46 CFR 50102 Shipping

§ 50102

TITLE 46—SHIPPING

(3) vessels designed to afford the best and
most complete protection for passengers and
crew against fire and all marine perils; and
(4) an efficient capacity for building and repairing vessels in the United States with an
adequate number of skilled personnel to provide an adequate mobilization base.

mestic and foreign commerce of the United
States that the United States have a merchant
marine—
(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce
of the United States and to provide shipping
service essential for maintaining the flow of
the waterborne domestic and foreign commerce at all times;
(2) capable of serving as a naval and military
auxiliary in time of war or national emergency;
(3) owned and operated as vessels of the
United States by citizens of the United States;
(4) composed of the best-equipped, safest,
and most suitable types of vessels constructed
in the United States and manned with a
trained and efficient citizen personnel; and
(5) supplemented by efficient facilities for
building and repairing vessels.

(b) COOPERATION WITH SECRETARY OF NAVY.—
In carrying out subsection (a)(1), the Secretary
of Transportation shall cooperate closely with
the Secretary of the Navy as to national defense
requirements.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)
HISTORICAL AND REVISION NOTES
Revised
Section
50102 ..........

(b) POLICY.—It is the policy of the United
States to encourage and aid the development
and maintenance of a merchant marine satisfying the objectives described in subsection (a).

50101 ..........

46 App.:861.

46 App.:891.
46 App.:1101.

46 App.:1120.

Source (Statutes at Large)
June 29, 1936, ch. 858, title
II, § 210, 49 Stat. 1989; Pub.
L. 91–469, §§ 3, 35(a), Oct.
21, 1970, 84 Stat. 1018, 1035;
Pub.L. 97–31, § 12(67) (related to § 210), Aug. 6, 1981,
95 Stat. 159.

(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 person’s own business.

HISTORICAL AND REVISION NOTES
Source (U.S. Code)

Source (U.S. Code)

§ 50103. Determinations of essential services

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1556;
Pub. L. 111–84, div. C, title XXXV, § 3511, Oct. 28,
2009, 123 Stat. 2722.)

Revised
Section

Page 274

Source (Statutes at Large)
June 5, 1920, ch. 250, § 1, 41
Stat. 988; Exec. Order No.
6166, June 10, 1933, § 12;
June 29, 1936, ch. 858, title
II, § 204, title IX, § 904, 49
Stat. 1987, 2016; Pub. L.
97–31, § 12(33), Aug. 6, 1981,
95 Stat. 156.
May 22, 1928, ch. 675, § 1, 45
Stat. 689.
June 29, 1936, ch. 858, title I,
§ 101, 49 Stat. 1985; Pub. L.
91–469, § 1, Oct. 21, 1970, 84
Stat. 1018.

This section consolidates the source provisions to
eliminate repetition.
AMENDMENTS
2009—Subsec. (a)(4). Pub. L. 111–84 inserted ‘‘constructed in the United States’’ after ‘‘vessels’’.

§ 50102. Survey of merchant marine
(a) IN GENERAL.—The Secretary of Transportation shall survey the merchant marine of the
United States to determine whether replacements and additions are required to carry out
the objectives and policy of section 50101 of this
title. The Secretary shall study, perfect, and
adopt a long-range program for replacements
and additions that will result, as soon as practicable, in—
(1) an adequate and well-balanced merchant
fleet, including vessels of all types, that will
provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a
time of national emergency;
(2) ownership and operation of the fleet by
citizens of the United States insofar as practicable;

(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.

4

Page 251

ticular 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).

vertible into transport and supply vessels in a
time of national emergency;
(2) ownership and operation of the fleet by
citizens of the United States insofar as practicable;
(3) vessels designed to afford the best and
most complete protection for passengers and
crew against fire and all marine perils; and
(4) an efficient capacity for building and repairing vessels in the United States with an
adequate number of skilled personnel to provide an adequate mobilization base.
(b) COOPERATION WITH SECRETARY OF NAVY.—
In carrying out subsection (a)(1), the Secretary
of Transportation shall cooperate closely with
the Secretary of the Navy as to national defense
requirements.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)

HISTORICAL AND REVISION NOTES
Revised
Section
50102 ..........

§ 50105

TITLE 46—SHIPPING

Source (U.S. Code)
46 App.:1120.

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Revised
Section

June 29, 1936, ch. 858, title
II, § 210, 49 Stat. 1989; Pub.
L. 91–469, §§ 3, 35(a), Oct.
21, 1970, 84 Stat. 1018, 1035;
Pub.L. 97–31, § 12(67) (related to § 210), Aug. 6, 1981,
95 Stat. 159.

50103(a)(1) ..

46 App.:1121(a).

50103(a)(2) ..

46 App.:1213(a) (3d
sentence related
to 1121(a)).

50103(b) ......
50103(c) ......

