§53501 — Title 46 Shipping | U.S. Code

Summary

Defines key words used in this chapter. Agreement vessel means an eligible or qualified ship that is covered by an agreement here, and can include a barge or container if the agreement allows it. Eligible vessel means a ship that meets certain build and documentation rules (built or rebuilt in the United States, or built abroad but U.S.-documented on April 15, 1970, or built abroad under a contract made before April 15, 1970), is documented under U.S. law, and works in U.S. foreign or domestic trade or in U.S. fisheries; it also covers U.S. commercial fishing boats of at least 2 net tons but less than 5 net tons that are U.S.-owned, homeported in the U.S., and used in U.S. commercial fishing. Joint regulations are rules made jointly by the Secretary and the Secretary of the Treasury under section 53502(b). Noncontiguous trade means trade between the lower 48 States and Alaska, Hawaii, Puerto Rico, or U.S. territories, or trade among those noncontiguous places. Qualified vessel is like eligible vessel but must be part of an agreed capital construction fund plan. Secretary means the Secretary of Commerce for fisheries and the Secretary of Transportation for other vessels. Short sea transportation trade means moving containerized or wheeled cargo by ship between U.S. ports or between U.S. ports and certain Canadian Great Lakes–Seaway ports. United States foreign trade includes areas allowed under the first sentence of section 506 of the Merchant Marine Act, 1936. Vessel also includes certain cargo-handling gear and ocean-going towing vessels, barges, or similar Great Lakes craft.

Title 46, §53501

Shipping — Source: USLM XML via OLRC

In this chapter:

(1)The term “agreement vessel” means—

(A)an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and

(B)a barge or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement.

(2)The term “eligible vessel” means—

(A)a vessel—

(i)constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970;

(ii)documented under the laws of the United States; and

(iii)operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and

(B)a commercial fishing vessel—

(i)constructed in the United States and, if reconstructed, reconstructed in the United States;

(ii)of at least 2 net tons but less than 5 net tons;

(iii)owned by a citizen of the United States;

(iv)having its home port in the United States; and

(v)operated in the commercial fisheries of the United States.

(3)The term “joint regulations” means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title.

(4)The term “noncontiguous trade” means—

(A)trade between—

(i)one of the contiguous 48 States; and

(ii)Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and

(B)trade between—

(i)a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and

(ii)another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States.

(5)The term “qualified vessel” means—

(A)a vessel—

(ii)documented under the laws of the United States; and

(iii)agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title, to be operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and

(B)a commercial fishing vessel—

(i)constructed in the United States and, if reconstructed, reconstructed in the United States;

(ii)of at least 2 net tons but less than 5 net tons;

(iii)owned by a citizen of the United States;

(iv)having its home port in the United States; and

(v)operated in the commercial fisheries of the United States.

(6)The term “Secretary” means—

(A)the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and

(B)the Secretary of Transportation with respect to other vessels.

(7)The term “short sea transportation trade” means the carriage by vessel of cargo—

(A)that is—

(i)contained in intermodal cargo containers and loaded by crane on the vessel; or

(ii)loaded on the vessel by means of wheeled technology; and

(B)that is—

(i)loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or

(ii)loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.

(8)The term “United States foreign trade” includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.

(9)The term “vessel” includes—

(A)cargo handling equipment that the Secretary determines is intended for use primarily on the vessel; and

(B)an ocean-going towing vessel, an ocean-going barge, or a comparable towing vessel or barge operated on the Great Lakes.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 53501(1)46 App.:1177(b)(3), (k)(3).June 29, 1936, ch. 858, title VI, § 607(b)(3), (k)(1)–(3), (5)–(9), 49 Stat. 2005; June 23, 1938, ch. 600, §§ 23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, § 10, 53 Stat. 1185; July 17, 1952, ch. 939, §§ 17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 592; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, § 6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, § 21(a), Oct. 21, 1970, 84 Stat. 1027, 1031, 1032; Pub. L. 93–116, Oct. 1, 1973, 87 Stat. 421; Pub. L. 97–31, § 12(97), Aug. 6, 1981, 95 Stat. 162; Pub. L. 115–232, div. C, title XXXV, § 3546(q), Aug. 13, 2018, 132 Stat. 2327. 53501(2)46 App.:1177(k)(1). 46 App.:1177–1.Pub. L. 94–455, title VIII, § 807, Oct. 4, 1976, 90 Stat. 1606. 53501(3)46 App.:1177(k)(6). 53501(4)46 App.:1177(k)(8). 53501(5)46 App.:1177(k)(1) (last sentence), (2). 46 App.:1177–1. 53501(6)46 App.:1177(k)(9). 53501(7)46 App.:1177(k)(5). 53501(8)46 App.:1177(k)(7). The codification of the laws in this chapter is not intended to alter the existing jurisdictional relationship of the Secretaries who administer those laws. In paragraph (2)(A)(iii), the word “trade” is substituted for “commerce” for consistency in the chapter.

Editorial Notes

References in Text

section 506 of the Merchant Marine Act, 1936, referred to in par. (8), is section 506 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.

Amendments

2022—Par. (5)(A)(iii). Pub. L. 117–263 substituted “foreign or domestic trade of the United States” for “United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade”. 2018—Par. (5)(A)(iii). Pub. L. 115–232, § 3546(q)(1), substituted “transportation trade or” for “transportation trade trade or”. Par. (7). Pub. L. 115–232, § 3546(q)(3), struck out par. (7), as added by Pub. L. 109–304, § 8(c), which read as follows: “The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a

Construction

-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.” Pars. (8), (9). Pub. L. 115–232, § 3546(q)(2), (4), added par. (8) and redesignated former par. (8) as (9). 2007—Par. (5)(A)(iii). Pub. L. 110–140, § 1122(a)(1), substituted “noncontiguous domestic, or short sea transportation trade” for “or noncontiguous domestic”. Par. (7). Pub. L. 110–140, § 1122(a)(2), added par. (7) relating to short sea transportation trade.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an

Effective Date

note under section 1824 of Title 2, The Congress.

§53501 Definitions

Summary

Title 46, §53501

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata