§53108 — Title 46 Shipping | U.S. Code

Summary

A contractor running a ship under an operating agreement may use that ship in the United States’ foreign trade without limits. The usual rule that bars building, rebuilding, or registering a ship in another country does not apply on days the operator is being paid under that agreement. Telecom and other electronic gear already on a ship re-registered in the U.S. under such an agreement will count as meeting FCC equipment rules if three things are true: the gear followed the international rules of the country where the ship was registered before U.S. registration; that country has not been named by the Secretary as failing to enforce those rules for that ship; and the gear will be replaced with FCC-certified equipment when it reaches the end of its useful life.

Title 46, §53108

Shipping — Source: USLM XML via OLRC

(a)A contractor for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.

(b)The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of that vessel is receiving payments for operation of that vessel under an operating agreement under this chapter.

(c)The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—

(1)such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;

(2)that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and

(3)at the end of its useful life, such equipment will be replaced with equipment that meets Federal Communications Commission equipment certification standards.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted “section 55305(a) of this title” for “section 901(b)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))”.

§53108 Regulatory Relief

Summary

Title 46, §53108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata