46 U.S.C. § 55605: Definitions

Summary

Defines key terms used in the chapter. Marine highway transportation means moving cargo (and any passengers) on a documented vessel when the cargo is one of five types—containers loaded by crane; wheeled roll‑on/roll‑off freight; individually handled, palletized, or unitized packages; bulk, liquid, or loose cargo; or freight vehicles on commuter ferries—and the cargo is loaded and unloaded between U.S. ports or between the U.S. and ports in Canada or Mexico. Tribal government means the federally recognized governing body of any Indian or Alaska Native tribe listed in the most recent list under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131) as of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. Alaska Native Corporation means “Native Corporation” as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

Title 46, §55605

Shipping, Source: USLM XML via OLRC

In this chapter:

(1)The term “marine highway transportation” means the carriage by a documented vessel of cargo (including such carriage of cargo and passengers), if such cargo—

(A)is—

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

(ii)loaded on the vessel by means of wheeled technology, including roll-on roll-off cargo;

(iii)shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation;

(iv)bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or

(v)freight vehicles carried aboard commuter ferry boats; and

(B)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 or Mexico; or

(ii)loaded at a port in Canada or Mexico and unloaded at a port in the United States.

(2)The term “Tribal government” means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(3)The term “Alaska Native Corporation” has the meaning given the term “Native Corporation” under section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in par. (2), is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section defined the term “marine highway transportation” as used in this chapter. 2021—Pub. L. 116–283 substituted “Marine highway” for “Short sea” in section catchline and “marine highway transportation” for “short sea transportation” in introductory provisions. 2015—Par. (1)(C), (D). Pub. L. 114–92 added subpars. (C) and (D). 2012—Pub. L. 112–213, which directed amendment of section 55605, without specifying the title to be amended, by substituting “by a documented vessel” for “by vessel” in the matter preceding par. (1), was executed to this section, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§55605 Definitions