Title 46, ShippingRelease 119-110

§50103 Determinations of Essential Services

Title 46 › Subtitle V — Merchant Marine › Part A — General › CHAPTER 501 — POLICY, STUDIES, AND REPORTS › § 50103

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Transportation must study and keep up-to-date lists of ocean routes and services from U.S. ports to foreign markets that are needed to support and grow U.S. trade and meet national defense needs. When deciding which routes are essential, the Secretary must look at the cost to run each route, whether a route would lose money, how often trips should run and what kinds of ships to use, the benefit to trade and defense, and any other business facts a careful manager would consider. The Secretary must also plan for the Saint Lawrence Seaway’s seasonal closing and set alternate port routes so service continues year-round. The Secretary must also record what bulk-cargo services U.S. ships should provide and decide the kinds of vessels (size, speed, engines, including express-liner or super-liner ships) and the regularity of voyages needed to give steady, reliable service.

Full Legal Text

Title 46, §50103

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(a)Essential Services, Routes, and Lines.—
(1)In general.—
The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to—
(A)the cost of maintaining each line;
(B)the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;
(C)the number of voyages and types of vessels that should be employed in a line;
(D)the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other national requirements; and
(E)any other facts and conditions a prudent business person would consider when dealing with the person’s own business.
(2)Saint lawrence seaway.—
For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis.
(b)Bulk Cargo Carrying Services.—
The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by vessels of the United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United States and the national defense or other national requirements.
(c)Types of Vessels.—
The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in— (1)
(2)the bulk cargo carrying services described in subsection (b).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 50103(a)(1)46 App.:1121(a).June 29, 1936, ch. 858, title II, § 211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§ 4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159. 50103(a)(2)46 App.:1213(a) (3d sentence related to 1121(a)).June 29, 1936, ch. 858, title VIII, § 809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, § 1604, Aug. 13, 1981, 95 Stat. 751. 50103(b)46 App.:1121(b). 50103(c)46 App.:1121(c).

Reference

Citations & Metadata

Citation

46 U.S.C. § 50103

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110