(a) In General.—In this title, the terms "foreign commerce" and "foreign trade" mean commerce or trade between a place in the United States and a place in a foreign country.

(b) Capital Construction Funds and Construction-Differential Subsidies.—In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms "foreign commerce" and "foreign trade" also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
109 46 App.:1244(a). June 29, 1936, ch. 858, title IX, §905(a), 49 Stat. 2016; June 23, 1938, ch. 600, §39(a), 52 Stat. 964; Pub. L. 91–469, §28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, §2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, §12(133)(A), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words "its Territories or possessions, or the District of Columbia" are omitted because of the definition of "United States" in this chapter.

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.

§110. Foreign vessel

In this title, the term "foreign vessel" means a vessel of foreign registry or operated under the authority of a foreign country.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
110 46:2101(12).

§111. Numbered vessel

In this title, the term "numbered vessel" means a vessel for which a number has been issued under chapter 123 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
111 46:2101(17b).

§112. State

In this title, the term "State" means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
112 46:2101(36).

§113. Undocumented

In this title, the term "undocumented" means not having and not required to have a certificate of documentation issued under chapter 121 of this title.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
113 46:2101(41).

The words "certificate of documentation" are substituted for "document" for consistency with chapter 121.

§114. United States

In this title, the term "United States", when used in a geographic sense, means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
114 46:2101(44).
  46 App.:1244(g). June 29, 1936, ch. 858, title IX, §905(g), 49 Stat. 2016; as added Pub. L. 96–453, §3(b), Oct. 15, 1980, 94 Stat. 2008.

The language in 46 App. U.S.C. 1244(g) relating to the areas and installations in the Republic of Panama is omitted because those areas and installations were turned over to Panama by the end of 1999.

§115. Vessel

In this title, the term "vessel" has the meaning given that term in section 3 of title 1.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
115 46:2101(45).

§116. Vessel of the United States

In this title, the term "vessel of the United States" means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title), numbered under chapter 123 of this title, or titled under the law of a State.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
116 46:2101(46).

CHAPTER 3—FEDERAL MARITIME COMMISSION

Sec.
301.
General organization.
302.
Quorum.
303.
Meetings.
304.
Delegation of authority.
305.
Regulations.
306.
Annual report.
307.
Expenditures.
308.
Authorization of appropriations.

        

Amendments

2018Pub. L. 115–282, title VII, §711(b), Dec. 4, 2018, 132 Stat. 4298, substituted "Meetings" for "Record of meetings and votes" in item 303.

2016Pub. L. 114–120, title IV, §401(b), Feb. 8, 2016, 130 Stat. 67, added item 308.

§301. General organization

(a) Organization.—The Federal Maritime Commission is an independent establishment of the United States Government.

(b) Commissioners.—

(1) Composition.—The Commission is composed of 5 Commissioners, appointed by the President by and with the advice and consent of the Senate. Not more than 3 Commissioners may be appointed from the same political party.

(2) Terms.—The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. Except as provided in paragraph (3), no individual may serve more than 2 terms.

(3) Vacancies.—A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. An individual appointed to fill a vacancy may serve 2 terms in addition to the remainder of the term for which the predecessor of that individual was appointed.

(4) Conflicts of interest.—

(A) Limitation on relationships with regulated entities.—A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title.

(B) Limitation on other activities.—A Commissioner may not engage in another business, vocation, or employment.


(5) Removal.—The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.


(c) Chairman.—

(1) Designation.—The President shall designate one of the Commissioners as Chairman.

(2) General authority.—The Chairman is the chief executive and administrative officer of the Commission. In carrying out the duties and powers of the Commission (other than under paragraph (3)), the Chairman is subject to the policies, regulatory decisions, findings, and determinations of the Commission.

(3) Particular duties.—

(A) In general.—The Chairman shall—

(i) appoint and supervise officers and employees of the Commission;

(ii) appoint the heads of major organizational units (with such appointments subject to the approval of the Commission);

(iii) distribute the business of the Commission among personnel and organizational units;

(iv) supervise the expenditure of money for administrative purposes;

(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 304 of this title; and

(vi) prepare and submit to the President and the Congress requests for appropriations for the Commission (with such requests subject to the approval of the Commission).


