46 U.S.C. § 53501 — Definitions
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 745 words · no verdicts yet
This section defines terms used throughout the chapter, including "eligible vessel," "qualified vessel," "noncontiguous trade," and "vessel." It sets build, documentation, and citizenship requirements for vessels to qualify. It also defines "Secretary" as Commerce for fishing vessels and Transportation for other vessels.
(1) Agreement Vessel. An "agreement vessel" is (A) an eligible or qualified vessel covered by an agreement under this chapter, and (B) any barge* or container that's part of that vessel's normal equipment, if the agreement covers it.
(2) Eligible Vessel. An "eligible vessel" is (A) a vessel that: (i) was built in the U.S. (and, if rebuilt, rebuilt in the U.S.), or was built abroad but documented under U.S. law by April 15, 1970, or built abroad under a contract signed before April 15, 1970 for U.S. foreign trade; (ii) is documented under U.S. law; and (iii) operates in U.S. foreign or domestic trade or U.S. fisheries*. It also includes (B) a commercial fishing vessel that: (i) was built, and if rebuilt, rebuilt, in the U.S.; (ii) is at least 2 but less than 5 net tons; (iii) is owned by a U.S. citizen; (iv) has its home port in the U.S.; and (v) operates in U.S. commercial fisheries.
(3) Joint Regulations. "Joint regulations" means rules the Secretary and the Secretary of the Treasury write together under section 53502(b).
(4) Noncontiguous Trade. "Noncontiguous trade" means (A) trade between one of the 48 contiguous states and Alaska, Hawaii, Puerto Rico, or a U.S. island territory; and (B) trade between one of those places (Alaska, Hawaii, Puerto Rico, or a territory) and another one of them.
(5) Qualified Vessel. A "qualified vessel" is (A) a vessel meeting the same build and documentation rules as an eligible vessel above, where the Secretary and the person holding the vessel's capital construction fund (under section 53503) have agreed it will operate in U.S. foreign or domestic trade or fisheries; or (B) the same kind of small commercial fishing vessel described for "eligible vessel."
(6) Secretary. "Secretary" means (A) the Secretary of Commerce, for a vessel operated or to be operated in U.S. fisheries; and (B) the Secretary of Transportation, for other vessels.
(7) Short Sea Transportation Trade. This means carrying cargo by vessel that (A) is either in intermodal containers loaded by crane, or loaded using wheeled technology; and (B) is either loaded at a U.S. port and unloaded at another U.S. port or a Canadian Great Lakes-Seaway port, or loaded at such a Canadian port and unloaded at a U.S. port.
(8) United States Foreign Trade. This term includes the domestic-trade areas where a vessel built with a construction-differential subsidy may operate under the first sentence of section 506 of the Merchant Marine Act, 1936.
(9) Vessel. "Vessel" includes (A) cargo-handling equipment the Secretary decides is mainly meant for use on the vessel; and (B) an ocean-going towing vessel or barge, or a similar towing vessel or barge that operates on the Great Lakes.
In this chapter:
The term “agreement vessel” means—
an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and
a barge* or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement.
The term “eligible vessel” means—
a vessel—
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;
documented under the laws of the United States; and
operated in the foreign or domestic trade of the United States or in the fisheries* of the United States; and
a commercial fishing vessel—
constructed in the United States and, if reconstructed, reconstructed in the United States;
of at least 2 net tons but less than 5 net tons;
owned by a citizen of the United States;
having its home port in the United States; and
operated in the commercial fisheries of the United States.
The term “joint regulations” means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title.
The term “noncontiguous trade” means—
trade between—
one of the contiguous 48 States; and
Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and
trade between—
a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and
another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States.
The term “qualified vessel” means—
a vessel—
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;
documented under the laws of the United States; and
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
a commercial fishing vessel—
constructed in the United States and, if reconstructed, reconstructed in the United States;
of at least 2 net tons but less than 5 net tons;
owned by a citizen of the United States;
having its home port in the United States; and
operated in the commercial fisheries of the United States.
The term “Secretary” means—
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
the Secretary of Transportation with respect to other vessels.
The term “short sea transportation trade” means the carriage by vessel of cargo—
that is—
contained in intermodal cargo containers and loaded by crane on the vessel; or
loaded on the vessel by means of wheeled technology; and
that is—
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
loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.
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.
The term “vessel” includes—
cargo handling equipment that the Secretary determines is intended for use primarily on the vessel; and
an ocean-going towing vessel, an ocean-going barge, or a comparable towing vessel or barge operated on the Great Lakes.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1591; Pub. L. 110–140, title XI, § 1122(a), Dec. 19, 2007, 121 Stat. 1762; Pub. L. 115–232, div. C, title XXXV, § 3546(q), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–263, div. C, title XXXV, § 3544, Dec. 23, 2022, 136 Stat. 3100.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1591
- 2007Amended · Pub. L. 110-140 · 121 Stat. 1762
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2327
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3100
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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