(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or
(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.
(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or
(2) be prejudicial to the objectives and policy of this subtitle.
|Source (U.S. Code)||Source (Statutes at Large)|
|58101||46 App.:1223(a).||June 29, 1936, ch. 858, title VIII, §805(a), 49 Stat. 2012; Pub. L. 97–31, §12(122), Aug. 6, 1981, 95 Stat. 164; Pub. L. 104–239, §4(b)(1), Oct. 8, 1996, 110 Stat. 3131.|
In this chapter, references to the "operating-differential subsidy program" are substituted for references to "part A of subchapter VI of this chapter", meaning 46 App. U.S.C. 1171–1185a, because part A of subchapter VI contains the operating-differential subsidy program and under 46 App. U.S.C. 1185a that program is being phased out. Consequently, part A is being omitted from the revised title and will instead appear as a note under section 53101, except for 46 App. U.S.C. 1177 and 1177–l which are restated in chapter 535. References to "chapter 575 of this title" are substituted for references to "subchapter VII of this chapter", meaning 46 App. U.S.C. 1191–1205, because those sections are restated in chapter 575.
In subsection (b), the words "A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing." are substituted for "without the written permission of the Secretary of Transportation. Every person, firm, or corporation having any interest in such application shall be permitted to intervene and the Secretary of Transportation shall give a hearing to the applicant and the intervenors." for clarity.
In subsection (c), the words "domestic intercoastal or coastwise trade" are substituted for "domestic, intercoastal, or coastwise trade" for consistency in the section.
In subsection (d), the words "and whosoever shall violate this provision shall be guilty of a misdemeanor" are omitted because section 3559 of title 18 provides for the classification of offenses. See the revision notes for section 58109 of the revised title.
Disclaimer: Lawrina maintains this website to enhance public access to information about its activities. We make an effort to keep the information about codes timely and accurate. Please note that we cannot guarantee that the U.S.C, Title 46, Section 58101 — Operating in domestic intercoastal or coastwise service — exactly reproduces the officially adopted text.