(B) Nonapplication.—Subparagraph (A) (other than clause (v)) does not apply to personnel employed regularly and full-time in the offices of Commissioners other than the Chairman.


(4) Delegation.—The Chairman may designate officers and employees under the Chairman's jurisdiction to perform duties and powers of the Chairman, subject to the Chairman's supervision and direction.


(d) Seal.—The Commission shall have a seal which shall be judicially recognized.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488; Pub. L. 113–281, title IV, §403(a), Dec. 18, 2014, 128 Stat. 3056; Pub. L. 114–120, title IV, §402, Feb. 8, 2016, 130 Stat. 67.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
301(a) 46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §101, 75 Stat. 840.
301(b) 46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §102(a), (c), 75 Stat. 840; Pub. L. 88–426, title III, §305(19)(A), Aug. 14, 1964, 78 Stat. 425.
  46 App.:1111 note. Pub. L. 89–56, June 30, 1965, 79 Stat. 195.
301(c) 46 App.:1111 note. Reorg. Plan No. 6 of 1949, eff. Aug. 20, 1949, 63 Stat. 1069.
  46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §§102(b), 104, 105(d), 75 Stat. 840, 841.
301(d) 46 App.:1111(c) (related to seal). June 29, 1936, ch. 858, title II, §201(c) (related to seal), 49 Stat. 1986.

In subsection (a), the words "is an independent establishment" are substituted for "shall not be a part of any executive department or under the authority of the head of any executive department" for consistency with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b)(2), the words "The term of each Commissioner is 5 years, with each term beginning one year apart" are substituted for the language about terms in section 102(c) of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note) and the Act of June 30, 1965 (Pub. L. 89–56, 79 Stat. 195), for clarity and to eliminate executed and obsolete language.

In subsection (c), section 104 of Reorganization Plan No. 7 of 1961 is omitted as executed.

Subsection (c)(1) is based on section 102(b) of Reorganization Plan No. 7 of 1961. The words "from time to time" are omitted as unnecessary.

Subsection (c)(2) is based on section 1 of Reorganization Plan No. 6 of 1949.

Subsection (c)(3) is based on section 2 of Reorganization Plan No. 6 of 1949 and section 105(d) of Reorganization Plan No. 7 of 1961.

Subsection (c)(4) is based on section 3 of Reorganization Plan No. 6 of 1949.

Amendments

2016—Subsec. (c)(3)(A)(ii). Pub. L. 114–120, §402(1), substituted "units (with such appointments subject to the approval of the Commission);" for "units, but only after consultation with the other Commissioners;".

Subsec. (c)(3)(A)(vi). Pub. L. 114–120, §402(2)–(4), added cl. (vi).

2014—Subsec. (b)(2). Pub. L. 113–281, §403(a)(1), amended par. (2) generally. Prior to amendment, text read as follows: "The term of each Commissioner is 5 years, with each term beginning one year apart. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. A vacancy shall be filled in the same manner as the original appointment. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified."

Subsec. (b)(3) to (5). Pub. L. 113–281, §403(a)(2), added pars. (3) and (4) and redesignated former par. (3) as (5).

Effective Date of 2014 Amendment

Pub. L. 113–281, title IV, §403(b), Dec. 18, 2014, 128 Stat. 3056, provided that: "The amendment made by subsection (a)(1) [amending this section] does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act [Dec. 18, 2014]."

§302. Quorum

A vacancy or vacancies in the membership of the Federal Maritime Commission do not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the Commissioners serving on the Commission is required to dispose of any matter before the Commission.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
302 46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §102(d), 75 Stat. 840; Pub. L. 105–258, title II, §202, Oct. 14, 1998, 112 Stat. 1915.

§303. Meetings

(a) In General.—The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.

(b) Record.—The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.

(c) Nonpublic Collaborative Discussions.—

(1) In general.—Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—

(A) no formal or informal vote or other official agency action is taken at the meeting;

(B) each individual present at the meeting is a Commissioner or an employee of the Commission;

(C) at least 1 Commissioner from each political party is present at the meeting, if applicable; and

(D) the General Counsel of the Commission is present at the meeting.


(2) Disclosure of nonpublic collaborative discussions.—Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—

(A) a list of the individuals present at the meeting; and

(B) a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.