46 App.:1121(b).
46 App.:1121(c).

§ 50103. Determinations of essential services
(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 person’s own business.

Source (U.S. Code)

Source (Statutes at Large)
June 29, 1936, ch. 858, title
II, § 211(a)–(c), 49 Stat.
1989; Pub. L. 91–469, §§ 4,
35(a), (b), Oct. 21, 1970, 84
Stat. 1018, 1035; Pub. L.
97–31, § 12(67), Aug. 6, 1981,
95 Stat. 159.
June 29, 1936, ch. 858, title
VIII, § 809(a) (3d sentence
related to 211(a)), as added
Pub. L. 97–35, title XVI,
§ 1604, Aug. 13, 1981, 95
Stat. 751.

§ 50104. Studies of general maritime problems
The Secretary of Transportation shall study
all maritime problems arising in carrying out
the policy in section 50101 of this title.
(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1558.)
HISTORICAL AND REVISION NOTES
Revised
Section
50104 ..........

Source (U.S. Code)
46 App.:1122(a).

Source (Statutes at Large)
June 29, 1936, ch. 858, title
II, § 212(a), 49 Stat. 1990;
Aug. 6, 1981, Pub. L. 97–31,
§ 12(69), 95 Stat. 159.

§ 50105. Studies and cooperation relating to the
construction of vessels
(a) RELATIVE COSTS AND NEW DESIGNS.—The
Secretary of Transportation shall investigate,
determine, and keep current records of—
(1) the relative cost of construction of comparable vessels in the United States and in foreign countries; and
(2) new designs, new methods of construction, and new types of equipment for vessels.

(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) RULES, CLASSIFICATIONS, AND RATINGS.—
The Secretary shall examine the rules under
which vessels are constructed abroad and in the
United States and the methods of classifying
and rating the vessels.
(c) COLLABORATION WITH OWNERS AND BUILDERS.—The Secretary shall collaborate with vessel owners and shipbuilders in developing plans
for the economical construction of vessels and
their propelling machinery, of most modern eco-

(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 par-

5

THE

wwte

HOUSE

WASHINGTON

O c t o b e r 5, 1989

NATIONAL SECURITY DIRECTIVE 28
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF TRANSPORTATION
DIRECTOR OF THE OFFICE OF NANAGEMENT AND BUDGET
UNITED STATES TRADE REPRESENTATIVE
THE CHIEF OF STAFF TO THE PRESIDENT
ASSISTANT TO THE PRESIDENT FOR NATIONAL
SECURITY AFFAIRS
DIRECTOR OF CENTRAL INTELLIGENCE
CHAIRMAN OF THE J O I N T CHIEFS OF STAFF
DIRECTOR OF
FEDERAL EMERGENCY MANAGEMENT AGENCY
4
-... . .

*$

SUBJECT :

?

N a t i o n a l s e q u r i t y ~ i r e. .d t i v eon S e a l i f t (U)

.

'

S e a l i f t i s e s s e n t i a l b o a t o executing t h i s c o u n t r y ' s forward
d e f e n s e s t r a t e g y and t o mkintaining a .wartime economy. The
United States' n a t i o n a l sealift objective is t o ensure t h a t
s u f f i c i e n t m i l i t a r y and c i v i l maritime r e s o u r c e s w i l l be
available t o meet d e f e n s e deployment,, and e s s e n t i a l economic
r e q u i r e m e n t s i n s u p p o r t o$ our n a t i o n h i . - s e c u r i t y s t r a t e g y .
The b r o a d purpose o f th$k d i r e c t i v e i s to, e n s u r e t h a t t h e US
m a i n t a i n s t h e c a p a b i l i t y t o meet s e a l i f t 7 k e q u i r e m e n t s i n t h e
e v e n t o f crisis o r w a r .
Toward t h i s end,
t h e following policy
..
guidelines a r e established:
,..

1. The U~-own&i c o & e r c i a l ocean carrier i n d u s t r y , t o t h e
be r e l i e d upon t o p r o v i d e s e a l i f t in
I:j
e x t e n t it i s c a p a b l e j w i &
p e a c e , c r i s i s , and wbr. ; F h i s c a p a b i l i t y w i l l be augmented during
crisis and war by r e s e m e ~ f l e e t scomprised of s h i p s w i t h n a t i o n a l
d e f e n s e f e a t u r e s t h a t are.:pot a v a i l a b l e - i n - s u f f i c i e n t numbers o r
t y p e s i n t h e a c t i v e US-owned commercial i n d h s t r y . The Department
o f T r a n s p o r t a t i o n i s r e s p o n s i b l e for,:aeterniining whether adequate
manpower i s a v a i l a b l e t q s u p p o r t t h e o p e r a t i o n o f reserve s h i p s
I n peacetime, t h e Department o f Defense w i l l
d u r i n g a crisis.

