46 USC § 501 - Waiver of navigation and vessel-inspection laws | Title 46 - Shipping | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a) On Request of Secretary of Defense.— On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense.

(b) By Head of Agency.—

(1) In general.— When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.

(2) Determinations.— The Maritime Administrator shall—

(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements;

(B) provide notice of each such determination to the Secretary of Transportation and the head of the agency referred to in paragraph (1) for which the determination is made; and

(C) publish each such determination on the Internet Web site of the Department of Transportation not later than 48 hours after notice of the determination is provided to the Secretary of Transportation.

(3) Notice to congress.—

(A) In general.— The head of an agency referred to in paragraph (1) shall notify the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate—

(i) of any request for a waiver of the navigation or vessel-inspection laws under this section not later than 48 hours after receiving such a request; and

(ii) of the issuance of any such waiver not later than 48 hours after such issuance.

(B) Contents.— Such head of an agency shall include in each notification under subparagraph (A)(ii) an explanation of—

(i) the reasons the waiver is necessary; and

(ii) the reasons actions referred to in paragraph (2)(A) are not feasible.

(c) Termination of Authority.— The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate.

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(a) On Request of Secretary of Defense.— On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense.

(b) By Head of Agency.— When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.

(c) Termination of Authority.— The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate.

Source

(Pub. L. 109–304, § 4,Oct. 6, 2006, 120 Stat. 1490; Pub. L. 110–417, div. C, title XXXV, § 3510,Oct. 14, 2008, 122 Stat. 4769.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
501
46 App.:3 note prec.
Dec. 27, 1950, ch. 1155, §§ 1, 2, 64 Stat. 1120.

In subsection (b), the words “When the head of an agency . . . considers it necessary” are substituted for “either upon his own initiative or upon the written recommendation of the head of any other Government agency, when he deems that such action is necessary” to eliminate unnecessary words.

Amendments

2008—Subsec. (b). Pub. L. 110–417reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

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46 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 501		2012	112-239 [Sec.] 3517(a)(2)	126 Stat. 2229
§ 501		2012	112-213 [Sec.] 301	126 Stat. 1562

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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19 CFR - Title 19—Customs Duties

19 CFR 4 - VESSELS IN FOREIGN AND DOMESTIC TRADES

46 USC § 501 - Waiver of navigation and vessel-inspection laws

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