(3) Exception.—If the Commission properly determines matters may be withheld from the public under section 555b(c) 1 of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.

(4) Ongoing proceedings.—If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.

(5) Preservation of open meetings requirements for agency action.—Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.

(6) Statutory construction.—Nothing in this subsection may be construed—

(A) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or

(B) to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489; Pub. L. 115–282, title VII, §711(a), Dec. 4, 2018, 132 Stat. 4297.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
303 46 App.:1111(c) (related to records). June 29, 1936, ch. 858, title II, §201(c) (related to records), 49 Stat. 1986.

The words "true" and "yea-and-nay" are omitted as unnecessary.

Amendments

2018Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows: "The Federal Maritime Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission."

1 So in original. Probably should be "section 552b(c)".

§304. Delegation of authority

(a) Delegation.—The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5.

(b) Review.—The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission's own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review.

(c) Deemed Action of Commission.—If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
304 46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §105(a)–(c), 75 Stat. 841.

§305. Regulations

The Federal Maritime Commission may prescribe regulations to carry out its duties and powers.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
305 46 App.:1111(c) (related to rules and regulations). June 29, 1936, ch. 858, title II, §201(c) (related to rules and regulations), 49 Stat. 1986.
  46 App.:1716. Pub. L. 98–237, §17, Mar. 20, 1984, 98 Stat. 84.

The words "to carry out its duties and powers" are substituted for "in regard to its procedure and the conduct of its business" in 46 App. U.S.C. 1111(c) and "to carry out this chapter" in 46 App. U.S.C. 1716(a) for consistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete.

Transparency in Unfinished Regulatory Proceedings

Pub. L. 115–282, title VII, §712, Dec. 4, 2018, 132 Stat. 4298, provided that:

"(a) In General.—Beginning not later than 60 days after the date of enactment of this Act [Dec. 4, 2018], the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.

"(b) Format of Reports.—Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—

"(1) the popular title;

"(2) the current stage of the proceeding;

"(3) an abstract of the proceeding;

"(4) what prompted the action in question;

"(5) any applicable statutory, regulatory, or judicial deadline;

"(6) the associated docket number;

"(7) the date the rulemaking was initiated;

"(8) a date for the next action; and

"(9) if a date for next action identified in the previous report is not met, the reason for the delay."

§306. Annual report

(a) In General.—Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation.

(b) Report on Foreign Laws and Practices.—The Commission shall include in its annual report to Congress—

(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States;

(2) an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries;

(3) any actions being taken by the Commission to offset those conditions;

(4) any recommendations for additional legislation to offset those conditions;

(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection; and

(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 1 between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.


(c) Definition of Certain Covered Services.—In this section, the term "certain covered services" has the meaning given the term in section 40102.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489; Pub. L. 115–282, title VII, §703, Dec. 4, 2018, 132 Stat. 4294.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
306(a) 46 App.:1118 (related to Commission). June 29, 1936, ch. 858, title II, §208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, §36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, §12(65), Aug. 6, 1981, 95 Stat. 159.
306(b) 46 App.:1710a(g). Pub. L. 100–418, title X, §10002(g), Aug. 23, 1988, 102 Stat. 1572.

In subsection (a), the words "a statement of all receipts under this chapter" are omitted as inapplicable to the Commission.

Amendments

2018—Subsec. (b)(6). Pub. L. 115–282, §703(1), added par. (6).

Subsec. (c). Pub. L. 115–282, §703(2), added subsec. (c).

1 So in original. Subtitle I of title 46 does not contain parts.

§307. Expenditures

(a) In General.—The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized.

(b) Prohibition.—Notwithstanding subsection (a), the Federal Maritime Commission may not expend any funds appropriated or otherwise made available to it to a non-Federal entity to issue an award, prize, commendation, or other honor that is not related to the purposes set forth in section 40101.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490; Pub. L. 114–120, title IV, §403, Feb. 8, 2016, 130 Stat. 67.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
307 46 App.:1111(d) (related to Commission). June 29, 1936, ch. 858, title II, §201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, §12(58)(B), Aug. 6, 1981, 95 Stat. 158.

The words "by this chapter", "after June 29, 1936", and "further" are omitted as unnecessary.

