ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

46 U.S.C. § 56311 — Requisitioned vessels

submitted 9 years ago by Pub. L. 115-91 to r/title-46-SHIPPING · 746 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law allows certain vessels acquired or made available under sections 56309 or 56310 to be documented as U.S. vessels and, under conditions, to engage in coastwise trade. It also addresses crew rules, charters, repairs, reconstruction, reconditioning, repair facilities, and voyages that cross the end of section 196's effective period.

(a) Documentation and Coastwise Trade. A vessel not documented under U.S. law that is acquired by or made available to the Secretary of Transportation under section 56309 or 56310, or otherwise, may be documented as a U.S. vessel at the discretion of the Secretary of the department in which the Coast Guard operates. That Secretary may set rules, regulations, orders, and limits needed to carry out sections 56309 or 56310. Subject to subsection (c), the vessel may engage in coastwise trade when documented this way. The Secretary may order the document surrendered at any time. After the order takes effect, the vessel is not a U.S. vessel unless it is documented again.

(b) Waiving Crew Rules. The President may waive, by rule, regulation, or order, compliance with laws about masters, officers, crew members, or crew accommodations on a vessel documented under this section, to the extent and on the terms the President finds necessary because the vessel lacks physical facilities or aliens are needed to operate it. A vessel does not lose the benefits or privileges of a U.S. vessel because it employs someone under this subsection.

(c) Chartering and Coastwise Permits. While documented under this section, a vessel chartered by the Secretary of Transportation under section 56309 or 56310 to a government department or agency or a private operator may engage in coastwise trade under a permit issued by the Secretary under rules and regulations the Secretary prescribes. The Secretary may issue rules and regulations needed to carry out this section. Section 57109 does not apply to vessels chartered to government departments or agencies or private operators, or otherwise used or disposed of under section 56309 or 56310. Steam-vessel inspection laws apply only to the extent and on the conditions required by regulations of the Secretary of the department in which the Coast Guard operates, who must consider the primary purpose of carrying commodities essential to national defense.

(d) Repairs and Related Authorities. The Secretary of Transportation may, without regard to section 6101 of title 41, repair, reconstruct, or recondition vessels to be used under section 56309 or 56310. The Secretary and any other Government department or agency that acquires or charters such a vessel, or to which it is transferred or made available, may, using available funds and without regard to section 6101, repair, reconstruct, or recondition it to meet the intended service's needs, or provide facilities for that repair, reconstruction, or reconditioning. The Secretary may operate or charter for operation any such vessel to private operators, U.S. citizens, or a Government department or agency without regard to chapter 575, and any Government department or agency may enter into those charters.

(e) Voyages Started Before a Deadline. If a voyage of a vessel documented under this section begins before the effective period of section 196 ends but finishes afterward, this section continues to apply to the vessel until the voyage is completed.

the actual law source: uscode.house.gov ↗public domain
(a)

Any vessel not documented under the laws of the United States, acquired by or made available to the Secretary of Transportation under section 56309 or 56310, as applicable, or otherwise, may, notwithstanding any other provision of law, in the discretion of the Secretary of the department in which the Coast Guard is operating be documented as a vessel of the United States under such rules and regulations or orders, and with such limitations, as the Secretary of the department in which the Coast Guard is operating may prescribe or issue as necessary or appropriate to carry out the purposes and provisions of section 56309 or 56310, as applicable, and in accordance with the provisions of subsection (c), engage in the coastwise trade when so documented. Any document issued to a vessel under the provisions of this subsection shall be surrendered at any time that such surrender may be ordered by the Secretary of the department in which the Coast Guard is operating. No vessel, the surrender of the documents of which has been so ordered, shall, after the effective date of such order, have the status of a vessel of the United States unless documented anew.

(b)

The President may, notwithstanding any other provisions of law, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under authority of this section to such extent and upon such terms as he finds necessary because of the lack of physical facilities on such vessels, and because of the need to employ aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the employment of any person in accordance with the provisions of this subsection.

(c)

Any vessel while documented under the provisions of this section, when chartered under section 56309 or 56310, as applicable, by the Secretary of Transportation to Government agencies or departments or to private operators, may engage in the coastwise trade under permits issued by the Secretary of Transportation, who is authorized to issue permits for such purpose pursuant to such rules and regulations as he may prescribe. The Secretary of Transportation is authorized to prescribe such rules and regulations as he may deem necessary or appropriate to carry out the purposes and provisions of this section. Section 57109 shall not apply with respect to vessels chartered to Government agencies or departments or to private operators or otherwise used or disposed of under section 56309 or 56310, as applicable. Existing laws covering the inspection of steam vessels are made applicable to vessels documented under this section only to such extent and upon such conditions as may be required by regulations of the Secretary of the department in which the Coast Guard is operating: Provided, That in determining to what extent those laws should be made applicable, due consideration shall be given to the primary purpose of transporting commodities essential to the national defense.

(d)

The Secretary of Transportation without regard to the 1section 6101 of title 41 may repair, reconstruct, or recondition any vessels to be utilized under section 56309 or 56310, as applicable. The Secretary of Transportation and any other Government department or agency by which any vessel is acquired or chartered, or to which any vessel is transferred or made available under section 56309 or 56310, as applicable, may, with the aid of any funds available and without regard to the provisions of section 6101 of title 41, repair, reconstruct, or recondition any such vessels to meet the needs of the services intended, or provide facilities for such repair, reconstruction, or reconditioning. The Secretary of Transportation may operate or charter for operation any vessel to be utilized under section 56309 or 56310, as applicable 2 to private operators, citizens of the United States, or to any department or agency of the United States Government, without regard to the provisions of chapter 575, and any department or agency of the United States Government is authorized to enter into such charters.

(e)

In case of any voyage of a vessel documented under the provisions of this section begun before the date of termination of an effective period of section 196 of this title, but is completed after such date, the provisions of this section shall continue in effect with respect to such vessel until such voyage is completed.

Source credit: (Added and amended Pub. L. 115–91, div. C, title XXXV, § 3504(c), Dec. 12, 2017, 131 Stat. 1912.)

history & why it existsrecord from the source credit
  • 2017Enacted · Pub. L. 115-91 · 131 Stat. 1912

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-91 on 2017-12-12.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case