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LegalText 46 U.S.C. § 50103 Determinations of essential services us united_states_code code_section 46 SHIPPING 501 POLICY, STUDIES, AND REPORTS 50103 46 U.S.C. § 50103 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s50103 data/legal/raw/us/code/title-46/usc46.xml 38cdb06f30286a36f45f17b1a788ce5107ae8a2238505768ab2ec0580ada85ce eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f 153fbcacf85254cd85f3a669749a5001659fa369996859f884f804cb1f3f7ad9 2026-07-04 official
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46 U.S.C. § 50103 - Determinations of essential services

Text

(a) Essential Services, Routes, and Lines.— (1) In general.— The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to—

(A) the cost of maintaining each line;

(B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;

(C) the number of voyages and types of vessels that should be employed in a line;

(D) the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other national requirements; and

(E) any other facts and conditions a prudent business person would consider when dealing with the persons own business.

(2) Saint lawrence seaway.— For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis.

(b) Bulk Cargo Carrying Services.— The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by vessels of the United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United States and the national defense or other national requirements.

(c) Types of Vessels.— The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in—

(1) the services, routes, or lines described in subsection (a), and the frequency and regularity of the voyages of the vessels, with a view to furnishing adequate, regular, certain, and permanent service; and

(2) the bulk cargo carrying services described in subsection (b).

(Pub. L. 109304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 50103(a)(1)46 App.:1121(a).June 29, 1936, ch. 858, title II, § 211(a)(c), 49 Stat. 1989; Pub. L. 91469, §§ 4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 9731, § 12(67), Aug. 6, 1981, 95 Stat. 159. 50103(a)(2)46 App.:1213(a) (3d sentence related to 1121(a)).June 29, 1936, ch. 858, title VIII, § 809(a) (3d sentence related to 211(a)), as added Pub. L. 9735, title XVI, § 1604, Aug. 13, 1981, 95 Stat. 751. 50103(b)46 App.:1121(b). 50103(c)46 App.:1121(c).