The Secretary, after notice and an opportunity for a hearing, may revoke the designation of a vessel under section
1241r of this Appendix as an American Great Lakes vessel if the Secretary determines that—
(1)the vessel does not meet a requirement for such designation;
(2)the vessel has been operated in violation of sections
1241q to
1241v of this Appendix; or
(3)the owner or operator of the vessel has violated a construction and purchase agreement under section
1241r(b) of this Appendix.
(b) Civil penalty
The Secretary, after notice and an opportunity for a hearing, may assess a civil penalty of not more than $1,000,000 against the owner of an American Great Lakes vessel, for any act for which the designation of that vessel as an American Great Lakes vessel may be revoked under subsection (a) of this section.
(c) Termination of designation
The Secretary may terminate the designation of a vessel as an American Great Lakes vessel under sections
1241q to
1241v of this Appendix upon petition and a showing of good cause for that termination by the owner of the vessel. The Secretary may impose conditions or restrictions in a termination order to prevent significant adverse effects on other United States-flag vessel operators.
Sections
1241q to
1241v of this Appendix, referred to in subsecs. (a)(2) and (c), was in the original “this subtitle”, meaning subtitle B (§§ 1521–1527) of title XV of Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3665, which enacted sections
1241q to
1241v of this Appendix and amended section
1241f of this Appendix.
Codification
Section was enacted as part of the Agricultural Development and Trade Act of 1990 and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Merchant Marine Act, 1936, which comprises this chapter.
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46a USC
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