6

o p e r a t e t h e minimum number o f s e a l i f t s h i p s , i n c l u d i n g r e s e r v e
s h i p s , needed t o meet t h e J o i n t ' C h i e f s of S t a f f ' s e x e r c i s e
r e q u i r e m e n t s and shipping r e q u i r e m e n t s t h a t cannot be
accommodated by US-flag commercial ocean c a r r i e r s .
(U)
2. W e must be prepared t o respond u n i l a t e r a l l y t o s e c u r i t y
t h r e a t s i n geographic a r e a s n o t covered by a l l i a n c e
commitments. S u f f i c i e n t US-owned s e a l i f t resources must b e
(U)
a v a i l a b l e t o meet requirements f o r such u n i l a t e r a l r e s p o n s e .
3.
I n a d d i t i o n t o t h e US f l a g f l e e t we w i l l c o n t i n u e t o
r e l y on U.S.-owned ( E f f e c t i v e US C o n t r o l l e d (EUSC)) and a l l i e d
s h i p p i n g r e s o u r c e s t o meet strategic commitments t o o u r
e s t a b l i s h e d a l l i a n c e s . The Department o f T r a n s p o r t a t i o n i s
r e s p o n s i b l e f o r ensuring t h a t t h e a p p r o p r i a t e l e g a l and
p r o c e d u r a l mechanisms n e c e s s a r y f o r e x e r t i n g e f f e c t i v e c o n t r o l
o v e r EUSC s h i p s a r e i n p l a c e . T h e Department of T r a n s p o r t a t i o n
s h a l l a l s o c o n t i n u e t o seek commitment of s e a l i f t r e s o u r c e s from
NATO a l l i e s t o meet a l l i a n c e r e q u i r e m e n t s through t h e NATO
P l a n n i n g Board on Ocean Shipping. The Departments o f S t a t e and
Defense s h a l l examine t h e e x t e n t t ~ ~ . w h i c formal
hagreements w i t h
o t h e r maritime n a t i o n s s h o u l d b e n e g o t i a t e d t o provide a d d i t i o n a l
s e a l i f t f o r s t r a t e g i c commitments.
h,.
:
-;
..+.
4.
The ~ e p a r t m e n tof Defense w i l l determine t h e
requirements f o r s e q l i f t !of d e p l o y i n g forces, follow-on s u p p l y
and sustainment, shLpbui%ding a n d s h i p r e p a i r . I n c o o r d i n a t i o n
w i t h t h e Department ,?uf DeFense, t h e Department of T r a n s p o r t a t i o n
w i l l determine t h e c a p a c i t y of o u r merchant. marine i n d u s t r i e s t o
meet t h e s e requirements and t o p r o v i d e t h e s e a l i f t required t o
s u p p o r t e s s e n t i a l i n d u s t r i a l a c t i v i t y ' d u r i n g wartime. Both
Departments w i l l promote t h e ' i n c o r p d t a t i o n of n a t i o n a l d e f e n s e
f e a t u r e s i n new and exi'.+ing s h i p s . ..%
(u)'
~"

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'.

5 . The Departments of state. Tnd Transportation, t h e S p e c i a l
Trade Representative, and o t h e r a p p r o p r i a t e agencies s h a l l e n s u r e
t h a t i n t e r n a t i o n a l agreements_wd,federa.l p o l i c i e s g o v e r n i n g u s e
o f foreign f l a g c a r r i e r s p r o t e c t our national s e c u r i t y i n t e r e s t s
and do not p l a c e US i n d u g t r y a t an u n f a i q competitive
d i s a d v a n t a g e i n world lniarkets.','' ~ u ' & n pehcetime,
~
federal
a g e n c i e s s h a l l promote, through e f f i c i e n t a p p l i c a t i o n o f laws and
r e g u l a t i o n s , t h e readiness. of t h e US merchant marine and
supporting industries t o respond t o c r i t i c a l national s e c u r i t y
requirements. US gwernment p o l i c i e s and programs s h a l l p r o v i d e
f o r an environment which:$fosters t h e competitiveness and
i n d u s t r i a l preparedness ~f a l l i n d u s t r i e s including t h e maritime
,>.
.industry.
(U)
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n t implementatioh of s p e c i f i c s e a l i f t and
6. ~ e v e l o ~ m e'and
s u p p o r t i n g programs w i l l be made w i t h ' ' f u l 1 c o n s i d e r a t i o n of t h e
~ e w ~ ~ r o g r at m
o senhance o u r
c o s t s and b e n e f i t s involved.
a b i l i t y t o meet n a t i o n a l , s e c u r i t y s e a l i f t requirements s h a l l
compete f o r resources with o t h e r , ,n a t i o n a l s e c u r i t y programs.
(U)

7

Progress towards implementation of this policy will be overseen
by the Policy Coordinating Committee (PCC) on Emergency
Preparedness and Mobilization. Issues associated with
implementation of this policy may be resolved through this
structure. (0)

8