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46 U.S.C. § 58103 — Employing another person as managing or operating agent

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

A subsidized contractor cannot hire a different company to manage its ships without the Secretary's written OK. The contractor also cannot charter a subsidized vessel to someone else without that same OK. If they do it anyway, the new operator must follow the same subsidy rules, including profit and salary limits.

(a) Prohibition. Except with the Secretary of Transportation's written consent, a contractor holding a contract under the operating-differential subsidy program, or under chapter 575 of this title, may not: (1) hire another person as the operator's managing or operating agent; or (2) charter out a vessel that receives an operating-differential subsidy for someone else to operate. (b) Applicability of Provisions to Charterer. If a charter that this section prohibits happens anyway, the person actually operating the chartered vessel becomes subject to every provision of this subtitle and the operating-differential subsidy program that would otherwise apply — including the limits on profits and salaries.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibition.—

Except with the written consent of the Secretary of Transportation, a contractor holding a contract under the operating-differential subsidy program or under chapter 575 of this title may not—

(1)

employ another person as the managing or operating agent of the operator; or

(2)

charter a vessel, on which an operating-differential subsidy is to be paid, for operation by another person.

(b)Applicability of Provisions to Charterer.—

If a charter prohibited by this section is made, the person operating the chartered vessel is subject to all the provisions of this subtitle and the operating-differential subsidy program, including limitations of profits and salaries.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1671.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1671

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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