Amendments

2016Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§308. Authorization of appropriations

There is authorized to be appropriated to the Federal Maritime Commission $28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019 for the activities of the Commission authorized under this chapter and subtitle IV.

(Added Pub. L. 114–120, title IV, §401(a), Feb. 8, 2016, 130 Stat. 67; amended Pub. L. 115–282, title VII, §702, Dec. 4, 2018, 132 Stat. 4294.)

Amendments

2018Pub. L. 115–282 substituted "$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019" for "$24,700,000 for each of fiscal years 2016 and 2017".

CHAPTER 5—OTHER GENERAL PROVISIONS

Sec.
501.
Waiver of navigation and vessel-inspection laws.
502.
Cargo exempt from forfeiture.
503.
Notice of seizure.
504.
Remission of fees and penalties.
505.
Penalty for violating regulation or order.

        

§501. Waiver of navigation and vessel-inspection laws

(a) On Request of Secretary of Defense.—On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense.

(b) By Head of Agency.—

(1) In general.—When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.

(2) Determinations.—The Maritime Administrator shall—

(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements;

(B) provide notice of each such determination to the Secretary of Transportation and the head of the agency referred to in paragraph (1) for which the determination is made; and

(C) publish each such determination on the Internet Web site of the Department of Transportation not later than 48 hours after notice of the determination is provided to the Secretary of Transportation.


(3) Notice to congress.—

(A) In general.—The head of an agency referred to in paragraph (1) shall notify the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate—

(i) of any request for a waiver of the navigation or vessel-inspection laws under this section not later than 48 hours after receiving such a request; and

(ii) of the issuance of any such waiver not later than 48 hours after such issuance.


(B) Contents.—Such head of an agency shall include in each notification under subparagraph (A)(ii) an explanation of—

(i) the reasons the waiver is necessary; and

(ii) the reasons actions referred to in paragraph (2)(A) are not feasible.


(c) Termination of Authority.—The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490; Pub. L. 110–417, div. C, title XXXV, §3510, Oct. 14, 2008, 122 Stat. 4769; Pub. L. 112–213, title III, §301, Dec. 20, 2012, 126 Stat. 1562; Pub. L. 112–239, div. C, title XXXV, §3517(a)(2), Jan. 2, 2013, 126 Stat. 2229.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
501 46 App.:3 note prec. Dec. 27, 1950, ch. 1155, §§1, 2, 64 Stat. 1120.

In subsection (b), the words "When the head of an agency . . . considers it necessary" are substituted for "either upon his own initiative or upon the written recommendation of the head of any other Government agency, when he deems that such action is necessary" to eliminate unnecessary words.

Amendments

2013—Subsec. (b)(3)(A). Pub. L. 112–239 substituted "the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate" for "the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" in introductory provisions.

2012—Subsec. (b). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3).

2008—Subsec. (b). Pub. L. 110–417 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes."

§502. Cargo exempt from forfeiture

Cargo on a vessel is exempt from forfeiture under this title if—

(1) the cargo is owned in good faith by a person not the owner, master, or crewmember of the vessel; and

(2) the customs duties on the cargo have been paid or secured for payment as provided by law.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
502 46 App.:326. R.S. §4378.

§503. Notice of seizure

When a forfeiture of a vessel or cargo accrues, the official of the United States Government required to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
503 46 App.:327. R.S. §4379.

§504. Remission of fees and penalties

Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if—

(1) application for the remission is made within one year after the date of the payment or forfeiture; and

(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
504 46:2108.

This section replaces 46 U.S.C. 2108, which was enacted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. §4.24 (2003) still refers to "the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8)" as if that provision had not been replaced by 46 U.S.C. 2108 in 1983.

§505. Penalty for violating regulation or order

A person convicted of knowingly and willfully violating a regulation or order of the Federal Maritime Commission or the Secretary of Transportation under subtitle IV or V of this title, for which no penalty is expressly provided, shall be fined not more than $500. Each day of a continuing violation is a separate offense.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
505 46 App.:1228 (last par.). June 29, 1936, ch. 858, title VIII, §806(d); as added Aug. 4, 1939, ch. 417, §13, 53 Stat. 1187; Pub. L. 97–31, §12(125), Aug. 6, 1981, 95 Stat. 164.