46-U.S.C.-57105

§57105 – Acquisition of Vessels For Essential Services, Routes, Or Lines

Pathway

Title 46 > Subtitle V > Part F > Chapter 571 > Section 57105

Details

• Reference: Section 57105
• Legend: §57105 – Acquisition of Vessels For Essential Services, Routes, Or Lines
• USCode Year: 2013

Provision Content

(a) In General.—The Secretary of Transportation may acquire a vessel, by purchase or otherwise, if—

(1) the Secretary considers the vessel necessary to establish, maintain, improve, or serve as a replacement on an essential service, route, or line in the foreign commerce of the United States, as determined under section 50103 of this title;

(2) the vessel was constructed in the United States; and

(3) the Secretary of the Navy has certified to the Secretary of Transportation that the vessel is suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for use by the United States Government in time of war or national emergency.

(b) Price.—The price paid for the vessel shall be based on a fair and reasonable valuation. However, the price may not exceed by more than 5 percent the cost of the vessel to the owner (excluding any construction-differential subsidy and the cost of national defense features paid by the Secretary of Transportation) plus the actual cost previously expended for reconditioning, less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel.

(c) Documentation.—A vessel acquired under this section that is not documented under the laws of the United States at the time of acquisition shall be so documented as soon as practicable.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1660.)

In subsection (a), the words and to pay for the same out of his construction fund are omitted as obsolete because the construction fund established under 46 App. U.S.C. 1116 was impliedly abolished by 46 App. U.S.C. 1119, as amended.

In subsection (b), the words less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel are substituted for less depreciation based upon a twenty-five year life expectancy of the vessel because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that Nothing in any amendment made by this Act [including section 1 substituting ‘twenty-five’ for ‘twenty’ in 46 App. U.S.C. 1125] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-56105 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-56105, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-56307 in the Legal Encyclopedia: Merchant Marine

In this entry about 46-U.S.C.-56307, find legal reference material, bibliographies and premiere content related to merchant marine in the American Encyclopedia of Law, presenting a comprehensive view of the United States merchant marine-specific issues, written by authorities in the field.

Title 46 – Shipping in the Legal Encyclopedia: Government Owned Merchant Vessels

In this entry about Title 46 – Shipping, find legal reference material, bibliographies and premiere content related to government owned merchant vessels in the American Encyclopedia of Law, presenting a comprehensive view of the United States government owned merchant vessels-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 46 (Shipping) guided by subject interests.