Page:United States Statutes at Large Volume 104 Part 5.djvu/345

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3667 (3) to provide any service other than ocean freight service— (A) as a contract carrier; or (B) as a common carrier on a fixed advertised schedule offering frequent saihngs at regular intervals in the foreign commerce of the United States. (b) OFF-SEASON CARRIAGE EXCEPTION. — (1) IN GENERAL.— Subject to paragraph (2), an American Great Lakes vessel may be used to engage in trade otherwise prohibited by subsection (a)(l)(A) for not more than 90 days during any 12-month period. (2) LIMITATION.—An American Great Lakes vessel shall not be used during the Great Lakes shipping season to engage in trade referred to in paragraph (1), SEC. 1524. REVOCATION AND TERMINATION OF DESIGNATION. 46 USC app. 1241t (a) REVOCATION. —The Secretary, after notice and an opportunity for a hearing, may revoke the designation of a vessel under section 1522 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 this subtitle; or (3) the owner or operator of the vessel has violated a construction and purchase agreement under section 1522(b). 0?) 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). (c) TERMINATION OF DESIGNATION.—The Secretary may terminate the designation of a vessel as an American Great Lakes vessel under this subtitle 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. SEC. 1525. ALLOCATION BASED ON LOWEST LANDED COST. Section 901b(c) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241f(c)) is amended— (1) in paragraph (2)(A) by striking "(A)"; (2) in paragraph (2) by striking subparagraph (B); and (3) by adding at the end the following: "(3)(A) Subject to subparagraph (B), in administering sections 901(b) and 901b (46 U.S.C. App. 1241(b) and 1241f), and consistent with those sections, the Commodity Credit Corporation shall take such steps as may be necessary and practicable without detriment to any port range to allocate, on the principle of lowest landed cost without regard to the country of documentation of the vessel, 50 percent of the bagged, processed, or fortified commodities furnished pursuant to title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1751 et seq.). "(B) In carrying out this paragraph, the Commodity Credit Corporation shall not allocate to the Great Lakes port range in any year a percentage share of commodities referred to in subparagraph (A) that is greater than the share experienced by that port range in 1984, as determined by the Secretary of Agriculture.

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